Requirement for Consent

when granted, it becomes the property of the grantee, and is a private right, subject only to the governmental

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control growing out of its other nature as publici juris. 48 [American Jurisprudence 2d, Franchises, §4: Generally (1999)]

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The term “publici juris” as used above is defined as follows: 4

“ Publici juris /pjblasay jlins/. Lat. Of public right . The word "public" in this sense means pertaining to the people, or affecting the community at large; that which concerns a multitude of people; and the word "right," as so used, means a well-founded claim; an interest; concern; advantage; benefit. This term, as applied to a thing or right, means that it is open to or exercisable by all persons. It designates things which are owned by "the public;" that is, the entire state or community, and not by any private person . When a thing is common property, so that anyone can make use of it who likes, it is said to be publici juris; as in the case of light, air,

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and public water. ”

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[ Black’s Law Dictionary, Fifth Edition, p. 1106]

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Franchises are therefore an outgrowth of your absolute right to contract and they require either implicit or explicit consent 13 in order for the terms of the franchise agreement to be enforceable against you. They are public property. Based on the last 14 definition, they ALWAYS result in a conversion of YOUR formerly private property to public property, a public use, a 15 public purpose, and/or public office in the government, which is a polite way of saying that all those who participate must 16 do all the following in order to participate: 17 1. Donate their PRIVATE property to the public in order to qualify for “benefits”. 18 2. Surrender their right to own private property. 19 3. Transform from a sovereign to a subject and a serf. 20 4. Transform from a de jure citizen to nothing more than a federal “employee” or public officer on official business. 21 5. Join a socialist collective. 22 6. Consent to transform a de jure government into a de facto private corporate monopoly that not only doesn’t protect 23 private rights, but systematically destroys them and makes them illegal for all practical purposes. 24 7. Consent to allow your donations to the franchise to be illegally used to bribe other people to expand and perpetuate 25 “the system” and Ponzi scheme. 26

10.5.3

Basis for the legal authority to establish government franchises

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The basis for the legal authority to establish government franchises is the right to preemptively protect the public from 28 harmful or injurious activities: 29

1. This form of “protection” is called “regulation”. 2. Civil statutory law implements the regulation.

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3. The Executive Branch of the government institutes all enforcement actions that do the regulating. 32 4. The regulation or enforcement CANNOT lawfully be instituted against EXCLUSIVELY PRIVATE people or 33 activities. The right to regulate EXCLUSIVELY private rights and private property is repugnant to the constitution. 34 5. Those who are the subject of the regulation have to volunteer to be regulated by filling out a government application. 35 The process of APPLYING is synonymous with the implied consent of the applicant to BE civilly regulated. Such 36 applications are called by any of the following name: 37 5.1. License application. Examples: Driver License or Contractor License applications. 38 5.2. Registration. Examples: Vehicle registration or voter registration. 39 5.3. Application for a Social Security Number card, SSA Form SS-5. 40 5.4. Application for a Taxpayer Identification Number (TIN), I.R.S. Form W-9. 41 6. The process of applying for the “benefit” of the protection afforded by the regulation: 42 6.1. Constitutes implied or constructive consent to donate formerly PRIVATE property to a public use, public 43 purpose, or public office in order to procure the “benefits” of the franchise. 44 6.2. Changes the status of the property associated with the application or license number from ABSOLUTE ownership 45 to QUALIFIED ownership. You become the QUALIFIED owner and the GOVERNMENT becomes the LEGAL 46 owner, who can take the property away from you if you violate the terms of the franchise. 47

48 Georgia R. & Power Co. v. Atlanta, 154 Ga. 731, 115 S.E. 263; Lippencott v. Allander, 27 Iowa 460; State ex rel. Hutton v. Baton Rouge, 217 La. 857, 47 So.2d. 665; Tower v. Tower & S. Street R. Co. 68 Minn 500, 71 N.W. 691.

Requirement for Consent

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

EXHIBIT:________