Requirement for Consent

1. Want to label everything they pass, including “private law”, as “public law”. 1 2. Mix and confuse private law with public law and make the two indistinguishable. For instance, when they propose a 2 bill, they will call it a “public law” and then load it down with a bunch of pork barrel “private law” provisions. 3 3. Make it so confusing and difficult to distinguish what is public law from what is private law, that people will just give 4 up and be forced to assume falsely that everything is “public law”. The result is the equivalent of “government 5 idolatry”: Assuming authority that does not lawfully exist. 6 4. Call those who figure out their ruse and call them on it “frivolous” so that they don’t have to take responsibility for 7 KNOWING that they are deceiving and injuring the public rather than protecting them as the Constitution requires. 8 One last important concept needs to be explained about how to distinguish Public Law or Private law. When reading a 9 statute or code, if the law uses such phrases as “All persons..” or “Everyone..” or “All individuals..”, then it applies equally 10 to everyone and therefore is most likely a “public law”. If the code uses such phrases as “An individual…” instead of “All 11 individuals..”, then it is probably a private or special law that only applies to those who consent to it. The only element 12 necessary in addition to such language in order to make such a section of code into “law” is the consent of the governed, 13 which means the section of code must be formally enacted by the sovereigns within that system of government. If it was 14 never enacted through such consent of the governed, then it can’t be described as “law”, except possibly to those specific 15 individuals who, through either and explicit signed written agreement or their conduct, express their consent to be bound by 16 it. 17

9.10.2

Positive Law

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There are only two types of governments: government by consent (contract) or terrorist government. All governments that 19 operate by force or fraud rather than consent are terrorist governments. The Declaration of Independence says that all just 20 powers of the United States government derive from the consent of the governed. 21

“That to secure these rights, governments are instituted among men, deriving their just powers from the consent

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of the governed.”

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[Declaration of Independence]

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Absent individual, explicit, and voluntary consent for everything that government does in this country, a civil law may not 25 be enforced and may not adversely affect our Constitutional rights to life, liberty or property. In a Republic of free and 26 sovereign People who have unalienable constitutional rights, any government that disregards the requirement for consent is 27 essentially acting unjustly and involving itself in organized crime, extortion, and terrorism. A law which is enforceable 28 because the people either individually or collectively consented explicitly to it is called positive law: 29

“ Positive law . Law actually and specifically enacted or adopted [consented to] by proper authority for the

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government of an organized jural society. See also Legislation.”

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[ Black’s Law Dictionary, Sixth Edition, p. 1162]

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“Proper authority” above is the people’s elected representatives, because all power in this country derives from We The 33 People. 34

“In the United States, sovereignty resides in the people …the Congress cannot invoke sovereign power of the

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People to override their will as thus declared.”

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[Perry v. U.S., 294 U.S. 330 (1935)]

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“ Sovereignty itself is, of course, not subject to law, for it is the author and source of law …While sovereign

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powers are delegated to…the government, sovereignty itself remains with the people .”

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[Yick Wo v. Hopkins, 118 U.S. 356 (1886)]

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“The words 'people of the United States' and 'citizens,' are synonymous terms, and mean the same thing. They both describe the political body who, according to our republican institutions, form the sovereignty, and who hold the power and conduct the government through their representatives. They are what we familiarly call the 'sovereign people,' and every citizen is one of this people, and a constituent member of this sovereignty. ..."

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[Boyd v. State of Nebraska, 143 U.S. 135 (1892)]

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There is only one exception to the above rule, which is that a person who commits a crime that injures the rights of a fellow 46 sovereign thereby surrenders his own rights because he has broken his covenant with God to “love his neighbor” (see Gal 47 5:14), which is one of only two great commandments in the Bible (see Matt. 22:39, Bible). Such an exception as this, 48 however, does not at all apply to so-called “crimes” within the Internal Revenue Code, because no one’s “rights” are 49

Requirement for Consent

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

EXHIBIT:________