A special thanks to Brent for letting me post his commentaries on this blog. Brent is a true Patriot and advocate for the Constitutional Republic that should be America.
October 10, 2005
One of the unalienable rights of all Americans is the Right to enter into any contract whatsoever. This natural Right is of inestimable value to free people. Without it, many of our rights (i.e. to acquire, own and possess property, to engage in business as we see fit) have little or no meaning.
However, each American carries the responsibility of exercising and preserving his/her own rights. If you do not jealously guard and protect your rights, then certainly nobody else will.
Almost everyone I meet today wants to know how it is that things have become so oppressive, how government has taken control over so much of daily life, and how America the land of the free has apparently become America the land of the enslaved. My reply is, America is still the land of the free. It’s just that most Americans have used their natural Right to contract to give up their natural rights!
Each of you has the Right to engage in any contract whatsoever, even a contract in which you surrender your rights! In order to maintain your freedom in today’s world, it is essential that you clearly understand this.
Rights or Privileges
It is necessary that you understand the distinction between rights and privileges. A Right is something which you possess simply because you are a living human being. Your rights come from your Creator; they do not come from any government and no government can ever take them away.
On the other hand, a privilege is a gift of the State (capital “S” denotes the corporate State) and as such can be regulated or even taken away by the government. In law, the acceptance of a privilege or benefit always incurs a liability, even if you do not know you are receiving a privilege or benefit, and even if you do not know what the liability is.
Which Citizen Are You?
Each American born in one of the fifty Union states possesses natural rights to life, liberty, travel, the pursuit of happiness, contract, acquiring, owning and possessing property, etc. State Citizens (with a capital “C”) hold all rights which formerly belonged to the king of England (Lansing v. Smith, 21 D. 89). Each Citizen is naturally endowed with all rights as described in the Declaration of Independence and protected by the Constitution for the United States.
Unfortunately, most Americans have unknowingly given up these rights in exchange for the government “privilege” of being a “United States citizen” (with a small “c”). U.S. citizenship has been ruled by the Supreme Court to be a privilege (Hale v. Henkel, 201 U.S. 43; United States v. Cruikshank, 92 U.S. 542, 549). It entitles you to receive benefits from the federal government, such as welfare, food stamps, unemployment insurance, Medicare, SSI, etc.
It is interesting to note that any government benefit may be obtained more securely through the private sector. So, nobody needs to be on the government dole.
Social Security Adhesion Contract
The most notorious contract responsible for the encroachments on our personal freedom is embodied in the Social Security application, Form SS-5. This form is attached to an adhesion contract, which means that you can agree to its terms or not, but you cannot alter the contract in any way.
This contract establishes you as a United States (federal) citizen. By accepting the privilege of U.S. citizenship you have waived your unalienable rights and given up the protection of the Constitution for the United States.
Every time you sign your name to Form W-4, IRS Form 1040, endorse the back of a check, check the box on a government form identifying yourself as a “U.S. citizen” etc., you renew your contract with the federal government.
If you are like most people, your parents originally obtained a Social Security number for you, thereby binding you to the federal government’s adhesion contract. Most likely, they were unwitting accomplices to the government’s efforts to subjugate the population. However, when you turned eighteen and did not revoke this contract, you agreed to its terms just as if you had originally signed it.
However, there is a provision in law that requires all parties entering into a contract to do so knowingly, willfully, and voluntarily, with full disclosure of all of the terms of the contract prior to signing. Otherwise, the contract is considered unconscionable and an act of fraud, and may be nullified and revoked dating back to its original signing; anything that takes place under the terms of an unconscionable contract is void, as if it never happened in the first place.
This means that technically, you are entitled to a refund of every penny you ever paid into Social Security, federal or State income taxes, SSI, Medicare, etc. Don’t count on a refund, though. You’re not likely to get one unless you are prepared for a lengthy court battle, and even then, the odds of your winning in the corrupt United States judicial system are very low. If you don’t want to engage in such a struggle, then just consider yourself fortunate to be out from under the thumb of government regulation and leave it at that.
Social Security is by no means the only government contract which has been used to subject the people to a jurisdiction foreign to them. State issued licenses and registrations represent another type of insidious contract that State and federal governments use to control people.
A license is a permit issued by the State, for you to do something that, were you not licensed, would be illegal. The State retains all control of your behavior with regard to the act being licensed. The State can revoke, suspend or amend your license at any time; you have no rights as long as you possess the license. Take a look at some of the things which we have been told require licensing by the State. Are they inherently illegal?
Right to Travel
As a Citizen, you have a natural Right to travel upon the public roadways. Various state and U.S. Supreme Courts have ruled that this Right extends to and includes the use of automobiles. You cannot be required to pay a fee or tax in order to exercise this natural Right. Drivers licenses and vehicle registrations represent fees which, if they were required of all Citizens, would do exactly that.
Today’s drivers license was originally just a certificate of competency, confirming that you were trained in the operation of a motorcar. Today’s drivers license is permission by the State for you to conduct commerce (drive) by operating a motorcar. Taxi drivers, truck drivers, and chauffeurs are among those who require licensing by the State.
We have all been told that we must get a drivers license; it has even been made into a cultural “rite of passage”. Nevertheless, if you transport persons or property without charging a fee or fare for doing so, there is no legal requirement for a state Citizen to have a drivers license or vehicle registration!
Property of the State
Notwithstanding this fact, lower courts throughout the land ignore the law in favor of raising revenues. There is even an ordinance in the City of Thousand Oaks, California that clearly admits this to be true. At least, they’re honest.
Government takes the position that you are a franchisee of the State, and as such, you are considered to be property of the State. You are a natural resource. In California, the State taxing authority is called the Franchise Tax Board.
If you travel without paying registration or license fees, you are likely to be stopped and given a ticket some day. In some States, laws have been passed authorizing the police to confiscate vehicles when the driver is operating on a suspended or revoked license. This requires the police to make a determination that you are a commercial entity; a determination the police are not legally qualified or authorized to make.
If you are ever in such a situation, do not leave your car! Your car is like your home: it is your private property and the police cannot enter it without first showing you a search warrant and affidavit, both signed by a magistrate. Open your windows a crack only, keep your doors locked. You do not have to submit to orders by police, but you should cooperate wherever possible. Remember, you are a Sovereign Being and do not have to obey laws which violate your natural rights. Police who try to enforce such laws are themselves criminals.
The most significant thing to understand about traffic laws and vehicle codes is that they have limited jurisdiction and only apply to “United States citizens”, not to state Citizens. This is because state Citizens are supreme in America and can only be governed by their own consent.
It is also important for you to understand that when you obtain a drivers license or register your car as a “motor vehicle” you are entering into a contract with the State, which gives them permission to regulate your behavior with respect to your car and its operation. Without this contract the State has no legal authority over your natural Right to travel.
Be very careful! You must learn about the applicable laws of your state. You must accept full responsibility for the consequences of standing up for your rights. Many people in positions of authority in government are openly hostile toward Citizens who assert their natural rights under the Constitution. Some Judicial Districts in northern California have even coined the phrase “constitutionalist” and apply it freely and with disdain to those who want to live free from government. Supposedly impartial judges have openly expressed their disinterest in hearing “constitutionalist” arguments. These are violations of their oaths of office. These judges are also criminals.
You are likely to meet with great resistance if you choose to assert your freedom to travel and other rights. I believe that meeting this sort of resistance is the price of freedom.
What about marriage licenses? Getting married is not illegal so why is a license required? The truth is, it isn’t. However, the government has successfully trained the population to believe it to be necessary to obtain a license before marrying, thus giving the government greater control over the people. For example, by obtaining a marriage license the husband and wife make the State “guardians of their morals” (81 CA2d 871, 185 P2d 381).
Originally, these were called “intermarriage licenses” and were permits for the marriage of a white person to a black person. Back in the days of open slavery in America, black people were not considered to possess the same natural rights as white people. Blacks were thought of as property. They had no Right to enter the contract of marriage. Therefore, if a white wanted to marry a black the couple needed to obtain the State’s permission. Further, the State retained control of both parties to the marriage. A marriage license invites the State to have an interest in your marriage and the fruit of your marriage (i.e. your children).
Right to Conduct Business
It is an inherent and natural Right for all Americans to be able to engage in and conduct business; that’s why America has been called the land of opportunity. Business licenses represent another contract with the State, transferring control over your business to the government. Why would you do that?
Any time you obtain any license you enter into a contract with the State. A license represents transfer of power of attorney over the licensed activity from you to the State.
Today, we are led to believe these and other licenses are mandatory. But think about it. A license is permission to do that which would otherwise be illegal. People were getting married, operating their cars, conducting business, voting, being born before these things were licensed, registered or certified. Why should you give control of your life over to the State? What do you get in return?
Whenever you are confronted with licensing, registering or certifying anything with the State, it is attached to some contract; generally, one which places you under federal jurisdiction, since a Sovereign never needs to license or register his/her behavior. Ask yourself, “Am I a Sovereign or subject?”. Act accordingly.
Common Law Trusts
You can use your Right to contract to protect and defend your family and property. Through establishing Unincorporated Contractual Organizations, Pure Trust Organizations, and other types of common law trusts, you can free yourself completely from government control. Just stay away from government contracts.
Protect Your Rights
Your Right to contract can be used to help you reach for your dreams. But there are those who would subvert this priceless Right to be used for their own ends. Birth certificates, voters registration, business licenses, Social Security, drivers licenses and vehicle registrations are only a few of the contracts of which all lovers of freedom must beware. Remember that your rights carry with them responsibilities: if you don’t jealously and diligently protect them, you may wake up one morning to find that you have given them away!