By: Joel Stephen Mattson
There’s a doctrine most attorneys don’t talk about—and most judges hope you never find out. It’s called the Clearfield Doctrine, and it blows a hole through nearly every act taken by the government in a commercial capacity.
The truth is, when government agencies act as corporations, they lose their immunity and become subject to the same rules as any private entity. That means if they’re trying to enforce codes, demand payment, or issue fines without constitutional authority—they can be sued. Hard.
And the best part? You don’t need permission to bring it up. The law is already on your side.
WHAT IS THE CLEARFIELD DOCTRINE?
The Clearfield Doctrine comes from the U.S. Supreme Court case Clearfield Trust Co. v. United States, 318 U.S. 363 (1943). In that case, the federal government was operating like a commercial entity—issuing and cashing checks. The Court ruled:
“When the United States enters into commercial business… it abandons its sovereign capacity and is to be treated like any other corporation.”
Translation? When the government steps outside its constitutional role and starts acting like a business—it must be treated like a business. No more sovereign immunity. No more special treatment.
That means every time a city, state, county, or federal agency tries to enforce a code or demand payment—they’re operating in a commercial capacity. And that opens the door for fraud claims, contract disputes, and full-blown lawsuits under the Clearfield Doctrine.
WHY THIS MATTERS IN EVERY CASE YOU FACE
The government was designed to act in a sovereign, limited capacity—protecting rights, enforcing justice, and upholding the Constitution. But that’s not how it works anymore. Today:
- Cities issue fines like corporations issuing invoices
- Counties send tax bills like credit card statements
- Police departments operate as revenue collection agencies
- Court clerks process “customers” in a system of pay-to-play justice
These are not acts of sovereign governance. They are acts of commerce. And that matters because the moment they act in commerce, they must follow commercial law—and that’s where the Clearfield Doctrine hits them hard.
SUPREME COURT CASE LAW BACKING THIS UP
The Clearfield Doctrine isn’t alone. Other rulings reinforce the idea that government loses its special protections when it acts outside its limited authority:
- United States v. Burr, 25 F. Cas. 30 (C.C.D. Va. 1807): “No man is above the law; that includes the government.”
- Federal Crop Ins. Corp. v. Merrill, 332 U.S. 380 (1947): The government is bound by the same principles of contract and estoppel as private citizens when it engages in commercial transactions.
- Lane v. Peña, 518 U.S. 187 (1996): Waiver of sovereign immunity must be clear, but when commercial activity occurs, immunity no longer applies.
These cases destroy the myth that government agencies are untouchable. When they operate as businesses, they lose the protection of sovereignty—and you can hold them accountable like any other corporation.
REAL-WORLD EXAMPLES OF FRAUDULENT COMMERCIAL ACTIVITY
- Property tax collection on land held by patent with no signed contract
- Code enforcement fines issued without due process or trial
- DMV fees and vehicle registrations demanded under threat of penalty, despite no contractual agreement
- City utility bills that treat you like a customer but threaten government action if unpaid
- Police citations issued to generate revenue rather than address harm
In each case, no injured party exists. No valid contract exists. The “authority” is based on policy—not law. And if you challenge it under the Clearfield Doctrine, the whole foundation cracks.
WHAT OTHERS HAVE DONE TO WIN THEIR CASE
People across the country have used the Clearfield Doctrine to:
- File countersuits against agencies acting in commerce
- Demand proof of contract before paying any demand
- Expose the private nature of government entities through their Dun & Bradstreet listings
- Submit discovery requests proving the agency is operating as a business
- Invalidate penalties and collections based on lack of sovereign standing
Once you prove that the agency is operating in commerce, you shift the power. You’re no longer the “defendant”—you become the creditor demanding proof of claim.
HOW JOEL STEPHEN MATTSON APPLIED THIS IN REAL LIFE
When Callahan County came after me for property taxes, I treated them like a business making a claim. I demanded the contract, denied the existence of any fiduciary relationship, and rebutted all presumptions of jurisdiction.
They had nothing. No signed agreement. No injured party. No constitutional authority. The case went cold—because once you treat them like a business, they can no longer hide behind government authority.
HOW TO USE THE CLEARFIELD DOCTRINE IN YOUR DEFENSE
- Deny all implied contracts or agreements with the agency
- Demand they prove constitutional authority to act
- Ask for a signed agreement that binds you
- Reference Clearfield Trust Co. v. U.S. in your filings
- Treat them like a private business issuing unlawful invoices
- File a motion or affidavit asserting they’ve waived sovereignty
- Require proof of standing under commercial law
When they can’t provide it, their entire claim collapses.
RELATED ARTICLES
For deeper weapons to pair with this doctrine, read:
- How to Shut Down Jurisdiction with a Single Filing
- Why Most State Statutes Are Constitutionally Void
- How to Turn Their Paperwork Against Them in Court
- How the Magistrate Act Was Weaponized Against You
FINAL THOUGHTS
The Clearfield Doctrine exposes the great fraud of government as corporation. Once they step out of their constitutional role and start demanding money, obedience, or performance—they become commercial actors. And once that happens, they are liable just like anyone else.
Because the truth is: they’re only winning because you don’t fight back on paper.
Make the record yours.
And let their own filings take them down.
Next Article in the Series: How the Government Creates Legal Fictions to Replace the People
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