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Your Exclusive Right to Declare Or Establish Your Civil Status YOUR EXCLUSIVE RIGHT TO DECLARE OR ESTABLISH YOUR CIVIL STATUS “In all domestic concerns each state of the Union is to be deemed an independent sovereignty. As such, it is its province and its duty to forbid interference by another state as well as by any foreign power with the status of its own citizens. Unless at least one of the spouses is a resident thereof in good faith, the courts of such sister state or of such foreign power cannot acquire jurisdiction to dissolve the marriage of those who have an established domicile in the state which resents such interference with matters which disturb its social serenity or affect the morals of its inhabitants.” [Roberts v. Roberts, 81 Cal.App.2d. 871, 879 (1947); https://scholar.google.com/scholar_case?case=13809397457737233441] Your Exclusive Right to Declare or Establish Your Civil Status 1 of 94 Copyright Sovereignty Education and Defense Ministry, http://sedm.org Form 13.008, Rev. 5-4-2014 EXHIBIT:________ DEDICATION ”But it was also contended in that court, and is insisted upon here, that the judgment in the State court against the plaintiff was void for want of personal service of process on him, or of his appearance in the action in which it was rendered, and that the premises in controversy could not be subjected to the payment of the demand 722*722 of a resident creditor except by a proceeding in rem; that is, by a direct proceeding against the property for that purpose. If these positions are sound, the ruling of the Circuit Court as to the invalidity of that judgment must be sustained, notwithstanding our dissent from the reasons upon which it was made. And that they are sound would seem to follow from two well-established principles of public law respecting the jurisdiction of an independent State over persons and property. The several States of the Union are not, it is true, in every respect independent, many of the rights and powers which originally belonged to them being now vested in the government created by the Constitution. But, except as restrained and limited by that instrument, they possess and exercise the authority of independent States, and the principles of public law to which we have referred are applicable to them. One of these principles is, that [1] every State possesses exclusive jurisdiction and sovereignty over persons and property within its territory. As a consequence, every State has the power to determine for itself the civil status and capacities of its inhabitants; to prescribe the subjects upon which they may contract, the forms and solemnities with which their contracts shall be executed, the rights and obligations arising from them, and the mode in which their validity shall be determined and their obligations enforced; and also to regulate the manner and conditions upon which property situated within such territory, both personal and real, may be acquired, enjoyed, and transferred. [2] The other principle of public law referred to follows from the one mentioned; that is, that no State can exercise direct jurisdiction and authority over persons or property without its territory.” [Pennoyer v. Neff, 95 U.S. 714 (1878); https://scholar.google.com/scholar_case?case=13333263776496540273] _________________________________________________________________________________ "Residence in fact, coupled with the purpose to make the place of residence one's home, are the essential elements of domicile. Mitchell v. United States, 21 Wall. 350; Pannill v. Roanoke Times Co., 252 F. 910; Beekman v. Beekman, 53 Fla. 858; 43 So. 923; Babcock v. Slater, 212 Mass. 434; 99 N.E. 173; Matter of Newcomb, 192 N.Y. 238; 84 N.E. 950; Beale, Conflict of Laws, § 15.2. We conclude, as the Special Master found, that Green ceased to have a place of residence in Texas after 1911. About 1914 he gave up his nominal place of abode in the room which he had rented in Terrell, Texas, and which in fact he had never occupied. After that he was never identified in fact with any place of residence in Texas, and there was 425*425 nothing in his life to connect him with a Texas home other than his frequent statements that his legal residence was in Texas. While one's statements may supply evidence of the intention requisite to establish domicile at a given place of residence, they cannot supply the fact of residence there; Matter of Newcomb, supra, 250; Matter of Trowbridge, 266 N.Y. 283, 292; 194 N.E. 756; and they are of slight weight when they conflict with the fact. Feehan v. Tax Comm'r, 237 Mass. 169, 171; 129 N.E. 292; Dorrance's Estate, 309 Pa. 151; 163 A. 303. This is the more so where, as here, decedent's declarations are shown to have been inspired by the desire to establish a nominal residence for tax purposes, different from his actual residence in fact. Thayer v. Boston, 124 Mass. 132; Feehan v. Tax Comm'r, supra; Matter of Trowbridge, supra; Beale, supra, § 41C. In such circumstances the actual fact as to the place of residence and decedent's real attitude and intention with respect to it as disclosed by his entire course of conduct are the controlling factors in ascertaining his domicile. Thayer v. Boston, supra. When one intends the facts to which the law attaches consequences, he must abide the consequences whether intended or not. National City Bank v. Hotchkiss, 231 U.S. 50, 56; Dickinson v. Brookline, 181 Mass. 195, 196; 63 N.E. 331." [State of Texas v. Florida, 307 U.S. 398 (1939); https://scholar.google.com/scholar_case?case=9265522746177498247 EDITORIAL: Civil status election imputed through domicile--a function of location (geography) and intent. Is your tax domicile the STATUTORY United States in its geographical sense (so defined) or your state in its geographical sense? The choice is yours.] Your Exclusive Right to Declare or Establish Your Civil Status 2 of 94 Copyright Sovereignty Education and Defense Ministry, http://sedm.org Form 13.008, Rev. 5-4-2014 EXHIBIT:________ TABLE OF CONTENTS DEDICATION ........................................................................................................................................ 2 TABLE OF CONTENTS ....................................................................................................................... 3 TABLE OF AUTHORITIES ................................................................................................................. 4 1 Introduction ................................................................................................................................... 16 2 Basis for your EXCLUSIVE right to declare and establish your civil status .......................... 21 3 What do we mean by “civil status”? ............................................................................................ 23 4 Main Method of States of the Union in Controlling and Regulating its Inhabitants are Attaching Obligations to Property or Civil Statuses ................................................................. 30 5 State’s FIRST and MOST IMPORTANT duty is to protect the civil “status” of its own inhabitants ..................................................................................................................................... 33 6 Four methods of acquiring a civil status ..................................................................................... 34 7 Effect of acting in a representative capacity upon the civil “status” of a party ...................... 36 8 Parties with no civil STATUS or therefore “standing” ............................................................. 38 9 Relationship of Status to First Amendment Right of Free Association ................................... 40 9.1 American Jurisprudence 2d ................................................................................................................................ 40 9.2 First Amendment Law in a Nutshell, West Group, pp. 266-267 ........................................................................ 42 10 Authorities on the Exclusive Right to Declare One’s Civil Status ............................................ 42 10.1 United Nations International Covenant on Civil and Political Rights ................................................................ 42 10.2 Corrigan v. Secretary of the Army, 211 F.2d. 293 (1954) .................................................................................. 45 10.3 People ex rel. Campbell v. Dewey, 23 Misc. 267, 50 N.Y.S. 1013, N.Y.Sup. 1898. ......................................... 48 10.4 U. S. v. Grimley, 137 U.S. 147, 11 S.Ct. 54, U.S. (1890) .................................................................................. 49 10.5 In re Meador, 1 Abb.U.S. 317, 16 F.Cas. 1294, D.C.Ga. (1869) ........................................................................ 50 10.6 United States v. Malinowski, 347 F.Supp. 352 (1992) ....................................................................................... 50 10.7 Roberts v. Roberts, 81 Cal.App.2d 871 (1947) ................................................................................................... 50 11 Civil status in relation to governments ........................................................................................ 51 11.1 Passports ............................................................................................................................................................. 51 11.2 Conditions under which a state-domiciled human can lawfully acquire a civil status under the FOREIGN laws of the national government ................................................................................................................................
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