On “Persons” in the NC General Statutes

 

It is of utmost importance to understand the context of “person”.  In most cases, it has a very limited scope and does not mean “one of the people”.  As you will see below, “person” is a legislator’s Swiss Army knife; it can perform a different function depending on the need.  “Person” is as generic as can be.

You can be a person; so can a corporation, a business, a corpse— whatever the definitions specify in the relevant statute.

            Black’s Law Dictionary says this:

“Juridical person. Entity, as a firm, that is not a single natural person, as a human being, authorized by law with duties and rights, recognized as a legal authority having a distinct identity, a legal personality. Also known as artificial person, juridical entity, juristic person, or legal person. Also refer to body corporate.”

The following is merely a random finding of “person” being described by what it may or may not be.  One thing it may be is corporate.

§ 47B-2.  Marketable record title to estate in real property; 30-year unbroken chain of title of record; effect of marketable title.

 (c)        Subject to the matters stated in G.S. 47B-3, such marketable record title shall be free and clear of all rights, estates, interests, claims or charges whatsoever, the existence of which depends upon any act, title transaction, event or omission that occurred prior to such 30-year period. All such rights, estates, interests, claims or charges, however denominated, whether such rights, estates, interests, claims or charges are or appear to be held or asserted by a person sui juris or under a disability, whether such person is natural or corporate, or is private or governmental, are hereby declared to be null and void.

 

So you can be a natural or corporate person.  You can be Sui Juris* or in disability.  You can be private or governmental. These statements should be clear to the average reader.

* Sui Juris. Of his own right; possessing full social and civil rights; not under any legal disability, or the power of another, or guardianship. Having capacity to manage one’s own affairs; not under legal disability to act for one’s self.

What is required to be a legal person or legal entity?  For one, if you hail from a county in North Carolina, you are part of a collective body referred to as a body politic and corporate:

_______________________________________________________

§ 153A-11.  Corporate powers.

The inhabitants of each county are a body politic and corporate under the name specified in the act creating the county. Under that name they are vested with all the property and rights of property belonging to the corporation; have perpetual succession; may sue and be sued; may contract and be contracted with; may acquire and hold any property and rights of property, real and personal, that may be devised, sold,…

 

Simply claiming that county as your home is enough to create a presumption that you are or desire to be a part of the local government.  A county is admittedly a corporation.  Members, officers or constituents of a corporation are all subordinate to that governing body and cannot have more powers or rights than the corporation.  This is a definition of constituent by synonym/example:

 

“Constituent. (Part), noun balloter, component, component part, division, element, elementum, factor, feature, fraction, fragment, included, ingredient, installment, integral part, integrant, integrant part, one of, pars, part, part and parcel, particle, piece, section, sector, segment, subdivision.”

 

Simply put, a part of the whole.  The following section of law should be an eye-opener at this point.  In this entry, we see what status our elected officials truly hold.

 

“Chapter 138A: State Government Ethics Act.

§ 138A-2.  Purpose.

The purpose of this Chapter is to ensure that elected and appointed State agency officials exercise their authority honestly and fairly, free from impropriety, threats, favoritism, and undue influence. To this end, it is the intent of the General Assembly in this Chapter to ensure that standards of ethical conduct and standards regarding conflicts of interest are clearly established for elected and appointed State agency officials, that the State continually educates these officials on matters of ethical conduct and conflicts of interest, that potential and actual conflicts of interests are identified and resolved, and that violations of standards of ethical conduct and conflicts of interest are investigated and properly addressed. (2006-201, s. 1.)

§ 138A-3.  Definitions.

The following definitions apply in this Chapter:

 (27)      Person. – Any individual, firm, partnership, committee, association, corporation, business, or any other organization or group of persons acting together. The term “person” does not include the State, a political subdivision of the State, a board, or any other entity or organization created by the State or a political subdivision of the State.”

           

These people, the elected and appointed State agency officials to whom the Ethics Act applies, are not a part of the body politic and corporate, as they are not a subdivision of the state or county (a county is a subdivision of a state). Perhaps it is clear to any reader now that we are being ruled by those to whom different rules apply.  You probably already knew that;  you may not have known that there was a legal basis for this behavior on their part.  Essentially, we have volunteered into a lesser status, subordinate to the governing body. We serve it, rather than the government serving us.  We have blindly taken on the role of citizens, and left the status of “People” behind.

However, it could therefore be argued that those in charge have not left their full body of rights behind.  Are they the only “We the People” left?

Right about now, we should be thinking of asking the NC legislators why they have set themselves apart with different rules applying to them.

Again, if you are an inhabitant of the county, you are a component part of the county, not above it and directing its actions. Does that mean you have to move? No.  Simply do not claim to be an inhabitant or write the county in any fields on any forms. That’s a start.

Now, think about your house and car- they are both registered with that county, that corporate subdivision of the state.  Were you under a disability to deal with the responsibilities of ownership? I believe that is what is presumed when you register something.

 

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Are you a North Carolina taxpayer? Today’s juicy bit…

Do you fit the definition of “taxpayer” within the law used to tax your pay?

You tell me:

“Chapter 105 – Taxation.

Article 4.

Income Tax.

Part 1.  Corporation Income Tax.

§ 105-130.  Short title.

This Part of the income tax Article shall be known and may be cited as the Corporation Income Tax Act. (1939, c. 158, s. 300; 1967, c. 1110, s. 3; 1998-98, ss. 42, 61, 68.)

§ 105-130.1.  Purpose.

The general purpose of this Part is to impose a tax for the use of the State government upon the net income of every domestic corporation and of every foreign corporation doing business in this State.

The tax imposed upon the net income of corporations in this Part is in addition to all other taxes imposed under this Subchapter. (1939, c. 158, s. 301; 1967, c. 1110, s. 3; 1998-98, s. 69.)

§ 105-130.2.  Definitions.

The following definitions apply in this Part:

(3)        Corporation. – A joint-stock company or association, an insurance company, a domestic corporation, a foreign corporation, or a limited liability company.

(9)        Gross income. – Defined in section 61 of the Code.

(12)      Parent. – A corporation is a parent of another corporation when, directly or indirectly, it controls the other corporation by stock ownership, interlocking directors, or by any other means whatsoever exercised by the same or associated financial interests, whether the control is direct or through one or more subsidiary, affiliated, or controlled corporations.

(18)      Taxpayer. – A corporation subject to the tax imposed by this Part.

§ 105-134.2.  Individual income tax imposed.

(a)        A tax is imposed upon the North Carolina taxable income of every individual. The tax shall be levied, collected, and paid annually and shall be computed at the following percentages of the taxpayer‘s North Carolina taxable income.”

§ 105-160.1.  Definitions.

The definitions provided in Part 2 of this Article shall apply in this Part except where the context clearly indicates a different meaning. “

And thus, it is left up to the reader to decide whether “taxpayer” in the “individual income tax imposed” section, clearly means something other than a corporation. Keep in mind, “Taxpayer. – A corporation subject to the tax imposed by this Part” is the definition for the whole Chapter 105 on Taxation.

The North Carolina General Assembly, businessmen all, have implemented rules to take your money.  If you let the presumption stand, and do not read the law, they can treat you (John Henry Doe) as a corporation, because you look and act like one.

I look forward to discussing this.

Are Corporations People?

I just became aware of this book “Corporations Are Not People: Why They Have More Rights Than You Do and What You Can Do About It” credited to Bill Clements.

Corporations are not people, and there is no law that says they are, anywhere in the books.

Mitt Romney has said they are in a famous video clip, but his word is not law (thank the gods!).

Laws define the term “person”, and a corporation can be a U.S. Person or a U.S. Citizen.

The implication of this is clear: when you affirm that you are a “U.S. Person” or a “U.S. Citizen”, you are volunteering into the lowered status of a fictional entity that exists solely on paper, and your rights are equal to or less than that of a corporation.

This book addresses the question of whether corporations are people; to wrap one’s head around the issue, we first must be clear that “people” and “persons” are not the same thing. “People” is NOT the plural of “persons”, no matter what you and I learned in public school.

Read for yourself– Title 26 of the U.S. Code (The Internal Revenue Code) never defines the word “People”. Nor does Title 8 (Immigration and Nationality).

Black’s Law 5th Edition says:

“Person. In general usage, a human being (i.e. natural person), though by statute term may include a firm, labor organizations, partnerships, associations, cor­porations, legal representatives, trustees, trustees in bankruptcy, or receivers. National Labor Relations Act, § 2(1).

(This bit is tricky… by statute it doesn’t include natural person or human being– Ed.)

Bankruptcy Act.    “Person” includes individual, part­ nership, and corporation, but not governmental unit. Sec. 101(30).
Corporation. A corporation is a “person” within meaning of equal protection and due process provi­sions of United States Constitution.    Allen v. Pavach, Ind., 335 N.E.2d 219, 221; Borreca v. Fasi, D.C.Ha­ waii, 369 F.Supp. 906, 91 1. The term “persons” in statute relating to conspiracy to commit offense against United States, or to defraud United States, or any agency, includes corporation. Alamo Fence Co. of    Houston    v.    U.    S.,    C.A.Tex.,    240    F.2d    179,    1 8 1 .
Foreign government. Foreign governments other­ wise eligible to sue in U.S. courts are “persons” entitled to bring treble-damage suit for alleged anti­ trust violations under Clayton Act, Section 4.    Pfizer, Inc. v. Government of India, C.A.Minn., 550 F.2d 396.
Illegitimate child.    Illegitimate children are “persons” within meaning of the Equal Protection Clause of the Fourteenth Amendment, Levy v. Louisiana, 391 U.S. 68, 88 S.Ct. 1509, 1511, 20 L.Ed.2d 436; and scope of wrongful death statute, Jordan v. Delta Drilling Co., Wyo., 541 P.2d 39, 48.
Interested person.    Includes heirs, devisees, children, spouses, creditors, beneficiaries and any others hav­ ing a property right in or claim against a trust estate or the estate of a decedent, ward or protected person which may be affected by the proceeding. It also includes persons having priority for appointment as personal representative, and other fiduciaries repre­senting interested persons.    The meaning as it relates to particular persons may vary from time to time and must be determined according to the particular pur­ poses of, and matter involved in, any proceeding. Uniform Probate Code, § 1-201(20).
Municipalities.    Municipalities and other government units are “persons” within meaning of 42 U.S.C.A. § 1983. Local government officials sued in their official capacities are “persons” for purposes of Sec­ tion 1983 in those cases in which a local govern­ment would be suable in its own name.    Monell v. N. Y. City Department of Social Services, 436 U.S. 658, 98 S.Ct. 2018, 56 L.Ed.2d 611. See Color of law.
Protected person.    One for whom a conservator has been appointed or other protective order has been made.    Uniform Probate Code, § 5-101(3).
1029
PERSONAUTER
Resident alien. A resident alien is a ‘person” within the meaning of the due process and equal protection clauses of the Fourteenth Amendment. C. D. R. Enterprises, Ltd. v. Board of Ed. of City of New York, D.C.N.Y., 412 F.Supp. 1164, 1168.
Unborn child. Word “person” as used in the Four­teenth Amendment does not include the unborn.    Roe v. Wade, 410 U.S. 113, 93 S.Ct. 705, 729, 35 L.Ed.2d 147.    A fetus is not a “person” and is not entitled to protection under the equal protection clause.    Mur­row v. Clifford, C.A.N.J., 502 F.2d 1066, 1068.
A viable unborn child, which would have been born alive but for the negligence of defendant, is a “per­son” within meaning of Wrongful Death Statute. Simmons v. Howard University, D.C.D.C., 323 F.Supp. 529.    Unborn child is a “person” for purpose of remedies given for personal injuries, and child may sue    after    his    birth.    Weaks    v.    Mounter,    88    Nev.    1 1 8, 493 P.2d 1307, 1309.”

(Emphasis mine.)

The term “Person” is completely malleable, and its meaning depends entirely upon context (forum) and the definition relevant to the reading.

Black’s on “People”:

“People. A state; as the people of the state of New York.    A nation in its collective and political capaci­ty. The aggregate or mass of the individuals who constitute the state.    Loi Hoa v. Nagle, C.C.A.Cal., 13 F.2d    80,    8 1 .    In    a    more    restricted    sense,    and    a s generally used in constitutional law, the entire body of those citizens of a state or nation who are invested with political power for political purposes.    See also Citizen; Person.”

So, the people ARE the state. The see also part may be there as contradistinction (indication what people are not), or because the terms are often used interchangeably, albeit incorrectly. A citizen is a subject of the state, rather than its consituent.

This is not a review, but pointing out a common, detrimental misunderstanding. Let’s get the argument right rather than waste our time. This books looks worthwhile overall; it has a blurb by the Ben & Jerry guys and a foreword by Bill Moyers.

http://www.amazon.com/Corporations-Are-Not-People-Rights/dp/1609941055