Several of this blog’s readers were commenting on 14th Amendment citizenship. I respond as follows:
Article 1 Section 2 of The Constitution of The State of Texas declares in part, “All political power is inherent in the people, and all free governments are founded on their authority, and instituted for their benefit.” This tells me two things: 1) That State constitution is a trust; and 2) the “people” of that State are the beneficiaries of that State constitution/trust.
From that information, I presume that 1) all constitutions are trust indentures; 2) in every State constitution, the “people” are the beneficiaries; and 3) if you want to claim any of the rights secured by a constitution, you had better not appear in the capacity of a “person,” “inhabitant,” “occupant” or “citizen,” etc.–you’d better expressly claim to a “man made in God’s image” and one of the people of a particular State of the Union.
I also believe the federal Constitution is a trust, but it’s not yet absolutely clear to me if the beneficiaries of the federal Constitution are “We the People” or the individuals States of the Union. It’s also not clear to be that there’s a distinct difference between the “States” and the “People”.
If it’s true that the People are the beneficiaries of the State constitutions, who are the fiduciaries? I can see no answer other than the elected officers, appointed officials, and employees of the government. In short, as originally intended by the Founding Fathers, the people were the beneficiaries and government was the fiduciaries. That makes perfect sense to me.
In the early 1990s, I wrote a number of articles on the “Missing 13th Amendment”. This is an Amendment to the federal Constitution that was almost certainly ratified back about A.D. 1820 but has nevertheless been removed. The purpose of the Amendment was to create a penalty for anyone who accepted an “honor” or “title of nobility”. A “title of nobility” is an advantage or privilege enjoyed by some but prohibited to others. It is an inequality. Titles of nobility are prohibited in the body of the federal Constitution, but there is no specified penalty. The “Missing 13th Amendment” proposed that anyone taking an “honor” or “title of nobility” would be penalized by a loss of citizenship. This loss did not mean that you’d be ejected from the country. It only meant that once you’d lost your “citizenship” you could no longer be a government officer or employee.
In other words, if you lost your citizenship, you lost your standing to become a fiduciary (government officer or employee) under any State of federal constitution/trust.
It therefore seems to me that the words “citizen,” “fiduciary” and “employee” may be roughly synonymous when we talk about government.
But government never wanted to be the people’s fiduciary/servant. Government wanted to rule and in order to do so, it was necessary to reverse the constitutional relationship wherein the people were the beneficiaries (who had virtually all of the rights) and the government officers and employees were the fiduciaries (who had virtually all of the duties and liabilities). In order to rule with abandon, government had to become the beneficiary while the people were subjected to the status of governmental employees, servants, fiduciaries and virtual slaves.
I suspect that the 14th Amendment was designed (or at least evolved to be treated as) as a device for reducing the “persons” and citizens to the status of fiduciaries/ servants/ slaves to the government. Part of the reason for that suspicion is the first sentence of the 14th Amendment which declares, “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.”
If it’s true that under the “Missing 13th Amendment” a loss of citizenship would only make one ineligible to be a government officer or employee, then it follows that “citizenship” (the status of a fiduciary or at least one eligible to become a fiduciary in relation to a State or federal constitution) might be very close reducing a “man” (one of the people) to the status of a “person”/ “citizen”/ “fiduciary”/ “employee” of the United States. The only question would be whether that “person” was also “subject to the the jurisdiction” of the United States. If a “person” was both: 1) “born in the United States”; and 2) “subject to the jurisdiction” of the United States, then that “person” would be a citizen/fiduciary of and for the benefit of the “United States”.
Of course, so long as you were within the borders of a State of the Union, you would not normally be “subject to the jurisdiction” of the United States. Thus, within the borders of a State of the Union, it might not be possible to be a “14th Amendment citizen” (fiduciary for the United States). Of course, because the 14th Amendment also declared that such persons who “resided” within a State of the Union would be also be citizens of that State. Of course, it seems possible to me that if you expressly declared yourself to be one of the “people” rather than one of the “persons” resident in a State of the Union you might still be deemed to be a beneficiary of your State’s constitution.
But if the States of the Union could supplanted by territories of the United States, then (under the 14th) evidence of your birth might be sufficient to prove (or at least presume) that you are a citizen/ fiduciary of and for the “United States”. I.e., if you’re not within a State of the Union, but are instead presumed to be acting in a territory (like TX, CA or NY), there is no question about being one of the people (or even a citizen) of a State of the Union. Within the territories, all are subject to the exclusive jurisdiction of Congress and the only determining factor as to whether you are or are not a “citizen/fiduciary” might be your place of birth.
Under the 14th Amendment, as a citizen/fiduciary you would no longer have standing as one of the “people”/beneficiaries of your State or federal constitutions. You might have some civil rights. You might have some administrative rights. You might be entitled to procedural due process. But, as a citizen/fiduciary, you would no longer have standing to claim any of the rights (including the God-given, unalienable Rights) with which the “people” had been previously endowed. You would be a subject and government would be your master.
Additionally, Section 4 of the 14th Amendment reads in part, “The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned.”
My first question is “shall not be questioned by whom?”
It seems to me that the people/beneficiaries of a trust can question anything about the administration of that trust and the trust’s fiduciaries (in this case the government) are bound to provide an honest answer. On the other hand, the fiduciaries of the trust could be prohibited from questioning anything about the trust’s debts. Insofar as any individual is prohibited from questioning the public debt, that individual would seem to be a fiduciary rather than a beneficiary. The Section 4 prohibition seemingly applies to the “persons“/ “citizens“/ fiduciaries of the United States. If you can’t question the debt, it seems certain that you are also deemed to be a debtor (perhaps even a debtor in bankruptcy). The debtor always stands in the role of fiduciary in relation to the creditor–who is always the beneficiary in relation to the debt and debtor.
I interpret the Section 4 prohibition as further evidence that 14th Amendment “citizens” are deemed to be debtors/fiduciaries of and for the United States government rather than members of the “people” beneficiaries of their State and/or federal constitutions.
If my interpretation is correct, as 14th Amendment citizens, folks are deemed by the government to be little more than servants and arguably slaves.
I don’t doubt that my interpretation is missing many important details and is flawed in some regards. Still, I think this interpretation may be roughly correct and useful in helping to understand the issue of 14th Amendment citizenship.
In essence, I suspect that 14th Amendment citizens don’t truly receive “benefits”–instead, as fiduciaries, they primarily receive duties, obligations, debts and liabilities.