Requirement for Consent

confer [upon the states] a new power or jurisdiction, but simply to regulate the effect of the acknowledged

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jurisdiction over persons and things within the territory." [Old Wayne Mut. Life Assn v. McDonough, 204 U.S. 8 (1907)]

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Government and consent

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The following subsections will deal with how the requirement for consent of the governed identified in the Declaration of 5 Independence constrains all government action in the civil statutory realm. 6

9.1 How are civil legal obligations toward government lawfully created? 7

We began this document in section 0 with a definition of “ justice ” , which was defined as the right to be left alone. We said 8 that the only condition in which that right can lawfully be disturbed without the consent of the owner is when: 9

1. Someone’s else’s equal rights have been injured.. AND

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2. A specific injury has resulted to a protected party from that violation under the common law. 11 2.1. If the remedy is a civil statutory remedy, we must have a domicile within the jurisdiction of the court 12 administering the remedy before it can be invoked. 13 2.2. If the remedy is a civil common law remedy, no domicile is necessary to invoke it in court. 14 2.3. If the remedy is a criminal remedy, the violation occurred on territory protected by the sovereign. Otherwise the 15 act of criminal enforcement against nonresident parties amounts essentially to international terrorism. 16

It is the above criteria that authorizes courts to interpose to provide remedy for the injury. The remainder of this section 17 will deal primarily with items 2.1 and 2.2. Item 2.3, criminal enforcement, is self-evident. 18

We said earlier in section 1.1 that ALL the government’s civil statutory authority over any member of the public derives 19 directly and exclusively from contracts with the public or from public offices. 20

“All the powers of the government [including ALL of its civil enforcement powers against the public] must be carried into operation by individual agency, either through the medium of public officers, or contracts made

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with [private] individuals. ”

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[Osborn v. Bank of U.S., 22 U.S. 738 (1824)]

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This section will relate the above issue back to the general methods by which civil statutory obligations enacted into law are 25 created. The California Code of Civil Procedure, §26 explains how CIVIL obligations are lawfully created towards any 26 government or civil law of any government: 27

Code of Civil Procedure - CCP PRELIMINARY PROVISIONS

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( Preliminary Provisions enacted 1872. )

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[26.]

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Section Twenty-six. An obligation is a legal duty, by which one person is bound to do or not to do a certain

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thing, and arises from:

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One — Contract; or,

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Two — Operation of law.

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(Amended by Code Amendments 1873-74, Ch. 383.)

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[SOURCE:

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http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CCP§ionNum=[26.]]

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Based on the above, in order for the government to claim that they have a right to assert or enforce a civil duty or obligation 39 of you towards them or toward any of the CIVIL laws they pass, they have the burden of introducing legal evidence of 40 ONE of the following: 41

Requirement for Consent

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

EXHIBIT:________