Requirement for Consent

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" [I]t is unconstitutional for a legislature to remove from the jury the assessment of facts that increase the prescribed range of penalties to which a criminal defendant is exposed. It is equally clear that such facts

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must be established by proof beyond a reasonable doubt. "

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[McMillan v. Pennsylvania, 477 U.S. 79 (1986)]

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3. Has transformed “prima facie evidence” of law into legally admissible evidence if unchallenged. See 1 U.S.C. 6 §204, which says that the Internal Revenue Code is “prima facie” evidence, which means “presumed to be true” 7 unless rebutted. 8 4. Is implying that you, the litigant, gave your consent in some form to be bound by the legal provision which they 9 are referring to. This makes you look like a bad American and a criminal if you don’t challenge their presumption. 10 5. When their presumption of the existence of “law” is challenged, the moving party must shoulder the burden of 11 showing what form the consent was given. If they do not meet the burden of proof, then you should object to their 12 use of the word “law” in any and all cases. You should refer to all statements about such “law” as “hearsay” until 13 proven with other than “prima facie evidence”. 14 1. Whether a statute is positive law is helpful in establishing WHERE it may lawfully be enforced. Statutes which are not 16 positive law may not be lawfully enforced in states of the Union. 17 2. Statutes which are not positive law may be enforced only in the District of Columbia. 18 3. The Internal Revenue Code is not positive law. Therefore, it is “law” but may not be lawfully enforced inside states of 19 the Union, except possibly against “federal employees”, who according to Federal Rule of Civil Procedure 17(b) are 20 subject to the laws of the District of Columbia when acting in a representative capacity for the federal corporation 21 called the “United States”, and which is defined in 28 U.S.C. §3002(15)(A). That federal corporation is a domiciled 22 “U.S. citizen”, and so they become “U.S. citizens” when representing the corporation as federal “employees”. 23 Let us now summarize some important things we have learned about positive law: 15 A very important thing to understand is exactly HOW a private law franchise statute acquires what is called “the force of 25 law”. By “force of law”, we mean the legal authority to enforce it against a SPECIFIC person. This issue can be resolved 26 by asking and answering the following important questions. 27 1. FOR EXACTLY WHOM does the franchises statute have the “force of law”. In other words, what “status” under the 28 franchise statute does the authority to enforce attach to? 29 2. HOW does one lawfully acquire the “status” that is associated with the right to enforce it? 30 3. WHERE, meaning ON WHAT TERRITORY, may the status lawfully exist? 31 4. Is domicile a prerequisite for acquiring said status, or is individual consent the only mechanism required to acquire the 32 status. 33 5. If domicile is a prerequisite, then did you have a domicile in the correct place at the time you signed up? 34 6. Did you have the capacity to lawfully consent at the time you signed up for the benefit or franchise? 35 9.10.3 How Private Law Acquires the “Force of Law” 24

Those who consent individually to a private law are the only ones subject to its provisions. For them, such an enactment is 36 referred to as “special law”: 37

“special law. One relating to particular persons or things; one made for individual cases or for particular places or districts; one operating upon a selected class, rather than upon the public generally. A private law. A law is "special" when it is different from others of the same general kind or designed for a particular purpose, or limited in range or confined to a prescribed field of action or operation. A "special law" relates to either particular persons, places, or things or to persons, places, or things which, though not particularized, are separated by any method of selection from the whole class to which the law might, but not such legislation, be applied. Utah Farm Bureau Ins. Co. v. Utah Ins. Guaranty Ass'n, Utah, 564 P.2d. 751, 754. A special law applies only to an individual or a number of individuals out of a single class similarly situated and affected, or to a special locality. Board of County Com'rs of Lemhi County v. Swensen, Idaho, 80 Idaho 198, 327 P.2d. 361,

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362. See also Private bill; Private law. Compare General law; Public law.”

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[ Black’s Law Dictionary, Sixth Edition, pp. 1397-1398]

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All “special laws” are by individual consent of the parties only . “Special law” is a subset of and a type of “private law”. 49 An example of “special law” is a private contract between individuals. 50

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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