In prior lessons you learned that you were an alien, and you learned that you are not a citizen. Perhaps you would want to know why.
A 14th Amendment citizen is someone who receives federal benefits Sufficient to owe direct and immediate allegiance to the federal government, according to Elk v. Wilkins (covered in prior lessons). So what rights does a 14th Amendment federal citizen have?
Even before the Constitution existed, those who were supported at public expense, called paupers, and could not have the rights of Citizens, they had the same rights as a fugitive.
And 14th Amendment citizens (supported at federal public expense after the Civil War) did not have the right to complain about the restrictions on their rights — because they voluntarily submitted themselves to such a form of government. The 14th Amendment exists only under Martial Law Rule.
And 14th Amendment citizens (applicants for or recipients of federal welfare funds, according to the Social Security Act section 205c2Bi) lose their religious liberty.
And we learn that the civil laws reduce an ungrateful freedmen to their condition of slavery.
A right cannot be taxed. We learn that 14th Amendment citizens have waived their rights to wages, thereby making their wages taxable.
So what rights do they have? This question will be answered below. But first let’s examine DIFFERENT rights, that appear to be the same.
The U.S. Supreme Court in 1878 case of Davidson v. New Orleans stated that your Constitution is not redundant. THESE TWO PHRASES MEAN DIFFERENT THINGS. (See my highlights to the Constitution here)
• The 14th Amendment section 1, “… nor shall any State deprive any person of life, liberty, or property, without due process of law… ”
• The 5th Amendment “… nor be deprived of life, liberty, or property, without due process of law…”
The 14th Amendment due process, and the 5th Amendment due process, ARE DIFFERENT THINGS. And so are liberty and property. The 14th Amendment citizens only get whatever Congress say the get. And the citizen cannot complain about what he gets, “because he has voluntarily submitted himself to such a form of government.”
The 14th Amendment forces the States, against their will, to grant due process of law to the freed slaves who ask for federal benefits of the Freedmans Bureau. Then, later, to all who apply for benefits funded with federal funds. (including Social Security Numbers, welfare benefits, statute regulated employment, etc.)
The Martial Law Amendments force states to comply — because judges in every state shall be bound thereby, pursuant to Article 6, second paragraph. Recommended reading on the topic of the 14th Amendment: 1968 Utah Supreme Court decision in Dyett v. Turner, 439 P.2d 266 has a critical examination of the problems of the 14th Amendment. The Utah Supreme Court justices said “We feel like galley slaves chained to our oars by a power from which we cannot free ourselves, but like slaves of old we think we must cry out when we can see the boat heading into the maelstrom directly ahead of us;”
In Powe v. U.S. 109 F.2d 147, 149 (1940) the court determined what the term `citizen’ means in federal statutes. Notice that the term `citizen’, when used in federal laws, excludes State citizens:
“… a construction is to be avoided, if possible, that would render the law unconstitutional, or raise grave doubts thereabout. In view of these rules it is held that `citizen’ means `citizen of the United States,’ and not a person generally, nor citizen of a State …”
U.S. Supreme Court in U.S. v. Cruikshank, 92 U.S. 542:
“The same person may be at the same time a citizen of the United States and a citizen of a State, but his rights of citizenship under one of these governments will be different from those he has under the other.”
In 1887 the Supreme Court in Baldwin v. Franks 7 S.Ct. 656, 662; 120 U.S. 678, 690 found that:
“In the constitution and laws of the United States the word `citizen’ is generally, if not always, used in a political sense… It is so used in section 1 of article 14 of the amendments of the constitution…”
The U.S. Supreme Court in Logan v. US, 552 U.S. 23:
“In Baldwin v. Franks … it was decided that the word `citizen’ …. was used in its political sense, and not as synonymous with `resident’, `inhabitant’, or `person’ …”
U.S. v. Anthony, 24 Fed 829 (1873) “The classification citizen of the United States is distinguished from a Citizen of one of the several states, in that the former is a special class of citizen created by Congress”
So what rights does a 14th Amendment citizen have?
14th Amendment citizenship is a citizenship created by Congress. (they are NOT the same class of Citizens who inherited a government created by “We The People”). The congress, under Martial Law that still exists today, gave their paupers the six protections listed in the Klu Klux Klan act of 1871.
Congress decides what rights you have and what rights you don’t have. The Supreme Court and state courts (actually they are legislative tribunals) must enforce them.
People who forfeit all their unalienable rights, are now protected only by their six federal rights. And judges in every state are bound thereby (Article 6, second paragraph).
Unalienable rights are not government-granted rights. Three years after the 14th Amendment, congress passed the Klu Klux Klan Act of 1871 to protect the six rights granted to 14th Amendment citizens of the federal government. These six rights are the “equal protection of the laws” and “due process of law” that are listed in the 14th Amendment, they are NOT the 5th Amendment “… nor be deprived of life, liberty, or property, without due process of law…”. (Even though the 5th Amendment doesn’t apply to state Citizens).
Your six rights are not the thousands of unalienable rights that you once had before you voluntarily submitted yourself to such a form of government.