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Thank you for clarifying constitutional law. So now I know that I have no other rights to pursue any kind happiness except becoming a slumlord.
A. "Pursuit of Happiness" is from the Declaration of Independence.
B. Inalienable rights include, but are not limited to : Life, Liberty and Property.
C. Liberty has four types: natural, personal, civil and political. When Patrick Henry boldly stated, "Give me liberty or give me death...", he was referring to the former 2, not the latter 2 liberties.
NATURAL LIBERTY - The power of acting as one thinks fit, without any restraint or control, unless by the law of nature. The right which nature gives to all mankind of disposing of their persons and property after the manner in which they judge most consistent with their happiness, on condition of their acting within the limits of the law of nature, and so as not to interfere in the equal exercise of the same rights by other men. 1 Blackstone's Commentaries, 123,
- - - Black's Law Dictionary, Sixth edition, p.919
PERSONAL LIBERTY - The right or power of locomotion; of changing situation, or moving one's person to whatsoever place one's own inclination may direct, without imprisonment or restraint, unless by due course of law. 1 Bl. Comm. 125.
Black's Law Dictionary, Sixth Ed., p. 919
In essence, the Declaration of Independence recognized that men are endowed with the right to life (and all harmless actions in support of that life), natural liberty (exercised upon one's domain), personal liberty (right to travel upon the public highways and waterways), and the right to absolutely own themselves, their labor and that which they acquired by their labor - land, houses, chattels, etc.
A. "Pursuit of Happiness" is from the Declaration of Independence.
B. Inalienable rights include, but are not limited to : Life, Liberty and Property.
C. Liberty has four types: natural, personal, civil and political. When Patrick Henry boldly stated, "Give me liberty or give me death...", he was referring to the former 2, not the latter 2 liberties.
NATURAL LIBERTY - The power of acting as one thinks fit, without any restraint or control, unless by the law of nature. The right which nature gives to all mankind of disposing of their persons and property after the manner in which they judge most consistent with their happiness, on condition of their acting within the limits of the law of nature, and so as not to interfere in the equal exercise of the same rights by other men. 1 Blackstone's Commentaries, 123,
- - - Black's Law Dictionary, Sixth edition, p.919
PERSONAL LIBERTY - The right or power of locomotion; of changing situation, or moving one's person to whatsoever place one's own inclination may direct, without imprisonment or restraint, unless by due course of law. 1 Bl. Comm. 125.
Black's Law Dictionary, Sixth Ed., p. 919
In essence, the Declaration of Independence recognized that men are endowed with the right to life (and all harmless actions in support of that life), natural liberty (exercised upon one's domain), personal liberty (right to travel upon the public highways and waterways), and the right to absolutely own themselves, their labor and that which they acquired by their labor - land, houses, chattels, etc.
That brings us to another issue. How to justify taxing us on land, houses, chattle, labor & the money those things may bring in. There is much more wrong with the way we do things than right. Acording to the constitution anyway.
Jefferson was influenced by John Locke's "life, liberty and property"..
Jefferson was also influenced by a slave lady. How does that cast any light on what the Constitution SAYS? Or MEANS?
Sorry, you are trying to put way, way too many eggs in that basket. Can't you develop any argument any better than constantly screaming "Locke Locke Locke", and then highly cherry-picking your interpretation of Locke when you do?
That brings us to another issue. How to justify taxing us on land, houses, chattle, labor & the money those things may bring in. There is much more wrong with the way we do things than right. Acording to the constitution anyway.
Private property (absolutely owned) is not subject to taxation.
Estate (held with qualified ownership) is subject to taxation.
Since 1935, voluntary socialists do not own private property, thus everything is subject to taxation.
In the States, all taxes are voluntary and based on excise taxes on privileges, not rights.
"Income" taxes on wages is authorized by voluntary participation in national socialism. That compact sidesteps the constitutional limitations. Remember, no state can impair the obligations of a contract.
Jefferson was also influenced by a slave lady. How does that cast any light on what the Constitution SAYS or MEANS?
Jefferson didn't write the U.S. Constitution (1787) - he was in France at the time. He authored the Declaration of Independence (1776).
The U.S. constitution is a compact for specific performance between the States united and the "United States, in Congress assembled" (aka the Federal government).
The Declaration of Independence is not a compact. However, in the Statutes at Large of the United States of America, it is listed as Statute #1. I can only infer that it's the primary law that underpins all other laws in the U.S.A.
Accordingly, job #1 is to secure rights, job#2 is to govern those who consent.
Sorry, you are trying to put way, way too many eggs in that basket. Can't you develop any argument any better than constantly screaming "Locke Locke Locke", and then highly cherry-picking your interpretation of Locke when you do?
Methinks you misread too much betwixt the lines.
" We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. --That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed..."
--- Declaration of Independence, 1776
Restating: job #1 is to secure rights (life, liberty, property), job #2 govern those who consent.
INHERENT POWERS - Those which are enjoyed by the possessors of natural right, without having been received from another. Such are the powers of a people to establish a form of government, of a father to control his children.
Black's Law Dictionary, Sixth Ed., p. 1170
ABSOLUTE RIGHTS - ... which are such as appertain and belong to particular men, merely as individuals or single persons...
NATURAL RIGHTS - ... are the rights of life, liberty, privacy, and good reputation.
Black's Law Dictionary, Sixth Ed., p. 1324
NATURAL LIBERTY - The power of acting as one thinks fit, without any restraint or control, unless by the law of nature. The right which nature gives to all mankind of disposing of their persons and property after the manner in which they judge most consistent with their happiness, on condition of their acting within the limits of the law of nature, and so as not to interfere in the equal exercise of the same rights by other men. 1 Blackstone's Commentaries, 123,
- - - Black's Law Dictionary, Sixth edition, p.919
"The right to labor and to its protection from unlawful interference is a constitutional as well as a common-law right. Every man has a natural right to the fruits of his own industry."
48 Am Jur 2d, Section 2, p. 80
PRIVATE PROPERTY - As protected from being taken for public uses, is such property as belongs absolutely to an individual, and of which he has the exclusive right of disposition. Property of a specific, fixed and tangible nature, capable of being in possession and transmitted to another, such as houses, lands, and chattels. - - - Black's Law dictionary, sixth ed., p.1217
OWNERSHIP - ... Ownership of property is either absolute or qualified. The ownership of property is absolute when a single person has the absolute dominion over it... The ownership is qualified when it is shared with one or more persons, when the time of enjoyment is deferred or limited, or when the use is restricted. - - -Black's Law dictionary, sixth ed., p. 1106
In essence, Americans are endowed with sovereignty, freedom and independence, until they surrender it, by voluntary consent, to be a subject socialist peon.
SOCIALISM - A political and economic theory advocating collective ownership of the means of production and control of distribution. It is based upon the belief that all, while contributing to the good of the community, are equally entitled to the care and protection which the community can provide.
--- Webster's dictionary
Socialist InSecurity is a voluntary system, that has been foisted on unsuspecting Americans since 1935. We sold ourselves and our children into bondage. Shame shame shame.
Private property (absolutely owned) is not subject to taxation.
Estate (held with qualified ownership) is subject to taxation.
Since 1935, voluntary socialists do not own private property, thus everything is subject to taxation.
In the States, all taxes are voluntary and based on excise taxes on privileges, not rights.
"Income" taxes on wages is authorized by voluntary participation in national socialism. That compact sidesteps the constitutional limitations. Remember, no state can impair the obligations of a contract.
Now it is perfectly clear exactly where you are coming from. Not from the consteitution or Jeffereson , but from 2-4 pm on AM band. Next card in your daytime radio talking points rolodex, please.
A review of posts leads me to conclude that most folks do not know of what they speak. Before entering into verbal combat, let us hone our tools of discernment and vocabulary.
Can we agree that we do not wish to be robbed nor killed?
Good.
We share the concept that our right to life, the fruits of our labor and that which we acquire are ours, and not subject to anyone else. Our individual rights are not at the mercy of any one or group of people.
Do we agree that cooperation in support and defense of our rights is a good thing?
Good.
So a government formed in mutual defense of our rights to life, liberty and property is acceptable.
According to the Declaration of Independence, governments are instituted among men to (a) secure rights, and (b) govern by consent of the governed.
Is that acceptable to all?
If you haven't given consent to be governed, all government is authorized to do is use its awesome power in support of your right to life, liberty, private property and other sundry rights, not explicitly mentioned.
And as part of your right to life, do you have the inalienable right to engage in any harmless activity that supports that right to life?
Yes.
Now we're getting close to the "good stuff".
If you haven't given consent to be governed, and not submitted yourself (and your property) to the government, then the government is your servant.
Is that acceptable?
"Government is not Sovereignty. Government is the machinery or expedient for expressing the will of the sovereign power."
City of Bisbee v. Cochise County, 78 P. 2d 982, 986, 52 Ariz. 1
Excellent! The government agrees with us, so far.
But what is a sovereign and what is sovereignty?
SOVEREIGN - A person, body or state in which independent and supreme authority is vested...
Black's Law Dictionary Dictionary, Sixth Edition, p. 1395.
SOVEREIGNTY - ...By "Sovereignty", in its largest sense is meant supreme, absolute, uncontrollable power, the absolute right to govern.
Black's Law Dictionary Dictionary, Sixth Edition, p. 1396.
Who or what is the sovereign power, if the government is not sovereignty?
"People are supreme, not the state."
Waring v. the Mayor of Savannah, 60 GA at 93.
"The people of the state, as the successors of its former sovereign, are entitled to all the rights which formerly belonged to the king by his own prerogative."
Lansing v. Smith, (1829) 4 Wendell 9, (NY)
"At the Revolution, the sovereignty devolved on the people and they are truly the sovereigns of the country."
Chisholm v. Georgia, 2 Dall. 440, 463
Do you agree that the AMERICAN PEOPLE are sovereign?
Good.
Let's figure out what the government is.
"...In America, however, the case is widely different. Our government is founded upon compact. Sovereignty was, and is, in the people."
Glass vs The Sloop Betsey, 3 Dall 6 (1794)
What compact?
"But, indeed, no private person has a right to complain, by suit in Court, on the ground of a breach of the Constitution. The Constitution, it is true, is a compact, but he is not a party to it. The States are the parties to it....."
- - -Padelford, Fay & Co. vs. Mayor and Alderman, City of Savannah, 14 Ga. 438, 520 (1854) Supreme Court of Georgia
The U.S. Constitution is a compact between the States united and the United States, in Congress assembled.
Wait, aren't "we, the people" part of that compact?
Not if you're a private person, and one of the sovereign people.
Why?
"... the term 'citizen,' in the United States, is analogous to the term "subject" in the common law; the change of phrase has resulted from the change in government. ... he who before was a "subject of the King" is now a citizen of the State."
State v. Manuel, 20 N.C. 144 (1838)
"CITIZEN - ... Citizens are members of a political community who, in their associative capacity, have established or submitted themselves to the dominion of government for the promotion of the general welfare and the protection of their individual as well as collective rights. "
- - - Black's Law Dictionary,Sixth Ed. p.244
"SUBJECT - One that owes allegiance to a sovereign and is governed by his laws.
...Men in free governments are subjects as well as citizens; as citizens they enjoy rights and franchises; as subjects they are bound to obey the laws. The term is little used, in this sense, in countries enjoying a republican form of government."
- - - Black's Law Dictionary, Sixth Edition, p. 1425
Wait a minute - the government said it wasn't the sovereign, and that people were sovereign.
Who is a subject / citizen?
He who has established or submitted himself to the dominion of government is a citizen. He has given consent to be governed, in exchange for political liberties (voting and holding office).
Wait - there's an exception with respect to a "republican form of government"!
Good observation.
The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion;
[United States Constitution, Article 4, Section 4]
REPUBLICAN (form of) GOVERNMENT. One in which the powers of sovereignty are vested in the people and are exercised by the people, ... directly,....
In re Duncan, 139 U.S. 449, 11 S.Ct. 573, 35 L.Ed. 219;
Minor v. Happersett, 88 U.S. (21 Wall.) 162, 22 L.Ed. 627.
- - - Black's Law Dictionary
In a republican form of government, the people are sovereign. The servant government, and its subject citizens, are delegated certain powers to secure the rights of the sovereign people.
Is that clear?
In America, the people are sovereign. But by consent, a private person can change his status, and submit himself to government, as a citizen.
Did you think you were born a "U.S. citizen"?
Who told you that?
It's not in the law.
"A Sovereign cannot be named in any statute as merely a 'person' or 'any person'".
Wills v. Michigan State Police, 105 L.Ed. 45 (1989)
"In common usage, the term 'person' does not include the sovereign, [and] statutes employing the [word] are ordinarily construed to exclude it."
Wilson v. Omaha Indian Tribe, 442 U.S. 653, 667, 61 L.Ed2. 153, 99 S.Ct. 2529 (1979)
(quoting United States v. Cooper Corp. 312 U.S. 600, 604, 85 L.Ed. 1071, 61 S.Ct. 742 (1941)).
"All PERSONS born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside." [14th Amendment, Section 1.]
Uh oh... Sovereign Americans are not persons subject to nor object of the governing power of the servant government.
What proof exists that there are people who are NOT citizens?
"The better to secure and perpetuate mutual friendship and intercourse among the people of the different states in this union, the free inhabitants of each of these states,..., shall be entitled to all privileges and immunities of free citizens in the several states; ..."
[Article IV of the Articles of Confederation (1777)]
Did you think "everybody" born in the U.S.A. was a U.S. citizen residing at a residence?
What's an inhabitant (as in free inhabitant)?
"INHABITANT - One who resides actually and permanently in a given place, and has his domicile there."
- - - Black's Law Dictionary, Sixth Edition, p.782
"DOMICILE - A person's legal home. That place where a man has his true, fixed, and permanent home and principal establishment, and to which whenever he is absent he has the intention of returning."
- - - Black's Law Dictionary, Sixth Edition, p.484
"RESIDENCE - Place where one actually lives ... Residence implies something more than physical presence and something less than domicile. The terms 'resident' and 'residence' have no precise legal meaning... [One can have many residences
but only one domicile]
- - - Black's Law Dictionary, Sixth Edition, p.1308, 1309
U.S. citizens who reside at residences do not have legal, permanent homes. Coincidentally, no state issues "resident" licenses (permissions) to non-resident inhabitants domiciled in their state. In fact, inhabitants don't need permission, because they're not transients and trespassers. They have the RIGHT to be in the state and use the public roads and waterways, marry, own a dog, build a house, enter occupations, and run a business without permission of their servant government.
Check your own state's constitution and laws for mention of the inhabitant and his superior status.
" No inhabitant of this state shall be molested in person or property ... on account of religious opinions..."
- - - Georgia Constitution, Article 1, Sec.1, Paragraph 4
If your religious opinions forbid you to enroll into national socialism, accept numbering, or engage in usury, you cannot be molested for your choice... in Georgia. And if you think they were not aware of the difference between inhabitants and residents, read this:
"Citizens, protection of.
All citizens of the United States, resident in this state, are hereby declared citizens of this state; and it shall be the duty of the General Assembly to enact such laws as will protect them in the full enjoyment of the rights, privileges, and immunities due to such citizenship."
- - - Georgia Constitution, Art 1, Sec.1, Paragraph 7
Recapping, the government is not sovereign, but servant to the sovereign people. However, citizens are subjects of the sovereign government. Since involuntary servitude is unconstitutional (except after conviction), the compulsory civic duties associated with citizenship are empowered by consent of the governed. You DID give consent, knowingly, willingly and intentionally, didn't you? You did sign many government documents where you claimed to be a citizen and a resident, didn't you?
If you were a victim of fraud or constructive fraud, you have the right to object, and change your status at law. But once you leave, don't ever submit again, for then it would be a permanent and irrevocable election, and no objection will hold up.
PART TWO - Disinformation Eradication
America's republican form of government, in which the people are sovereign is in harmony with capitalism. But let us be clear on what capitalism really means.
CAPITALISM - An economic system in which the means of production, distribution and exchange are privately owned and operated for private profit.
- - - Webster's Dictionary
A farmer who owns his farm enjoys capitalism. A farmer who does not is a tenant.
A laborer who owns the fruits of his labor enjoys capitalism. A laborer who does not is a slave.
PRIVATE PROPERTY - "As protected from being taken for public uses, is such property as belongs absolutely to an individual, and of which he has the exclusive right of disposition. Property of a specific, fixed and tangible nature, capable of being in possession and transmitted to another, such as houses, lands, and chattels."
- - - Black's Law dictionary, sixth ed., p.1217
If you concatenate capitalism with private property, you can see the "inconvenient truth".
Capitalism is an economic system in which the means of production, distribution and exchange are absolutely owned by individuals and operated for their individual profit.
Anything else is NOT capitalism, including usury (which likes to call its nefarious scheme "capitalizing") and limited liability artificial persons (stock corporations).
In American law, we know that the constitutional government has promised to secure private property rights.
Amendment V, US Constitution 1789
... nor shall private property be taken for public use, without just compensation.
From the Communist manifesto:
"In this sense, the theory of the Communists may be summed up in the single sentence: Abolition of private property."
COMMUNISM - the ownership of property, or means of production, distribution and supply, by the whole of a classless society, with wealth shared on the principle of 'to each according to his need', each yielding fully 'according to his ability'.
- - - Webster's Dictionary.
SOCIALISM - A political and economic theory advocating collective ownership of the means of production and control of distribution. It is based upon the belief that all, while contributing to the good of the community, are equally entitled to the care and protection which the community can provide.
--- Webster's dictionary
So let us be crystal clear - left wing socialist / communist pirates seek to rob property owners, via taxation and confiscation. And usurers, who also wish to rob property owners, via their scheme, are not part of capitalism. In fact, they are in alliance with these scurrilous scoundrels.
These thieves are opposed to any law that secures property rights, and government that espouses the ideal of securing property rights from attack.
HOW YOU WERE SWINDLED
Form SS-5, application for an account and number with Social Security is explicitly limited to U.S. citizens and U.S. residents. American nationals, free inhabitants, domiciled within the boundaries of the United States of America are ineligible to participate - and would not wish to.
Every participant in national socialism has surrendered his birthright to absolutely own private property, including himself. Each socialist has accepted the burden to be equally liable for the impossible public debt (See the definition for "contribution" in any legal dictionary) via the Federal Insurance CONTRIBUTION Act / Social Security Act of 1935. He has consented to be a "human resource" pledged as collateral on the debt. As one who is eligible for entitlements (charity) from the public treasury, each "volunteer" is a pauper, and thus a status criminal. Failure to pay his "fair share" of socialist taxes, will result in confiscation of his property (no longer protected from being taken for public use), and no just compensation will be given. Socialist Americans are incapable of owning private property.
In case you were unaware, Federal Reserve Notes (aka "dollar bills") are not dollars. They are authorized under the Federal Reserve Act of 1913, as codified in Title 12, USC sec. 411.
TITLE 12,UNITED STATES CODE, CHAPTER 3,SUBCHAPTER XII,sec. 411. Issuance to reserve banks; nature of obligation; redemption
"Federal reserve notes, to be issued at the discretion of the Board of Governors of the Federal Reserve System for the purpose of making advances to Federal reserve banks through the Federal reserve agents as hereinafter set forth and for no other purpose, are authorized. The said notes shall be OBLIGATIONS of the United States and shall be receivable by all national and member banks and Federal reserve banks and for all taxes, customs, and other public dues. They shall be redeemed in LAWFUL MONEY on demand at the Treasury Department of the United States, in the city of Washington, District of Columbia, or at any Federal Reserve bank."
FRNs are obligations of the U.S. government to pay lawful money on demand.
LAWFUL MONEY - "The terms 'lawful money' and 'lawful money of the United States' shall be construed to mean gold or silver coin of the United States..."
Title 12 United States Code, Sec. 152.
Federal Reserve Notes are issued under the authority of Art 1 Sec 8 power to borrow on the credit of the United States.
Article 1, Section 8. U.S. Constitution.
The Congress shall have Power
...To borrow Money on the credit of the United States;
But the notes were repudiated in House Joint Resolution 192, (June 1933). Congress will no longer guarantee the 'exchange rate' of the dollar (for each FRN). But the law still defines the national debt (in excess of 10 trillion dollars) in terms of gold. That computes to a sum of 500 billion ounces gold. Which is 100 times as much gold as is estimated to exist, above ground, in the world (5.5 billion ounces). Fort Knox depository has only 147.3 million ounces.
And Congress cannot question the public debt because of the 14th amendment, even when it is insane.
The validity of the public debt of the United States, authorized by law, ..., shall not be questioned.
Amendment 14, Section 4.
Now if you've followed this so far, you're aware that somehow, Americans were all persuaded that they needed to "join up" with national socialism before they were allowed to work in their own country. And that government "gave away" entitlements to all enumerated Americans. And that all we need to do is just elect the RIGHT group of public servants and everything will be fine.
Hopefully, you now will be better able to discount the propaganda and disinformation that has been fed to you from your birth.
The servant government is incapable of resolving the problems that are propelling the USA into collapse. Partly because of the constitutional limitations, and partly due to their contracts with usurers.
Partisan fighting and "wing" alliances will not resolve the problem. Since 1933, the U.S. Congress has been bankrupt. Since 1935, the USA has been marching to the tune of national socialism, slowly eroding the memory of absolute ownership and inalienable rights from the minds of each successive generation.
We are at a threshold of collapse. And after we pass that portal, I fear that too many people are so ignorant of their American birthright, that the enemies of the sovereign people will be victorious. Do not be deceived, government has acted helpless to make the problems worse, not better. It was all part of the plan to destroy the compacts that created the United States of America and substitute a new and improved "Socialist" compact.
Either you are FOR private property rights, or you are a pirate (socialist / communist), seeking to TAKE private property rights. No matter what label, flag or doctrine is raised as the goal - either you are a harmless producer or you are a harmful predator. Choose carefully.
The REAL law protects property rights. And EVIL hates that law, and seeks to replace it with policy that is built upon fraudulent consent.
Sovereign people do not care who is the servant as long as he complies with his oath of office, and restrains himself within the limitations of the explicit delegation of power.
But if you're one of the subject peoples, be aware that your subjugation was entirely YOUR FAULT - according to the public record. Fighting about the inequities, tyranny, and unpleasant conditions of your servitude is futile. He who consents cannot complain. The government is absolved of all blame - because they have the written proof - in the public record.
The only nation on this planet with a republican form of government is the United States of America. And America is the only nation where the people are sovereign, and not subjects of servant government. If the people do not educate themselves to their lost heritage, this solitary experiment in true self government will pass into history, and be forgotten.
Go read the law, yourself.
It's available in every county courthouse law library.
I don't know about you, but there is no sum of money nor title of nobility that would ever persuade me to bend a knee or bow in subjugation to another monarch or sovereign, now that I know what my true birthright is. Americans were born to be Kings and Queens, monarchs of our lives and destinies. Our enemies have perverted generations, and polluted our language so that we may not recognize our tormentors. But I hope that someday, enough Americans awaken to their lost heritage. For when that day arrives, the heavens will rock with their exultation.
your right to life, liberty, private property and other sundry rights, not explicitly mentioned.
So, the Pursuit of Happiness is a composite of private property and other sundry rights, and not strictly limited to only personal property rights. Did I ever say anything to the contrary?
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