Dear Friends,For an entity to become a corporation under federal law,there must be an Act of Congress creating that corporation.There are no Acts of Congress expressly incorporating either the “United States” or the “United States of America”.
In 1871 Congress did expressly incorporate the Districtof Columbia, but D.C. and the “United States” are not one and the same. In that Act of 1871, Congress alsoexpressly extended the U.S. Constitution into D.C.:http://www.supremelaw.org/cc/gilberts/intentm3.filed.htm…In United States v. Cooper Corporation, 312 U.S. 600 (1941),the Supreme Court wrote:http://caselaw.findlaw.com/us-supreme-court/312/600.html“We may say in passing that the argument that the United States may be treated as a corporation organized under its own laws, that is, under the Constitution as the fundamental law, seems so strained as not to merit serious consideration .”Some of the confusion rampant on this subject may have originated in the definition of “UNITED STATES OF AMERICA” in Bouvier’s Law Dictionary here:http://www.supremelaw.org/ref/dict/bldu1.htm#unionSee Paragraph 5 quoted here:”5. The United States of America are a corporation endowed with the capacity to sue and be sued, to convey and receive property. 1 Marsh. Dec. 177, 181.But it is proper to observe that no suit can be brought against the United States without authority of law.”Note that the plural verb “are” was used, providing further evidence that the “United States of America” are plural,as implied by the plural term “States”. Also, the author of that definition switches to “United States” in the second sentence. This only adds to the confusion, because the term “United States” has three (3) different legal meanings:http://www.supremelaw.org/decs/hooven/hooven.htm…However, the decision cited above is Justice Marshall issuing dictum,and it is NOT an Act of Congress. Here, again,be very wary of courts attempting to “legislate” in the absence of a proper Act of Congress. See 1 U.S.C. 101 for the statute defining the required enacting clause:http://www.law.cornell.edu/uscode/1/101.html And, pay attention to what was said in that definition here:”no suit can be brought against the United States without authority of law”. That statement is not only correct; it also provides another important clue:Congress has conferred legal standing on the “United States”to sue and be sued at 28 U.S.C. 1345 and 1346, respectively:http://www.law.cornell.edu/uscode/28/1345.htmlhttp://www.law.cornell.edu/uscode/28/1346.html Congress has NOT conferred comparable legal standing upon the “United States of America” to sue, or be sued,as s uch.Furthermore, under the Articles of Confederation, the term”United States of America” is the “stile” or phrase that was used to describe the Union formed legally by those Articles:Articles of Confederation and perpetual Union between the Statesof New Hampshire, Massachusetts bay, Rhode Island and ProvidencePlantations, Connecticut, New York, New Jersey, Pennsylvania,Delaware, Maryland, Virginia, North Carolina, South Carolina andGeorgia.Article I. The Stile of this 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 by this Confederation expressly delegatedto the United States, in Congress assembled.”[end excerpt]When they came together the first time to forma Union of several (plural) States, they decidedto call themselves the “United States of America”.Note also that those Articles clearly distinguished”United States of America” from “United States”in Congress assembled. The States formallydelegated certain powers to the federal government,which is clearly identified in those Articles as the”United States”.Therefore, the “United States of America” now refer tothe 50 States of the Union, and the term “United States”refers to the federal government.The term “United States” is the term that is used consistently nowthroughout Title 28 to refer to the federal government domiciledin D.C. There is only ONE PLACE in all of Title 28 where theterm “United States of America” is used, and there it is usedin correct contradistinction to “United States”:http://www.law.cornell.edu/uscode/28/1746.html Because Title 28 contains statutes which govern all federal courts,the consistent use of “United States” to refer to the federalgovernment carries enormous weight. Title 28 is the latest wordon this subject, as revised, codified and enacted into positive lawon June 25, 1948. Moreover, the Supremacy Clause elevatesTitle 28 to the status of supreme Law of the Land.To make matters worse and to propagate more confusion,the entity “UNITED STATES OF AMERICA”incorporated twice in the State of Delaware:http://www.supremelaw.org/cc/usa.inchttp://www.supremelaw.org/cc/usa.corp The main problem that arises from these questions is that United States Attorneys are now filing lawsuits andprosecuting criminal INDICTMENTS in the name of the”UNITED STATES OF AMERICA” [sic]but without any powers of attorney to do so. Compare28 U.S.C. 547 (which confers powers of attorney to represent the “United States” and its agencies in federal courts):http://www.law.cornell.edu/uscode/28/547.htmlThey are NOT “United States of America Attorneys”, OK?First of all, they do NOT have any powers of attorney to represent Delaware corporations in federal courts; Congress never appropriated funds for them to do soand Congress never conferred any powers of attorney on them to do so either.Secondly, the 50 States are already adequately represented by their respective State Attorneys General; therefore,U.S. Attorneys have no powers of attorney to represent any of the 50 States of the Union, or any of their agencies,either.They are “U.S. Attorneys” NOT “U.S.A. Attorneys”, OK?Accordingly, it is willful misrepresentation for any U.S. Attorney to attempt to appear in any State or federal court on behalf of the “UNITED STATES OF AMERICA” [sic]. And,such misrepresentation is actionable under the McDade Actat 28 U.S.C. 530B:http://www.law.cornell.edu/uscode/28/530B.htmlThere are quite a few “activists” running around the Internetclaiming that the “United States” and the “United States ofAmerica” are both corporations. These claims are not correct,for the reaso ns already stated above.A similar error occurs when these so-called “activists” citethe federal statute at 28 U.S.C. 3002 as their only “proof”that the “United States” was incorporated by Congress.Here’s the pertinent text of that statute:http://www.law.cornell.edu/uscode/28/3002.htmlAs used in this chapter:…(15) “United States” means –(A) a Federal corporation;(B) an agency, department, commission, board, orother entity of the United States; or(C) an instrumentality of the United States.[end excerpt]First of all, note well that the stated scope of this definitionis limited to “this chapter” i.e. CHAPTER 176 of Title 28 –Federal Debt Collection Procedures. Overlooking thelimited scope of such definitions is a very common erroramong many, if not all self-styled experts. At best, this sectioncannot be used as evidence that the federal governmentshould be treated as a valid corporation for all other intents and purposes. It takes a LOT more text than this one limiteddefinition to create any federal corporation! Compare the original Statutes at Large that created the Union Pacific Railroad Company, for example.Secondly, from the evidence above it should already be clear that the “United States” (federal government)is not now, and never has been, a federal corporation.The statute at 28 U.S.C. 3002 merely defines the term “United States” to embrace all existing federal corporations. Because the United States was not an existing corporation when Congress enacted section 3002, that statute did not create and could not have created the United States as a federal corporation in the first instance.Thirdly, in Eisner v. Macomber the U.S. Supreme Court told Congress that it was barred from re-defining any terms that are used in the federal Constitution.“United States” occurs in several places, because it is central to the entire purpose of that Constitution. Therefore,the legislative attempt to re-define “United States” at section 3002 is necessarily unconstitutional, because it violates the Eisner Prohibition.Fourthly, section 3002 also exhibits 2 subtle tautologies,which render it null and void for vagueness. Here they are,in case you missed them:“United States” means … an agency, department, commission,board, or other entity of the United States;or“United States” means … an instrumentality of the United States.It is a fundamental violation of proper English grammar to usethe term being defined in any definition of that term, and such aviolation has clearly happened here. If you don’t yet recognizethe tautologies, then change one part of this definition to read:The term “United States” here also embraces any instrumentalityof the federal government.At the very least, this minor change eliminates the tautology andremoves the vagueness. Nevertheless, such an attempt to re-definethe term “United States” still violates the Eisner Prohibition.For a newspaper-level Press Release which further explores someof the many legal ramifications of these widespread errors, pleasesee this Internet URL:http://www.supremelaw.org/press/rels/cracking.title.28.htmSincerely yours,/s/ Paul Andrew Mitchell, B.A., M.S.Private Attorney General, Criminal Investigator andFederal Witness: 18 U.S.C. 1510, 1512-13, 1964(a)http://www.supremelaw.org/…/private.attorney.general.htmhttp://www.supremelaw.org/index.htmhttp://www.supremelaw.org/support.policy.htmhttp://www.supremelaw.org/guidelines.htmAll Rights Reserved without Prejudice