Requirement for Consent

7. Judges in franchise courts are allowed the discretion to make determinations about the status of the litigants before 1 them and whether they are “franchisees” called “taxpayers”, “drivers”, etc. When they have this kind of discretion, 2 they will always abuse it because of the financial conflict of interest they have. Such decisions must always be made 3 by impartial decision makers who are not ALSO franchisees. That is why 28 U.S.C. §2201(a) forbids the exercise of 4 this type of discretion by federal district and circuit judges. 5

Note that Montesquieu warns that franchise courts are the means for introducing what he calls “arbitrary control”: 6

“Were it joined with the legislative, the life and liberty of the subject would be exposed to arbitrary control; for

7

the judge would be then the legislator.”

8

The U.S. Supreme Court has recognized that the exercise of such “arbitrary control” is repugnant to the Constitution. The 9 reason is that it turns a “society of law” into a “society of men”: 10

" The government of the United States has been emphatically termed a government of laws , and not of men. It will certainly cease to deserve this high appellation, if the laws furnish no remedy for the violation of a vested

11

12

legal right."

13

[ Marbury v. Madison, 5 U.S. 137, 163 (1803) ]

14

“ When we consider the nature and the theory of our institutions of government, the principles upon which they are supposed to rest, and review the history of their development, we are constrained to conclude that they do

15

16

not mean to leave room for the play and action of purely personal and arbitrary power. ”

17

[Yick Wo v. Hopkins, 118 U.S. 356, 369 , 6 S. Sup.Ct. 1064, 1071]

18

7.4 You cannot lawfully consent individually to enlarge ANY of the civil powers of government 19 and if you do, the obligations created are UNENFORCEABLE 20

A very important aspect of consent that needs to be treated in detail is the issue of whether you can consent to enlarge the 21 civil powers of government beyond those defined in the constitution. We will treat this important subject in this section. 22 This section deals with PERSONAL consent, not the collective consent manifested as a voter or a jurist. 23

The first place to look at how to address this subject is the Declaration of Independence, which in effect says that your 24 RIGHTS are “unalienable”: 25

“We hold these truths to be 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

26

27

28

governed, - “

29

[Declaration of Independence]

30

What is the legal definition of an “ unalienable right ” ?:

31

“Unalienable. Inalienable; incapable of being aliened, that is, sold and transferred.”

32

[ Black’s Law Dictionary, Fourth Edition, p. 1693]

33

The above means that you AREN’T allowed by law to alienate a right in relation to a REAL, de jure government. Notice 34 the phrase “sold and transferred”. Franchises are the MAIN method by which rights are “sold and transferred” to 35 governments. Hence: 36

1. Any attempt to alienate a constitutional right produces NO obligation or loss of property on your part. 37 2. Franchises cannot be offered to people protected by the constitution or enforced against them. 38

On a more basic level, the Declaration of Independence, which is organic or fundamental law published in Statutes At 39 Large by the VERY first act of the United States congress, recognizes that the ONLY authority for establishing civil 40 government is the protection of PRIVATE rights. Anything that does NOT accomplish that objective is, by implication, 41 NOT a “government function” and instead is the action of a PRIVATE, for PROFIT corporation. Below is how we 42 approach this subject in the SEDM Member Agreement, Form #01.001, Section 1.2: 43

SEDM Member Agreement, Form #01.001, Section 1.2

44

Requirement for Consent

120 of 396

Copyright Sovereignty Education and Defense Ministry, http://sedm.org Form 05.003, Rev. 7-23-2013

EXHIBIT:________