The People, the Sovereignty

§104. The people: Identity.

In the United States the people are brought on the stage as an acting political entity, acting, it is true, always through representatives. As expressed by Wilson, one of the signers of the Declaration of Independence: "In free states the people form an artificial person or body politic, the highest and noblest that can be known" (1). By "the people" of a state is meant all of the members which compose that state and are integral parts of it, together making a body politic (2). "The people as a corporate unit form an artificial per son or body politic; thus constituted they form a moral person" (3). "It is this person we call a state" (4). "There is no distinction between the people and the state" (5). It must not be forgotten that, in using the expression "the people," there is a distinction between the population of the nation, as individuals, and the same population organized under a constitution. By "the people," in this connection, we intend a body politic, a corporate unity. Because of the quality of singleness we may properly use the pronoun "it," though, this is not usual. It is hard for the citizen to lose sight of the individuals in the body ; but correctly viewed, as drops of water lose their forms as drops when they mingle with the whole and become not drops, but one body, even so the citizen in his political capacity loses the civil capacity of an individual when viewed as a part of that great unit "the people." It is the whole mass, and not a majority of the individuals composing it, which constitutes the people, and the people are to be regarded, not as an unorganized mob, but as a corporate unity composing a society (6). There are dicta to the effect that the people, when spoken of in the political sense, means only those persons having the right to vote, that is, the electors ; and it is at the same time said that in the electors is vested the sovereignty (7). Thus stated, the idea does not, as we shall see, properly obtain, and is contrary to the principles of American institutions (8). Voters are but parts of the machinery of government (9). In the constitution "the people" is sometimes used to indicate persons or individuals. So in all provisions in reference to unreasonable seizures and searches. In such provision it is identical with the use in Blackstone.




According to the doctrines of political law as they obtained in England, the action of the colonists, as evidenced by the Declaration of Independence, reduced the individuals who inhabited the colonies to a state of nature; for, says Blackstone, "when civil society is once formed, government at the same time results of course, as necessary to preserve and keep that society in order. Unless some superior be constituted whose commands and decisions all the members are bound to obey, they would still remain in a state of nature without any judge upon earth to define their several rights and redress their several wrongs. But as all members which compose this society were naturally equal, it may be asked, in whose hands are the reins of government to be intrusted?" (34).

§ 113. The declaration of equality destroyed personal sovereignty.

Here it is that the learned commentator con founds society with government, and very naturally ; for with him the parliament is the great body politic, the state, and also the government, and the people are no more, no less, than individual subjects (35). It is evident that the framers of the Declaration of In dependence did not acquiesce in the view that such acts repealed all their laws; for while they deny the powers of parliament over them upon the ground that they are not represented, and declare that the crown has abdicated the government, they do not admit that their laws are repealed (36). It was a well known rule that a change in form of gov ernment, or in the persons who exercise it, does not re peal existing laws (37). At the time of the Declaration of Independence the colonists affirmed that they had existing among them what they had brought with them, developed and possessed as their birthright, the common law of England, which they contended was founded upon two ancient pillars— consent and representation (38). Throughout all their subse quent acts and doings they professed to observe the prin ciple that all authority was derived from the people they represented, either expressly given or impliedly ratified (39), thus extending any idea of the supremacy of any person or class over the whole mass or any member thereof, and they did not agree that because there were no inequalities of rank nor any orders of nobility they were and must remain without laws (40). It must be confessed that they stood as Englishmen never stood be fore—equals in rank, equals in right.

§ 121. The right of expatriation allows the constant exercise of assent or dissent.

"Very plainly, then, it is essential to the American doctrine of consent to hold that every citizen shall have a right at any time to expatriate himself (70). How can the consent of the governed be in any sense implied if the citizen is coerced to remain a member of the state through all the changes which its form of government may undergo, whether with or with out his approbation (that would be submission). It is clear that in any such case he may remove himself and his property to any country he chooses, and he must be allowed reasonable time to make his election. This course was adopted at all periods of the American Revolution. All persons, whether natives or inhabitants, were considered entitled to make their choice either to remain subjects of the British crown or to become citizens of one or other of the United States. This choice was necessarily to be made within a reasonable time" (71). The majority of a colony, upon assuming to be an in dependent state, did not assume, against the will of the minority of the inhabitants, the right to make them members of the state. In order, therefore, to make such per sons members of the state, there must be some overt act of consent on their own part to assume such a character, and then, and then only, could they be deemed to have determined their right of election. The consent of each individual could in no other mode be practically ascertained (72)..


§ 126. The relation of the people, the states and minorities.

 It is often said that the people are sovereign,— that is, the whole mass is sovereign because they created the constitution; and it is asked, Is not the creator sovereign to the creature? But the people of the old confederacy did not act en masse or as citizens of one great body politic in creating the constitution (87). Rhode Island never participated in the constitutional convention, and North Carolina did not ratify until long after nine states had ratified. Confusion about this question arises from treat ing different things as the same thing because they are called by the same name. The political unity was created by the constitution, consisting of eleven states and the people thereof ; that is, the artificial person as we see it now, then came into being, and then, for the first time, were known citizens of the United States (88). The members of the old confederacy were states of the new nation, individuals and states. It is their universal consent to the terms of this instrument which creates the body politic called the United States.

§ 127. Republican form of government described.

In England government was based on sovereignty; here it is derived from citizenship. There obedience depended upon subjection ; here it depends upon consent.

§ 140. The method by which the people bound them selves.

"We may now safely affirm that the sovereignty of the people consisted in this : that being originally equal in rights and without any superior, they had a right to establish any form of government upon any terms they could agree upon. That without violating the ancient principle that government derived its just powers from the consent of the governed, no majority had the right to coerce the minority. Second. That it was competent for them, by the terms of the constitution, to agree upon the manner in which all power should be exercised, and that all jointly, or any portion of them, should have no right to change the fundamental law in any manner other than by the modes therein provided (46). Third. That they did so agree and did set plain limitations upon the exercise of all power by themselves, as well as by those to whom they delegated the exercise of the government, and did agree upon the republican principle that the people cannot act en masse, but must act through representatives. That they, by their constitution, created the judicial power independent of and co ordinate with the legislative branch, and clothed with a power and duty unknown (47) to governments where sovereignty was recognized— namely : to declare null and void any acts of the people, whether exercised through their electors or by the legislatures, or the executive, or by all combined, which contravene the fundamental law; and finally, they have declared the constitution to be the supreme law of the land, and binding upon all individuals, bodies politic, magistrates or agents (48).


§ 142. The fundamental principles of self-government.

But one conclusion can be drawn from the facts surround ing the institution of this government and the experience of the century upon the question of the nature of the power of legislation, whether in the people or elsewhere, and in relation to the nature of law and the doctrine of unlimited power. The result is the destruction of personal sovereignty in the many or the few, and the substitution of the obligation of consent as the vital principle of law. "Whether it consists in the plighled faith of the nation by way of treaty, the behest or limitation of a constitution, a statute duly enacted, or a system universally adopted, they are all, in truth and form, of the people, by the people, for the people,— the actual application of the theory of self-government.


https://books.google.com/books?id=eQE9AAAAIAAJ&printsec=frontcover&dq=American+Law+and+Procedure%2C+Vol+13+1910&hl=en&sa=X&ved=0ahUKEwi2nYyvt77TAhXIMSYKHfmKDVcQ6AEIJTAA#v=onepage&q&f=false

Beliefs disconnecting the freedom movement.

Time after time, day after day, i can not help but notice the disconnect in the freedom movement. There is a mass confusion about what steps to take, what theories to try.  There is this disconnect because of the various beliefs everyone holds. What we need to admit to our self is that maybe, just maybe, what we believe could be false. Only when we understand that we really know nothing, does everything suddenly become so clear. Just that little thing, live by it, love it, consider it your soul mate.

Our brains are clouded by the beliefs fed to us by government, media and our peers. Only by starting anew, with an outlook of not forming new beliefs, but instead of forming ideas or theories. The mind works in such a way that beliefs actually become a learning block to us. That is why, 100% of the time, the self help guru's will tell you if you want to change your life, then change your beliefs. Beliefs keep us in a zombie like state, with information presented to us that we never devote the research necessary to properly judge. Knowing something for certain also does something else, it keeps us from questioning that which we already know. So if you know the government loves you, then you will never look for anything that says otherwise, and will almost assuredly discard any information that comes to you that disagrees with your belief.

Case in point

STATE OF FLORIDA

Vs

Florida state


There is some fairy tale making its way thru the freedom movement that there is some magical "republic" that if we could just do this and this, then the rightful, lawful government would be restored and we would be free.

This can be always be traced to someone who does not have a firm grasp on how society operates, but you can bet that they swear they know how things operate.

There is no society where the members are not contractually obligated to the other members, in fact it is the basis of ALL societies that have ever existed.

There is a new fad floating around in the patriot community. That of the "grand jury", "judge", and "Continental marshals". 

I have no clue where these folks got the ideal they could set up shop in someone's jurisdiction and exercise authority over citizens that were not their citizens.

And sure enough, while writing this post up, this comes across my feed...

http://www.dailycamera.com/boulder-county-news/ci_30906805/peoples-grand-jury-accused-threatening-elected-officials-judges

Can we all say Bye Bye Bruce?

Until we meet again friends, remember to watch what you believe, because big brother sure is.

Glitches in the freedom program

Welcome back folks, here to talk to you about glitches in the freedom program. This might sound confusing at first, but by the end you will fully understand it.



       The Freedom Program

As you can imagine, it would be quite a feat to brainwash an entire population, how could we get them on the same track, what track would best work, etc. To control what a person thinks you simply have to control what they believe. Well how do you control what they believe? By getting to them first before they have had time to form their own beliefs.

They do this thru a number of ways, of which we will go thru a few today.

1. Loved ones.

Always around, always giving out advice and telling us how the world works. But do they really know? Chances are they do not, no matter how smart they are and how high a pedestal we put them on. My friend's step dad always use to tell him fun facts, my buddy calls them "Danny facts" , because they were false facts, incorrect information given out that was supposed to be true. I myself as well as everyone else has fallen for this, I thought my family was smart, but they turned out as I found out later, to be some of the most ignorant statists in the bunch.

I always tell my girls to question everything, even what me and my wife tell them, we are all prone to making mistakes.

From an early age our loved ones keep repeating the misinformation that came to them in this stage....

2. School

School is where things really kick into overdrive as now the government has control over what goes into our head as truth. This is where the broken record theory is displayed the most by a continuing drumming in our head of the basic facts, 1. we are free, 2. the constitution is this document of freedom, and the bill of rights protects our freedoms 3. Never question authority, Etc.

This is not an exhaustive list by any means.

3. Peer pressure

As social creatures we crave interaction, as such we become a self policing zombie squad. False beliefs are conformed to by those wishing to be "part of the in crowd", if you remember back to your time in school none of the cool crowds were having intelligent debates during lunch hour. They use our need to fit in, coupled with social "norms" that we must fit into in order to be accepted by our peers.

4. Media

Media is used to reinforce our government funded beliefs about freedom and our role in society. They call it t.v. "programming" for a reason, and just a casual glance at family shows from the 50's to now mimics our degradation of the family unit into what it is today.



The freedom program is just a basic set of beliefs the government installed in our brain that branches off and forms other beliefs tied to the core belief. It is the main reason people can not see things for what they are and hence why they get glitches in the program.

What kind of glitch you ask?

Take this story of this man for an example....
http://www.washingtonpost.com/sf/investigative/2013/09/08/left-with-nothing/?utm_term=.314554cb48e4

Even though it states in that document of freedom "private property shall not be taken without just compensation", this man is still trying to wrap his head around the fact that his house was taken from him and he got no just compensation.

You can find these and many other stories where what we are told and what we see is not coming together like it should. We get these glitches because we are dealing with false beliefs, and when our false beliefs come into contact with factual reality, well it causes a glitch.

I was a statist, just like you.....

I had the same beliefs pounded into my head daily by the public school government approved textbooks. I was told about the American dream, and freedom, and how we were the only people to have these rights. I felt my heart swell with pride every day in school for the pledge, thinking of the freedom I would pass on to my children one day. As I got older I noticed that things were not always as they seemed. The reality that was all around me was different then the dream they sold me in school.

The lie is a beautiful one, and has fooled many, but it is a lie none the less. Most will never see the lie, because their beliefs are programmed to disregard any info that goes against your textbook education.

As far as statists go, I would be hard pressed to find another that was as uncaring about life around me, besides what the general perception was, than me. I was all about fun, clubs, women, saying up late, buying whatever the tv and my peers told me was "cool" and in fashion. I was as hooked on the dream as everyone else I knew. I had the same set of core beliefs as everyone else thanks to public school, media, peers and loved ones. These core beliefs are used against me to keep me blind to the truth, these beliefs keep me tied to the state as a subject, obligated at birth to perform for a political society I know nothing about. Horrible things done in my name because my lack of understanding has created the perfect opportunity for them to abuse me.

However if you are like me, then you have also had "glitches in the freedom program", simply put these are times when the dream they sold you and reality meet. It's at these times when the moment to awake is upon us, the moment to question. It could be anything, property taxes, income taxes, building permits for a shed, business license for a lemonade stand for your 8 year old, etc. We have all had these glitches, however most drift right back to sleep. It is said that it is easier to believe a beautiful lie then the ugly truth.

But here is the truth, our lack of understanding, of caring, of questioning is not only going to effect us but everyone we know and love. Our children, grand children and everyone else becomes effected thru our lack of understanding. If you have someone who you care about, my advice would be to stop doing what you are doing, erase what you think you know, and start fresh.

Remember that the key to everything, life, freedom, success, etc. It all rests on understanding beliefs and how to use your mind correctly. I know it sucks to hear, because it sucks when I tell myself everyday but everything of importance we know is wrong. And all because of our beliefs can we not understand or even see a problem, except when those problems touch us in some way and give us a glitch in the freedom program.

My youtube video channel

https://www.youtube.com/channel/UCHlXLrFdg6tQOwRTzU9pdDQ


I will be posting more videos shortly, hope the information helps you.

My newest video series called "question the state" is a must see series of videos.

Fb Group

For hose of you on Fb I would like to give you my groups link if you would like to engage more on discussions on topics found on this blog.

https://www.facebook.com/groups/2109106235982251/


Hope to see you there!

automobile vs motor vehicle.

Hello folks, back to talk with you about how they misuse terms or change words in order to fool us. Today we will be talking about the difference between an automobile and a motor vehicle. A studious learning by now would have noticed that all laws in the motor vehicle code deal ONLY with "motor vehicles" and NONE of them deal with "automobiles".

No big deal you say since as they no doubt will tell you, all motor vehicles are automobiles. This is absolutely correct, however while all motor vehicles may be automobiles, not all automobiles are motor vehicles. The courts have been very clear on the distinction between the two as you will read below.


The term ‘motor vehicle’ is different and broader than the word ‘automobile". - [City of Dayton vs. DeBrosse, 23 NE.2d 647, 650; 62 Ohio App. 232]

[I]t is a jury question whether ... an automobile ... is a motor vehicle[.]United States v Johnson, 718 F.2d 1317, 1324 (5th Cir. 1983).

Thus self-driven vehicles are classified according to the use to which they are put rather than according to the means by which they are propelled - Ex Parte Hoffert, 148 NW 20

The word ‘automobile’ connotes a pleasure vehicle designed for the transportation of persons on highways. - American Mutual Liability Ins. Co., vs. Chaput, 60 A.2d 118, 120; 95 NH 200

A motor vehicle or automobile for hire is a motor vehicle, other than an automobile stage, used for the transportation of persons for which remuneration is received. - [International Motor Transit Co. vs. Seattle, 251 P. 120, 122]

(6) Motor Vehicle. - The term "motor vehicle" means every description of carriage or other contrivance propelled or drawn by mechanical power and used for commercial purposes on the highways in the transportation of passengers, or passengers and property. -18 USC Part 1 Chapter 2 section 31 definitions

Used for commercial purposes" means the carriage of persons or property for any fee, rate, charge or other consideration, or directly or indirectly in connection with any business, or other undertaking intended for profit. - 18 USC Part 1 Chapter 2 section 31 definitions

The word 'operator' shall not include any person who solely transports his own property and who transports no persons or property for hire or compensation. - Statutes at Large California Chapter 412 p.83

A soldier's personal automobile is part of his ‘household goods. - U.S. v Bomar C.A.5(Tex.), 8 F.3d 226, 235. 19A Words and Phrases - Permanent Edition (West) pocket part 94.

The Motor Vehicle Act is not unconstitutional as making an arbitrary and unwarranted classification, in that it requires professional chauffeurs, or drivers of motor vehicles for hire, to pay an annual license, but exempts all others operators of such vehicles from tax and regulation. - [In the Matter of Application of Stork (1914), 167 Cal, 294,295]

... (The Motor Vehicle Act classifies) drivers of automobiles into two classes, one professional chauffeurs, and requiring them to obtain a license, and pay an annual license fee of $2.00, the other embracing all others, who are not required to secure a license or pay license fee, is sound classification, and not arbitrary, so as to constitute special legislation. - Ex Parte Stork, 167 Cal 294. The Supreme Court of California Feb 24, 1914 - footnote inparamateria. Further confirmed in Beamon v. DMV (1960), 180. App.2d 200,4 Cal. Rpter396.

"A carriage is peculiarly a family or household article. It contributes in a large degree to the health, convenience, comfort, and welfare of the householder or of the family." Arthur v Morgan, 113 U.S. 495, 500, 5 S.Ct. 241, 243 S.D. NY 1884).


"The Supreme Court, in Arthur v. Morgan, 112 U.S. 495, 5 S.Ct. 241, 28 L.Ed. 825, held that carriages were properly classified as household effects, and we see no reason that automobiles should not be similarly disposed of." Hillhouse v United States, 152 F. 163, 164 (2nd Cir. 1907).


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Now in order to further separate them, we find that during some probate hearings deciding on what goods to classify as personal and what goods to classify as business goods, we find that what use they are put to is a deciding factor.
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"The use to which an item is put, rather than its physical characteristics,
determine whether it should be classified as ``consumer goods'' under UCC 9-109(1) or ``equipment'' under UCC 9-109(2)." Grimes v Massey Ferguson,
Inc., 23 UCC Rep Serv 655; 355 So.2d 338 (Ala., 1978).

"Under UCC 9-109 there is a real distinction between goods purchased for
personal use and those purchased for business use. The two are mutually
exclusive and the principal use to which the property is put should be
considered as determinative." James Talcott, Inc. v Gee, 5 UCC Rep Serv
1028; 266 Cal.App.2d 384, 72 Cal.Rptr. 168 (1968).

"The classification of goods in UCC 9-109 are mutually exclusive." McFadden
v Mercantile-Safe Deposit & Trust Co., 8 UCC Rep Serv 766; 260 Md 601, 273
A.2d 198 (1971).

"The classification of ``goods'' under [UCC] 9-109 is a question of fact."
Morgan County Feeders, Inc. v McCormick, 18 UCC Rep Serv 2d 632; 836 P.2d
1051 (Colo. App., 1992).

"The definition of ``goods'' includes an automobile." Henson v Government
Employees Finance & Industrial Loan Corp., 15 UCC Rep Serv 1137; 257 Ark 273,
516 S.W.2d 1 (1974).
Household goods

"The term ``household goods'' ... includes everything about the house that is
usually held and enjoyed therewith and that tends to the comfort and
accommodation of the household. Lawwill v. Lawwill, 515 P.2d 900, 903, 21
Ariz.App. 75" 19A Words and Phrases – Permanent Edition (West) pocket part
94. Cites Mitchell's Will below.

"Automobile purchased for the purpose of transporting buyer to and from his
place of
employment was ``consumer goods'' as defined in UCC 9-109." Mallicoat v
Volunteer Finance & Loan Corp., 3 UCC Rep Serv 1035; 415 S.W.2d 347 (Tenn.
App., 1966).

"The provisions of UCC 2-316 of the Maryland UCC do not apply to sales of
consumer goods (a term which includes automobiles, whether new or used, that
are bought primarily for personal, family, or household use)." Maryland
Independent Automobile Dealers Assoc., Inc. v Administrator, Motor Vehicle
Admin., 25 UCC Rep Serv 699; 394 A.2d 820, 41 Md App 7 (1978).

"An automobile was part of testatrix' ``household goods'' within codicil. In
re Mitchell's Will, 38 N.Y.S.2d 673, 674, 675 [1942]." 19A Words and Phrases – Permanent Edition (West) 512. Cites Arthur v Morgan, supra.

"[T]he expression ``personal effects'' clearly includes an automobile[.]" In
re Burnside's Will, 59 N.Y.S.2d 829, 831 (1945). Cites Hillhouse, Arthur,
and Mitchell's Will, supra.

"[A] yacht and six automobiles were ``personal belongings'' and ``household
effects[.]''" In re Bloomingdale's Estate, 142 N.Y.S.2d 781, 782 (1955).

“A vehicle not used for commercial activity is a “consumer goods”, ...it is
NOT a REQUIRED to be REGISTERED under this code
“Passenger vehicles which are not used for the
transportation of persons for hire, compensation o
profit, and housecars, are not commercial vehicles”
“a vanpool vehicle is not a commercial vehicle.”
and;
Not the type of vehicle required to be registered and “use tax” paid of which the tag is evidence of receipt of the tax.” Bank of Boston vs Jones, 4 UCC Rep. Serv. 1021, 236 A2d 484, UCC PP 9-109.14. And;

“It is held that a tax upon common carriers by motor vehicles is based
upon a reasonable classification, and does not involve any unconstitutional
discrimination, although it does not apply to private vehicles, or those used
the owner in his own business, and not for hire.” Desser v. Wichita, (1915) 96 Kan. 820; Iowa Motor Vehicle Asso. v. Railroad Comrs., 75 A.L.R. 22.

“Thus self-driven vehicles are classified according to the use to which they are put rather than according to the means by which they are propelled.” Ex Parte Hoffert, 148 NW 20. And;

“In view of this rule a statutory provision that the supervising officials “may”
exempt such persons when the transportation is not on a commercial basis
means that they “must” exempt them.” State v. Johnson, 243 P. 1073; 6
C.J.S. section 94 page 581.


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I have found through research that the act of us giving title to the state and getting back a certificate of title changes the classification of our automobile into that of a motor vehicle and thus subjects us to have them regulated by the state.