Public Versus Private - 10/22/23
There has been a tremendous amount of confusion regarding these two terms, what they mean, and their consequences. It’s taken me a LONG time to understand. Let’s start with the definitions:
Public Law:
In another sense, a law or statute that applies to the people generally of the nation or state adopting or enacting it, is denominated a public law, as contradistinguished from a private law, affecting only an individual or a small number of persons. Morgan v. Cree, 46 Vt. 773, 14 Am.Rep. 640. -Black’s Law 4th Edition
Private Law:
As used in contradistinction to public law, the term means all that part of the law which is administered between citizen and citizen, or which is concerned with the definition, regulation, and enforcement of rights in cases where both the person in whom the right inheres and the person upon whom the obligation is incident are private individuals. -Black’s Law 4th Edition
Private person:
An individual who is not the incumbent of an office. -Black’s Law 4th Edition
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So you can see that there is a lot here, and almost none of it is what anyone thinks it is.
“Public” has to do with the interaction of someone who is operating in the capacity of the ens legis/public corporation (ALL CAPS NAME), as an officer or employee of the government, and also is involved in a commercial activity within the territorial boundaries of the District of Columbia.
This is an important distinction to make because I have seen so many people make the mistake of thinking that anything that is “mainstream” is in the public and the private is some kind of secret, uncommunicated thing. There is nothing that could be farther from the truth.
So many people say “you don’t ever mix public and private” - but the thing is that is physically impossible. You are either operating in the field of commerce as an employee or officer of a governmental position, or you are not. This is why you operate as two different “persons” in law: one is you as the natural man/woman, operating in a non-commercial, non-officer employee capacity. The other is the ens legis/public corporation that is operating in a commercial activity as an employee or officer of the Federal corporation.
You are BOTH, but they don’t necessarily MIX. You are actually operating two entirely separate lives at the same time. You operate a PHYSICAL BODY in the living realm and you operate a CORPORATE BODY in the corporate realm. Both are important. You are operating TWO BODIES in two entirely separate universes at the same exact time.
So, if you’re ever wondering if you are in the public or in the private, all you need to do is determine two things:
Am I involved in a commercial activity that could be construed to be located in the “United States” (meaning District of Columbia)?
Am I involved in something that could be construed that I am operating as an officer or employee of the Federal corporation? (YOUR ALL CAPS NAME IS A PUBLIC CORPORATION THAT IS AN EMPLOYEE OR OFFICER OF THE FEDERAL CORPORATION. THE SOCIAL SECURITY NUMBER IS THE EMPLOYER IDENTIFICATION NUMBER (EIN) OF YOUR PUBLIC CORPORATION)
It’s that simple. Just because you are doing very open talks or going mainstream with something has nothing to do with public vs private. YOU ARE BOTH OPERATING ALL THE TIME AND YOU SIMPLY NEED TO REALIZE THAT YOU HAVE TWO CHESS PIECES IN THIS GAME OF LIFE: YOUR LIVING BODY AND YOUR CORPORATE BODY.
You can often use both bodies in your documents. You can use both bodies together at the same time. But they are always separate. For example, when you indorse instruments… your living form is the surety and the public corporation is the bank. So you endorse using both bodies (but they are still technically separate, entirely).
Roll this around in your head and begin to look at the world in a new light. This is like learning to walk all over again.
The system is designed to help and assist us if we understand and respect the system. Quit fighting and complaining and begin really digging in to how this all works and have fun with it. You will find the true freedom you have been looking for.
