Tag Archives: Florida

SIMULATION OF LEGAL PROCESS: Two Faces of Attorney Fraud in Florida Foreclosures (Plaintiff’s and Defendant’s)—but under Rule 1.540(b)—-IT AIN’T OVER TIL IT’S OVER!

In Robert S. Tripka’s appeal to the Second District Court of Appeal, we see evidence from a case in which one of the original Florida Mortgage Defense Mavens, April Carrie Charney, has been involved that the members of the Financial Plaintiff’s bar in Florida (e.g. Linda Spaulding White of Broad & Cassell LLP) will stop at nothing to hide the bank’s financial malfeasance in securitizing notes and thereby obliterating them, while trying to preserve the facade of law—as if the Common Law, Constitution, and Uniform Commercial Code were still followed and operating as living systems in Florida—which they are not.  But a plethora of cases decided (and receiving hardly any publicity) in the past five years show that there are many Florida Judges with integrity who are doing their best to stop the bleeding and degradation of the law…  Deutsche Bank National Trust Company no more has standing to foreclose on Tripka’s house than whatever Saudi Prince or “Equity Fund” actually has a fractionalized interest in a mortgage note which has been sold and therefore paid…

Robert S. Tripka’s Motion for Written Opinion, Rehearing or Rehearing En Banc and Certification on Appeal to 2nd DCA October 23

SIMULATED LITIGATION BY A DEFENSE ATTORNEY COLLABORATING WITH DEUTSCHE BANK NATIONAL TRUST—At the other end of Florida and on the other side of foreclosure  litigation fraud issues, Aluisio Barbosa, a severely disabled person, has filed a Complaint for Equitable Bill of Review of his Foreclosure under Florida Rule 1.540(b) in Broward County (Fort Lauderdale) alleging Extrinsic Fraud in William Jeffrey Barnes’ intention and motivation… at every step of the defense which he and his wife paid for….with this very arrogant (and treacherous) high-profile and high priced attorney….  Plaintiff Aluisio Barbosa has alleged (and credibly documented) that William Jeffrey (aka “Jeff”) Barnes intentionally perverted and twisted the defense of his and his wife’s case… by collusion and cooperation with the Attorneys’ for Deutsche Bank National Trust Company and one of these film-flam trusts…. the GSAA HOME EQUITY TRUST 2006-16, which exists ONLY as a vehicle for securitization and hence for fraud….

Aluisio Barbosa & Una Proenca Rule 1.540(b) 92 Page Complaint for Equitable Bill of Relief

William Todd Overcash, M.D., Speaks out Against Family Court Corruption in Marion County, Florida, and the Florida Fifth District Court of Appeal

Question & Answer on Federal Civil Rights Claims against State Courts, Judges, & Lawyers

Question on Facebook from the Distinguished Doctor William Todd Overcash,  M.D., in Ocala and Oklawaha, Florida:
I have a question. Who would feel safe and believe they would get a fair treatment when the Chief Judge of the Florida 5th Circuit removes members of the courts ethics committee and then assigns non qualified members and incites referral of your attorney for disbarment/sanctions 3 days after your legal team files a federal lawsuit against 7 Judges and 20 State Agencies. Be the way, the previous committee 5 months earlier had cleared your attorney.

Answer from a Madman who has been studying this question for 30 years:
Who would feel safe and belief he would get fair treatment when he enters a Dragon’s Cave for the purpose of reclaiming some or all of the gold the Dragon has accumulated by killing people over the years? Whenever you invade a Monster’s lair, you pretty much have to accept that you’ll only be leaving there one of two ways:

One way is carrying the Dragon’s head after decapitating him. The other way is when the Dragon throws out whatever’s left after he’s eaten. Fairness and safety are not rights afforded to Rebels who rise up in insurrections against Monsters or against Monstrous Tyranny.

The Federal Civil Rights laws are written so that you can only invoke Federal supervision over State Courts when individual rights are systematically deprived according to a system of racial discrimination. That MAY or may NOT have been Congress’ “original intent” in enacting 28 USC 1443 and 42 USC 1981 and 1985-1986, but it is how the Supreme Court of the United States and all inferior Federal (and most state) Courts have interpreted these otherwise majestic statutes: they are basically race-based “affirmative action” programs.

So, unless you are willing to take on the question of whether you are the victim of reverse racial discrimination, you cannot enter the Dragon’s lair and expect to come out in very good shape. It may as well be said publicly: RACE defines the struggle for American (and world) CIVIL RIGHTS.

That’s why “Black Lives Matter” is the pre-eminent radical movement of 2016. That’s why non-white immigration is the biggest issue in Europe and one of the biggest issues in the USA. That’s why Donald Trump has such a strong (even if possibly misguided) support among the Far Right/Alt Right “14/88” crowd.

If you think it is a monstrous thing to allocate fundamental rights according to race and only adjudicate claims based on race, then you think that U.S. Civil Rights is Monstrous, and when you attack these questions, you are entering the Monster’s Home…..

If you disagree with the current structure and allocation of Civil Rights and the powers to enforce them under U.S. and International Law, then you need to enter the Political Fray and try to change the law by engaging in and exercising whatever political processes may be available under the First, Ninth, and Tenth Amendments. Or indeed, as Donald Trump made waives for saying earlier this week, however indirectly and obliquely, by engaging in and exercising whatever rights and political processes may be available to you under the Second Amendment to the U.S. Constitution, or, perhaps Article I, Section 2 of the Texas Bill of Rights:

Sec. 2. INHERENT POLITICAL POWER; REPUBLICAN FORM OF GOVERNMENT. All political power is inherent in the people, and all free governments are founded on their authority, and instituted for their benefit. The faith of the people of Texas stands pledged to the preservation of a republican form of government, and, subject to this limitation only, they have at all times the inalienable right to alter, reform or abolish their government in such manner as they may think expedient.

Article 2, Section 1 of the California Constitution is similar but in no way as absolutely or powerfully phrased:

SECTION 1. All political power is inherent in the people. Government is instituted for their protection, security, and benefit, and they have the right to alter or reform it when the public good may require.

It is significant and worth noting that “protection and security” are among the purposes of government included in the California constitution but omitted from the Texas Constitution.  Providing “protection and security” has always been one of the mottos and gangster watchwords of oppressive government….

But also note that, apart from whatever may be inferred from the language of the First, Second, Ninth, and Tenth Amendments, no such express and explicit “right to alter, reform, or abolish…government” is clearly articulated within the United States Constitution, or the Constitution of the State of Florida.

Bob Hurt, aka Robert Hurt, wife Maria Hurt of Clearwater, Florida—Blackmailer, Extortionist, Pedophile, Pornographer and Libelist, Snake Oil Salesman and Harassment Artist

REQUEST FOR PERSONAL ASSISTANCE WITH A PERSONAL PROBLEM:

Who can help me bring Bob Hurt of Clearwater, Florida, to Justice?  Bob Hurt is the biggest blackmailer, extortionist, hypocrite, pornographer, pedophile, slanderer, and general ne’er-do-well and malcontent in the history of the State of Florida, which is filled with Hypocrites, slanderers, and general ne’er do wells and malcontents.  

For over a year now, Bob has been writing defamatory attacks against me and I have been attempting to maintain a calm demeanor and not let loose against him the way I want to.  But on Saturday, January 25, 2016, Bob crossed several lines with a mass mailing attacking me again and I have decided I have to answer publicly and say what I know to be true about this man, facts I have known for years and chosen to remain quiet.  But you can only kick a dog (or a raccoon) so many times before the dog starts to fight back and bite—and Bob has kicked this coon-dog about two dozen times too often.

UPDATE: My lawyer, has asked me to state the factual basis for my charges leveled in this article:  I was first alerted to Bob Hurt’s status as a pedophile and pederast by Kathleen Waller, a long-time resident of Clearwater and Tarpon Springs who used to run the most delightful place called “Celtic Coffee.”  She refused to associate with me in part because I continued to associate with Bob Hurt after she told me his background.

Kathleen Waller revealed to me that Bob had been expelled from the Church of Scientology because of his activities and I was later able to confirm this with Church authorities in Clearwater.  All other activities alleged against Bob Hurt (including his constantly sending me pornography when I have told him I find it very distasteful) are alleged based on personal knowledge and experience: Bob has done all these things to me, and I have seen him do them to others.

I have much better things to do than go around complaining about a former friend turned liar and Judas-kisser, but Bob Hurt has gone WAY too far….he goes around lying and slandering me and insulting me and me family because he gave me a computer and says I stole it.   Bob Hurt is trying above all to prevent me from applying for re-admission to the Florida Bar because he knows I would be BAD NEWS for crooks and shysters like him.  I would not want to be a part of any group that Bob Hurt could stop me from belonging to, that’s for sure.

Bob Hurt has interposed himself and tortiously interfered with my contractual relations with many people.  Not in the least way, he has sought vigorously to alienate me from my attorney Inger Michelle Garcia.  Bob threaten Inger with reporting her to the bar if she continued to work with me.  Bob threatened Inger with all kinds of things.  Bob is an extortionist and a blackmailer of the first order.

Bob Hurt has written his attacks on me this year help out another treacherous friend who turned on me, specifically to ally himself with an illegal alien, Amalia Liana Thanou to assist her and her family of Greek fraudsters squatting in my house on the “Jersey Shore” in Mantoloking, New Jersey, costing me tens of thousands of dollars each month in lost   rental income and legal fees.  

Illegal Alien Amalia is squatting in my Jersey Shore home because I was stupid enough to listen to her pleas, her begging and entreaties, in February and March 2015 to stay at the house and improve it for rental after being evicted from a dozen homes and apartments in Los Angeles 8 years’ time.  

Amalia claims a right to live in my 5 bedroom house for free with her (lethal, killer pit-bulls, whom I have witnessed killing other smaller dogs) because she claims to have done tens of thousands of dollars of “repair work” on my house, for which she cannot produce a single receipt—even for windex or a single can of paint or for a broom or can of oil.   

Amalia is also infamous for stiffing every lawyer in the city stupid enough to help her, including but not limited to my good friend (and a great American Patriot) WDJ, founder of the AFP, John W. Levine 9025 Wilshire Boulevard, Suite 500 Beverly Hills, California 90211, Elena I. Popp of the Eviction Defense Network at 1930 Wilshire in Los Angeles.   Most recently, see the attached letter: 

This is entirely morally consistent with Bob’s stance on the Mortgage foreclosure crisis: Bob unquestionably supports the right of Banks who completely lack legal standing or proof of ownership of debt to collect debts and foreclose on homes.   Bob Hurt has never met a liar or an extortionist or a corrupt banker he doesn’t love, and that’s why he hates me—I have dedicated my life to fighting the kind of corruption he WORSHIPS—ever since they kicked him out of the Church of Scientology for pederasty and pedophilia…

To return his many published defamations against me, I want to ask your help in gathering information necessary to silence this creep once and for all.  Bob Hurt, and his allies at the Fogbow, are trying to defame me and stop me from restoring my license to practice law—they may all succeed if I can’t show that this guy is a creep and a criminal with a history of emotional problems.

Please report any information you have on Mr. Hurt, including what he’s doing or saying about me, to me right here on this blog:

Please take note that my Florida attorney, Inger Michelle Garcia, Garcia Legal Group, at 4839 Volunteer Road, Suite #514, Davie, Florida 33330, has decided to resign as my attorney because she is deathly afraid of Bob Hurt, and she believes Bob Hurt will succeed in causing a lot of trouble.  That remains to be seen but Inger is expressing fear of a troll and a bully, and I’m very sad that she’s decided to resign, although she really hadn’t done anything but spend my money for nothing….and basically without much justification or return to me…. and in her resignation e-mail she said she was going to bill me $15,000.00—and I’d love to see for what services, exactly she intends to do that….

When the Prosecution is the Crime, and the Defendant is Freedom: Terry George Trussell Convicted and Taken Immediately into Custody (But What was Orly Taitz doing in Dixie County just before trial????)

Southern Constitutional Patriot, Common Law Activist, and former Statutory Grand Jury Foreman Terry George Trussell was found guilty of five of fourteen counts today by a Jury in Dixie County, Florida, and taken immediately into custody.  

As much as needs to be said about this event, a full legal discussion will have to wait for another day except for gross generalities and some random surrounding peculiarities and idiosyncratic events.

Suffice it to say, about the prosecution, that it was 100% a political show trial, initiated of the prosecutors, by the prosecutors, and for the prosectors designed to maximize their power as agents of “Big Brother” to control the legal system, in particular the so-called “criminal justice system” in the United States, against any and all claims of right by the people to have a say in social control through law.

As a curious but extremely significant aside (actually a complete “side show”), the trial was closely watched and broadcast by one of the nastiest bunch of lying Communist Sympathizing cluster of hateful sneering legal elitist bloggers in the whole USA, namely the Fogbow, which was cheering and cackling like a bunch of witches and warlock trolls for Terry’s conviction.   

I have been a particular target for the Fogbow crew of anonymous Goblins since 2009 when I participated in and supported the legal challenges to Barack Hussein Obama’s accursedly fraudulent candidacy and election to the highest “constitutional” office in the United Staes, perhaps the world.  

This group of bloggers (mostly establishment lawyers) claims that their noble purpose is to highlight truth and expose lies and deception in the “birther” movement, although they have moved on to attack so-called “Sovereign Citizens” and other constitutional grass roots activists who oppose the centralized state and governmental monopoly on legal process and thought.

Although ostensibly organized to ridicule Orly Taitz and her role in the “Birther” Movement, in effect the group has served to keep  a spotlight of attention on her activities which long since faded from the first, second, or even third page of news reports, and to criticize and attack all those around her.

For a while in 2009-2010, I was very much “around Orly” and I tried to assist her and inform and shape her legal crusade.  The professional side of my relationship with this Dentist-Lawyer-Real Estate Agent-Tai Kwon Do expert was fraught with constant conflict and argument over strategy, although she used some of my writings and took some of my advice.

Orly needed followers and she needed sensation, and she hated caution and careful reflection and would have no part of legal research…. this was strange in a lawyer trying to lead what needed to be the most sophisticated legal challenge against a sitting President in world history.  

But Orly’s need to make radical statements which her uneducated followers could cheer was paramount to anything else, and so in one episode in Georgia, she insisted on disrespectfully challenging the authority of a Federal Judge, and calling him a traitor.

Fogbow founding member “Sterngard Friegen” has been particularly hateful towards me for 7 full years now, and in this latest go round about the Terry Trussell trial, he accused me of taking advantage of  Orly Taitz’ naivetee and forcing her to file sanctionable documents WHICH I HAD ACTUALLY FOUGHT WITH ORLY TO PREVENT HER FROM FILING NIGHT AFTER NIGHT AFTER LONG NIGHT.  

It seemed strange to me that he has always been so obsessed with me and so interested in defending Orly while ostensibly being her greatest critic…. how strange…. Anyhow, I had for a very long time now suspected it was all a show and a fraud, and apparently I was finally vindicated.

Terry’s lawyer Inger Michelle Garcia reported back to me today that Orly was IN CROSS CITY, DIXIE COUNTY, without ever having articulated any interest in Terry’s trial, and that she had revealed herself as one of, if not the primary force behind the Fogbow, as I have suspected from the very beginning.

Ah, the sweet taste of VINDICATIO!  Orly was not the “Queen” but rather the Court Jester, the “Clown Princess” of the Constitutional Eligibility Movement, aka “the Birthers” for the purpose of making the Constitutional Challenge to Obama’s presidency as humiliatingly stupid and ridiculous as could be…. and in this case, Orly’s strategy, performance, and tactics were all brilliantly successful, and the coincidence of her involvement with the Fogbozers in Dixie County is proof positive of this bizarre but brilliant conspiracy of ridicule and comedy as political attack and disruption.  

I am infinitely grateful to my freshman Anthropology professor Victoria Reifler Bricker for introducing me to the importance of ridicule in social control (her doctoral dissertation at Harvard concerned “Ritual Humor” as subversive political dialogue among the Maya of Chiapas under Spanish Occupation).  

From my beginnings studying at Vicky’s brilliant footsteps in New Orleans, I learned later from Sally Falk Moore, Clifford Geertz, Marshall Sahlins, and Valerio Valeri about ritual performances as “reifying” historical myths and “enactments” which prove and confirm stereotypical theories about human behavior which effectively become enactments  and pronouncements of law.  

I now realize more than ever the importance of so deconstructing the rituals of the modern courts, and modern propagandists like the Fogbozers, to revealing the truth about political process, and to make people free from illusion and free from the deception that such ritualized enactments create.  

The manipulative deceptions attempted and in fact achieved by the Fogbow perfectly exemplify the Cultural Marxist methods of Saul Alinsky and others.  These methods must be exposed and, to the extent possible, attacked and dismantled.   It is just sad to think that techniques originally evolved for the degenerates in the big cities have filtered down all the way to poor little Cross City in Dixie County, the least populous and most isolated of all of Florida’s  68 counties…

Bank of America Slammed For Pursuing Nonexistent Debt and Filing False Foreclosure: Judgment for Borrower $204,000

Goodin v Bank of America N.A.

(with many thanks to J. Larry Nemec who forwarded this to me).

A Jacksonville federal judge has issued a sharp critique of Bank of America in a case involving a Jacksonville couple where the bank mishandled court filings and began a years-long process of trying to collect a non-existent debt and falsely filing for foreclosure.

Bank of America ruined their retirement, Deborah and Ronald Goodin testified, and it may have ruined their marriage, too.

The Goodins, like many American families, made a bad business decision just as the Great Recession began. By 2009, they filed for bankruptcy. They never missed a payment into a bankruptcy trust that was supposed to take care of their mortgage.

But then a year after taxpayers gave Bank of America a $45 billion bailout, that bank took over the mortgage from another lender in August 2009, and Bank of America, which handles trillions of dollars of deposits, failed to file a routine legal motion that would give it access to the bankruptcy trust.

BOA like the other banks is in pursuit of foreclosures for many reasons. They have no right to foreclosure and the real creditor is being blocked out of the equation. The so-called investor doesn’t even know the foreclosure was filed. And they are contractually stopped from even inquiring, just as the Trustees of the REMIC Trusts don’t know anything, don’t have anything and are not allowed to do anything or ask anything.

The plain truth is that BOA and other banks are pursuing foreclosures not because they are the lender or a successor to a lender or even an authorized representative of the real creditor. They are actually using the illusion of a default and foreclosure to cover up the fact that they are really suing for themselves — even if they are not the lender, the successor or authorized representatives. They are getting title to homes in which they have no investment.

SO THE FREE HOUSE IS GOING TO BOA AND OTHER BANKS, NOT THE BORROWER.

ORDERED:

1. Bank of America’s Motion to Amend Pleadings is DENIED.

2. The Court intends to enter judgment in favor of Plaintiffs Ronald and Deborah Goodin and against Bank of America in the amount of $204,000 once attorneys’ fees have been decided. The Goodins have until July 15, 2015 to file a motion for attorneys’ fees and costs, and Bank of America has until August 10, 2015 to respond.

DONE AND ORDERED

23 June 2015 Timothy J Corrigan Goodin v Bank of America Jacksonville Florida

Reference Info:Federal, 11th Circuit, Florida | United States

State vs. National Citizenship—the Fourteenth Amendment, Section 1 must be Repealed—Time to Bite the Bullet, Folks!

Donald Trump has won a lot of national support for his position that “anchor babies” are not U.S. Citizens.  https://www.yahoo.com/politics/birthright-citizenship-where-the-2016-127093585661.html

Despite their appetite for socialism and socialist engineering of U.S. Demography, I think it is fair to say that few if any the Radical Republican Framers of the Fourteenth Amendment ever dreamt of or envisioned a situation where millions of “huddled masses” and “wretched refuse ” types of people would come to America just to have babies to enroll in schools and obtain other welfare entitlements. 

No, the purpose of the Fourteenth Amendment was to create a national standard for citizenship and civil rights, and to abolish the notion that the States of the United States were equivalent to the “States” who obtain membership in the United Nations.  

State citizenship was the weakest point of Cousin Abraham’s Northern policy during the War:  while many Radical Republicans wanted to call Robert E. Lee and Jefferson Davis, and every other Confederate Officer and Politician, a “traitor”, these charges simply would not stick for one single reason.  From 1776-1868, the individual states were the ones which established and determined citizenship, and so Lee was right to think of himself as a Virginian (about a 10th or 12th generation Virginian, in fact) by both the doctrines of ius solis and ius sanguinis.  Jefferson Davis might have been born in Kentucky, but he was a “naturalized” Mississippian.  Pierre Gustave Toutant-Beauregard was a 6th or 7th generation Louisianian, like Lee, either by ius solis or ius sanguinis

So Lee and Beauregard were unquestionably citizens of their own home states, and NOT of the United States.  They might have been employed in the armies of the United States, or, like Davis, also officers of the United States Government in its legislative (Senate) and Executive Branches (where Davis was Secretary of War).

But by every pre-War understanding, the Confederate leaders were not CAPABLE of betraying a Country WHICH NEVER EXISTED.  Like the States they belonged to, the Confederate Leaders could resign from the service of the Union, but in no legal or moral sense could they be called “traitors” to it, because (at least before 1868) the UNION WAS NOT A SINGLE SOVEREIGNTY.  Yes, indeed, quite simply, there WAS no such thing as “United States citizenship” prior to the Fourteenth Amendment—just a very generalized “American” citizenship which dependent on the collaboration and contribution of the ratifying states.  And that is why “Birth of a Nation” (by D.W. Griffith) was so correctly named: a collection of closely cooperating and allied free nation-states (small Jeffersonian Democracies) went to war with each other in 1861, and they were, afterwards, at gunpoint, forced into one single new country.

This was the debate that framed Barack Hussein Obama’s Presidency—so long as he could convince (fool?) a majority of the people into believing he was born in Hawaii, he was eligible, under the ius solis doctrine of the 14th Amendment, to be President.  But if a ius sanguinis standard should be applied, Obama’s rather famous Kenyan father stood as an absolute obstacle to his eligibility.  So as Dinesh D’Souza had shown in his brilliant movie Obama 2016, Obama’s goal as President was absolutely to abolish both the identity and nature of American society and culture.  Now the 44th President effects this transformation largely through emotionally manipulative lies and psychological manipulation, rather than democratic process or law.

But, indeed, the language of the Fourteenth Amendment’s “citizenship” clause is clear enough in making “soil” more important than “blood,” and has been consistently applied by the Supreme Court for over a hundred years to mean that literally anyone born in the United States, for any reason, automatically is an American Citizen.  This is obviously a disaster for the Country and many have written about it, including the mad Texan elf of Clearwater, Florida, Robert M. Hurt, Jr.:

Trump Is Right: Anchor Babies Do Not Rightfully Become US Citizens

http://bobhurt.blogspot.com/2015/08/trump-is-right-anchor-babies-do-not.html

What Hurt proposes is essentially changing the law by reinterpreting the law, and this often does not work so well—and could in fact be described as the source of much of modern America’s woes—allowing the Supreme Court to say that night is day and day is night is getting old, 62 years after Earl Warren became Chief Justice, 113 after Oliver Wendell Holmes brought Massachusetts “progressivism” to the Court, paving the way for the New Deal for whose eventual triumph (through popularity over constitutional rigor) Holmes might be considered a kind of Prophet….

Among Holmes’ most famous pronouncements is that, “an experiment, as all life is an experiment” (Abrams v. United States, 250 U.S. 616, 630 (1919)).  Allowing, or even encouraging, population replacement—the “Browning of America”—is among the left’s favorite long-term social goals and experiments, and (admittedly) all of us who oppose the Browning of America are classified by Salon.com, the Huffington Post, and the New York Times, among others, as vile racist reactionaries. 

But I can live with that.  As far as the way out, though, as far as how White America can preserve itself, I don’t think that verbal games such as Robert M. Hurt, Jr., Donald John Trump, and many others will work.  

No, I always prefer dealing with issues directly and in taking a “full-frontal” approach.  The Fourteenth Amendment resulted from a massive war of Centralization of Power.  The only politician in MY LIFETIME who ever addressed the problem directly was San Diego Mayor and later California Governor and Senator Pete Wilson: who directly advocated repeal of the citizenship clause of the 14th Amendment during the 1980s.  He is almost totally forgotten now, but when I was in Law School, I remember thinking his approach was sound.  Repeal of the Citizenship Clause would be clear statement that unlimited immigration and population replacement via “anchor babies” is and ought to be intolerable.

People don’t realize it, but prior to the War of 1861-65 between the North and the South, MANY NORTHERN STATES if not most of them, DENIED CITIZENSHIP of any kind to blacks.  (the last state to have such a law was Oregon, which literally made it simply illegal to “be a negro” in the State of Oregon— to enter the state at all, under any pretext, was cause for imprisonment, fine, and immediate removal to the state lines upon release.

While “the Underground Railroad” was very famous, you might ask yourself, “if Abolitionist sentiment was so strong in the North, (a) why was the underground railroad “underground” and (b) why did it end up in Canada?  The answer is that since Northern States had enacted “no black citizenship” laws, being “free” in most places meant nothing. 

The way history is taught and discussed in modern America, it’s not always quite clear, but Chief Justice Roger Taney, in Scott v. Sanford was actually adopting a MERGER of both the Northern and Southern positions in his (plurality against Freedom for Slaves by Crossing State Lines) decision in 1857 (every Justice on the Court rendered a Separate opinion in that case). 

Justice Taney said that no negro could ever be a citizen of the United States.  So he was ALREADY (by usurpation) establishing a Federal rather than a state standard of citizenship—THAT IS WHY THE FOURTEENTH AMENDMENT WAS ENACTED—the whole War Between the States and 13th, 14th, and 15th Amendments to the Constitution can be considered an effort to Overrule the “Dred Scott” ruling— but what many people forget is that Taney had already taken the critical first step by attempting to impose NORTHERN standards of Citizenship NATIONWIDE— ironically, this ruling (if it had been allowed to stand) might well, would almost certainly, have had the bizarre effect of “outlawing” or depriving tens of thousands of free (and many slaveholding) blacks in Louisiana of their citizenship, professional licenses, and right to vote. 

So the real problem was Taney’s (1857, pre-War) judicial “stealth” transition from allowing STATES to determine Citizenship to his rather clumsy attempt to impose a NATIONWIDE standard for citizenship.  The Fourteenth Amendment was the “Radical Republican” answer to this. 

Ironic, isn’t it?, that when properly understood, the Fourteenth Amendment was just as oppressive to the Northern States as to the Southern States.  Northern States could no longer ban black people. (Although the remarkable State of Oregon did not repeal it’s African-exclusionary laws until 1926, and only ratified the Fifteenth Amendment until the centennial of that State’s admission to the Union in 1959)(Oregon’s 1844, pre-state, pre-war position on slavery was that all blacks, free or slave, should be whipped and lashed twice a year until they left the territory).

Former California Governor Pete Wilson, by contrast with both Roger Taney and Donald Trump, understood that and would have returned to the individual states the power to determine citizenship by repeal of the “birth clause” of the Fourteenth Amendment.  One can easily imagine, almost too easily, how permitting the states to determine citizenship would be nearly equivalent to allowing secession—because Hawaii, for example, could pass a law decreeing that no “Howlees” (i.e. Anglo-Saxon or other European Whites) could ever be citizens of Hawaii—and so effectively dissolve the ties between that improperly annexed Island State and the rest of “the Union.”  (Hawaii currently has the most radical and politically “real” and active secessionist movement in the USA).

Even if the States COULD determine citizenship, the balance of the 14th Amendment still protected everyone “subject to the jurisdiction” of the United States with regard to Civil Rights…. so even if there were no “national standard for citizenship” there could still be a “national standard for civil rights.”