Requirement for Consent

The term “foreign estate” means an estate the income of which, from sources without the United States [U.S. Inc. the government] which is not effectively connected with the conduct of a trade or business [public office, per 26 U.S.C. §7701(a)(26)] within the United States[U.S. Inc. the government corporation, not the

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geographical “United States”], is not includible in gross income under subtitle A.

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Jesus warned of this above mechanism of enslaving you as follows: 5

“Most assuredly, I say to you, he who does not enter the sheepfold by the door, but climbs up some other way, the same is a thief and a robber. 2 But he who enters by the door is the shepherd of the sheep.”

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[John 10:1-2, Bible, NKJV]

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Consonant with the right of governments to CREATE franchises and the PUBLIC offices that animate them, is the right to 9 DEFINE every aspect of the thing they created: 10

But when Congress creates a statutory right [a “privilege” in this case, such as a “trade or business”], it clearly has the discretion, in defining that right, to create presumptions, or assign burdens of proof, or prescribe remedies; it may also provide that persons seeking to vindicate that right must do so before particularized tribunals created to perform the specialized adjudicative tasks related to that right [such as “Tax Court”, “Family Court”, “Traffic Court”] etc.].FN35 Such provisions do, in a sense, affect the exercise of judicial power, but they are also incidental to Congress' power to define the right that it has created. No comparable justification exists, however, when the right being adjudicated is not of congressional creation. In such a situation, substantial inroads into functions that have traditionally been performed by the Judiciary cannot be characterized merely as incidental extensions of Congress' power to define rights that it has created. Rather, such inroads suggest unwarranted encroachments upon the judicial power of the United States, which

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our Constitution reserves for Art. III courts.

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[Northern Pipeline Const. Co. v. Marathon Pipe Line Co., 458 U.S. at 83-84, 102 S.Ct. 2858 (1983)]

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11.2.4

UCC provisions useful in defeating franchises

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The key constraints that the U.C.C. places upon commercial transactions which are useful in defeating compelled 24 participation in franchises are the following: 25

1.

There are two parties to every transaction:

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1.1. Merchant (U.C.C. §2-104(1)). Sometimes also called a Creditor. 1.2. Buyer (U.C.C. §2-103(1)(a)). Sometimes also called a Debtor.

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2. The Merchant making the offer has the duty of giving NOTICE to the Buyer of the terms of the sale. U.C.C. §1.202. 29 3. The Merchant has the power and duty to define the precise MODE by which the Buyer signals acceptance of his/her/its 30 offer. U.C.C. §1.303. 31 4. The Buyer may signal non-acceptance by reserving all their rights pursuant to U.C.C. §1-308. 32 5. The language of the offer and the acceptance MUST be the same. Otherwise a meeting of minds has not occurred. See 33 U.C.C. §2-206(1). 34

Uniform Commercial Code

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§ 2-206. Offer and Acceptance in Formation of Contract.

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(1) Unless otherwise unambiguously indicated by the language or circumstances.

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6. A counteroffer by the original Buyer invalidates or modifies the original offer and turns the applicant from a Buyer to a 38 Merchant. U.C.C. §2-209. 39

Uniform Commercial Code

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§ 2-209. Modification, Rescission and Waiver.

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(1) An agreement modifying a contract within this Article needs no consideration to be binding.

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(2) An agreement in a signed record which excludes modification or rescission except by a signed record may not be otherwise modified or rescinded, but except as between merchants such a requirement in a form supplied

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by the merchant must be separately signed by the other party.

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(3) The requirements of Section 2-201 must be satisfied if the contract as modified is within its provisions.

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(4) Although an attempt at modification or rescission does not satisfy the requirements of subsection (2) or (3),

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it may operate as a waiver.

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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:________