Requirement for Consent

Cooke v. United States, 91 U.S. 389, 398 (1875) ( explaining that when the United States "comes down from its position of sovereignty, and enters the domain of commerce, it submits itself to the same laws that govern

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individuals there ").

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See Jones, 1 Cl.Ct. at 85 (" Wherever the public and private acts of the government seem to commingle, a citizen or corporate body must by supposition be substituted in its place, and then the question be determined whether the action will lie against the supposed defendant " ); O'Neill v. United States, 231 Ct.Cl. 823, 826 (1982) (sovereign acts doctrine applies where, "[w]ere [the] contracts exclusively between private parties, the party hurt by such governing action could not claim compensation from the other party for the governing action"). The dissent ignores these statements (including the statement from Jones, from which case Horowitz drew its reasoning literally verbatim), when it says, post at 931, that the sovereign acts cases do not emphasize the need to treat the government-as-contractor the same as

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a private party.

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[United States v. Winstar Corp. 518 U.S. 839 (1996)]

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Below are some interesting facts about domicile that we have discovered through our extensive research on this subject: 15

1. Domicile is based on where you currently live or have lived in the past. You can’t choose a domicile in a place that 16 you have never physically been to. 17 2. Domicile is a voluntary choice that only you can make. It acts as the equivalent of a “protection contract” between you 18 and the government. All such contracts require your voluntary “consent”, which the above definition calls “intent”. 19 That “intent” expresses itself as “allegiance” to the people and the laws of the place where you maintain a domicile. 20

" Thus, the Court has frequently held that domicile or residence, more substantial than mere presence in transit or sojourn, is an adequate basis for taxation, including income, property, and death taxes . Since the Fourteenth Amendment makes one a citizen of the state wherein he resides, the fact of residence creates universally reciprocal duties of protection by the state and of allegiance and support by the citizen. The latter obviously includes a duty to pay taxes, and their nature and measure is largely a political matter. Of course, the situs of property may tax it regardless of the citizenship, domicile, or residence of the owner, the most

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obvious illustration being a tax on realty laid by the state in which the realty is located."

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[Miller Brothers Co. v. Maryland, 347 U.S. 340 (1954)]

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3. Domicile cannot be established without a coincidence of living or having lived in a place and voluntarily consenting to 29 live there “permanently”. 30 4. Domicile is a protected First Amendment choice of political association. Since the government may not lawfully 31 interfere with your right of association, they cannot lawfully select a domicile for you or interfere with your choice of 32 domicile. 33 5. Domicile is what is called the “seat” of your property. It is the “state” and the “government” you voluntarily nominate 34 to protect your property and your rights. In effect, it is the “weapon” you voluntarily choose that will best protect your 35 property and rights, not unlike the weapons that early cavemen crafted and voluntarily used to protect themselves and 36 their property. 37 6. Domicile is not just where you PHYSICALLY LIVE, but where you WANT TO LIVE and where you CONSENT TO 38 LIVE AND BE CIVILLY PROTECTED. No one can dictate what you consent to and therefore no one can lawfully 39 choose your domicile and therefore the place where you are a STATUTORY “taxpayer” EXCEPT you. See: 40 Why Domicile and Becoming a “Taxpayer” Require Your Consent , Form #05.002 http://sedm.org/Forms/FormIndex.htm 7. In America, there are TWO separate and distinct jurisdictions one may have a domicile within, and only one of the two 41 is subject to federal income taxation: 42 7.1. Federal territory. Called the “United States” in federal statutes. 43 7.2. States of the Union. Legislatively foreign states not subject to federal jurisdiction. 44

“It is clear that Congress, as a legislative body, exercise two species of legislative power: the one, limited as to its objects, but extending all over the Union: the other, an absolute, exclusive legislative power over the District of Columbia. The preliminary inquiry in the case now before the Court, is, by virtue of which of these

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authorities was the law in question passed?”

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[ Cohens v. Virginia , 19 U.S. 264, 6 Wheat. 265, 5 L.Ed. 257 (1821)]

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8. Whether one is “foreign” or “alien” from a legislative perspective is determined by their civil DOMICILE, and NOT 50 their NATIONALITY. One can be a national of the country United States*** by being born in a state of the Union, 51 and yet be the following relative to the jurisdiction of the national government if domiciled outside of federal territory: 52

Requirement for Consent

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Copyright Sovereignty Education and Defense Ministry, http://sedm.org Form 05.003, Rev. 7-23-2013

EXHIBIT:________