When a politician accepts public office, they operate under a different legal capacity — no longer as a private State Citizen with unalienable rights, but as a U.S. citizen bound to statutory obligations. Their oath of office contracts them into fiduciary duty, placing them under administrative and commercial law, not common law. This transition subordinates natural rights in favor of public trust obligations. Under doctrines like Clearfield Trust and UCC § 1-201(27), politicians act as agents of the corporate UNITED STATES and are subject to public policy, not sovereign authority. In essence, holding office means operating as a trustee of the public, not a free individual.
when a politician assumes office and acts as a public official, they waive or subordinate certain natural rights in favor of public duties and statutory obligations. Here’s a breakdown:
1. U.S. Citizen vs. State Citizen (Private vs. Public Capacity)
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A natural person or State Citizen holds unalienable rights (natural rights) by birth.
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A U.S. citizen, as defined in the 14th Amendment and federal codes (see 26 U.S.C. § 7701, 28 U.S.C. § 3002), is a subject of federal jurisdiction — effectively a legal fiction (a trust, corporation, or public franchise).
2. Politicians Voluntarily Enter Public Office
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They swear an oath of office — binding them to uphold statutes, rules, and constitutions.
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By doing so, they operate in a public trust capacity, subject to:
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Administrative procedure.
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Commercial liability (under Clearfield Doctrine).
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Federal statutes, codes, and public policy.
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3. Legal Consequences of Taking Office
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They become public officers, meaning:
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They no longer act in their private sovereign capacity while performing their duties.
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They are agents of the corporate entity — the “UNITED STATES” or the STATE OF [X].
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This means they effectively surrender or suspend their natural rights while operating in that office — not in their personal life (unless fully contracted into the public system).
4. Relevant Doctrines and Citations
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Clearfield Trust Co. v. United States, 318 U.S. 363 (1943) — once the government enters commerce, it descends to the level of a private corporation and loses sovereign immunity.
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UCC 1-201(27) — public officers are fiduciaries and debtors by role.
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Brady v. United States, 397 U.S. 742 (1970) — waiver of constitutional rights must be knowing, voluntary, and intelligent — politicians do this via oath.
Summary
Yes, when a politician accepts public office:
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They act in a public/commercial capacity, not a private sovereign one.
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They contract away the free exercise of some natural rights while in office, functioning instead under statutes, policies, and corporate code.
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They become part of the public trust, and are liable under fiduciary and administrative law, not common law.
