KETANJI BROWN JACKSON, United States District Judge.
Pro se Plaintiff Alex Cruz is a federal prisoner who is asking this Court to declare that the federal criminal code is "null and void" pursuant to the Declaratory Judgment Act, 28 U.S.C. § 2201. (Compl., ECF No. 1, at 19 (internal quotation marks and citation omitted).)
Federal courts are courts of limited jurisdiction, possessing "only that power authorized by Constitution and statute[.]" Kokkonen v. Guardian Life Ins. Co. of Am., 511 U.S. 375, 377, 114 S.Ct. 1673, 128 L.Ed.2d 391 (1994). "It is to be presumed that a cause lies outside this limited jurisdiction, and the burden of establishing the contrary rests upon the [plaintiff]." Id. (citations omitted). It is also clear that a federal judge may act sua sponte to dismiss claims pursuant to Fed. R. Civ. P. 12(b)(1) for lack of subject matter jurisdiction, see Hurt v. U.S. Ct. of Appeals for the D.C. Cir., 264 Fed.Appx. 1, 1 (D.C. Cir. 2008), and this authority extends to claims so "patently insubstantial" that they are "essentially fictitious" and "absolutely devoid of merit," such that no federal question suitable for decision can be discerned. Best v. Kelly, 39 F.3d 328, 330-31 (D.C. Cir. 1994) (internal quotation marks and citations omitted).
In his complaint,
It appears that this assertion "is one of the jailhouse lawyers' arguments du jour[,]" United States v. Schultz, No. 03-cr-08-02, 2007 WL 2872387, at *2 (D. Minn. Sept. 26, 2007), and federal courts across the country have uniformly rejected this theory as "frivolous[,]" United States v. Potts, 251 Fed.Appx. 109, 111 (3d Cir. 2007), or, at most, "factually incorrect[,]" United States v. Campbell, 221 Fed.Appx. 459, 461 (7th Cir. 2007); see also, e.g., United States v. White Bull, No. 09-cr-37, 2015 WL 13515952, at *5 (D.N.D. July 29, 2015) ("[I]t is clear that Title 18 of the United States Code and 18 U.S.C. § 3231 were constitutionally passed." (citations omitted)); Perkins v. United States, No. 13-023C, 2013 WL 3958350, at *4 (Fed. Cl. July 31, 2013) (concluding that "the argument that the fact that less than a quorum of the House participated in a vote on an amendment to a bill means that less than a quorum was present when the bill was approved ... is, in a word, frivolous"); Cardenas-Celestino v. United States, 552 F.Supp.2d 962, 968 (W.D. Mo. 2008) (holding that a habeas petitioner's claims that Public Law 80-772 is invalid are "a frivolous and total contrivance"). To be sure, the D.C. Circuit has not yet opined on the oft-made assertion "that Public Law 80-772 was not enacted in a constitutional manner[,]" but this Court finds no reason to depart from the well-settled and broadly adopted conclusion that such claims "are without a shred of validity[.]" United States v. Felipe, No. 07-cv-061, 2007 WL 2207804, at *1-2 (E.D. Pa. July 30, 2007).
As a result, it is clear to this Court that Cruz has failed to meet his burden of establishing that he has substantial (i.e., non-frivolous) claims, such that this Court has subject matter jurisdiction over his complaint, even under the "less stringent standards" to which federal courts hold pro se litigants. Haines v. Kerner, 404 U.S. 519, 520, 92 S.Ct. 594, 30 L.Ed.2d 652 (1972). Under D.C. Circuit precedent, such patently insubstantial claims are subject to dismissal sua sponte. See, e.g., Hu v. U.S. Dep't of Def., No. 13-5157, 2013 WL 6801189, at *1 (D.C. Cir. Dec. 11, 2013) (district court properly dismissed complaint for lack of jurisdiction where "its factual allegations were essentially fictitious" (internal quotation marks and citation omitted)); Tooley v. Napolitano, 586 F.3d 1006, 1009-1010 (D.C. Cir. 2009) (district court properly found that it lacked subject matter jurisdiction over claims that were "flimsier than doubtful or questionable [and] essentially fictitious" and therefore patently insubstantial (internal quotation marks and citation omitted)). And, notably, the fact that Cruz is requesting relief under the Declaratory Judgment Act does not relieve him of the burden of establishing subject matter jurisdiction, due to the "well-established rule that the Declaratory Judgment Act is not an independent source of federal jurisdiction[; indeed], the availability of [declaratory] relief presupposes the existence of a judicially remediable right." Ali v. Rumsfeld, 649 F.3d 762, 778 (D.C. Cir. 2011) (internal quotation marks and citations omitted)).
For the reasons explained above and as stated in the accompanying Order, Cruz's complaint is