Requirement for Consent

“The power to "legislate generally upon" life, liberty, and property [of PRIVATE citizens], as opposed to the "power to provide modes of redress" against offensive state action, was "repugnant" to the Constitution. Id., at 15. See also United States v. Reese, 92 U.S. 214, 218 (1876); United States v. Harris, 106 U.S. 629, 639 (1883); James v. Bowman, 190 U.S. 127, 139 (1903). Although the specific holdings of these early cases might have been superseded or modified, see, e.g., Heart of Atlanta Motel, Inc. v. United States, 379 U.S. 241 (1964); United States v. Guest, 383 U.S. 745 (1966), their treatment of Congress' §5 power as corrective or preventive,

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not definitional, has not been questioned.”

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[ City of Boerne v. Florez, Archbishop of San Antonio, 521 U.S. 507 (1997) ]

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This is confirmed, for instance, by:

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1. 26 U.S.C. §6331(a), which is the ONLY person against whom levy and distraint (enforcement) may be instituted. 10 2. 26 U.S.C. §7343, which defines “person” for the purposes of the criminal provisions of the Internal Revenue Code as: 11

“. . .an officer or employee of a corporation, or a member or employee of a partnership, who as such officer, employee, or member is under a duty to perform the act in respect of which the violation occurs.”

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3. 26 U.S.C. §6671(b), which defines “person” for the purposes of the penalty provisions of the Internal Revenue Code 14 as: 15

“. . .an officer or employee of a corporation, or a member or employee of a partnership, who as such officer, employee, or member is under a duty to perform the act in respect of which the violation occurs.”

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Incidentally, the “duty” they are talking about above is fiduciary duty as a “transferee” over federal payments. This 18 fiduciary duty is then defined in 26 U.S.C. §6903. The fiduciary duty was created when you signed up to be a “trustee” for 19 the Social Security Trust by signing and submitting SSA Form SS-5. A trustee is a person who has a fiduciary duty to the 20 Beneficiary of the trust. Your elected representatives in the District of Columbia are the beneficiary of the trust, which has 21 a domicile in the District of Columbia pursuant to Federal Rule of Civil Procedure 17(b). See the following for exhaustive 22 details on this scam: 23

Resignation of Compelled Social Security Trustee , Form #06.002 http://sedm.org/Forms/FormIndex.htm

Another very important point about codes that are not “positive law” needs to be made here, which is that those codes 24 within the U.S. code which are not “positive law”, such as the Internal Revenue Code, are described simply as “prima facie 25 evidence” of law. 1 U.S.C. §204 and the notes thereunder describe the Internal Revenue Code as a “code” or a “title”, but 26 NEVER as a “law”. Below is the text of 1 U.S.C. §204 to demonstrate this: 27

TITLE 1 > CHAPTER 3 > §204

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§204. Codes and Supplements as evidence of the laws of United States and District of Columbia; citation of

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Codes and Supplements

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In all courts, tribunals, and public offices of the United States, at home or abroad, of the District of Columbia,

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and of each State, Territory, or insular possession of the United States —

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(a) United States Code. —

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The matter set forth in the edition of the Code of Laws of the United States current at any time shall, together with the then current supplement, if any, establish prima facie the laws of the United States, general and permanent in their nature, in force on the day preceding the commencement of the session following the last session the legislation of which is included : Provided, however, That whenever titles of such Code shall have been enacted into positive law the text thereof shall be legal evidence of the laws therein contained, in all the courts of the United States, the several States, and the Territories and insular possessions of the United

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States.

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The term “prima facie evidence” is a fancy legal term or “word of art” that simply means “presumed to be law until 41 rebutted with substantive evidence”. “Prima facie” means “presumed”: 42

“ Prima facie . Lat. At first sight; on the first appearance; on the face of it; so far as can be judged from the first disclosure; presumably; a fact presumed to be true unless disproved by some evidence to the contrary. State ex rel. Herbert v. Whims, 68 Ohio App. 39, 28 N.E.2d. 596, 599, 22 O.O. 110. See also Presumption”

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[ Black’s Law Dictionary, Sixth Edition, p. 1189]

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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:________