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Difference between 'individual' and 'corporation'

Published July 13. 2013 09:03AM

Do You Know the Meanings of the Words: "Individual" and "Corporation"?

When dealing with attorneys and judges, we all need to be very sure that we understand the meaning of the words that they use. Often those in government understand and use the current legal definition, rather than the ordinary or common definition of words that we are taught and understand. It is very important to know the legal definitions when reading and understanding the meaning of laws, rules, regulations, codes and/or court decisions, and to whom they apply.

For example, the following is what the Supreme Court of the United States stated in 1905 about the difference between an "individual" and a "corporation" in its opinion in the case of Hale vs. Hinkle, 201 US 43, on pages 74 and 75:

…. "we are of the opinion that there is a clear distinction in this particular between an individual and a corporation, and that the latter has no right to refuse to submit its books and papers for an examination at the suit of the State. The individual may stand upon his constitutional rights as a citizen. He is entitled to carry on his private business in his own way. His power to contract is unlimited. He owes no duty to the State or to his neighbors to divulge his business, or to open his doors to an investigation, so far as it may tend to incriminate him. He owes no such duty to the State, since he receives nothing therefrom, beyond the protection of his life and property. His rights are such as existed by law of the land long antecedent to the organization of the State, and can only be taken from him by due process of law, and in accordance with the Constitution. Among his rights are a refusal to incriminate himself, and the immunity of himself and his property from arrest or seizure except under a warrant of the law. He owes nothing to the public so long as he does not trespass upon their rights.

Upon the other hand, the corporation is a creation of the State. It is presumed to be incorporated for the benefit of the public. It receives certain special privileges and franchises, and holds them subject to the laws of the State and the limitations of its charter. Its powers are limited by law. It can make no contract not authorized by its charter. Its rights to act as a corporation are only preserved to it so long as it obeys the laws of its creation.

There is a reserved right in the legislature to investigate its contracts and find out whether it has exceeded its powers. It would be a strange anomaly to hold that a State, having chartered a corporation to make use of certain franchise, could not in the exercise of its sovereignty inquire how these franchises had been employed, and whether they had been abused, and demand the production of the corporate books and papers for that purpose. The defense amounts to this: That an officer of a corporation, which is charged with a criminal violation of the statute, may plead the criminality of such corporation as a refusal to produce its books. To state this proposition is to answer it. While an individual may lawfully refuse to answer incriminating questions unless protected by an immunity statute, it does not follow that a corporation, vested with special privileges and franchises, may refuse to show its hand when charged with an abuse of such privileges." … [Hale vs. Hinkle, 201 US 43, 74 - 75 (1905)]

(This case opinion, though challenged many times, has not been overturned.)

If an individual person claims his or her rights, as a natural person, a creation of God, and a sovereign Citizen of Pennsylvania and a Citizen of the United States of America, the courts, as a matter of law, are required to recognize that their rights are protected, secured and guaranteed by the Constitution of Pennsylvania and, when in a lawful federal jurisdiction, by the Constitution for the United States of America.

(Note the use of a capital "C", rather than that of a lower case "c" in the word "Citizen.)

Though those in government today do not believe it, the people are the sovereigns in each State of the Union and in the United States of America. A "sovereign" is by definition: a) the supreme power, b) free from external control and c) the controlling influence. The fact that the people in America are the sovereigns is confirmed, at a minimum, by the Declaration of Independence, the Constitution of Pennsylvania, other historical documents, and by many United States Supreme Court decisions. For example, consider the following:

"We hold these Truths to be self-evident, that all Men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty, and the Pursuit of Happiness. That to secure these Rights, Governments are instituted among Men, deriving their just Powers from the Consent of the Governed." [Declaration of Independence]

"All power is inherent in the people, and all free governments are founded on their authority and instituted for their peace, safety and happiness. For the advancement of these ends they have at all time an inalienable and indefeasible right to alter, reform or abolish their government in such manner as they may think proper."

[Article I, Section 2 of the Constitution of Pennsylvania]

"In the United States, sovereignty resides in the people, who act through the organs established by the Constitution. Chisholm v. Georgia, 2 Dall. 419, 471; Penhallow v. Doane's Administrators, 3 Dall, 54, 93; McCulloch v. Maryland, 4 Weat. 316, 404,405; Yick Wo v. Hopkins, 118 U.S. 356, 370. The Congress as the instrumentality of sovereignty is endowed with certain powers to be exerted on behalf of the people in the manner and with the effect the Constitution ordains. The Congress cannot invoke the sovereign power of the people to override their will as thus declared." [PERRY v. UNITED STATES, 294 US 331, 353, (1934)]

Also unique in America, most of the People hold dual Citizenship, first State Citizenship and, if the State is in the Union, Citizenship of the United States of America. Those who make their home in Washington D.C. or in a U.S. territory are only a Citizen of the United States of America. As Founding Father James Madison stated in Federalist [Paper] # 51:

"In the compound republic of America, the power surrendered by the people is first divided between two distinct governments, and then the portion allotted to each subdivided among distinct and separate departments. Hence a double security arises to the rights of the people. The different governments will control each other, at the same time that each will be controlled by itself."

Unfortunately, a citizen of the UNITED STATES is apparently considered by the courts today to be a corporation or some other fictitious entity. Failure to clearly claim all of your rights in writing will more than likely be interpreted by the courts to mean that you are an artificial person and thus do not have any constitutionally protected rights.

"FREEDOM CAN EXIST ONLY IN THE SOCIETY OF KNOWLEDGE" (Benjamin Rush - signer of the Declaration of Independence from Pennsylvania)

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