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« Freedom Watch | Main | Weekly News Headlines: Monday - October 27, 2008 »

The "United States" is NOT a corporation: U.S. v. Cooper Corporation, 312 U.S. 600 (1941)

OBJECTION:

http://www.supremelaw.org/letters/us-v-usa.htm

http://laws.findlaw.com/us/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 ."

[end excerpt]

The "United States" and the "United States of America"
are not one and the same:
the latter is the proper legal name for the Federal government,
domiciled in D.C.;
the former is the proper legal name for the 50 States of the Union.

See 28 U.S.C. 1345, 1346 and 1746 for partial proof:

http://www4.law.cornell.edu/uscode/28/1345.html
http://www4.law.cornell.edu/uscode/28/1346.html
http://www4.law.cornell.edu/uscode/28/1746.html
http://www.supremelaw.org/sls/31answers.htm#Q16


Yes, the "UNITED STATES OF AMERICA" [sic] incorporated twice
in Delaware;  but, after we attempted to serve both Delaware
corporations with legal pleadings, care of their Registered Agent
for Service of Process, that registered agent replied that
both corporate charters had been revoked by the Delaware
Secretary of State.

http://www.supremelaw.org/cc/usa.inc/
http://www.supremelaw.org/cc/usa.corp/


We have trace this persistent mythology to a false dictum issued
by Chief Justice John Marshall:

http://www.supremelaw.org/cc/williamson2/appeal/reply.to.brief.for.appellee.htm

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such in the State of Delaware, but certified evidence now before this Court shows that both foreign corporations have been revoked by the Delaware Secretary of State.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 have any 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 Americaas 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 in Bouvier’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.

[end excerpt]

See also CERTIFICATES OF NON-REGISTRATION etc. here:

http://www.supremelaw.org/sos/

QED.



Sincerely yours,
/s/ Paul Andrew Mitchell, B.A., M.S.
Private Attorney General, 18 U.S.C. 1964(a)
http://www.supremelaw.org/decs/agency/private.attorney.general.htm
Criminal Investigator and Federal Witness: 18 U.S.C. 1510, 1512-13
http://www.supremelaw.org/reading.list.htm
http://www.supremelaw.org/index.htm (Home Page)
http://www.supremelaw.org/support.policy.htm (Support Policy)
http://www.supremelaw.org/guidelines.htm (Client Guidelines)
http://www.supremelaw.org/support.guidelines.htm (Policy + Guidelines)

All Rights Reserved without Prejudice


Text of your attachments now follows, for the record:


Copy of original in pdf format available by request!  671 kb


This will once and for all end the confusion about what is the UNITED STATES OF AMERICA, INC. used by the de facto administration for suing the people.  It looks like it is nothing, a lie, possibly an unincorporated religious organization.   L  -o-

State of Delaware
SECRETARY OF STATE
DIVISION OF CORPORATIONS
P.O. 80X 898
DOVER, DELAWARE 19903
TX 76005-9999

 AMOUNT
UNITED STATES OF AMERICA, INC. 2193946  410-0 Plain Copy Plain Copy Fee    FILING TOTAL 12.00 12.00
UNITED STATES OF AMERICA, INC. 2193946  4100A Plain Copy AR Plain Copy Fee 10.00 FILING TOTAL 10.00
UNITED STATES OF AMERICA, INC. 2193946  4100A Plain Copy AR Plain Copy Fee 10.00 FILING TOTAL 10.00
UNITED STATES OF AMERICA, INC. 2193946  4100A Plain Copy AR Plain Copy Fee 10.00 FILING TOTAL 10.00
UNITED STATES OF AMERICA, INC.2193946  8320 certificate of Filing Certification Fee 30.00 FILING TOTAL 30.00
TOTAL CHARGES 72.00     TOTAL PAYMENTS 72.00      SERVICE REQUEST BALANCE .00
 
Delaware  PAGE 1
The First State
I, HARRIET SMITH WINDSOR, SECRETARY OF STATE OF THE STATE OF DELAWARE DO HEREBY CERTIFY THAT THE CERTIFICATE OF INCORPORATION OF "UNITED STATES OF AMERICA, INC.", WAS RECEIVED AND FILED IN THIS OFFICE THE NINETEENTH DAY OF APRIL, A.D. 1989.


AND I DO HEREBY FURTHER CERTIFY THAT THE AFORESAID
CORPORATION IS NO LONGER IN EXISTENCE AND GOOD STANDING UNDER THE LAWS OF THE STATE OF DELAWARE HAVING BECOME INOPERATIVE AND VOID THE FIRST DAY OF MARCH, A.D. 1994 FOR NON—PAYMENT OF TAXES.


AND I DO HEREBY FURTHER CERTIFY THAT THE AFORESAID
CORPORATION WAS SO PROCLAIMED IN ACCORDANCE WITH THE PROVISIONS OF GENERAL CORPORATION LAW OF THE STATE OF DELAWARE ON THE TWENTY—FIFTH DAY OF MAY, A. D. 1994, THE SAME HAVING BEEN REPORTED TO THE GOVERNOR AS HAVING NEGLECTED OR REFUSED TO PAY THEIR ANNUAL TAXES.
 
Harriet Smith Windsor, Secretary of State AUTHENTICATION : 6447306
DATE: 03-13-08
 
Non-stock
AV,
769109037 
FILED 4-19-89
APR 19 1989
Non-profit

 CERTIFICATE OF INCORPORATION
of
UNITED STATES OF AMERICA, INC. 

FIRST: The name of this corporation is  United States of America,Inc . 


SECOND: Its registered office in the State of Delaware is to be located at 725 North Market Street in the City of Wilmington. County of New Castle. The registered agent in charge thereof is The Company Corporation at the same address.

THIRD: The nature of the business and the objects and purposes proposed to be transacted, promoted and carried on, are to do any and all the things herein mentioned, as fully and to the same extent as natural persons might or could do, and in any part of the world, vis:
This is a non-stock, non-profit corporation. The purpose of the corporation is to engage in any lawful act or activity for which non-profit corporations may be organized under the General Corporation Law of Delaware.

Said corporation is organized exclusively for charitable, religious, education, and scientific purposes, including, for such purposes, the making of distributions to organizations that qualify as exempt organizations under Section 501(c)(3) of the Internal Revenue Code of 1954 (or the corresponding provision of any future United States Internal Revenue Law), to wit

To promote and foster the development of amateur tournaments and competitions; to support athletes in training and development; education and research of amateur sports, both national and international.

FOURTH: The corporation shall not have any capital stock and the conditions of membership shall be stated in the Bylaws.

FIFTH: The name and mailing address of the incorporator is:
Carol Saienni 725 Market Street Wilmington DE 19801

SIXTH: The powers of the incorporator are to terminate upon filing of the Certificate of Incorporation, and the names) and mailing address(es) of the persons who are to serve as director(s) until their successors are elected are as follows:
Elwood Dees, 5598 College Street, Kings Island, OH 45034-0362

SEVENTH: The activities and affairs of the corporation shall be managed by a Board of Directors. The number of directors which shall constitute the whole Board shall be such as from time to time shall be fixed by, or in the manner provided in, the Bylaws, but in no case shall the number be less than one. The directors need not be members of the corporation unless so required by the Bylaws or by Statute. The Board of Directors shall be elected by the members at the annual meeting of the corporation to be held on such date as the Bylaws may provide, and shall hold office until their successors are respectively elected and qualified. The Bylaws shall specify the number of directors stecessary to constitute a quorum. The Board of Directors may, by resolution or resolutions passed by a majority of the whole Board, designate one or more committees which, to the extent provided in said resolution or resolutions or in the Bylaws of the corporation, shall have and may exercise all the powers of the Board of Directors in the management of the activities and affairs of the corporation. They may further have power to authorize the seal of the corporation to be affixed to all papers which may require it; and such committee or committees shall have such name or names as may be stated in the Bylaws of the corporation or as may be determined from time to time by resolution adopted by the Board of Directors. The directors of the corporation may, if the Bylaws so provide, be classified as to term of office. The corporation may elect such officers as the Bylaws may specify, subject to the provisions of the Statute, who shall have titles and exercise such duties as the Bylaws may provide. The Board of Directors is expressly authorized to make, alter, or repeal the Bylaws of this corporation. This corporation may in its Bylaws confer powers upon its Board of Directors in addition to the foregoing, and in addition to the powers and authorities expressly conferred upon them by the Statute. This is true, provided that the Board of Directors shall not exercise any power of authority conferred herein or by Statute upon the members.

EIGHTH: Meetings of members may be held without the State of Delaware, if the Bylaws so provide. The books of the corporation may be kept (subject to any provisions contained in the Statutes) outside the State of Delaware at such place or places as may be from time to time designated by the Board of Directors.

NINTH: No part of the net earnings of the corporation shall inure to the benefit of, or be distributable to, its members, directors, officers or other private persons, except that the corporation shall be authorized and empowered to pay reasonable compensation for services rendered and to make payments and distributions in furtherance of the purposes set forth in Article Three hereof. No substantial part of the activities of the corporation shall consist of the carrying on of propaganda, or otherwise attempting to intervene in (including the publishing or distribution of statements) any of these articles, the corporation shall not carry on any other activities not permitted to be carried on (a) by a corporation exempt from Federal Income Tax under Section 501(c)(3) of the Internal Revenue Code of 1954 (or the corresponding provision of any future United States Internal Revenue Law) or (b) by a corporation, contributions to which are deductible under Section 170(cX2) of the Internal Revenue Code of 1954 (or the corresponding provision of any future United States Internal Revenue Law).

TENTH: Upon the dissolution of the corporation, the Board of Directors shall, after paying or making provisions for the payment of all of the liabilities of the corporation, dispose of all of the assets of the corporation exclusively for the purpose of the corporation in such manner, or to such organization or organizations and operated exclusively for charitable, educational, religious, or scientific purposes as shall at the time qualify as an exempt organization under Section 501(c)(3) of the Internal Revenue Code of 1954 (or the corresponding provision of any future United States Law) as the Board of Directors shall determine. Any such assets not so disposed of shall be disposed of by the Court of Common Pleas of the county in which the principal office of the corporation is then located, exclusively for such purposes or to such organization or organizations, as said Court shall determine, which are organized and operated exclusively for such designated purposes.

ELEVENTH: The corporation reserves the right to amend, alter, change or repeal any provision contained in this Certificate of Incorporation, in the manner now or hereafter prescribed by the Statute, and all rights conferred upon members herein are granted subject to their reservation.

TWELFTH: Directors of the corporation shall not be liable to either the corporation or its membersfor monetary damages for a bitach of fiduciary duties unless the breach involves: (1) a director's duty of loyalty to the corporation or its members; (2) acts or omissions not in good faith or which involve intentional misconduct or a knowing violation of law; (3) a transaction from which the director derived an improper personal benefit.

I. THE UNDERSIGNED, being each of the incorporators hereinbefore named, for the purpose of forming a non-profit corporation pursuant to Chapter 1 of Tide 8 of the Delaware Code, do make this certificate, hereby declaring and certifying that the facts herein stated are true, and accordingly have hereunto set my hand this 19th  day of  April  A.D. 19 8 9

  Signed and Sealed
Signature of incorporator

--- On Sun, 10/26/08, Dennis Ammerman <> wrote:

From: Dennis Ammerman <>
Subject: Re: Legacy Treasury Direct: New Account Request, Form PD F 5182 E
To: paulandrewmitchell2004@yahoo.com
Date: Sunday, October 26, 2008, 10:45 AM

FYI: The UNITED STATES is a corporation.

I've known this for years. You believe otherwise, so this should give you the proof to change your mind.

Don't bother to reply - if you do or don't believe it - my mind is clearly made up.

D

 

dennis-dean: of the family ammerman
Remember . . . everything begins with a thought!

THANK YOU FOR DELETING MY EMAIL ADDRESS BEFORE FORWARDING ANY EMAIL FROM ME!

LEGAL CONFIDENTIALITY NOTICE : This document along with any attachment(s) is intended only for the living soul(s) or entity(s) recipient named above. If you are not the intended recipient, as specified by the sender, you are hereby notified that any disclosure, copying, distribution or the taking of any action in relation to the contents of the information contained herein, is strictly prohibited, and commanded to destroy this document in its entirety, and notify the sender.Access to this document by any other person or entity is unauthorized."All rights are reserved, Without Prejudice

___

Related:

http://tekgnosis.typepad.com/tekgnosis/2010/12/formal-notice-re-united-states-is-not-a-corporation-contrary-to-widespread-false-statements.html

October 26, 2008 in Current Affairs | Permalink

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