Edward X. xxxxx
PO Box xxx
Hayfork, CA 9601
US / County / District / State / Court Jury Duty / Qualification
March 12, 2012
Ms. Laurie Wills
Court Executive Officer/Jury Commissioner
Superior Court of California
County of Trinity
Courthouse – Court Street
PO Box 1258
Weaverville, CA 96093 – 1258
RE: Complaint Filed 02/21/2012
STATEMENT OF FACTS AND REASONS CONTINUED
Dear Ms. Wills:
With reference to your letter dated February 29, 2012, in response to my complaint captioned above, on page 2, paragraph 1 you state the following:
“197 (b) [“the Department of Motor Vehicles’ list of licensed
drivers and identification cardholders” is an appropriate source
list).] DMV information indicates that you are, in fact, a United States
citizen, domiciled in Trinity County, California.”
Continuing on page 2, paragraph 2 –
“You responses assert that you are not a citizen of the United
States, do not reside in California, and are not a resident of Trinity
As for page 2, paragraph 2 cited above, my original complaint page 3, paragraph 2 more accurately states the following:
“With reference to the California Code of Civil Procedure Chapter 1. Section (a) (1), (3), (4) and (b) I told Judge Woodward that – “With respect to my being a person eligible and qualified to be a perspective trial juror I rebut the presumption that I am a citizen of the United States, that I am a domiciliary of the State of California and/or that I am a resident of the jurisdiction.
Regarding your reference cited with respect to “the Department of Motor Vehicles”, the fact remains that all State constitutions are subordinate to the Constitution of the United States and “all people are by nature free and independent and have inalienable rights,” except when those people are on the property of another especially if the property belongs to the government.
– Page 2 –
Qualifications for “citizens of the United States” are set out in the 14th Amendment. Only persons born or naturalized in the United States and subject to the jurisdiction thereof” are citizens of the United States. The United States is, therefore, a place and the question becomes were you born or naturalized there.
The Constitution of September 17, 1787 requires Representatives to be “seven Years a Citizen of the United States” and Senators must be “nine Years a Citizen of the United States.” Both a Representative and a Senator must be “an Inhabitant of that State in which he shall be chosen.”
Article VII of the Constitution of September 17, 1787 provides “for the Establishment of this Constitution between the States so ratifying the Same,” upon the ratification of nine States, which occurs on June 21, 1788. On that date, the States of Delaware, Pennsylvania, New Jersey, Georgia, Connecticut, Massachusetts, Maryland, South Carolina, and New Hampshire become Article I Section 2 Clause 3 “the several States which may be included within this Union.” Article I Section 2 Clause 3 sets out the number of Representatives each State shall have in the Congress of the United States until “The actual Enumeration shall be made.”
On April 30, 1789, President of the United States of America, George Washington takes this oath of Office of President of the United States: “I, George Washington, do solemnly swear that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States.” “So help me God.”
Upon these facts, we can conclude the Representatives and Senators chosen after June 21, 1788 were Citizens of the United States of America though the Senators were not Citizens for nine years when elected. It can also be concluded that several States that constituted this Union, the United States, were constituted of territory owned by the United States of America and subject to its exclusive jurisdiction.
Citizenship is created by governments and written law, which according to the Declaration of Independence of July 4, 1776, are instituted among men to secure unalienable rights. Citizenship is a duty in service to freedom and not a pledge to sustain government.
The law of freedom in 49 of the 50 States of the United States of America is the English common law. A juror, who must be a citizen of the United States, is not free to judge or determine the law of the case. The citizen of the United States juror is bound to accept the law as it is given by the government judge.
All 50 States of the United States of America are bound to the Articles of Confederation of November 15, 1777 and Article IV which guarantees a free inhabitant the same privileges and immunities of a citizen. This means that I am not obligated to claim United States citizenship and I may cease to be even if I were subject to its territorial jurisdiction.
Edward J. Guenette
Click HERE to view the list of foundational information created by Lawyer Paul John Hansen to aid in independence from the US System.