Requirement for Consent

finest young men, and your donkeys, and put them to his work [as SLAVES]. He will take [STEAL] a tenth of your sheep. And you will be his servants. And you will cry out in that day because of your king whom you

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have chosen for yourselves, and the LORD will not hear you in that day. ”

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Nevertheless the people refused to obey the voice of Samuel; and they said, “ No, but we will have a king over us, that we also may be like all the nations, and that our king may judge us and go out before us and fight our

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battles. ”

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[ 1 Sam. 8:4-20 , Bible, NKJV]

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2. The American Jurisprudence 2d Legal Encyclopedia states that Constitutional States are not bound by conditions 8 proposed by Congress upon them joining the Union. Notice they even use the same word “bargain” found in the 9 definition of “unalienable” : 10

“Congress, in admitting a state, cannot restrict such state by bargain. The state, by so contracting with Congress, is in no way bound by such a contract [compact], however irrevocable it is stated to be. It is said that subject to the restraint and limitations of the Federal Constitution, the states have all the sovereign powers

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of independent nations over all persons and things within their respective territorial limits."

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[16 American Jurisprudence 2d, Constitutional law, §281 (1999)]

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3. The U.S. Supreme Court stated that the States CANNOT consent to enlarge the authority of Congress beyond what the 16 Constitution allows: 17

“ The determination of the Framers Convention and the ratifying conventions to preserve complete and unimpaired state [and personal] self-government in all matters not committed to the general government is one of the plainest facts which emerges from the history of their deliberations . And adherence to that determination is incumbent equally upon the federal government and the states. State powers can neither be appropriated on the one hand nor abdicated on the other. As this court said in Texas v. White, 7 Wall. 700, 725, 'The preservation of the States, and the maintenance of their governments, are as much within the design and care of the Constitution as the preservation of the Union and the maintenance of the National government. The Constitution, in all its provisions, looks to an indestructible Union, composed of indestructible States.' Every journey to a forbidden end begins with the first step; and the danger of such a step by the federal government in the direction of taking over the powers of the states is that the end of the journey may find the states so despoiled of their powers, or-what may amount to the same thing-so [298 U.S. 238, 296] relieved of the responsibilities which possession of the powers necessarily enjoins, as to reduce them to little more than geographical subdivisions of the national domain. It is safe to say that if, when the Constitution was under consideration, it had been thought that any such danger lurked behind its plain words, it would never have been

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ratified.”

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[Carter v. Carter Coal Co., 298 U.S. 238 (1936)]

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4. A U.S. Supreme Court doctrine called the “Unconstitutional Conditions Doctrine” says that it is unconstitutional for 34 any government agency or public servant to place conditions upon their services that would “alienate” a constitutional 35 right: 36

"It has long been established that a State may not impose a penalty upon those who exercise a right guaranteed by the Constitution." Frost & Frost Trucking Co. v. Railroad Comm'n of California, 271 U.S. 583. "Constitutional rights would be of little value if they could be indirectly denied,' Smith v. Allwright, 321 US.

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649, 644, or manipulated out of existence,' Gomillion v. Lightfoot, 364 U.S. 339, 345." [Harman v. Forssenius, 380 U.S. 528 at 540, 85 S.Ct. 1177, 1185 (1965)]

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For more information on the Unconstitutional Conditions Doctrine, see:

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4.1. Great IRS Hoax , Form #11.302, Section 4.2.2

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http://sedm.org/Forms/FormIndex.htm

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4.2. Government Instituted Slavery Using Franchises , Form #05.030, Section 23.2

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http://sedm.org/Forms/FormIndex.htm 46 4.3. Family Guardian Website research on the Unconstitutional Conditions Doctrine . Includes several law review 47 articles. 48 http://famguardian.org/Disks/TaxDVD/Franchises/UnconstCondit/ 49 5. The American Jurisprudence 2d Legal Encyclopedia says that it is inconsistent with the duties of all public officers to 50 attempt to undermine the protection of PRIVATE rights. Hence, those attempting to do so are acting OUTSIDE the 51 authority of their office and become liable for a tort constitutional: 52

Requirement for Consent

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

EXHIBIT:________