A ‘Private’ man or woman is defined as ‘An individual who is not the incumbent of an office’. Black Law 4th ed. pg. 1359. The term “Private” (opposed to “public” or “general”) (Latin for “Privatus”)
means, “Affecting or belonging to private individuals, as distinct from the public generally. Not official; not clothed with office”. People v. Powell, 280 Mich. 699, 274 N.W. 372, 373, 111 A.L. R. 721.
This may not be entirely about one’s ‘status’ but more about one being in either the public or private ‘venue’.
The term “citizen” connotes a government granted, lienable privilege (not a right) of a common membership and is a reference to political rights. By consenting to be a “citizen” establishes the presumptive
theory of a reciprocal obligation as one who agrees to and only entitled to whatever the sovereign grants thus is bound to obey all the laws of a particular government and society. Minor v. Happersett, 88 U.S. 162 (1874); U.S. v. Cruikshank, 92 U.S. 542 (1876); DeShaney v. Winnebago, 489 U.S. 189 (1989).
However, Nationality and citizenship are not synonymous terms. Miller v. Albright, 523 U.S. 420 (1998). Nationality is a natural, endowed birth right (place of birth is predetermined by God) vs. statutory citizenship as a
government granted privilege, by consent, by way of a membership into a specific form of political society. “Citizenship is a political status maybe defined and privilege limited by Congress”. Ex parte Fung Sing, 6 F.2d 670 (1925). Does not sound like a natural right to me but more like a civil right.
The U.S. Supreme Court declared ‘citizenship is a membership into political society’. Luria v. U.S. 231 U.S. 9 (1913); U.S. v. Polzin, 48 F.Supp. 476 (1942)) that requires one’s
consent.
An “individual” means a ‘citizen of the United States’ or an alien lawfully admitted for permanent residence” pursuant to A.P.A, 5 U.S.C. 552a (a)(2).
The Term “Person” is defined as “is here not a physical or individual person, but the status or condition with which he is invested... not an individual or physical person, but the status, condition
or character borne by physical persons... The law of persons is the law of status or condition." American Law & Procedure, vol. 13, (1910).
See also: "the word `person' in legal terminology is perceived as a general word which normally includes in its scope a variety of entities other than human beings." Church
of Scientology v. U.S.D.O.J., 612 F2d 417,(1979);
Salmond Jurisprudence, § 113, ‘“Legal Persons” are arbitrary creations of the law’.
"Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government, governmental subdivision, agency, or instrumentality, public corporation, or any other
legal or commercial entity. See also: 26 USC 7701(a)(1), 26 USC 7343, 26 CFR 301.6671-1.
The term “person” as used in 28 U.S.C. §1915(a) refers only to ‘individuals’ and does not carry its Dictionary Act definition, which includes associations and artificial
entities.
In 1 U.S.C. 1 - Determining the meaning of any Act of Congress, unless otherwise indicated
- words importing the singular include and apply to several persons, parties, or things;
- the words “person” and “whoever” include corporations, companies, associations, firms, partnerships, societies, and joint stock companies, as well as
individuals”
- “officer” includes any person authorized by law to perform the duties of the office;
The word “Include” means “Mention of one thing implies exclusion of another”. See: “Expressio unius est exclusio alterius Rule” - A maxim of
statutory interpretation meaning that the expression of one thing is the exclusion of another. Black’s 6th Ed., p. 581];
The US Supreme Court shows numerous examples of this rule. Tennesee Valley Auth. v. Hill, 437 U.S. 153, 188 (1978); Passenger Corp. v. Passengers Assoc., 414 U.S.
453, 458 (1974); Bingler v. Johnson, 394 U.S. 741, 749 (1969); Evans v. Newton,
382 U.S. 296, 311 (1966); Nashville Milk Co. v. Carnation Co., 355
U.S. 373, 375 (1958); Colautti v. Franklin, 439 U.S. 379, 392 (1979).
