Requirement for Consent

[Bouvier’s Maxims of Law, 1856;

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SOURCE: http://famguardian.org/Publications/BouvierMaximsOfLaw/BouviersMaxims.htm]

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4. Possess EQUAL sovereignty. The foundation of our Constitution is equal protection. No group of men or “state” or 3 government can have any more rights than a single man, because all of their powers are delegated to them by the 4 people they serve and were created to protect: 5

"But arbitrary selection can never be justified by calling it classification. The equal protection demanded by the fourteenth amendment forbids this. No language is more worthy of frequent and thoughtful consideration than these words of Mr. Justice Matthews, speaking for this court, in Yick Wo v. Hopkins, 118 U.S. 356, 369 , 6 S.Sup.Ct. 1064, 1071: 'When we consider the nature and the theory of our institutions of government, the principles upon which they are supposed to rest, and review the history of their development, we are constrained to conclude that they do not mean to leave room for the play and action of purely personal and arbitrary power.' The first official action of this nation declared the foundation of government in these words: 'We hold these truths to be self-evident, [165 U.S. 150, 160] that all men are created equal, that they are endowed by their Creator with certain unalienable rights, that among these are life, liberty, and the pursuit of happiness.' While such declaration of principles may not have the force of organic law, or be made the basis of judicial decision as to the limits of right and duty, and while in all cases reference must be had to the organic law of the nation for such limits, yet the latter is but the body and the letter of which the former is the thought and the spirit, and it is always safe to read the letter of the constitution in the spirit of the Declaration of Independence. No duty rests more imperatively upon the courts than the enforcement of those constitutional provisions intended to secure that equality of rights which is the foundation of free government. "

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[Gulf, C. & S. F. R. Co. v. Ellis, 165 U.S. 150 (1897)]

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In other words, everyone has a natural, inherent right of ownership over their own life, liberty, and property granted by the 22 Creator which can only be taken away by their own consent. The Declaration of Independence recognizes this natural right, 23 when it says: 24

“We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.--That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the

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governed ”

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[Declaration of Independence]

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The purpose for the establishment of all governments is therefore to protect these natural, God-given rights or what the U.S. 30 Supreme Court calls “liberty interests”. Neither the Constitution, nor any enactment of Congress passed in furtherance of it 31 confers these rights, but simply recognizes and protects these natural, God-given rights. The U.S. Supreme Court admitted 32 this when it said: 33

“Men are endowed by their Creator with certain unalienable rights,-'life, liberty, and the pursuit of happiness;' and to 'secure,' not grant or create, these rights, governments are instituted. That property [or income] which

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a man has honestly acquired he retains full control of . . .” [Budd v. People of State of New York, 143 U.S. 517 (1892)]

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In law, all rights are identified as “property”. This is confirmed by the definition of “property” in Black’s Law Dictionary, 38 which says that “It extends to every species of valuable right”: 39

“ Property. That which is peculiar or proper to any person; that which belongs exclusively to one . In the strict legal sense, an aggregate of rights which are guaranteed and protected by the government. Fulton Light, Heat & Power Co. v. State, 65 Misc.Rep. 263, 121 N.Y.S. 536. The term is said to extend to every species of valuable right and interest. More specifically, ownership; the unrestricted and exclusive right to a thing ; the right to dispose of a thing in every legal way, to possess it, to use it, and to exclude everyone else from interfering with it. That dominion or indefinite right of particular things or subjects. The exclusive right of possessing, enjoying, and disposing of a thing. The highest right a man can have to anything; being used to refer to that right which one has to lands or tenements, goods or chattels, which

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no way depends on another man’s courtesy.

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The word is also commonly used to denote everything which is the subject of ownership; corporeal or incorporeal, tangible or intangible, visible or invisible, real or personal; everything that has an exchangeable value or which goes to make up wealth or estate. It extends to every species of valuable right and interest, and includes real and personal property, easements, franchises, and incorporeal hereditaments, and includes every invasion of one’s property rights by actionable wrong. Labberton v. General Cas. Co. of America, 53

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Wash.2d. 180, 332 P.2d. 250, 252, 254.

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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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