Requirement for Consent

“ Yet, it is to be remembered, and that whether in its real origin, or in its artificial state, allegiance, as well as fealty, rests upon lands, and it is due to persons. Not so, with respect to Citizenship, which has arisen from the dissolution of the feudal system and is a substitute for allegiance, corresponding with the new order of things. Allegiance and citizenship, differ, indeed, in almost every characteristic. Citizenship is the effect of compact [CONTRACT!]; allegiance is the offspring of power and necessity. Citizenship is a political tie; allegiance is a territorial tenure. Citizenship is the charter of equality; allegiance is a badge of inferiority. Citizenship is constitutional; allegiance is personal. Citizenship is freedom; allegiance is servitude. Citizenship is communicable; allegiance is repulsive. Citizenship may be relinquished; allegiance is perpetual. With such essential differences, the doctrine of allegiance is inapplicable to a system of citizenship; which it can neither serve to controul, nor to elucidate. And yet, even among the nations, in which the law of allegiance is the most firmly established, the law most pertinaciously enforced, there are striking deviations that demonstrate the invincible power of truth, and the homage, which, under every modification of government, must be paid to the inherent rights of man….. The doctrine is, that allegiance cannot be due to two sovereigns; and taking an oath of allegiance to a new, is the strongest evidence of withdrawing allegiance from a previous, sovereign ….”

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[Talbot v. Janson, 3 U.S. 133 (1795); From the syllabus but not the opinion;

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SOURCE:

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http://www.law.cornell.edu/supct/search/display.html?terms=choice%20or%20conflict%20and%20law&url=/s

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upct/html/historics/USSC_CR_0003_0133_ZS.html]

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Note the sentence: “ Citizenship is the effect of compact [CONTRACT!] ”. By calling yourself a “citizen”, you: 19

1. Identify yourself as a consenting party to the social compact/contract. 20 2. Make yourself subject to the civil laws that implement the contract. 21 3. Consent to be governed by the sovereignty executing that social contract. 22

Even the author of The Law Of Nations, which is the document upon which the U.S.A. Constitution was based by the 23 founding fathers, acknowledged that all civilizations are based upon compact and contract, called this contract the "social 24 compact", and said that when the government fails to be accountable for the protection sought, those being protected have a 25 right to leave said society. 30 Notice that the author, Vattel, refers to the parties to the social compact as "contracting 26 parties". 27

The Law of Nations, Book I: Of Nations Considered in Themselves § 223. Cases in which a citizen has a right to quit his country.

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There are cases in which a citizen has an absolute right to renounce his country, and abandon it entirely — a

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right founded on reasons derived from the very nature of the social compact .

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1. If the citizen cannot procure subsistence in his own country, it is undoubtedly lawful for him to seek it elsewhere. For, political or civil society being entered into only with a view of facilitating to each of its members the means of supporting himself, and of living in happiness and safety, it would be absurd to pretend that a member, whom it cannot furnish with such things as are most necessary, has not a right to leave it. 2. If the body of the society, or he who represents it, absolutely fail to discharge their obligations [of protection] towards a citizen, the latter may withdraw himself. For, if one of the contracting parties does not observe his engagements, the other is no longer bound to fulfil his; as the contract is reciprocal between the society and its members. It is on the same principle, also, that the society may expel a member who violates its 3. If the major part of the nation, or the sovereign who represents it, attempt to enact laws relative to matters in which the social compact cannot oblige every citizen to submission, those who are averse to these laws have a right to quit the society, and go settle elsewhere. For instance, if the sovereign, or the greater part of the nation, will allow but one religion in the state, those who believe and profess another religion have a right to withdraw, and take with them their families and effects. For, they cannot be supposed to have subjected themselves to the authority of men, in affairs of conscience; 3 and if the society suffers and is weakened by their departure, the blame must be imputed to the intolerant party; for it is they who fail in their observance of the social compact — it is they who violate it, and force the others to a separation. We have elsewhere touched upon some other instances of this third case, — that of a popular state wishing to have a sovereign (§ 33), and laws.

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that of an independent nation taking the resolution to submit to a foreign power (§ 195).

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[The Law of Nations, Book 1, Section 223, Vattel; SOURCE:

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http://famguardian.org/Publications/LawOfNations/vattel_01.htm#§%20224.%20Emigrants]

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30 See Article 1, Section 8, Clause 10 of the United States Constitution, which mentions the “Law of Nations”.

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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