Requirement for Consent

1. That you consented to a contract with them. This is one of the two mechanisms recognized in Osborn v. Bank of U.S., 1 22 U.S. 738 (1824) …OR 2 2. That “operation of law” is involved. 3 2.1. Based on Osborn v. Bank of U.S., 22 U.S. 738 (1824) earlier, this mechanism could only correspond with “public 4 offices”. Consequently, whenever “operation of law” is implied as a source of jurisdiction, it MUST be 5 implemented through a public office and the civil “status” as a public officer. In other words, the public right or 6 liability implemented through “operation of law” must attach to a lawfully created and exercised public office in 7 the government which created the statute or law being enforced. 8 2.2. “operation of law” and “public office are therefore synonymous. The “public office” is what Osborn referred to 9 as “agency”. 10 2.3. “operation of law” essentially documents or describes liabilities of those who have contracted with the 11 government AFTER they contract. These obligations and public rights attach to the STATUS they acquired 12 through the contract. For instance, they attach to the status of “employee” found in 5 U.S.C. §2105 AFTER one 13 volunteers to become a statutory “employee” and therefore public officer. 14 The first one of the above two options is pretty simple and requires no further explanation. The second one is a lot more 15 complicated. The next thing we must address is how is such an “ office ” lawfully created against which the “ operation of 16 law” can be enforced? This can only be implemented through franchises, which are civil statutory contracts or agreements. 17

“Is it a franchise? A franchise is said to be a right reserved to the people by the constitution, as the elective franchise. Again, it is said to be a privilege conferred by grant from government, and vested in one or more individuals, as a public office. Corporations, or bodies politic are the most usual franchises known to our

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laws."

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[People v. Ridgley, 21 Ill. 65, 1859 W.L. 6687, 11 Peck 65 (Ill., 1859) ]

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The “public office” they are referring to above is a franchise that is the origin of the “status” to which the “operation of 23 law” attaches. In legal parlance, this civil “status” is called a “res”: 24

"Res . Lat. The subject matter of a trust [the Social Security Trust or the "public trust"/"public office", in most cases] or will [or legislation] . In the civil law, a thing; an object. As a term of the law, this word has a very wide and extensive signification, including not only things which are objects of property, but also such as are not capable of individual ownership. And in old English law it is said to have a general import, comprehending both corporeal and incorporeal things of whatever kind, nature, or species. By "res," according to the modern civilians, is meant everything that may form an object of rights, in opposition to "persona," which is regarded as a subject of rights. "Res," therefore, in its general meaning, comprises actions [or CONSEQUENCES of choices and CONTRACTS/AGREEMENTS you make by procuring BENEFITS] of all kinds ; while in its restricted sense it comprehends every object of right, except actions. This has reference to the fundamental division of the Institutes that all law relates either to persons, to things, Res is everything that may form an object of rights and includes an object, subject-matter or status. In re Riggle's Will, 11 A.D.2d. 51 205 N.Y.S.2d. 19, 21, 22. The term is particularly applied to an object, subject- matter, or status, considered as the defendant [hence, the ALL CAPS NAME] in an action, or as an object against which, directly, proceedings are taken. Thus, in a prize case, the captured vessel is "the res"; and proceedings of this character are said to be in rem. (See In personam; In Rem.) "Res" may also denote the action or proceeding, as when a cause, which is not between adversary parties, is entitled "In re ______". or to actions.

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[ Black’s Law Dictionary, Sixth Edition, pp. 1304-1306]

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The civil status that represents the “res” , in turn, is governed by the law of domicile: 43

“There are certain general principles which control the disposition of this case. They are, in the main, well settled; the difficulty lies in their application to the particular facts of the case in hand. It is elementary that "every state has an undoubted right to determine the status, or domestic and social condition, of the persons domiciled within its territory, except in so far as the powers of the states in this respect are restrained, or duties and obligations imposed upon them by the constitution of the United States." Strader v. Graham, 10 How. 93. Again, the civil status is governed universally by one single principle, namely, that of domicile, which is the criterion established by law for the purpose of determining the civil status; for it is on this basis that the personal rights of a party, — that is to say, the law which determines his majority or minority, his marriage, succession, testacy, or intestacy, — must depend. Udny v. Udny, L. R., 1 H.L.Sc. 457.

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[Woodward v. Woodward, 11 S.W. 892, 87 Tenn. 644 (Tenn., 1889)]

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This leads to some big questions about what “operation of law” means. Below are some authorities we have found on the 54 subject: 55

Requirement for Consent

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

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