Requirement for Consent

surrendered by the citizenship [DOMICILE, not NATIONALITY] 1 to the agencies of government. The people's rights are not derived from the government, but the government's authority comes from the people. The Constitution but states again these rights already existing, and when legislative encroachment by the nation, state, or municipality invade these original and permanent rights, it is the duty of the courts to so declare, and to afford the necessary relief. The fewer restrictions that surround the individual liberties of the citizen, except those for the preservation of the public health, safety, and morals, the more contented the people

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and the more successful the democracy.” [City of Dallas v. Mitchell, 245 S.W. 944 (1922)]

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"... Our government is founded upon compact. Sovereignty was, and is, in the people"

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[Glass v. Sloop Betsey, 3 Dall. (U.S.) 6 (1794)]

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"In common usage, the term 'person' does not include the sovereign, and statutes employing the word are

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ordinarily construed to exclude it."

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[Wilson v. Omaha Indian Tribe 442 U.S. 653, 667 (1979)]

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“Homo vocabulum est naturae; persona juris civillis. Man (homo) is a term of nature; person (persona) of civil

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law. “

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[ Black’s Law Dictionary, Second Edition (A. D.1910), p. 577)]

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"the word `person' in legal terminology is perceived as a general word which normally includes in its scope a

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variety of entities other than human beings., see e.g. 1, U.S.C. para 1." [Church of Scientology v. US Department of Justice (1979) 612 F.2d. 417 @425]

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1.1 Requirement for consent is the FOUNDATION of our system of civil law 20

This requirement for consent of the governed is also the foundation for our system of law, starting with the Declaration of 21 Independence and going down from there. Anything Not consensual is, by definition, UNJUST per the organic law: 22

“That to secure these rights, governments are instituted among men, deriving their just powers from the

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consent of the governed .” [Declaration of Independence]

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Some people ignorantly argue that the Declaration of Independence cited above is not “LAW” and they are wrong. The 26 very first enactment of Congress on p. 1 of volume 1 of the Statutes At Large incorporated the Declaration of Independence 27 as the laws of this country. Don’t believe us on this critical point? Watch Judge Andrew Napolitano say the same thing. 28 He also says that law is THE MOST VIOLATED provision of law in existence: 29

Judge Andrew Napolitano says the Declaration of Independence is LAW enacted by Congress , Exhibit #03.006 http://sedm.org/Exhibits/ExhibitIndex.htm

The U.S. Supreme Court recognized the above requirement of the Declaration of Independence by holding that there are 30 ONLY two ways that any government civil enactment can acquire the “force of law” against anyone, and both of them 31 require your CONSENT in some form: 32

“All the powers of the government [including ALL of its civil enforcement powers against the public] must be carried into operation by individual agency, either through the medium of public officers, or contracts made

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with [private] individuals. ”

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[Osborn v. Bank of U.S., 22 U.S. 738 (1824)]

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Consequently, whenever the government seeks to civilly enforce against you, it has the burden of proving ONE of the 37 following two requirements to demonstrate that authority to civilly govern, both of which require consent in some form: 38

1. You CONSENTED to either lawfully occupy a public office in the government OR; 39 2. You have a contract with them, where the “social compact” that implements the civil law is the “contract”. 40

This burden of proof is the SAME burden of proof that YOU have to meet when you sue them: Consent to be sued in 41 writing in the form of a statute expressly waiving sovereign immunity. Sovereign immunity goes BOTH ways because all 42

1 See: Why Domicile and Becoming a “Taxpayer” Require Your Consent , Form #05.002; http://sedm.org/Forms/05-MemLaw/Domicile.pdf.

Requirement for Consent

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

EXHIBIT:________