The official state office known as “Person”
This is the single most important lesson that you MUST learn. If you spend an hour to learn this material you will be rewarded for the rest of your life.
The word “person” in legal terminology is perceived as a general word which normally includes in its scope a variety of entities other than human beings. See e.g. 1 U.S.C. sec 1. Church of Scientology v. U.S. Dept. of Justice (1979) 612 F.2d 417, 425.
One of the very first of your state statutes will have a section listed entitled “Definitions.” Carefully study this section of the statutes and you will find a portion that reads similar to this excerpt:
In construing these statutes and each and every word, phrase, or part hereof, where the context will permit:
(1) The singular includes the plural and vice versa.
(2) Gender-specific language includes the other gender and neuter.
(3) The word “person” includes individuals, children, firms, associations, joint adventures, partnerships, estates, trusts, business trusts, syndicates, fiduciaries, corporations, and all other groups or combinations.
NOTE HOWEVER, THE DEFINITIONS STATUTE DOES NOT LIST MAN OR WOMAN —THEREFORE THEY ARE EXCLUDED FROM ALL THE STATUTES !!!
Under the rule of construction “expressio unius est exclusio alterius,” where a statute or Constitution enumerates the things on which it is to operate or forbids certain things, it is ordinarily to be construed as excluding from its operation all those not expressly mentioned.
Generally words in a statute should be given their plain and ordinary meaning. When a statute does not specifically define words, such words should be construed in their common or ordinary sense to the effect that the rules used in construing statutes are also applicable in the construction of the Constitution. It is a fundamental rule of statutory construction that words of common usage when used in a statute should be construed in their plain and ordinary sense.
If you carefully read the statute laws enacted by your state legislature you will also notice that they are all written with phrases similar to these five examples:
1. A person commits the offense of failure to carry a license if the person . . .
2. A person commits the offense of failure to register a vehicle if the person . . .
3. A person commits the offense of driving uninsured if the person . . .
4. A person commits the offense of fishing if the person . . .
5. A person commits the offense of breathing if the person . . .
Notice that only “persons” can commit these state legislature created crimes. A crime is by definition an offense committed against the “state.” If you commit an offense against a human, it is called a tort. Examples of torts would be any personal injury, slander, or defamation of character.
So how does someone become a “person” and subject to regulation by state statutes and laws?
There is only one way. You must ask the state for permission to volunteer to become a state person. You must volunteer because the U.S. Constitution forbids the state from compelling you into slavery. This is found in the 13th and 14th Amendments.
13th Amendment Section 1. Neither slavery nor involuntary servitude, except as a punishment for crime, whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.
14th Amendment Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law, nor deny any person within its jurisdiction the equal protection of the laws.
You become a state created statutory “person” by taking up residency with the state and stepping into the office of “person.” You must hold an “office” within the state government in order for that state government to regulate and control you. First comes the legislatively created office, then comes their control. If you do not have an office in state government, the legislature’s control over you would also be prohibited by the Declaration of Rights section, usually found to be either Section I or II, of the State Constitution.
The most common office held in a state is therefore the office known as “person.” Your state legislature created this office as a way to control people. It is an office most people occupy without even knowing that they are doing so.
The legislature cannot lawfully control you because you are a flesh and blood human being. God alone created you and by Right of creation, He alone can control you. It is the nature of law, that what one creates, one controls. This natural law is the force that binds a creature to its creator. God created us and we are, therefore, subject to His laws, whether or not we acknowledge Him as our Creator.
The way the state gets around God’s law and thereby controls the people is by creating only an office, and not a real human. This office is titled as “person” and then the legislature claims that you are filling that office. Legislators erroneously now think that they can make laws that also control men. They create entire bodies of laws – motor vehicle code, building code, compulsory education laws, and so on ad nauseum. They still cannot control men or women, but they can now control the office they created. And look who is sitting in that office—YOU.
Then they create government departments to administer regulations to these offices. Within these administrative departments of state government are hundreds of other state created offices. There is everything from the office of janitor to the office of governor. But these administrative departments cannot function properly unless they have subjects to regulate. The legislature obtains these subjects by creating an office that nobody even realizes to be an official state office.
They have created the office of “person.” The state creates many other offices such as police officer, prosecutor, judge etc. and everyone understands this concept. However, what most people fail to recognize and understand is the most common state office of all, the office of “person.” Anyone filling one of these state offices is subject to regulation by their creator, the state legislature. Through the state created office of “person,” the state gains its authority to regulate, control and judge you, the real human. What they have done is apply the natural law principle, “what one creates, one controls.”
A look in Webster’s dictionary reveals the origin of the word “person.” It literally means “the mask an actor wears.”
The legislature creates the office of “person” which is a mask. They cannot create real people, only God can do that. But they can create the “office” of “person,” which is merely a mask, and then they persuade a flesh and blood human being to put on that mask by offering a fictitious privilege, such as a driver license. Now the legislature has gained complete control over both the mask and the actor behind the mask.
A resident is another state office holder.
All state residents hold an office in the state government.
But not everyone who is a resident also holds the office of “person.”
Some residents hold the office of judge and they are not persons.
Some residents hold the office of prosecutors and they are not persons.
Some residents hold the office of police office(rs) and they are not persons.
Some residents hold the office of legislators and they are not persons.
Some residents are administrators and bureaucrats and they also are not persons.
Some residents are attorneys and they also are not persons.
An attorney is a state officer of the court and is firmly part of the judicial branch. The attorneys will all tell you that they are “licensed” to practice law by the state Supreme Court. Therefore, it is unawful for any attorney to hold any position or office outside of the judicial branch. There can be no attorney legislators – no attorney mayors – no attorneys as police – no attorneys as governor. Yes, I know it happens all the time, however, this practice of multiple office holding by attorneys is prohibited by the constitution and is a felony in most states.
If you read farther into your state constitution you will find a clause stating this, the Separation of Powers, which will essentially read as follows: Branches of government—The powers of the state government shall be divided into legislative, executive and judicial branches. No person belonging to one branch shall exercise any powers appertaining to either of the other branches unless expressly provided herein.
Therefore, a police officer cannot arrest a prosecutor, a prosecutor cannot prosecute a sitting judge, a judge cannot order the legislature to perform and so on. Because these “offices” are not persons, the state will not, and cannot prosecute them, therefore they enjoy almost complete protection by the state in the performance of their daily duties. This is why it is impossible to sue or file charges against most government employees.
If their crimes should rise to the level where they “shock the community” and cause alarm in the people, then they will be terminated from state employment and lose their absolute protection. If you carefully pay attention to the news, you will notice that these government employees are always terminated from their office or state employment and then are they arrested, now as a common person, and charged for their crimes. Simply put, the state will not eat its own.
The reason all state residents hold an office is so the state can control everything. It wants to create every single office so that all areas of your life are under the complete control of the state. Each office has prescribed duties and responsibilities and all these offices are regulated and governed by the state. If you read the fine print when you apply for a state license or privilege you will see that you must sign a declaration that you are in fact a “resident” of that state.
“Person” is a subset of resident. Judge is a subset of resident. Legislator and police officer are subsets of resident. If you hold any office in the state, you are a resident and subject to all legislative decrees in the form of statutes.
They will always say that we are free men. But they will never tell you that the legislatively created offices that you are occupying are not free.
They will say, “All men are free,” because that is a true statement. What they do not say is, that holding any state office binds free men into slavery for the state. They are ever ready to trick you into accepting the state office of “person,” and once you are filling that office, you cease to be free men. You become regulated creatures, called persons, totally created by the legislature. You will hear “free men” mentioned all the time, but you will never hear about “free persons.”
If you build your life in an office created by the legislature, it will be built on shifting sands. The office can be changed and manipulated at any time to conform to the whims of the legislature. When you hold the office of “person” created by the legislature, your office isn’t fixed. Your duties and responsibilities are ever changing. Each legislative session binds a “person” to ever more burdens and requirements in the form of more rules, laws and statutes.
Most state constitutions have a section that declares the fundamental power of the people: Political power—All political power is inherent in the people. The enunciation herein of certain Rights shall not be construed to deny or impair others retained by the people.
Notice that this says “people” it does not say persons. This statement declares beyond any doubt that the people are Sovereign over their created government. This is natural law and the natural flow of delegated power.
A Sovereign is a private, non-resident, non-domestic, non-person, non-individual, NOT SUBJECT to any real or imaginary statutory regulations or quasi laws enacted by any state legislature which was created by the people.
When you are pulled over by the police, roll down your window and say, “You are speaking to a Sovereign political power holder. I do not consent to you detaining me. Why are you detaining me against my will ?”
Now the state office of policeman knows that “IT” is talking to a flesh and blood Sovereign.
The police officer cannot cite a Sovereign because the state legislature can only regulate whatthey create. And the state does not create Sovereign political power holders. It is very important to lay the proper foundation, Right from the beginning. Let the police officer know that you are a Sovereign. Remain in your proper office of Sovereign political power holder.
Do not leave it. Do not be persuaded by police pressure or tricks to put on the mask of a state “person.” Why aren’t Sovereigns subject to the state’s charges? Because of the concept of office. The state is attempting to prosecute only a particular office known as “person.” If you are not in that state created office of “person,” the state statutes simply do not apply to you. This is common sense, for example, if you are not in the state of Texas, then Texas laws do not apply to you. For the state to control someone, they have to first create the office. Then they must coerce a warm-blooded creature to come fill that office. They want you to fill that office.
Here is the often expressed understanding from the United States Supreme Court, that “in common usage, the term “person” does not include the Sovereign, statutes employing the person are ordinarily construed to exclude the Sovereign.” Wilson v. Omaha Tribe, 442 U.S. 653, 667 (1979) (quoting United States v. Cooper Corp., 312 U.S. 600, 604 (1941)). See also United States v. Mine Workers, 330 U.S. 258, 275 (1947).
The idea that the word “person” ordinarily excludes the Sovereign can also be traced to the “familiar principle that the King is not bound by any act of Parliament unless he be named therein by special and particular words.” Dollar Savings Bank v. United States, 19 Wall. 227, 239 (1874). As this passage suggests, however, this interpretive principle applies only to “the enacting Sovereign.” United States v. California, 297 U.S. 175, 186 (1936). See also Jefferson County Pharmaceutical Assn., Inc. v. Abbott Laboratories, 460 U.S. 150, 161, n. 21 (1983). Furthermore, as explained in United States v. Herron, 20 Wall. 251, 255 (1874), even the principle as applied to the enacting Sovereign is not without limitations: “Where an act of Parliament is made for the public good, as for the advancement of religion and justice or to prevent injury and wrong, the king is bound by such act, though not particularly named therein; but where a statute is general, and thereby any prerogative, Right, title, or interest is divested or taken from the king, in such case the king is not bound, unless the statute is made to extend to him by express words.”
U.S. Supreme Court Justice Holmes explained: “A Sovereign is exempt from suit, not because of any formal conception or obsolete theory, but on the logical and practical ground that there can be no legal Right as against the authority that makes the law on which the Right depends.”
Kawananakoa v. Polyblank, 205 U.S. 349, 353, 27 S. Ct. 526, 527, 51 L. Ed. 834 (1907). The majority of American states fully embrace the Sovereign immunity theory as well as the federal government. See Restatement (Second) of Torts 895B, comment at 400 (1979).
The following U.S. Supreme Court case makes clear all these principals.
I shall have occasion incidentally to evince, how true it is, that states and governments were made for man; and at the same time how true it is, that his creatures and servants have first deceived, next vilified, and at last oppressed their master and maker.
... A state, useful and valuable as the contrivance is, is the inferior contriv
