Requirement for Consent

Table 6: Public v. Private/Special law

1

# 1 2 3 4

Characteristic

Public law Collectively

Private/Special law

Individually Individuals

Consent provided Party consenting

Elected representatives

Indirectly

Directly

Your consent provided Consent procured through

Offer of enhanced protection/security Offer of special “privilege” or benefits, which are usually financial in nature

Voting for your elected representatives

Signing the contract Engaging in certain regulated, or licensed activities. E.g.: Contractor’s License, Business License, Marriage License, etc.

5

Consent manifested by you through

“Decree under legislative form” (see Loan Assoc. v. Topeka , 87 U.S. 655 (1974)) Unconstitutional act Tyranny Confusing Public law with private law Obfuscating law using “words of art”

Adhesion contract Usury Extortion Racketeering

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When consent procured through fraud or duress or absent constitutional authority or fully informed consent, law is called

Refusing to identify the privileged activities Making “excise taxes” on privileges appear like unavoidable “direct taxes” Making that which is a “code” and not positive law to appear as though it is

7

Tyranny and dishonesty in government manifested by

“Bill”

Offer Proposal Bid

8

Proposed version that has not yet been ratified is called

“Statute” “Legislation” “Enactment” “Positive law”

“Contract” “Code”

9

Ratified/enacted version called

Everyone equally within the

Only parties who provided consent

10 Law affects

territorial jurisdiction of the government (equal protection)

“Subject to” “Liable”

“Liable”

11 Those subject to the law are called

Limited by Constitution

Limited only by what parties will agree/consent to May be enforced by statute and without implementing regulations Can be enforced only in federal court if Federal government is party. Can be enforced only in state court if state government is a party. This is a result of the Separation of Powers Doctrine.

12 Limits upon content of law?

Requires implementing regulations published in the federal register Limited to territorial jurisdiction of enacting government

13 Enforceability of enacted/ratified version 14 Territorial enforcement authority

“All persons…” “Every person…” “All individuals…”

“A person…” “An individual…“ “A person subject to…”

15 Examples of language within such a law

Now let’s apply what we have learned in this section to a famous example: The Ten Commandments. We will 2 demonstrate for you how to deduce the nature of each commandment as being either “public law” or “private law”. The 3 rules are simple: 4

Requirement for Consent

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

EXHIBIT:________