DOJ & USA Re: Ability of the DOJ's defending USA
Finally, Congress has never incorporated either the “United States” or the “United States of America” as such. See U.S. v. Cooper Corporation, 312 U.S. 600 (1941). It appears that Chief Justice John Marshall was responsible for fabricating the myth that “The United States of America” are a corporation. See Dixon v. The United States, 1 Marsh. Dec. 177, 181 (1811). However, without citing any actual legislative authority for that proposition, Marshall’s statement is merely dictum that was later cited inBouvier’s Law Dictionary (1856), at the definitions of “Union” and “United States of America”. In any event, Dixon has been overruled by Cooper supra because Dixon was decided by a Circuit Court in a case on which C.J. Marshall presided.
/s/ Paul Andrew Mitchell, B.A., M.S.
Private Attorney General, 18 U.S.C. 1964(a)
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October 29, 2013 | Permalink