Requirement for Consent

Table 7: Applicability of laws of United States to various jurisdictions 1 # Description

Applicable Jurisdiction

District of Columbia Only (“United States”)

States of the Union (“several States”)

Territories and Insular Possessions

X

1

Jurisdiction of Clause 1 of 1 U.S.C. §204(a) above Jurisdiction of Clause 2 of 1 U.S.C. §204(a) above

X

X

X

2

Prima facie law Not “positive law”

Positive law

Positive law

3

Type of law

No

Yes

Yes

4

Regulations must be published in Federal Register?

28 U.S.C. §1332(d)

Constitution 26 U.S.C. §4612 State-State of the Union

4 U.S.C. §110(d) State=Territory 26 U.S.C. §3121(e)

5

“State” defined in

Federal employees, agencies, military, and benefit recipients (see 44 U.S.C. §1505(a)(1) and 5 U.S.C. §553(a)) These laws are excluded by 28 U.S.C. §1366 28 U.S.C. §1603

No one

No one

6

When no implementing regulations published in the Federal Register, statutes can only apply to

Not excluded by 28 U.S.C. §1366

Not excluded by 28 U.S.C. §1366

7

Jurisdiction of federal district courts assigned to this area by

“Code section”

“Statute” “Legislation” “Law”

“Statute” “Legislation” “Law”

8

Sections from U.S. Code that are applicable exclusively here are called Type of law applying here is

Private law

Public law

Public law

9

Therefore, based on the above, we can safely conclude the following: 2

1. Sections from the U.S. Code that are not positive law can only apply in the District of Columbia and no place else. 3 2. All law applying exclusively to the District of Columbia is “Private law” that applies only to federal employees, 4 agencies, military, and benefit recipients. 5 3. Sections of the U.S. Code which are not positive law: 6 3.1. May not be called “law” or a “statute” or “legislation”, because they were never enacted by the consent of the 7 governed. Consent of the sovereign is the only thing that can create “law”, “statutes”, or “legislation”. 8 3.2. Fall in the category of “all needful rules” found in Article 4, Section 3, Clause 2 of the United States Constitution 9 and are intended only to manage government and not private property. They in effect are “compacts” that apply 10 to those who consent, rather than “law” or “positive law” that applies to everyone. 11 An example of wording that can be used to make law positive is in the Fifth Amendment to the U.S. Constitution. By 12 starting out “No person…” it is clear that no one is excluded. In statutes, a phrase such as “any person is required” is used 13 to indicate that the statute applies to anyone. When Congress omits the word “is” from such a phrase, making it read “any 14 person required” (as in 26 U.S.C. §7203), it is saying that this law only applies to a specific person. This is not a positive 15 law, it is a “special law” or “private law” which became “law” by virtue of the consent of that specific individual. It only 16 applies to the person who exercised his personal choice (sovereignty) to become effectively connected with it by accepting 17 some duty that made him a “person required,” i.e. the person in section 7343 of the I.R. Code who is under a duty to 18 perform the act in respect of which the violation occurs. 19 Acquiescence to the legal consequence of non-positive law legislation is possible only when a person makes himself 20 subject to that legislation, i.e. a Federal Government statutory “employee”, instrumentality, or contractor, as to income 21 belonging to the U.S. Government. Once a person is effectively connected with a law, he is required to obey it. If a person 22 is not “effectively connected” with such a law, a violation of that law is not legally possible. For example, it is impossible 23 for a person who is not connected with the U.S. Government ’s (called a “trade or business”) income or within federal 24 jurisdiction to be under a legal obligation or condition to perform some act or duty with regard to such income. When no 25 legal duty exists, the consequences of Internal Revenue Code section 7203 cannot be legally forced upon him. 26

Lastly, if you are engaged in litigation against “the Beast”, be very careful in your use of the word “law”. Anyone who 27 refers to any code section within the Internal Revenue Code as “law” during a court trial: 28

1. Is committing FRAUD, because there are two great classes of statutes: “law”, and “compact”, and they are 29 enforcing the equivalent of a compact or franchise rather than a positive law or “law” : 30

Requirement for Consent

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

EXHIBIT:________