Page 65 - Fruits from a Poisonous Tree

Mel Stamper 49
NATIONALITY DE JURE

To grasp the true understanding of the United States of America’s
governmental system in the original premise, one must imagine that the
government of the federation (the “United States”) does not exist. In such
case, each state in the Union would be a separate country; accordingly, under
the rules of international law, a sovereign state is a nation, much as is the
European continent at present.
STATE: A people permanently occupying a fixed territory
bound together by common law habits and custom into one body
politic exercising, through the medium of an organized government,
independent sovereignty and control over all persons and things within
its boundaries, capable of making war and peace and of entering into
international relations with other communities of the globe. – Black’s
Law Dictionary, Sixth Edition
NATION: Nations or States are independent bodies politic; societies of
men united together for the purpose of promoting their mutual safety and
advantage by the joint efforts of their combined strength. – Bouvier’s Law
Dictionary, 1856 [i.e. state = nation]
The foregoing is the international definition of “state” and “nation.”
Now, adding the federal government back into the equation, the constitution
for the united States of America is nothing more than an international
agreement (or compact/charter) between the several republics of America and
their respective nations.
Accordingly, in the forming of the American federation, each state of the
Union gave up some of their inherent rights of statehood that they possessed
under the general rules of international law. However, one such right they
did not give up is the maintenance of their respective and individual nations.
This is further found exemplified in the protection provisions that are set
forth by the Ninth and Tenth Amendments in the Bill of Rights of the federal
constitution.
To further expand on these premises, a citizen member of any particular
nation carries the quality of that nationality.
NATIONALITY: The state of a person in relation to the nation in
which he was born. A man retains his nationality of origin during his
minority, but, as in the case of his domicile of origin, he may change
his nationality upon attaining full age; he cannot, however, renounce
his allegiance without permission of the government. – Bouvier’s Law
Dictionary, 1856