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DOJ & USA Re: Ability of the DOJ's defending USA

 

 

The “government” did not bring this suit.  The U.S. Department of Justice has no powers of attorney legally to represent any one of the 50 States of the Union, nor all of them collectively.  28 U.S.C. 547.  The 50 States of the Union are already quite adequately represented legally by their respective State Attorneys General.  28U.S.C. 530B.
Moreover, in Eisner v. Macomber, 252 U.S. 189 (1920), the Supreme Court prohibited Congress from re-defining any terms used in the Constitution for the United States of America (“U.S. Constitution”).  At 28 U.S.C. 1746, both “United States” and “United States of America” occur in correct contradistinction to each other (inside one is outside the others).  28 U.S.C. 1746 is the only statute in all of Title 28 where the term “United States of America” occurs as such.
The UNITED STATES OF AMERICA [sic] did incorporate twice as such in the State of Delaware, but certified evidence now before this Court shows that both foreign corporations have been revoked by the Delaware Secretary of State.  Neither foreign corporation was ever registered with the New Mexico Secretary of State either!  (See “Certificate”!)
Even if one or the other were not revoked, DOJ would still not haveany powers of attorney legally to represent a foreign Delaware corporation.  Congress never appropriated funds for DOJ to do so.


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.

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On Tuesday, October 29, 2013 8:04 AM, john <johnski9999@gmail.com> wrote:
Mr. Mitchell,
I have a copy of your report of 11/26/01 concerning the ability of the D.O.J. defending USA . Have you done any follow-up on this process in the last 12 years? Is this information still relative? Are there any Supreme Court cases involving this subject?
I would appreciate a timely reply.
Thank you,
John Pawelski
P.O. Box 75341
Colorado Springs, Colorado [80970]

 

October 29, 2013 | Permalink