2012 0930

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Cooperative Federalism
Jurisdiction of the U.S. Government

Cooperative Federalism

By Gerald Brown

How the Fifty States of the Union are Separate, Distinct, and Foreign Nations to the United States
Government

A State is a Sovereign Nation

1. British Colonies became Sovereign Nations

Declaration of Independence – These United Colonies are … Free and Independent States; that
are … absolved from all

Allegiance … to the State of Great Britain.

State – An organized government with independent sovereignty … making war and entering into
international relations – Blacks Law Dictionary

-‘state’ includes the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands,
the territories of Alaska and Hawaii before their admission as States, and Guam, and American
Samoa. – 26 CFR §31.3132

-One of the 22 territories owned by the U.S. government

‘United States’ - Territory over which sovereignty of United States extends- Black’s

- means the several states (including the territories of Alaska and Hawaii before their admission
as States), the District of Columbia, …The term ‘citizen of the United States” includes a citizen
of the Commonwealth of Puerto Rico or the Virgin Islands, …26 CFR § 31.3132(e)-1

‘Foreign State’ – A foreign country or nation – Black’s

- Not domestic - IRC

2. A State is altogether exempt from the jurisdiction of the Courts of the United States -
Chisholm, Ex’r v. Georgia 2 Dall. 419, (1794)

3. The United States is not one nation. M’Culloch v. The State of Maryland, 17 U.S. (4 Wheat)
316 (1819)

The Formation of the Union

4. Article I- The Confederacy shall be “The United States of America”

Article II- Each State retains its Sovereignty, freedom and independence, and every power,
jurisdiction, and right, which is not delegated to the United States. Articles of Confederation –
1778

5. The Northwest Ordnance of 1787 provided for the government of the Northwest Territory. It is
the model for establishing governments in 22 such territories belonging to America. A complete
list is in the Domestic Mail Manual. Examples are American Samoa, Puerto Rico, and the U.S.
Virgin Islands.

6. A Congress is an assembly of international envoys, commissioners, deputies, etc, from

different sovereignties. It is also the legislative assembly of the United States.

7. Neither the U.S. Constitution nor the U.S. government are operational within a State. A Federal
government is a government of independent and sovereign states, united by compact. Blacks Law
Dictionary, 1968

8. The Constitution gave territory, the District of Columbia, that was foreign to the sovereignty of
any state to the United States government. The 10th Amendment withheld authority from the
United States for those things not specifically delegated to it. Constitution Article I, Section 8,
clause 17

9. “Each state possesses all the powers of an independent and sovereign nation, except as they
have been ceded away by the constitution. The federal government must show an express or
implied authority in the charter of its appointment to give validity to its acts.” People ex rel.
Attry. Gen. v. Naglee, 1 Cal 234 (1850)

10. Other federations of sovereign states: UK (Wales, Scotland and Ireland); Union of Soviet
Socialist Republics (15 states such as Russia, Estonia, Latvia, and Lithuania, etc); Socialist
Federal Republic of Yugoslavia (Slovenia, Croatia, Bosnia, Serbia, Montenegro and Macedonia;
European Union (15 states including Germany, France, England, Ireland and Italy, etc). United
Nations (180 states)

11. States of the Union are to control the United States government through Congress. Congress
is not to give direction to the States except for things delegated in the Constitution. The original
Constitution had Senators appointed by the State and the President elected by State Electors.

U.S. Government is Foreign to the States of the Union

12. U.S. Territories are foreign to the States of the Union. The 22 territories are under the
sovereignty of the United States government. The Presidents Executive Orders only apply to the
District of Columbia, the federal territories, and the enclaves within the states that have been
ceded to the United States.

13. “That is the settled view of the Supreme Court that, on questions of private international law,
the states are foreign to the United States would seem to be clear from the decision in State of
Wisconsin v. Pelican Is. Co., 127 U.S. 265 (1888). In that case Wisconsin, … against a Louisiana
corporation, brought suit in the U.S. Supreme Court. On the theory that Wisconsin was a foreign
state…’By the law of England and the United States the penal laws of a country do not reach
beyond its own territory, except when extended by express treaty or statute to offenses committed
abroad by its own citizens; and they must be administered in its own courts only, and cannot be
enforced by the court of another country.’ That case has been frequently cited by the Supreme
Court and never has it been qualified in any manner… ”

“ Statutes of the several states and the United States stand upon an equal footing. They are to be
enforced or not enforced according to the rule of comity in private international law and not by
reason of any constitutional mandate…The Constitution does not require us to treat the United
States in a matter of this nature more favorable than we do a sister state of the Union.” Robinson
v. Norato, 71 R.I. 25, 643 A.2d 467, (1945)

14. The government of the United States is foreign as to the states of the union … the penal
statutes of one sovereignty will not be enforced by another…Salonen v. Farley, 82 F. Supp. 25
U.S. District Court, Kentucky (1949)

15. “The United States government is a foreign corporation with respect to a state.” 19 C.J.S.
Corporations §883, citing In re Merriam’s Estate, 36 N.Y. 505, 141 N.Y. 479 (1894)

16. “Township school district was not required to furnish free educational facilities for children
who resided on grounds of federal Veterans Administration Hospital, which was located in the
township, where jurisdiction of grounds had been ceded by the Commonwealth to the United
States…Neither the parents nor the guardians of these children reside in O’Hara Township. To be
a resident of a particular political subdivision of a State, a person must reside on land over which
the State has jurisdiction. It has long been held that persons living on Federal reservations are not
residents of the states wherein such reservations are situated…When title is acquired by purchase
by consent of the legislatures of the states, the federal jurisdiction is exclusive of all state
authority… Schwartz v. O’Hara Tp. School Dist. et al., 100 A.2d 621 (1953)

17. A contract between the United States and a state does not constitute a delegation of authority
of the citizens of the States of the Union. Such a contract operates only on the State government
and can create no obligation on the people

18. Public international law deals with the authority of the States of the Union have delegated to
the United States government to represent American interests outside of American society.
Private international law deals with the role of the federal government within American society
where federal legislation might conflict with state law.

19. The laws enacted by Congress are domestic to the District of Columbia, the federal territories
or insular Possessions, and the enclaves within a state that jurisdiction has been ceded to the
United States government. Without a specific constitutional footing, the laws of Congress are
foreign to the States of the Union, and … foreign law never supersedes nor takes precedence over
any law that is domestic to the State.

Limited Authority of Federal Law

20. “Congress as a legislative body, exercises two species of legislative power: the one, limited as
to its objects, but extending all over the Union; the other, an absolute exclusive legislative power
over the District of Columbia…

It cannot be denied that the character of the jurisdiction which Congress has over the district, is
widely different from that which it has over the states; over them , Congress has not exclusive
jurisdiction. Its powers over the states are those only which are specifically given, …”, Cohens v.
Virginia, 6 Wheat. 264, 5 L.Ed. 257 (1821)

21. Territorial courts are not courts in which the judicial power conferred by Article 3 can be
deposited; yet they are legislative courts, created in virtue of the general right of sovereignty,
which exists in the government over the territories, or the clause which enables congress to make
all needful rules and regulations respecting the territory belonging to the United States.” United
States v. Coe, 155 U.S. 76, 15 S.Ct. 16 (1894)

22. “Congress cannot, by legislation, enlarge the federal jurisdiction…Special provision is made
in the Constitution for the cession of jurisdiction from the states … And it is only these places, or
in the territories of the United States, where it can exercise a general jurisdiction…”

“All powers which pertain to Sovereignty, which have not been delegated to the federal
government, belong to the States and the people.” New Orleans v. United States, 35 U.S. 662
(1836)

23. Chelsea Creek in Boston Harbor is not in the United States. Ellis v. United States, 206 U.S.
246 (1907)

24. “There could be no complete code for the entire United States, because the subjects which
would be proper to be regulated be a code in the states are entirely outside the legislative
authority of Congress”, Justice Walter S. Cox of the Supreme Court of the District of Columbia, 1
D.C. Code, Volume 1, p. 10, 1981 edition.

25. “Legislation of Congress… is meant to apply only within the territorial jurisdiction of the
United States”, Foley Bros. v. Filardo, 336 U.S. 281 (1949)

26. “ This statute [Revenue Statute §5392 defining the crime of perjury] is one of universal
application within the territorial limits of the United States…The laws of congress in respect to
those matters do not extend into the territorial limits of the states, but have force only in the
District of Columbia, and other places that are within the exclusive jurisdiction of the national
government.” Caha v. United States, 152 U.S. 211 (1894)

27. “An act of Congress does not have sanctity of constitutional provision, … the operation of the
act can affect only those subjects over which the central government has jurisdiction.” People v.
Kelly, 122 P.2d 655 (1942)

28. “Unless and until the United States has accepted jurisdiction over lands hereafter to be
acquired as aforesaid, it shall be conclusively presumed that no such jurisdiction has been
accepted.” 40 USC §255 and 50 USC §175

29. “Because these parcels are not federally owned, the United States does not have any
legislative jurisdiction. I trust that you are aware that the jurisdiction ceded under California
Government Code §126 is legislative jurisdiction and that the cession process is based on Article
1, Section 8, clause 17 of the U.S. Constitution. Further, the United States must have a real
property interest in the land prior to a cession. Consequently, if the United States does not have a
real property interest, the State of California cannot and has not ceded legislative jurisdiction to
the United States. ” James R. Frey, California State Lands Commission, 1996

Diversity of Citizenship

30. “…technically, there is no such thing as a citizen of the United States…Consequently, one
who is created a citizen of the United States, is certainly not made a citizen of any particular
State. It follows, that as it is only the citizens of the State who are entitled to all privileges and
immunities of citizens of the several States…then a distinction both in name and privileges is
made to exist between citizens of the United States ex vi termini, and citizens of the several
States. To the former no privileges or immunities are granted;” Ex Parte-Frank Knowles, 5 Cal.
300 (1855)

31. “That there is a citizenship of the United States and a citizenship of a state, and the privileges
and immunities of one are not the same as the other, is well established by the decisions of the
courts of this country.” Tashiro v. Jordan, 201 Cal. 236 (1927)

32. “This position is that the privileges and immunities clause protects all citizens against
abridgment by states of rights of national citizenship, as distinct from the fundamental or natural
rights inherent in state citizenship…the Fourteenth Amendment, as well as the Thirteenth and
Fifteenth were adopted to protect the negroes in their freedom. This extended the benefits of the
privileges and immunities clause to other rights which are inherent in national citizenship, but
denied it to those which spring form state citizenship…We think it quite clear that the right to
carry out an incident to a trade, business or calling such as the deposit of money in banks is not a
privilege of national citizenship.” Madden v. Kentucky, 309 U.S. 83 (1940)

33. “No white person born within the limits of the United States, and subject to their jurisdiction
… owes the status of citizenship to the recent amendments to the Federal Constitution. The
purpose of the Fourteenth Amendment was to confer the status of citizenship upon a class of
persons domiciled within the limits of the United States, who could not be brought within the
operation of the naturalization laws because they were native born without the status of
citizenship.” VanValkenburg v. Brown, 43 Cal. 43 (1872)

34. The rights of citizens of the states and of citizens of the United States are each guarded by
these different provisions. That these rights are separate and distinct, was held in the
Slaughterhouse Cases, 83 U.S. 36, recently decided by the Supreme Court. The rights of citizens
of the state, as such, are not under consideration in the fourteenth amendment. They stand as they
did before the adoption of the fourteenth amendment, and are fully guaranteed by other
provisions. United States v. Anthony, 24 Fed. Cas. Page 829, (1873)

35. “…the Fourteenth Amendment protects very few rights because it neither incorporates any of
the Bill of Rights nor protects all rights of individual citizens. … Instead, this provision protects
only those rights peculiar to being a citizen of the federal government; it does not protect those
rights which relate to state citizenship.” Jones v. Temmer, 829 F.Supp. 1226 (1993)

36. “State has right to extend qualifications for state office to its citizens, even though they are
not citizens of the United States… Both before and after the Fourteenth Amendment to the
federal Constitution, it has not been necessary for a person to be a citizen of the United States in
order to be a citizen of his state.” Crosse v. Board of Supervisors of Elections, 221 A.2d 431
(1966)

37. As of 1940, only citizens of different Territories could file suit in a District court. Citizens of
a Territory could not file suit against a citizen of a State of the Union because the court did not
have jurisdiction over them.

“The Act of 1940 permitted action between a citizen of Hawaii and of Puerto Rico, but not
between a citizen of New York and Puerto Rico in the District Court. The 1985 Amendment
extends the 1940 amendment to apply to controversies between citizens of Territories or the
District of Columbia and foreign states or citizens or subjects thereof.“

“ (d) The word "States", as used in this section, includes the Territories, the District of Columbia,
and the Commonwealth of Puerto Rico.” 28 USC 1332 (d) and Revision Notes

38. Citizens of the States of the Union are nonresident aliens to the Internal Revenue Code. Frank
Brushaber was a Citizen of New York and Union Pacific was incorporated in Utah Territory.
“Under the decision of the Supreme Court of the United States in the case of Brushaber v. Union
Pacific Railway Co., decided January 24, 1916, It is hereby held that income accruing to
nonresident aliens in the form of interest from bonds and dividends on the stock of domestic
corporations is subject to the income tax imposed by the act of October 3, 1913.” Treasury
Decision 2313, March 21, 1916
The Territories: The Inchoate States of the United States

39. A territory is a state as that word is used in treaties with foreign powers… The territories are
inchoate states under the sovereignty of the United States. “If Congress authorizes the creation of
courts and the appointment of judges for a limited time, it must act independently of the
Constitution and upon territory, which is not part of the United States within the meaning of the
Constitution.

“1. The District of Columbia and the territories are not states within the judicial clause of the
Constitution giving jurisdiction in cases between citizens of different states.

“3. That the District of Columbia and the territories are states as that word is used in treaties…

“4. That the District of Columbia and the territories are not within the clause of the Constitution
providing for the creation of a supreme court and such inferior courts as Congress may see fit to
establish.”, O’Donoghue v. United States, 289 U.S. 516 (1933)

40. Under the Treaty with Spain, the territories were called “states” for the purpose of ownership,
disposition, and inheritance of property. It is these inchoate states, and not the sovereign States of
the Union, that are subject to the Internal Revenue Code. Congress does not include the States of
the Union in the definition of “United States” or “States” in 26 USC 7701.

41. Congress deleted references to Alaska and Hawaii in Title 26 as each of these Territories was
admitted into the Union, thereby recognizing that the Internal Revenue Code has no inherent
operation within the States of the Union.

42. The federal codes typically refer to the “States of the United States” as places where federal
law has operation. These are the territories owned by the United States, not the States of the
Union.

“ (a) When used in the regulations of this subpart, the term ‘state’ includes the District of
Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, the territories of Alaska and
Hawaii before their admission as States, and Guam, and American Samoa.

“(b) When used in the regulations of this subpart, the term ‘United States’, when used in the
geographical sense, means the several states (including the territories of Alaska and Hawaii
before their admission as States), the District of Columbia, …The term ‘citizen of the United
States” includes a citizen of the Commonwealth of Puerto Rico or the Virgin Islands, …26 CFR §
31.3132(e)-1

43. Any civil action for the collection of internal revenue taxes may be brought in the district
where the liability for such tax accrues, in the district of the taxpayer's residence, or in the district
where the return was filed. . 28 USC 1396 Internal revenue taxes

44. The Assistant Attorney General in charge of the Criminal Division is authorized to determine
 administratively whether the Federal Government has exclusive or concurrent jurisdiction over
offenses committed upon lands acquired by the United States, and to consider problems arising
therefrom. 28 CFR 0.56 Exclusive or concurrent jurisdiction

45. The revenue laws are a code or system in regulation of tax assessment and collection. They
relate to taxpayers, and not to nontaxpayers. The latter are without their scope.” United States
Court of Claims, Economy Plumbing and Heating v. United States, 470 F.2d 585, at 589 (1972)
NOTICE: Gerald Brown is not affiliated with Freedom School.

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