The Law Class (1 of 1)
Property, within constitutional protection, denotes group of rights inhering in citizen's relation to physical thing, as right to possess, use and dispose of it. Cereghino v. State By and Through State Highway Commission, 230 Or. 439, 370 P.2d. 694, 697. [Black’s Law Dictionary, Fifth Edition, p. 1095] In a lawful de jure government under our constitution: 1. All “persons” are absolutely equal under the law. No government can have any more rights than a single human being, no matter how many people make up that government. If your neighbor can’t take your property without your consent, then neither can the government. 2. All property is CONCLUSIVELY presumed to be EXCLUSIVELY PRIVATE until the GOVERNMENT meets the burden of proof on the record of the legal proceeding that you EXPRESSLY consented IN WRITING to donate the property or use of the property to the PUBLIC: “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 upon payment of due compensation.” [Buddv. People of State ofNew York, 143 U.S. 517 (1892)] 3. You have to knowingly and intentionally DONATE your property to a public use and a PUBLIC purpose before the government can lawfully REGULATE its use. 4. That donation ordinarily occurs by applying for and/or using a license in connection with the use of SPECIFIC otherwise PRIVATE property. 5. The process of applying for or using a license cannot be compelled. 6. The consumer of your services has a right to do business with those who are unlicensed and if the government invades the commercial relationship between you and those you do business with, they are: 6.1. Interfering with your UNALIENABLE right to contract. 6.2. Compelling you to donate EXCLUSIVELY PRIVATE property to a PUBLIC use. 6.3. Exercising unconstitutional eminent domain over your otherwise PRIVATE property. 6.4. Compelling you to accept a public “benefit”, where the “protection” afforded by the license is the “benefit”.
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