Requirement for Consent

After the nations which subverted the Roman empire had abused their very conquests, the spirit of liberty called them back to that of equity. They exercised the most barbarous laws with moderation: and if any one should doubt the truth of this, he need only read Beaumanoir's admirable work on jurisprudence, written in the twelfth

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century.

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They mended the highways in his time as we do at present. He says, that when a highway could not be repaired, they made a new one as near the old as possible; but indemnified the proprietors at the expense of those who reaped any advantage from the road. 43 They determined at that time by the civil law; in our days, we determine

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by the law of politics.

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[The Spirit of Laws, Charles de Montesquieu, 1758, Book XXVI, Section 15; SOURCE: http://famguardian.org/Publications/SpiritOfLaws/sol_11.htm#001]

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6. Introduce new franchise courts that may not hear constitutional issues and force PRIVATE people into the courts. This 11 includes “traffic court”, “family court”, and “tax court”. This has the practical effect of DESTROYING their rights 12 because it removes constitutional and jury protections. Franchise judges are in the Executive Branch rather than the 13 Judicial Branch, and act in a POLITICAL rather than LEGAL capacity. They cannot act impartially and will always 14 side with the government: 15

“ When the legislative and executive powers are united in the same person, or in the same body of magistrates, there can be no liberty; because apprehensions may arise, lest the same monarch or senate

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should enact tyrannical laws, to execute them in a tyrannical manner.

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Again, there is no liberty, if the judiciary power be not separated from the legislative and executive. Were it joined with the legislative, the life and liberty of the subject would be exposed to arbitrary control; for the judge would be then the legislator. Were it joined to the executive power, the judge might behave with violence and

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oppression [sound familiar?].

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There would be an end of everything, were the same man or the same body, whether of the nobles or of the people, to exercise those three powers, that of enacting laws, that of executing the public resolutions, and of

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trying the causes of individuals. ”

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[. . .]

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In what a situation must the poor subject be in those republics! The same body of magistrates are possessed, as executors of the laws, of the whole power they have given themselves in quality of legislators. They may plunder the state by their general determinations; and as they have likewise the judiciary power in their

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hands, every private citizen may be ruined by their particular decisions. ” [The Spirit of Laws, Charles de Montesquieu, 1758, Book XI, Section 6; SOURCE: http://famguardian.org\Publications\SpiritOfLaws\sol_11.htm]

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7. Gag franchise judges in the Executive Branch from exposing the FRAUD by prohibiting them from entering 33 declaratory judgments in the case of “taxes” per the Declaratory Judgments Act, 28 U.S.C. §2201(a). This act can only 34 apply to statutory franchisees called “taxpayers”, but judges illegally apply it to NONTAXPAYERS as a way to 35 undermine and destroy the protection of private rights. It is a TORT when they do this. 36 8. When Americans discover that eligibility to franchises is the origin of government jurisdiction and try to quit, agencies 37 administering the program will tell people two contradictory statements: 38 8.1. That they ARE NOT allowed to quit. In the case of Social Security, this is NOT true, because there are processes 39 and procedures to quit that are HIDDEN from the public. See: 40 Resignation of Compelled Social Security Trustee , Form #06.002 http://sedm.org/Forms/FormIndex.htm 8.2. That participating is “voluntary”. If you CANNOT quit, it CANNOT be “voluntary”. Furthermore, if OTHER 41 people like your parents can sign you up WITHOUT your consent or even knowledge, as in the case of Social 42 Security, you can NEVER escape the program or the obligations of the franchise program. 43 Thus they interfere with their ability to escape jurisdiction and authority of those who administer the program. As long 44 as “benefit” eligibility is preserved and people are FORBIDDEN to quit, there ARE no constitutional rights in the 45 context of any federal benefit program: 46

“ The Government urges that the Power Company is estopped to question the validity of the Act creating the Tennessee Valley Authority , and hence that the stockholders, suing in the right of the corporation, cannot [297 U.S. 323] maintain this suit. ….. The principle is invoked that one who accepts the benefit of a statute cannot be heard to question its constitutionality. Great Falls Manufacturing Co. v. Attorney General, 124 U.S. 581;

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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

EXHIBIT:________