
By Johnny Liberty
Most U.S. citizens believe that applying for and getting a Social Security Number (SSN) is mandatory. Thus, they routinely applied for them. In the beginning, an SSN was not assigned at birth, but applied for before being hired for your first job as a teenager. Recently, SSNs are assigned either through“enumeration-at-birth” programs at the hospitals. Hospitals get paid for each newborn franchisee or “U.S. citizen” of the corporate “State”.
In fact getting a Social Security Number (SSN) is voluntary for American Nationals and/or sovereign “state” Citizens, unless they intend on receiving a federal or state government benefit, or pay income taxes. There exists no legal requirement to have a SSN. However, government officials and corporations make it very difficult to function in society without one.
There is a standing debate as to whether Social Security is another form of income tax, or whether or not it is an insurance and retirement program. This author asserts Social Security is a type of income tax with no mandatory gratuity. There is no individual social security trust account with funds waiting for you when you need it; however, the government accounts for your contributions as if it were so.
Social Security as a Tax Program
In my opinion, Social Security is not an insurance or retirement program. They have no obligation to pay you one dime of the social security tax it collects. When Social Security inevitably goes bankrupt, or the funds are designated elsewhere, there will no longer be an account with your name on it.
Applying and receiving a SSN qualifies the applicant for federal and state benefit programs, although there is no guarantee you will ever receive any. Despite court decisions, there is no particular clause in the U.S. Constitution sufficient to sustain the power to compel every “Citizen of the United States” to participate in a “compulsory” retirement or government benefits plan. The same legal principle should also be applied to Obamacare and any compulsory program to receive health insurance as well.
“There is no Social Security law requiring that one have a number,
but the IRS Tax Code,
Section 6109 subsection A, stipulates that taxpayers shall utilize their Social Security numbers when filing tax returns. Therefore, if one pays taxes,
one must have a Social Security number.”
~ Lloyd Bentson, U.S. Senator from Texas
When the U.S. Congress adopted the Social Security Act of 1938, the U.S. Supreme Court, held in Railroad Retirement Board, that the U.S. Congress had no authority to establish a retirement scheme through its most formidable power.
The U.S. Congress had imposed excise taxes upon employers and the U.S. Supreme Court found nothing constitutionally objectionable to the Act. But neither did they address the issue of whether there was a requirement to receive Social Security.
Courts have ruled that there is no obligation to have a Social Security Number (SSN) unless:
- You are obligated to pay taxes.
- You receive public assistance.
- You obtain and use a driver’s license, operate or register a motor vehicle.
SSN = TRUST I.D. #
Social Security as a Trust Account
The de jure (lawful)governor of Colorado state, Eric Madsen, theorized that nowhere in the Social Security Act of 1938 does the SSN attach to a natural-born individual. Instead, Madsen asserted, that the SSN is an account number for a trust established in the trustee’s birth NAME in ALL CAPITAL LETTERS (Birth Registration is distinct from the Certificate of Live Birth). Social Security may very well be a constructive trust with the U.S. Congress as the Creators/Grantors.
TRUST NAME = JOHNNY LIBERTY
TRUSTEE = Johnny Liberty
Therefore, IRS Form 1041 may be the appropriate tax form for “U.S. citizens” who volunteer as federal taxpayers, not the IRS Form 1040 as we have been told. This is a very interesting theory.
This theory is curiously similar to Roger Elvick’s popular “strawman” theory and the Redemption Movement which replaced your birth name in upper and lower case letters with ALL CAPITAL LETTERS. This created a “strawman” (legal fiction) as a commercial “person” pursuant to “commercial law” and the Uniform Commercial Code (UCC).
NATURAL MAN = Johnny Liberty
STRAWMAN = JOHNNY LIBERTY
How to Apply for a USA Passport Without an SSN?
A Social Security Number (SSN) is not mandatory for applying for or receiving a passport for the united states of America. A USA passport is still a valid function of the national government. I highly recommend all American Nationals and/or sovereign “state” Citizens apply for a USA passport preferably without a SSN, if that is still possible.
Notice on the first page of the application, the instructions distinctly say that, “U.S. passports are issued only to U.S. citizens or Nationals”.
Additionally, when you receive a USA Passport, inside the front cover it reads, “The Secretary of State of the United States of America hereby requests all whom it may concern to permit the citizen/national of the United States named herein to pass without delay or hindrance and in case of need to give all lawful aid and protection.”
Sovereign Citizens Have No SSN
In our well-researched opinion, an American National OR sovereign “state” Citizen does not require a Social Security Number (SSN), because they are not “persons” required to file, report or pay a federal income tax. Sovereign Citizens are not eligible to receive government benefit programs either.
If you are a Sovereign Citizen, having a SSN and receiving benefits is a legal disability. If you or your parents did not get a SSN when you were a child, or you have properly rescinded the SSN or challenged the signature on the one issued, then you can reclaim your Sovereign Citizen status by Verified Affidavit and Constructive Legal Notice.
In any circumstance where a SSN is requested, substitute 999-99-9999, or any other 999 prefix in lieu of a SSN, EIN or TIN. Otherwise leave it blank on the form.
SSN is Voluntary
Regulations stated on the SS-5 application for a SSN simply say that you can obtain an SSN if you need or request it. There is no legal compulsion by law to apply or receive a SSN. Neither can a state require something which is voluntary under federal law mandatory under state law.
Furthermore, should any right be denied when you decline to provide your SSN, you may file an action in the federal court under the Privacy Act of 1974 with penalties paid by the individual, business, or government agency who wronged you.
Be certain to have a witness present when you assert these remedies. “It shall be unlawful for any federal, State or local government agency “[including businesses within the federal United States] to deny to any individual any right, benefit, or privilege provided by law because of that individual’s refusal to disclose his-her Social Security Account Number.”
Prior to the Social Security Act of 1938, each state government had its own social welfare system and paid various benefits. The Social Security Administration was federalized in 1939 with national standards of benefit compensation. The SSN (or TIN) was incorporated into the Internal Re-Venue Service (IRS) as an ID number for income tax purposes as well as for receiving social security.
SSN as National ID Card
Since the introduction of the SSN, there have been many attempts to make the SSN a mandatory federal/national ID card. Unfortunately, the illegal practice of using the SSN as a personal identifier has broadened over time well beyond the original intent or scope of the law.
The most recent attempts have been mandatory Supplemental Nutrition Assistance Program (SNAP) ID cards for welfare recipients, food stamps and for legal immigrants.
SSN is an Adhesion Contract
Applying for and receiving a SSN is an unrevealed commercial agreement and adhesion contract that:
- Assigns your Power of Attorney to the federal U.S. government to act on your behalf.
- Impairs your inherent sovereign “state” Citizenship through involuntary naturalization as a 14th (or 15th) Amendment, U.S. citizen of the District of Columbia (D.C.).
- Creates a juristic “person” in your NAME in ALL CAPITAL LETTERS subject to the laws and jurisdiction of the federal U.S. government corporation.
According to the Social Security Administration’s internal regulations, which are extremely difficult to find, you may terminate your agreement to participate in the Social Security benefit program.
As a parent, you can object to an SSN being issued in the hospital through the Enumeration at Birth Program, or have it rescinded if the SSN was issued under threat, duress and coercion (TDC) by Verified Affidavit and Constructive Legal Notice.
Some have theorized that you can apply for a refund of any social security paid after you have become fully vested in the program for ten years or 40 quarters, but this author has yet to see evidence of this. Do not hold your breath waiting for a rebate.
Never expect honest disclosure from the Social Security Administration when you rescind or revoke your SSN by Verified Affidavit and Constructive Legal Notice. Do not expect government bureaucrats to make it easy.
If you do engage them, be polite, respectful and courteous so as to not be perceived as a threat or a “domestic terrorist”, which is often the case when exercising your 4th Amendment due process rights since 911.
When asked, the Social Security Administration bureaucrats will insist that you cannot terminate your SSN, or get a rebate if asked. But as a sovereign “state” Citizen, you do not ask their permission to rescind, revoke or withdraw from the system. Be prepared though to surrender government benefits, to be financially self-sufficient and independent.
References:
- Cornell Law | 26 CFR 301.6109-1(d)(1) (getting a SSN is voluntary).
- Lowell H. Becraft, Jr., Attorney at Law; 42 USC, Sections 301-433; Public Agencies Opposed to Social Security Entrapment (POSSE) v. Heckler, 613 F. Supp. 558 (E.D. Cal., 1985), rev., 477 U.S. 41, 106 S.Ct. 2390 (1986); Social Security: Partners In Crime by Richard Neff Hubbard, Perceptions Magazine, May/June 1995, p.21.
- Wikipedia | Lloyd Bentson; Quote sourced from a letter from Senator Lloyd Bentson (D-TX) (December 16, 1981); IRC §6109(a); famous Taco Bell (no longer requires a SSN for employment) or other success stories including Smith Food Drug, Ford Motor Company in southern California, a bank and hospital in Washington.
- Findlaw | Railroad Retirement Board (1935).
- Team Law | From audio series by Eric Madsen.
- Wikipedia | Redemption Movement and Strawman; Wikipedia | Sovereign Citizen Movement. The “strawman” is legal fiction created in your birth name in all capital letters. It is not “you”, but a legal fiction created to replace you.
- USA Passport Application DS-11
- Sourced from USA Passport inside front cover.
- An essay by Lowell H. Becraft, Jr., Attorney at Law; Findlaw | Railroad Retirement Board (1935); IRC §3401.c; Social Security Administration has not issued any 999 prefix SSN’s.
- Social Security Numbers are Voluntary www.ssa.gov/pubs/EN-05-10023.pdf
- National I.D. and REAL ID Card www.epic.org/privacy/id_cards; Social Security Mini-Pak by John Quade.
- 20 CFR §404.1905 (termination of agreement and/or participation in Social Security) www.gpo.gov/fdsys/pkg/CFR-2004-title20-vol2/pdf/CFR-2004-title20-vol2-sec404-1905.pdf; Wikipedia | Paperwork Reduction Act of 1980 (Pub. L. No. 96-511, 94 Stat. 2812, codified at 44 U.S.C. § 3501-3521 and www.gpo.gov/fdsys/granule/STATUTE-94/STATUTE-94-Pg2812/content-detail.html
Source: Sovereign’s Handbook by Johnny Liberty (30th Anniversary Edition), Volume 2 of 3, p.71 – 75
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