Requirement for Consent

Table 1: Consent as the boundary between PUBLIC and PRIVATE as well as DOMESTIC and FOREIGN 1

Description

Without consent to become a statutory citizen

With consent to the civil statutory law

Type of right

PRIVATE

PUBLIC

Legal status in relation to government FOREIGN

DOMESTIC

Can acquire a statutory status under statutory civil law such as “taxpayer”, “driver”?

NO

YES

Presumptions

All rights are private until proven to be consensually donated to the public

All statuses and rights under statutes are presumed to be PUBLIC until proven to be PRIVATE.

PRIVATE rights by legal definition are beyond the control of all government and have to be left alone as a matter of law. 2 The right to be left alone, in fact, is what justice is defined as. 3

“The power to "legislate generally upon" life, liberty, and property, 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 Although the specific holdings of these early cases might have been superseded or modified, see, e.g., Heart of Atlanta Motel, Inc. v. United States, 379 U.S. 241 (1964); United States v. Guest, 383 U.S. 745 (1966), their treatment of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, not definitional, has not

4

5

6

7

8

9

been questioned.”

10

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

11

Only by VOLUNTARILY connecting PRIVATE rights with PUBLIC rights or civil statutory law can such rights be 12 regulated, taxed, or interfered with. Anyone in government asserting a right over your otherwise PRIVATE property has 13 the burden of showing that you consensually donated it to a public use. This was described by the U.S. Supreme Court as 14 follows: 15

“Men are endowed by their Creator with certain unalienable rights,- 'life, liberty, and the pursuit of happiness;' and to 'secure,' not grant or create, these rights, governments are instituted. That property [or income] which a man has honestly acquired he retains full control of, subject to these limitations: First, that he shall not use it to his neighbor's injury, and that does not mean that he must use it for his neighbor's benefit [e.g. SOCIAL SECURITY, Medicare, and every other public “benefit”]; second, that if he devotes it to a public use, he gives to the public a right to control that use; and third, that whenever the public needs require, the public may take it

16

17

18

19

20

21

22

upon payment of due compensation .”

23

[Budd v. People of State of New York, 143 U.S. 517 (1892)]

24

The U.S. Supreme Court also described how legal entities and persons transition from being FOREIGN to DOMESTIC in 25 relation to a specific court or venue, which is ONLY with their express consent. This process of giving consent is also 26 called a "waiver of sovereign immunity" and it applies equally to governments, states, and the humans occupying them. To 27 wit: 28

Before we can proceed in this cause we must, therefore, inquire whether we can hear and determine the matters in controversy between the parties, who are two states of this Union, sovereign within their respective boundaries, save that portion of power which they have granted to the federal government, and foreign to each other for all but federal purposes. So they have been considered by this Court, through a long series of years and cases, to the present term; during which, in the case of The Bank of the United States v. Daniels, this Court has declared this to be a fundamental principle of the constitution; and so we shall consider it in deciding Those states, in their highest sovereign capacity, in the convention of the people thereof; on whom, by the revolution, the prerogative of the crown, and the transcendant power of parliament devolved, in a plenitude unimpaired by any act, and controllable by no authority, 6 Wheat. 651; 8 Wheat. 584, 88; adopted the constitution, by which they respectively made to the United States a grant of judicial power over controversies between two or more states. By the constitution, it was ordained that this judicial power, in cases where a state was a party, should be exercised by this Court as one of original jurisdiction. The states waived their exemption from judicial power, 6 Wheat. 378, 80, as sovereigns by original and inherent right, by their own grant of its exercise over themselves in such cases, but which they would not grant to any inferior tribunal. By this grant, this Court has acquired jurisdiction over the parties in this cause, by their own consent and delegated authority; as their agent for executing the judicial power of the United States in the cases specified. on the present motion. 2 Peters, 590, 91.

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30

31

32

33

34

35

36

37

38

39

40

41

42

43

44

45

Requirement for Consent

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

EXHIBIT:________