Requirement for Consent

8.1 Consent is what creates the “person” or “individual” who is the only proper subject of 1 government civil law 2

Domicile mentioned in the previous section is an example of a “protection franchise”. Nearly all civil statutory laws 3 enacted by governments: 4

1. Pertain only to government instrumentalities such as public officers or statutory “employees” (which are also “public 5 officers” per 5 U.S.C. §2105(a)). 6 2. Are all universally implemented as voluntary franchises. Examples of franchises are anything that requires a license, is 7 called a license, or which conveys a “benefit” or “public right” of any kind, such as Social Security, Medicare, 8 Unemployment insurance, etc. Social Security Numbers and Taxpayer Identification Numbers function as “de facto 9 license numbers” for government franchises. See: 10 About SSNs and TINs on Government Forms and Correspondence , Form #05.012 http://sedm.org/Forms/FormIndex.htm 3. Create a legal statutory status called “person”, “individual”, “employee”, “citizen”, and/or “taxpayer” and associate 11 those who consent to the franchise with this VOLUNTARY status. 12 3.1. Those who refer to themselves with this legal status are evidencing their consent to the franchise and also are 13 exercising their political right of association protected by the First Amendment. 14 3.2. Those who are referred to by others as having this status and who don’t rebut it are also presumed to consent to 15 the terms of the franchise. 16 3.3. Those who acquire or “procure” the status such “taxpayer” or “person” under the franchise contract exercise their 17 First Amendment right to associate and their right to contract by associating their formerly PRIVATE property, 18 including their birthname, with government property called the Social Security Number. 20 C.F.R. §422.103(d) 19 says the number belongs to the government and therefore is government property. It is illegal and theft to use 20 public property for a private use or to benefit anyone other than its owner, which is the government. That is 21 called theft. Hence, those possessing or using said number are presumed to consent to acting as “public officers” 22 for the government in receipt, custody, and control of public property as trustees of the public trust. A “public 23 officer”, after all, is legally defined as anyone in receipt or control of the property of the public, including said 24 numbers or the Social Security card it is associated with. Notice the phrase “independent power to control the 25 property of the public” within the legal definition of “public office” below: 26

“ Public office . The right, authority, and duty created and conferred by law, by which for a given period, either fixed by law or enduring at the pleasure of the creating power, an individual is invested with some portion of the sovereign functions of government for the benefit of the public. Walker v. Rich, 79 Cal.App. 139, 249 P. 56, 58. An agency for the state, the duties of which involve in their performance the exercise of some portion of the sovereign power, either great or small. Yaselli v. Goff, C.C.A., 12 F.2d. 396, 403, 56 A.L.R. 1239; Lacey v. State, 13 Ala.App. 212, 68 So. 706, 710; Curtin v. State, 61 Cal.App. 377, 214 P. 1030, 1035; Shelmadine v. City of Elkhart, 75 Ind.App. 493, 129 N.E. 878. State ex rel. Colorado River Commission v. Frohmiller, 46 Ariz. 413, 52 P.2d. 483, 486. Where, by virtue of law, a person is clothed, not as an incidental or transient authority, but for such time as de- notes duration and continuance, with Independent power to control the property of the public , or with public functions to be exercised in the supposed interest of the people, the service to be compensated by a stated yearly salary, and the occupant having a designation or title, the position

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so created is a public office. State v. Brennan, 49 Ohio.St. 33, 29 N.E. 593.

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[ Black’s Law Dictionary, Fourth Edition, p. 1235]

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4. Cannot be enforced against those who don’t consent to the franchise agreement by submitting a signed application on a 40 government form. 41

These facts spring from the reality that it is “repugnant to the constitution” to regulate private conduct WITH THE CIVIL 42 LAW. By “private conduct” we mean anything other than public/governmental conduct: 43

When one becomes a member of society, he necessarily parts with some rights or privileges which, as an individual not affected by his relations to others, he might retain. "A body politic," as aptly defined in the preamble of the Constitution of Massachusetts, "is a social compact by which the whole people covenants with each citizen, and each citizen with the whole people, that all shall be governed by certain laws for the common good." This does not confer power upon the whole people to control rights which are purely and exclusively private, Thorpe v. R. & B. Railroad Co., 27 Vt. 143; but it does authorize the establishment of laws requiring each citizen to so conduct himself, and so use his own property, as not unnecessarily to injure another. This is the very essence of government, and 125*125 has found expression in the maxim sic utere tuo ut alienum non lædas. From this source come the police powers, which, as was said by Mr. Chief Justice

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Requirement for Consent

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

EXHIBIT:________

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