By B. Michael Long
Fact is often stranger than fiction.
When diving into the complex and often convoluted relationship between the de facto Democratic corporate fiction known as the UNITED STATES and the de jure constitutional republic united states of America, this saying couldn’t be more accurate. This distinction is not merely theoretical or academic; it’s a crucial aspect of our legal and political system that impacts our human rights and civil liberties profoundly.
De facto refers to practices that exist in reality, even if not legally recognized. De jure, on the other hand, pertains to what is legally acknowledged, regardless of whether it is practiced. The UNITED STATES, often written in all caps, represents a corporate entity that operates as a de facto government. Conversely, the united states of America refers to the de jure constitutional republic established by the Founding Fathers.The two, interestingly, exist simultaneously, with one hidden from the view of most of the citizens of this country, while the other is main play being ran to keep the masses unaware of the true system intended to be carried out by “the people.”
To understand these distinctions, we must delve into key legal definitions and statutes. According to Black’s Law Dictionary (6th Edition), the term “United States” can refer to a) the name of our country, b) the federal government, and c) the geographical sense which includes the states and territories. This multiplicity of meanings alone often leads to widespread confusion.
The UNITED STATES, however, as a corporate entity is further elucidated in 28 U.S. Code § 3002. This section defines “United States” as “a Federal corporation,” underscoring the corporate fiction aspect. In contrast, the united states of America is rooted in the original Constitution and its amendments, embodying the principles of a republic where the government’s authority is derived from the people.
The ramifications and implications of the UNITED STATES being a corporation are profound and far-reaching, affecting every aspect of governance, citizenship and individual rights. As a corporate entity, the UNITED STATES operates under commercial codes (UCC) and corporate law, prioritizing profit and corporate interests. This fundamentally shifts the relationship between the government and the governed, transforming citizens into corporate entities or “persons” subject to corporate rules rather than constitutional rights. It impacts taxation, legal proceedings and the nature of our legal obligations. The focus on corporate governance can undermine the protections and freedoms guaranteed under the original Constitution, raising questions about the legitimacy and authority of the federal government as it functions today. This corporate structure can lead to increased governmental control and surveillance, reduced transparency, and diminished accountability to the people, highlighting the urgent need to reexamine and potentially reclaim the principles of the de jure constitutional republic.
Given this dynamic, it becomes clear that the distinction between a democracy and a republic is crucial in understanding the nature of these entities for our protection as “the people”. In a democracy, the majority rules directly with impunity and without recourse. However, in a republic, the rule of law prevails, protecting the rights of minorities against the tyranny of the majority. As James Madison wrote in Federalist No. 10, “Democracies have ever been spectacles of turbulence and contention… Republics… provide a cure for the mischiefs of faction.”
To further grasp what has become in this country, we must go back to the moment of transformation from the de jure constitutional republic to the de facto corporate fiction; this can be traced through historical events and legislative changes. The Act of 1871 is a significant milestone. This act created a separate corporate government for the District of Columbia, effectively laying the groundwork for the UNITED STATES as a corporate entity to exist. Critics argue that this act marked the shift from a republic to a corporate democracy, fundamentally altering the relationship between the government and the governed.
One of the most concerning aspects of this shift has been the erosion of civil liberties through democratic processes. The Patriot Act, enacted in the wake of the September 11 attacks, is a prime example. This act, which many argue is unconstitutional, significantly expanded government surveillance powers, often at the expense of individual privacy and freedoms. The act’s broad and vague definitions have led to numerous legal loopholes, allowing the government to bypass traditional checks and balances, effectively eroding the rights of the people guaranteed by the constitution.
Looking forward, Project 2025 represents yet another potential exploitation of democratic principles to enforce tyranny. This initiative, if realized, could further erode the foundational liberties that are supposed to be protected under the Constitution. By leveraging the democratic processes, proponents of such projects can push through measures that may further strip away rights in the name of security or efficiency, undermining the very essence of a republic.
Several authors and legal scholars have highlighted the implications of this transformation. In “The Law That Never Was,” Bill Benson and M.J. “Red” Beckman examine the ratification of the 16th Amendment, arguing that the federal income tax system is rooted in the corporate fiction of the UNITED STATES rather than the constitutional republic. Additionally, in “None Dare Call It Conspiracy,” Gary Allen and Larry Abraham discuss the influence of corporate interests in shaping government policies, further blurring the lines between the de jure republic and the de facto corporate entity.
Understanding the distinction between the UNITED STATES and the united states of America has profound implications for citizenship, governance, and individual rights. Those who recognize the de facto nature of the current system often seek to reclaim their status as citizens of the de jure republic, asserting their rights under the original Constitution.
The journey from the de jure constitutional republic united states of America to the de facto corporate fiction UNITED STATES is a tale of legal intricacies, historical developments, and shifting paradigms of governance. By dissecting legal definitions, examining United States codes, and drawing on scholarly insights, we are able to uncover a narrative that challenges conventional understanding and invites deeper reflection on the true nature of our nation’s governance.
As Benjamin Franklin wisely noted, “Those who would give up essential Liberty, to purchase a little temporary Safety, deserve neither Liberty nor Safety.” This quote encapsulates the danger of allowing democratic processes to erode the safeguards of a republic, leaving us vulnerable to tyranny.
For further reading, the website usavsus.info offers extensive resources and documentation on this topic, providing a comprehensive overview of the distinctions and their implications.
Fact indeed is often stranger than fiction, and in the case of the UNITED STATES versus the united states of America, this strangeness reveals the complex layers of our current political, legal and constitutional landscape.
