Law of Consent (1 of 1)
. .then an act of terrorism, theft, and possibly even slavery or involuntary servitude has occurred, all of which are torts cognizable under the state or federal constitutions and the common law. The way that governments ensure that they are not the object of civil injustice and are "let alone" is by enforcing the requirement that whenever anyone wants to sue them, they must produce consent to be sued published as a positive law statute. This is called "sovereign immunity":
A state's freedom from litigation was established as a constitutional right through the Eleventh Amendment The inherent nature of sovereignty prevents actions against a state by its own citizens without its consent [491 U.S. 39j hr Atascadero, 473 U.S. at 242, we identified this principle as an essential element of the constitutional checks and balances: The "constitutionally mandated balance of power" between the States and the Federal Government was adopted by the Framers to ensure the protection of "our fundamental liberties." [Garcia v. San Antonio Metropolitan Transit Authority. 469 U.S. 528, 572 (Powell, J., dissenting)]. By guaranteeing the sovereign immunity of the States against suit in federal court, the Eleventh Amendment serves to maintain this balance. [Great Northern Ins. Co. v. Read. 322 U.S. 47. 51 (1944)1
Likewise, all the authority possessed by both the state and federal governments is delegated by We The People to them. The people cannot delegate an authority collectively that they individually do not ALSO possess.
"The question is not what power the federal government ought to have, but what powers, in fact, have been given by the people... The federal union is a government of delegated powers. It has only such as are expressly conferred upon it, and such as are reasonably to be implied from those granted. In this respect, we differ radically from nations where all legislative power, without restriction or limitation, is vested in a parliament or other legislative body subject to no restriction except the discretion of its members." (Congress) [U.S. v. William M. Butler, 297 U.S. I (1936)1
Both the Constitution and the Declaration of Independence require that "all men are created equal" and that all "persons", including governments, are treated equally IN EVERY RESPECT. That means that no creation of men, including a government, can have any more authority than a single man. All "persons", whether human or artificial are, in fact EQUAL in every respect, with the possible exception that artificial entities are not protected by the Bill of Rights. This is covered further in: No government can or should therefore have or be able to enforce any more authority than a single human being. This means that if the government claims "sovereign immunity" and insists that it cannot be sued without its express written consent, then the government, in turn, when it is enforcing any civil liability against ANY American, has the EQUAL burden to produce evidence of THEIR consent IN WRITING to be sued. That consent must, in turn, be given by a person domiciled in a place OTHER than that protected by the U.S.A. Constitution, because the Declaration of Independence says the rights of people in states of the Union are "unalienable", which means they CANNOT be sold, bargained away, or transferred by ANY process, including a franchise or contract.
"We hold these truths to he self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.—That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, -" [Declaration ofIndependence]
"Unalienable. Inalienable; incapable of being aliened, that is, sold and transferred."[Black's Law Dictionary, Fourth Edition, p. 1693]
Therefore, the only people who can lawfully "alienate" any Constitutional right in relation to a real, de jure government by exercising their right to contract, are those NOT protected by the Constitution and who therefore are either domiciled on federal territory or situated abroad, which also is not protected by the Constitution.
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Requirement for Consent
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