Requirement for Consent

Property within constitutional protection, denotes group of rights inhering in citizen’s relation to physical thing, as right to possess, use and dispose of it. Cereghino v. State By and Through State Highway

1

2

Commission, 230 Or. 439, 370 P.2d. 694, 697 .” [ Black’s Law Dictionary, Sixth Edition, p. 1216]

3

4

Sovereign immunity can apply just as readily to governments as it can to individuals. A person who doesn’t consent to any 5 aspect of government civil jurisdiction and who has no legal “domicile” or “residence” within that government’s 6 jurisdiction is called a “foreign sovereign”, and he or she or it is protected by the Foreign Sovereign Immunities Act found 7 at 28 U.S.C. Part IV, Chapter 97: 8

Foreign Sovereign Immunities Act (F.S.I.A.), 28 U.S.C. Part IV, Chapter 97 http://assembler.law.cornell.edu/uscode/html/uscode28/usc_sup_01_28_10_IV_20_97.html

Courts are not reluctant at all to recognize the principle of sovereign immunity in the context of foreign governments whose 9 existence they officially recognize. They must do this because if they don’t, they won’t get any cooperation from these 10 governments, which they frequently need in dealing with international problems. However, they are frequently much less 11 willing to recognize the equally inherent and divinely inspired sovereignty of natural persons or individuals because they 12 don’t want to interfere with their ability to con these people or entities into volunteering for their commercial insurance, 13 license, franchise, and other scams described above. Earlier courts, however, were much more honorable and therefore 14 willing to recognize this inherent sovereignty of natural persons. Below is one often quoted example used within the 15 freedom community: 16

"The individual may stand upon his constitutional rights as a citizen. He is entitled to carry on his private business in his own way. His power to contract is unlimited. He owes no duty to the State or to his neighbor to divulge his business, or to open his doors to an investigation, so far as it may tend to criminate him. He owes no such duty to the State, since he receives nothing therefrom, beyond the protection of his life and property. His rights are such as existed by the law of the land long antecedent to the organization of the State, and can only be taken from him by due process of law, and in accordance with the Constitution. Among his rights are a refusal to incriminate himself, and the immunity of himself and his property from arrest or seizure except under a warrant of the law. He owes nothing to the public so long as he does not trespass upon their rights."

17

18

19

20

21

22

23

24

[Hale v. Henkel, 201 U.S. 43 , 74 (1906)]

25

9.11.2

How sovereign immunity relates to federalism

26

The notion of sovereign immunity also provides a way to explain how the principle of federalism works, as we described it 27 in the previous section: 28

1. States of the Union qualify as “foreign states” and “foreign sovereigns” in relation to the federal government within the 29 context of statutory but not constitutional law. 30 2. “Citizens” and municipalities within these “foreign states” and “foreign sovereigns” may be described as 31 “instrumentalities of a foreign state”, by virtue of the fact that they directly administer the affairs of the foreign state 32 they occupy as voters and jurists and “taxpayers”. 33

TITLE 28 > PART IV > CHAPTER 97 > § 1603

34

§ 1603. Definitions

35

For purposes of this chapter —

36

(a) A “foreign state”, except as used in section 1608 of this title, includes a political subdivision of a foreign

37

state or an agency or instrumentality of a foreign state as defined in subsection (b). (b) An “agency or instrumentality of a foreign state” means any entity —

38

39

(1) which is a separate legal person, corporate or otherwise, and

40

(2) which is an organ of a foreign state or political subdivision thereof, or a majority of whose shares or

41

other ownership interest is owned by a foreign state or political subdivision thereof, and

42

(3) which is neither a citizen of a State of the United States as defined in section 1332 (c) and (d) of this

43

title, nor created under the laws of any third country.

44

3. The Supreme Court recognized how “citizens” administer the government they created and continue to sustain with 45 their tax dollars and as voters and jurists when they said: 46

“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

47

48

Requirement for Consent

221 of 396

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

EXHIBIT:________