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  #11  
Old 08-24-2007, 10:29 PM
twarren twarren is offline
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copyrights

Article 6 of the Constitution: The Supremacy Clause: “This Constitution, and the Laws of the United States which shall be made in Pursuance thereof;...shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or laws of any State to the Contrary notwithstanding." 1

The United States Supreme Court has stated:

"...We are of the opinion that there is a clear distinction in this particular between an individual and a corporation, and that the latter has no right to refuse to submit its books and papers for examination on the suit of the State. The individual may stand upon his Constitutional Rights as a Citizen. He is entitled to carry on his private business in his own way. His power to contract is unlimited. He owes no duty to the State or to his neighbors to divulge his business, or to open his doors to investigation, so far as it may tend to incriminate him.

"He owes no such duty to the State, since he receives nothing there from, beyond the protection of his life, liberty, and property. His Rights are such as the law of the land long antecedent to the organization of the state, and can only be taken from him by due process of law, and in accordance with the Constitution. Among his Rights are the refusal to incriminate himself, and the immunity of himself and his property from arrest or seizure except under warrant of law. He owes nothing to the public so long as he does not trespass upon their rights.

"Upon the other hand, the corporation is a creature of the state. It is presumed to be incorporated for the benefit of the public. It receives certain special privileges and franchises, and holds them subject to the laws of the state and the limitations of its charter. Its rights to act as a corporation are only preserved to it so long as it obeys the laws of its creation. There is a reserved right in the legislature to investigate its contracts and find out whether it has exceeded its powers. It would be a strange anomaly to hold that the State, having chartered a corporation to make use of certain franchises, could not in exercise of its sovereignty inquire how those franchises had been employed, and whether they had been abused, and demand the production of corporate books and papers for that purpose." [emphasis added] Hale vs. Hinkel, 201 US 43, 74-75

Corporations engaged in mercantile equity fall under the purview of the State's admiralty jurisdiction, and the public at large must be protected from their activities, as they (the corporations) are engaged in business for profit.
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  #12  
Old 08-24-2007, 10:38 PM
twarren twarren is offline
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copyrights

Since 1921 the American people have been registering the births and names of their children with the government of the state in which they are born, even though there is no federal law requiring it. The state claims an interest in every child within it's jurisdiction, telling the parents that registering their child's birth through the birth certificate serves as proof that he/she was born within territories of the united States, thereby making him/her a United States citizen.

In 1923, a suit was brought against federal officials charged with the administration of the act. (Commonwealth of Massachusetts v. Mellon, Secretary of the Treasury, et al.; Frothingham v. Mellon, Secretary of the Treasury et.al..). (4) The plaintiff, Mrs. Frothingham, averred that the act was unconstitutional, and that it's purpose was to induce the States to yield sovereign rights reserved by them and not granted the federal government, under the Constitution, and that the burden of the appropriations falls unequally upon the several States. The complaint stated the naked contention that Congress has usurped reserved powers of the States by the mere enactment of the statute, though nothing has been, or is to be, done under it without their consent. Mr. Alexander Lincoln, Assistant Attorney General, argued for the Commonwealth of Massachusetts. To wit:

"The act is unconstitutional. It purports to vest in agencies of the Federal Government powers which are almost wholly undefined, in matters relating to maternity and infancy, and to authorize appropriations of federal funds for the purposes of the act.

In 1933, bankruptcy was covertly declared by President Roosevelt. The governors of the then 48 States pledged the "full faith and credit" of their states, including the citizenry, as collateral for loans of credit from the Federal Reserve system. The "Full faith and credit" clause of the U.S. Constitution, Article 4. Sec. 1, requires that foreign judgment be given such faith and credit as it had by law or usage of state of it's origin. That foreign statutes are to have force and effect to which they are entitled in home state. And that a judgment or record shall have the same faith, credit, conclusive effect, and obligatory force in other states as it has by law or usage in the state from whence taken. Black's Law Dictionary, 4th Ed. cites omitted.

Today the federal government "mandates, orders and compels" the states to enforce federal jurisdiction upon it's citizens/subjects. This author believes the federal government draws it's de facto jurisdiction for these actions from the "Doctrine of Parens Patriae." Parens Patriae means literally, "parent of the country." It refers traditionally to the role of STATE as sovereign and guardian of persons under legal disability. Parens Patriae originates from the English common law where the King had a royal prerogative to act as guardian to persons with legal disabilities such as infants.
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  #13  
Old 08-26-2007, 10:29 AM
Shoonra Shoonra is offline
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This is absurd. Birth certificates were required by states well before 1921, usually around the 1880s or 1890s and in some places even earlier.

The 1921 federal act, The Maternity Act, created for five years duration a Maternity Health Bureau in the Dept of Labor (this was before the Dept of Health, Education & Welfare was created) that would concern itself with infant and maternal mortality. States were supposed to supply statistics. not birth certificates, to this Bureau to enable an analysis of the topic.

The case of Massachusetts v. Mellon (1923) 262 US 447, combined the suits of the state of Massachusetts and the individual Frothingham, both challenging the appropriation of money for this new bureau, not the wisdom or constitutionality of a federal bureau to study infant & maternal death, on the pretext that it would eventually cause taxes to be raised. The Supreme Court rejected both challenges on the ground that, without a violation of the Constitution or of the rights of the plaintiffs, there was no "case or controversy" and the US Supreme Court did not overturn Acts of Congress merely because they might cost money.

As for copyright, it has been well-established in court that one cannot copyright his own name, and attempts to claim a copyright on one's name to frustrate the administration of the laws have consistently failed and have sometimes been penalized.

At the very least, if a copyright were alleged in anything, a court would insist on seeing the Copyright Registration issued by the Copyright Office in the Library of Congress. A copyright can only be had if asserted at the very first publication of something, and cannot be attached to something already made public, etc.
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