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The Anti-Government Guidebook for Judges

The Anti-Government Guidebook for Judges

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Published by American Kabuki
A Guidebook Judges use when dealing the Sovereignty and Common Law Movements.
A Guidebook Judges use when dealing the Sovereignty and Common Law Movements.

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Published by: American Kabuki on Jan 27, 2013
Copyright:Attribution Non-commercial


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Though the precise contours of their philosophy differ among the various groups, almost all

antigovernment movements adhere to a theory of a "sovereign" citizen. Essentially, they believe that

our nation is made up of two types of people: those who are sovereign citizens by virtue of Article IV

of the Constitution, and those who are "corporate" or "14th

Amendment" citizens by virtue of the

ratification of the 14th

Amendment. The arguments put forth by these groups are generally incoherent,

legally, and vary greatly among different groups and different speakers within those groups. They all

rely on snippets of 19th

Century court opinions taken out of context, definitions from obsolete legal

dictionaries and treatises, and misplaced interpretations of original intent. One of the more cogent –

in the sense that it is readily followed - arguments is that there were no United States citizens prior to

the ratification of the 14th

Amendment. All Americans were merely citizens of their own state and

owed no allegiance to the federal government. As a result of that Amendment, however, Congress

created a new type of citizen - one who now enjoyed privileges conferred by the federal government

and in turn answered to that government.

One of the ramifications of this belief is the dependent belief that, unless one specifically

renounces his federal citizenship,27

he is not the type of citizen originally contemplated by

the Constitution. And, in their view, the Constitution requires all federal office holders to be the

original or sovereign type of citizen, a state citizen rather than a United States citizen. As a result,

all federal officers are holding office illegally and their laws and rules are thus constitutionally suspect.

If the complaint, then, is that the federal government is suspect and thus so is its hold over these

believers, it is unclear exactly why the state courts are correspondingly without authority.

The explanations for that diverge widely. Essentially, members of these movements believe that they

are able to renounce their federal citizenship by "quieting title" and by repudiating any possible

"contractual" link to the government - such things as licenses, paying taxes, etc. They appear to just

bootstrap their claims against the states onto the federal argument, and when they quiet title and


Anti-Government Movement Guidebook

become sovereign, all government's jurisdiction over them dissolves - except for the common law court

to whose authority they have acquiesced.

Followers of these beliefs will typically attempt two types of argument in the state courts.

Both go to the court's lack of jurisdiction, but for different reasons. The first is that they are sovereign

and thus not answerable to state courts. They often support this contention by attempting to avail

themselves of the "non resident alien" status described in Title 8 of the United States Code.28

This argument will be made in conjunction with some variation of the discussion above. The second

tactic will be to proclaim that they simply are not a "person" for purposes of whatever statute they are

being charged or sued under - almost always a losing argument that is nonetheless very popular with

tax protest groups.

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