The Official State “OFFICE OF THE PERSON”

By:  David-William | TLB Staff Writer

OFFICE OF THE PERSON  

Who are you?  Are you a man, or do you claim to be a “person?”  Do you think it matters?  What it means to you or your friends and family might be something entirely different than what it means to those corporate municipals masquerading as a government.  If you cannot differentiate, you might wind up in big trouble.  Those who masquerade as government agents are hoping you assume the role as person, so they can rope you into their jurisdiction, or really, rope you in as their corporate underling, in agreement and consent to be in the role of U.S. citizen, Enemy of the State/STATE, the OFFICE OF THE PERSON.  

The B.A.R courts and the Police support each other, so forget either of them helping you from the other.   They’re out to get the PERSON, if you let them, they’ll get you instead.  Statutes, Codes, Regulations, Policies, Procedures, Rules, Ordinances are not law, and they are not for people, they’re for persons.  They are legislative “RULES” of a society.  Legislative rules of a society are given force through law. Laws precede rules.  Persons owe their allegiance to societies, or fictional entities.

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Maxim of law: Government can only control what it creates. (The power which is derived cannot be greater than that from which it is derived.)

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U.S. Constitution, Article Six, Clause 2:
(The Supremacy Clause of the U.S. Constitution)

“This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.”

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Marbury v. Madison : 5 US 137 (1803):
“No provision of the Constitution is designed to be without effect,” “Anything that is in conflict is null and void of law”, “Clearly, for a secondary law to come in conflict with the supreme Law was illogical, for certainly, the supreme Law would prevail over all other laws and certainly our forefathers had intended that the supreme Law would be the bases of all law and for any law to come in conflict would be null and void of law, it would bare no power to enforce, in would bare no obligation to obey, it would purport to settle as if it had never existed, for unconstitutionality would date from the enactment of such a law, not from the date so branded in an open court of law, no courts are bound to uphold it, and no Citizens are bound to obey it. It operates as a near nullity or a fiction of law.”

(If any statement, within any law, which is passed, is unconstitutional, the whole law is unconstitutional.)

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U.S. v. Butler. 279 U.S. 116 (1929):
“The judicial branch has only one duty, to lay the Article of the Constitution which is involved beside the statute (rule or practice) which is challenged and to decide whether the latter squares with the former.”

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Norton v. Shelby County 118 USR 425 (1886):
“An unconstitutional act is not law. It confers no rights, it imposes no duties, it affords no protections, it creates no office. It is in legal contemplation as inoperative as though it has never been passed.”
“The court follows the decision of the highest court of the state, in construing the constitution and the laws of the state unless they conflict with or impair the efficacy of some principle of the Federal Constitution or of the Federal Statutes or rule of the commercial or general law. The decision of the state court’s in questions relating to the existence of its subordinate tribunals and eligibility in elections or appointment of their officers and the passage of its laws are conclusive upon Federal Courts. While acts of de facto incumbent of an office lawfully created by law. An existing or often held to be binding from reasons of public policy. The acts of the person assuming to fill and perform the duties of an office, which does not exist, can have no validity whatever in law.”

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16Am Jur 2d., Const. Law Sec. 70:
“No public policy of a state can be allowed to override the positive guarantees of the U.S. Constitution.”

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16Am Jur 2d., Const. Law Sec. 155:
“Since the constitution is intendant for the observance of the judiciary as well as other departments of government and the judges are sworn to support its provisions, the courts are not at liberty to overlook or disregard its commands or counteract evasions thereof, it is their duty in authorized proceedings to give full effect to the existing constitution and to obey all constitutional provisions irrespective of their opinion as to the wisdom or the desirability of such provisions and irrespective of the consequences, thus it is said that the courts should be in our alert to enforce the provisions of the United States Constitution and guard against their infringement by legislative fiat or otherwise in accordance with these basic principles, the rule is fixed that the duty in the proper case to declare a law unconstitutional cannot be declined and must be performed in accordance with the delivered judgment of the tribunal before which the validity of the enactment it is directly drawn into question. If the Constitution prescribes one rule and the statute the another in a different rule, it is the duty of the courts to declare that the Constitution and not the statute governs in cases before them for judgment.

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16Am Jur 2d., Const. Law Sec. 255:
“In all instances, where the court exercise it’s power to invalidate legislation on constitutional grounds, the conflict of the statute, with the constitution must be irreconcilable. Thus a statute is not to be declared unconstitutional unless so inconsistent with the constitution that it cannot be enforced without a violation thereof. A clear incompatibility between law and the constitution must exist before the judiciary is justified holding the law unconstitutional. This principle is of course in line with the rule that doubts as the constitutionality should be resolved in favor of the constitutionality and the beneficiary.”

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16Am Jur 2d., Const. Law Sec. 257:
“The actual existence of a statute prior to determination, that it is unconstitutional is an operative fact and may have consequences which can not justify being ignored, when a statute which has been in effect for some time is declared unconstitutional, questions of rights claimed to have become vested of status of prior determinations deemed to have finality an acted upon accordingly and of public policy in the light of the nature, both of the statute and of it’s previous application demand examination. It has been said that in all inclusive statement of the principle of absolute retroactive inviolability cannot be justified. An unconstitutional statute is not necessarily a nullity it may have indeterminate consequences binding on the people.”

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16Am Jur 2d., Const. Law Sec. 258:
“On the other hand it is clear that Congress cannot by authorization or ratification give the slightest effect to a state law or constitution which is in conflict with the Constitution of the United States.”

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16Am Jur 2d., Const. Law Sec. 260:
“Although it is manifested that an unconstitutional provision in the statute is not cured because included in the same act with valid provisions and that there is no degrees of constitutionality.”

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Owen v. Independence 100 Vol. Supreme Court Reports. 1398:(1982)
Main v. Thiboutot 100 Vol. Supreme Court Reports. 2502:(1982)
“The right of action created by statute relating to deprivation under color of law, of a right secured by the constitution and the laws of the United States and comes claims which are based solely on statutory violations of Federal Law and applied to the claim that claimants had been deprived of their rights, in some capacity, to which they were entitled.”
“Officers of the court have no immunity when violating constitutional right, from liability”

(When any public servant violates your rights they do so at their own peril.)

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Title 18 sect 2381 – Capitol Felony Treason:
“In the presents of two or more witnesses of the same overt act, or in a open court of law, if you fail to timely move to protect and defend the Constitution of the United States and honor your oath of office, you are subject to the charge of capital felony treason.”

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Title 18 US Code Sec. 241 & Sec. 242:
“If upon conviction, you are subject to a $10,000.00 fine, ten years in jail, or both, and if theft results, life in prison.”

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HOW TO UNDERSTAND THE DIFFERENCES BETWEEN                                                                    STATUTES, REGULATIONS, ORDINANCES AND COMMON LAW

Citizens are subject to a variety of laws made by city, county, state and federal governments. In general, all laws are part of a hierarchy in which federal laws are at the top, local laws at the bottom, and state laws somewhere in between. In order for individuals to work effectively on behalf of animals, it is important to understand how these laws fit together. A brief summary follows of each of the different kinds of laws, with an explanation of how they are interrelated. (Please note that Tribal lands are sovereign nations, each with their own sets of laws.)

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STATUTES

The United States Constitution is the supreme law of the land. No federal or state law may violate it. Federal laws (statutes), enacted by the United States Congress, must be followed by every state in the country. If a state law contradicts a federal law, the federal statute preempts the state law, and the state will be required to abide by the federal statute. However, federal laws do not cover all areas of the law, and in those instances, state or local laws will control.

Similarly, within a state, the state constitution represents the highest legal authority. The state may then enact state statutes, which apply to everyone within the state. State statutes cannot violate the state constitution, the federal constitution, or federal law.

The term “statute” simply refers to a law enacted by a legislative body of a government, whether federal or state. At the federal level, statutes regarding animals usually focus on the interstate aspects of our relationships to animals. Protection of migratory birds, for example, or the importation, interstate transportation and sale of endangered animals are covered by federal statutes.

The states have the authority to regulate animals within their borders. Wildlife is considered to be held in public trust by a state for the benefit of its citizens. Each state may enact laws to govern how its wildlife is used, protected, etc. Domestic animals are privately owned, and are generally considered to be property under state law. A state may enact laws to govern how these animals are bought and sold. A state may also enact laws for the benefit of public health and welfare, which govern how animals may be treated. However, state statutes are sometimes challenged. For instance, when there is a question as to a statute’s meaning, or to determine if a statute follows the state constitution, the Supreme Court is asked to review the law. The Court then writes an opinion on that law.

State statutes are the starting points for most animal law in New Mexico. State statutes provide the framework for the comprehensive structure of animal law throughout the state. The state cannot explicitly cover all the potential interests in animal law by statute, however, so it delegates some of its authority to state agencies and to local units of government (counties and cities). For instance, state laws and local animal control ordinances govern conduct involving animal cruelty.

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REGULATIONS

State executive agencies carry out state laws through the development and enforcement of regulations in specific areas of animal law. The state Game Commission, Racing Commission, Livestock Board, and Veterinary Board are state executive agencies.

Authorized by statutes, regulations (sometimes called rules or administrative laws) have the effect of law. Someone violating a regulation is, in effect, violating the law that created it. Regulations are designed to increase flexibility and efficiency in the operation of laws. Many of the actual working provisions of statutes are embodied in regulations.

Most regulations are developed and enacted through a rule-making process, which includes public input. State agencies hold open meetings and public hearings, allowing citizens to participate in the creation of regulations. Participation in the process is extremely important, but often overlooked by citizens. It provides a unique opportunity for citizens to influence and shapes their laws directly. Most regulations are in effect for only a limited period of time and must be updated or reenacted on a regular basis.

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ORDINANCES

Just as a state may delegate the authority to make regulations to administrative agencies, it may also delegate certain powers to other units of government within the state. County and municipal governments enact laws, often called ordinances, via specific powers granted to them by the state. County and municipal ordinances apply to everyone within the county or municipality limits. These ordinances may not violate state or federal laws.

The powers of county and municipal governments relating to animals typically include such things as: regulation of companion animals through leash laws and vaccination registration laws; regulation of issues relating to public health and safety; and regulation of the number and kinds of animals that may be kept within county or city boundaries.

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COMMON LAW

Common law is sometimes called “judge-made” law. It consists of the rules of law that come from the written decisions of judges who hear and decide litigation (lawsuits). Judges are empowered to make these decisions by the constitution and statutes. When a judge decides a case and publishes a written decision, the decision becomes the precedent for future litigation.

In conclusion, it is necessary to be familiar with all these areas of the law, so that animals may be protected to the highest degree allowable. A greater understanding of current laws (including how they are enforced) will lead to an understanding of which laws need to be changed in order to afford animals the most protection possible.

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“COMMON LAW”

Government can control only what it creates, so “Common Law” in that realm is entirely different from common law references to results of a jury of men.  In common law, there is no “one man” as judge unless the people involved give him jurisdiction, which in fraud happens in the lower “traffic” courts, and there is no constitutional provision for traffic court.  People have the right travel, without restriction of movement.  Such a restriction is for slaves or prisoners of war, also known as U.S. citizens/PERSONS/STATE EMPLOYEES.

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READ CAREFULLY!!!!

“With such overwhelming case law there is no question about the fact of the claim made here statutes are not law. Plaintiff/the court now challenges prosecution and Magistrate to prove the statutes apply to plaintiff/court. Plaintiff denies being a government employee if the prosecution or state or Magistrates wish to say different then prove “I/you” have been a paid employee of federal or state Government.  As well article 1 section 8 clause 14 says clearly the government makes the rules for the government not the people. Cruden v. Neale, 2 N.C. 338 (1796) 2 S.E.].”

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Constitutionally, “a statutory presumption cannot be sustained if there be no rational connection between the fact proved and the ultimate fact presumed.” Tot v United States, 319 US 463, 467; 63 S.Ct. 1241, 1245, 87 L.Ed.2d 1519 (1943).

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“Statutes apply only to state created creatures known as corporations no matter whether [creatures of statute and offices of] state, local, or federal [government].” (Colonial Pipeline Co. v. Traigle, 421 US 100. (1975) ).

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“A statute will not be presumed to have extra territorial effect… outside the [territorial] jurisdiction of the legislature.. over persons residing outside the (territorial) jurisdiction of the legislature.” (Bond v Jay, 7 Cranch 350, 3 L Ed 367).

A “Statute’ is not a Law,” (Flournoy v. First Nat. Bank of Shreveport, 197 La. 1067, 3 So.2d 244, 248),

A “Code’ or Statute’ is not a Law,” (Flournoy v. First Nat. Bank of Shreveport, 197 La. 1067, 3 So.2d 244, 248),

A “Code’ is not a Law,” (In Re Self v Rhay Wn 2d 261), in point of fact in Law).

A concurrent or ‘joint resolution’of legislature is not “Law,” (Koenig v. Flynn, 258 N.Y. 292, 179 N. E. 705, 707; Ward v State, 176 Okl. 368, 56 P.2d 136, 137; State ex rel. Todd v. Yelle, 7 Wash.2d 443, 110 P.2d 162, 165).

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…lacking due process[of law], in that they are ‘void for ambiguity’ in their failure to specify the statutes’ applicability to ‘natural persons,’ otherwise depriving the same of fair notice, as their construction by definition of terms aptly identifies the applicability of such statutes to “artificial or fictional corporate entities or ‘persons’, creatures of statute, or those by contract employed as agents or representatives, departmental subdivisions, offices, officers, and property of the government, but not the ‘Natural Person’ or American citizen Immune from such jurisdiction of legalism. (Rodriques v. Ray Donavan, U.S. Department of Labor, 769 F.2d 1344, 1348 (1985));

All codes, rules, and regulations are for government authorities only, not human/Creators in accord with God’s Laws. “All codes, rules, and regulations are unconstitutional and lacking due process of Law..”(Rodriques v. Ray Donavan, U.S. Department of Labor, 769 F.2d 1344, 1348 (1985)); …lacking due process of law, in that they are ‘void for ambiguity’ in their failure to specify the statutes’ applicability to ‘natural persons,’ otherwise depriving the same of fair notice, as their construction by definition of terms aptly identifies the applicability of such statutes to “artificial or fictional corporate entities or ‘persons’, creatures of statute, or those by contract employed as agents or representatives, departmental subdivisions, offices, officers, and property of the government, but not the ‘Natural Person’ or American citizen Immune from such jurisdiction of legalism.

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“The Common Law is the real law, the Supreme Law of the land. The codes, rules, regulations, policy and statutes are “not the law.” (Self v. Rhay, 61 Wn 2d 261), They are the law of government for internal regulation, not the law of man, in his separate but equal station and natural state, a sovereign foreign with respect to government generally.

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“The general rule is that an unconstitutional statute, though having the form and name of law, is in reality no law, but is wholly void, and ineffective for any purpose; since unconstitutionality dates from the time of it’s enactment, and not merely from the date of the decision so branding it.”

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“It (the legislature or statutory laws) may not violate constitutional prohibits or guarantees OR AUTHORIZE OTHERS TO DO SO.” Lockard v. Los Angeles 33 Cal2d 553; Cert den 337 US 939.

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Constitutionally, “a statutory presumption cannot be sustained if there be no rational connection between the fact proved and the ultimate fact presumed.” Tot v United States, 319 US 463, 467; 63 S.Ct. 1241, 1245, 87 L.Ed.2d 1519 (1943).

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U.S. Const., Art. VI, cl. 2; Maryland v Louisiana, 451 US 725, 746; 101 S Ct 2114; 68 L Ed 2d 576 (1981) reveals that, “Where a state statute conflicts with, or frustrates, federal law, the former must give way.”

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“If there should happen to be an irreconcilable variance between the two Constitution is to be preferred to the statute.” (A. Hamilton, Federalist Papers #78 See also Warning V. The Mayor of Savannah, 60 Georgia, P.93; First Trust Co. v. Smith, 277 SW 762. Marbury v. Madison, 2 L Ed 60; and Am.Juris. 2d Constitutional Law section 177-178)

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“It (the legislature or statutory laws) may not violate Constitutional prohibits or guarantees OR AUTHORIZE OTHERS TO DO SO.” Lockard v. Los Angeles 33 Cal2d 553; Cert den 337 US 939.

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Weimer v Bunbury, 30 Mich 291; 1874 Mich. LEXIS 168 (1874) reveals that “The Bill of Rights in the American Constitution has not been drafted for the introduction of new law, but to secure old [already existing] principles against abrogation or violation.”

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Every man is independent of all laws, except those prescribed by nature. He is not bound by any institutions formed by his fellow man without his consent. Mugler v. Kansas 123 U.S. 623, 659-60.

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“Insofar as a statute runs counter to the fundamental law of the land, (constitution) it is superseded thereby.” (16 Am Jur 2d 177, Late Am Jur 2d. 256)

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“Where rights secured by the Constitution are involved, there can be no rule making or legislation which would abrogate them.” – Miranda v. Arizona, 384 U.S. 436, 491.

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“The claim and exercise of a constitutional right cannot be converted into a crime.” Miller v. U.S., 230 F 2d 486, 489.

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“There can be no sanction or penalty imposed upon one because of this exercise of Constitutional rights.”- Sherar v. Cullen, 481 F. 945.

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To disregard Constitutional law, and to violate the same, creates a sure liability upon the one involved:  “State officers may be held personally liable for damages based upon actions taken in their official capacities.” Hafer v. Melo, 502 U.S. 21 (1991).

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If the U.S. Supreme Court acknowledged the authority of the common law Grand Jury (U.S. v. Williams), why would the state have authority to counter that opinion? The common law is superior to all statutory law, and we must only invoke it in the right way to have superior standing. We need to stop
putting the common law and the Grand Juries underneath their inferior statutory laws. The people (singular AND plural) have the ultimate authority!

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American Jurisprudence 2nd 1964 vol. 16 CONSTITUTIONAL LAW § 177 Generally statute leaves the question that it purports to settle just as it would be had the statute not been enacted. Since an unconstitutional law is void, the general principles follow that it imposes no duties, confers no rights, creates no office, bestows no power or authority on anyone, affords no protection, and justifies no acts performed under it. A contract which rests on an unconstitutional statute creates no obligation to be impaired by subsequent legislation.

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No one is bound to obey an unconstitutional law and no courts are bound to enforce it. Indeed, insofar as a statute runs counter to the fundamental law of the land, it is superseded thereby. It is said that all persons are presumed to know the law, meaning that ignorance of the law excuses no one; if any person acts under an unconstitutional statute, he does so at his peril and must take the consequences. Pg. 403 – 405 16Am Jur 2d., Const. Law Sec. 70:

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“If there should happen to be an irreconcilable variance between the two Constitution is to be preferred to the statute.” (A. Hamilton, Federalist Papers #78 See also Warning V. The Mayor of Savannah, 60 Georgia, P.93; First Trust Co. v. Smith, 277 SW 762. Marbury v. Madison, 2 L Ed 60; and Am.Juris. 2d Constitutional Law section 177-178).

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“All codes, rules and regulations are applicable to the government authorities only, not human/Creators in accordance with God’s laws. All codes, rules and regulations are unconstitutional and lacking in due process …” Rodriques v Ray Donavan (U.S. Department of Labor), 769 F. 2d 1344, 1348 (1985).

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“All codes, rules, and regulations are unconstitutional and lacking due process of Law..”
(Rodriques v. Ray Donavan, U.S. Department of Labor, 769 F.2d 1344, 1348 (1985)); …lacking due process of law, in that they are ‘void for ambiguity’ in their failure to specify the statutes’ applicability to ‘natural persons,’ otherwise depriving the same of fair notice, as their construction by definition of terms aptly identifies the applicability of such statutes to “artificial or fictional corporate entities or ‘persons’, creatures of statute, or those by contract employed as agents or representatives, departmental subdivisions, offices, officers, and property of the government, but not the ‘Natural Person’ or American citizen Immune from such jurisdiction of legalism.

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“All codes, rules and regulations are applicable to the government authorities only, not human/Creators in accordance with God’s laws. All codes, rules and regulations are unconstitutional and lacking in due process …” Rodriques v Ray Donavan (U.S. Department of Labor), 769 F. 2d 1344, 1348 (1985).

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U.S. Const., Art. Vl, cl. 2; Maryland v Louisiana, 451 US 725; 746; 101 S Ct 2114; 68 L Ed 2d 576 (1981) reveals that. “Where a state statute conflicts with, or frustrates, federal law, the former must give way.”

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“It (the legislature or statutory laws) may not violate constitutional prohibits or guarantees OR AUTHORIZE OTHERS TO DO SO.” Lockard v. Los Angeles 33 Cal2d 553; Cert den 337 US 939.

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Constitutionally, “a statutory presumption cannot be sustained if there be no rational connection between the fact proved and the ultimate fact presumed.” Tot v United States, 319 US 463, 467; 63 S.Ct. 1241, 1245, 87 L.Ed.2d 1519 (1943).

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Words and phrases in statues must be construed according to the rules of grammer and their common and approved usuage…Velquez. V. East strousburg,949.A2d 354,358-359(PA Cmwlth.2007)….

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The separate source of substantive law must constitute a “money-mandating constitutional provision, statute or regulation that has been violated, or an express or implied contract with the United States.” Loveladies Harbor, Inc. v. United States, 27 F.3d 1545, 1554 (Fed. Cir. 1994).

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In order for a claim against the United States founded on statute or regulation to be successful, the provisions relied upon must contain language which could fairly be interpreted as mandating recovery of compensation from the government.” Cummings v. United States, 17 Cl. Ct. 475, 479 (1989), aff’d, 904 F.2d 45 (Fed. Cir. 1990); see also United States v. Testan, 424 U.S. 392, 398 (1976).

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“All laws, rules and practices which are repugnant to the Constitution are and void.” Marbury v. Madison, 5th US (2 Cranch) 137, 180.

“The Constitution of these United States is the supreme law of the land. Any law that is repugnant to the Constitution is null and void of law.” Marbury v. Madison, 5 US 137:

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16 Am Jur 2d, Sec 177 late 2d, Sec 256:
The general misconception is that any statute passed by legislators bearing the appearance of law constitutes the law of the land. The U.S. Constitution is the supreme law of the land, and any statute, to be valid, must be in agreement. It is impossible for both the Constitution and a law violating it to be valid; one must prevail. This is succinctly stated as follows:
The General rule is that an unconstitutional statute, though having the form and name of law is in reality no law, but is wholly void and ineffective for any purpose; since unconstitutionality dates from the time of its enactment and not merely from the date of the decision so branding it. An unconstitutional law, in legal contemplation, is as inoperative as if it had never been passed. Such a statute leaves the question that it purports to settle just as it would be had the statute not been enacted.
Since an unconstitutional law is void, the general principles follow that it imposes no duties, confers no rights, creates no office, bestows no power or authority on anyone, affords no protection, and justifies no acts performed under it.
A void act cannot be legally consistent with a valid one. An unconstitutional law cannot operate to supersede any existing valid law. Indeed, insofar as a statute runs counter to the fundamental law of the
land, it is superseded thereby.
No one is bound to obey an unconstitutional law and no courts are bound to enforce it.

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SUI JURIS – THE OFFICIAL STATE OFFICE KNOWN AS “PERSON”

“Liberty means responsibility. That is why most men dread it.”    George Bernard Shaw

THIS IS THE SINGLE MOST IMPORTANT LESSON THAT YOU MUST LEARN. IF YOU SPEND AN HOUR TO LEARN THIS MATERIAL YOU WILL BE REWARDED FOR THE REST OF YOUR LIFE.

“The word “person” in legal terminology is perceived as a general word which normally includes in its scope a variety of entities other than human beings. See e. g. 1 U. S. C. sec 1. Church of Scientology v. U. S. Dept. of Justice (1979) 612 F. 2d 417, 425.”

One of the very first of your STATE statutes will have a section listed entitled “Definitions.” Carefully study this section of the statutes and you will find a portion that reads similar to this excerpt.

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U.C.C. – ARTICLE 1 – GENERAL PROVISIONS                                                                                            PART 2. GENERAL DEFINITIONS AND PRINCIPLES OF INTERPRETATION

(25) “Organization” means a person other than an individual.

(26) “Party”, as distinguished from “third party”, means a person that has engaged in a transaction or made an agreement subject to [the Uniform Commercial Code].

(27) “Person” means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government, governmental subdivision, agency, or instrumentality, public corporation, or any other legal or commercial entity.

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In construing these statutes and each and every word, phrase, or part hereof, where the context will permit:

(1) The singular includes the plural and vice versa.

(2) Gender-specific language includes the other gender and neuter.

(3) The word “person” includes individuals, children, firms, associations, joint adventures, partnerships, eSTATEs, trusts, business trusts, syndicates, fiduciaries, corporations, and all other groups or combinations.

NOTE HOWEVER, THE DEFINITIONS STATUTE DOES NOT LIST MAN OR WOMAN, THEREFORE THEY ARE EXCLUDED FROM ALL THE STATUTES !!!

Under the rule of construction “expressio unius est exclusio alterius,” where a statute or Constitution enumerates the things on which it is to operate or forbids certain things, it is ordinarily to be construed as excluding from its operation all those not expressly mentioned.

Generally words in a statute should be given their plain and ordinary meaning. When a statute does not specifically define words, such words should be construed in their common or ordinary sense to the effect that the rules used in construing statutes are also applicable in the construction of the Constitution. It is a fundamental rule of statutory construction that words of common usage when used in a statute should be construed in their plain and ordinary sense.

If you carefully read the statute laws enacted by your STATE legislature you will also notice that they are all written with phrases similar to these five examples :

1. A person commits the offense of failure to carry a license if the person …

2. A person commits the offense of failure to register a vehicle if the person …

3. A person commits the offense of driving uninsured if the person …

4. A person commits the offense of fishing if the person …

5. A person commits the offense of breathing if the person …

Notice that only “persons” can commit these STATE legislature created crimes. A crime is by definition an offense committed against the “STATE.” If you commit an offense against a human, it is called a tort. Examples of torts would be any personal injury, slander, or defamation of character.

So how does someone become a “person” and subject to regulation by STATE statutes and laws?

There is only one way. Contract! You must ask the STATE for permission to volunteer to become a STATE person. You must volunteer because the U. S. Constitution forbids the STATE from compelling you into slavery. This is found in the 13th and 14th Amendments.

13th Amendment:  [defacto corporation]
Section 1. Neither slavery nor involuntary servitude, except as a punishment for crime, whereof the party shall have been duly convicted, shall exist within the United STATEs, or any place subject to their jurisdiction.

14th Amendment:  [defacto corporation]
Section 1. 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. No STATE shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any STATE deprive any person of life, liberty, or property, without due process of law, nor deny any person within its jurisdiction the equal protection of the laws.

You become a STATE created statutory “person” by taking up residency with the STATE and stepping into the office of “person.” You must hold an “office” within the STATE government in order for that STATE government to regulate and control you. First comes the legislatively created office, then comes their control. If you do not have an office in STATE government, the legislature’s control over you would also be prohibited by the Declaration of Rights section, usually found to be either Section I or II, of the STATE Constitution.

The most common office held in a STATE is therefore the office known as “person.” Your STATE legislature created this office as a way to control people. It is an office most people occupy without even knowing that they are doing so.

The legislature cannot lawfully control you because you are a flesh and blood human being. God alone created you and by Right of Creation, He alone can control you. It is the nature of Law, that what One creates, One controls. This natural Law is the force that binds a creature to its creator. God created us and we are, therefore, subject to His Laws, whether or not we acknowledge Him as our Creator.

The way the STATE gets around God’s Law and thereby controls the People is by creating only an office, and not a real human. This office is titled as “person” and then the legislature claims that you are filling that office. Legislators erroneously now think that they can make laws that also control men. They create entire bodies of laws – motor vehicle code, building code, compulsory education laws, and so on ad nauseum. They still cannot control men or women, but they can now control the office they created. And look who is sitting in that office — YOU.

Then they create government departments to administer regulations to these offices. Within these administrative departments of STATE government are hundreds of other STATE created offices. There is everything from the office of janitor to the office of governor. But these administrative departments cannot function properly unless they have subjects to regulate.

The legislature obtains these subjects by creating an office that nobody even realizes to be an official STATE office.

They have created the office of “person.”

The STATE creates many other offices such as police officer, prosecutor, judge etc. and everyone understands this concept. However, what most people fail to recognize and understand is the most common STATE office of all, the office of “person.” Anyone filling one of these STATE offices is subject to regulation by their creator, the STATE legislature. Through the STATE created office of “person,” the STATE gains its authority to regulate, control and judge you, the real human. What they have done is apply the natural law principle, “what one creates, one controls.”

A look in Webster’s dictionary reveals the origin of the word “person.” It literally means “the mask an actor wears.”

The legislature creates the office of “person” which is a mask. They cannot create real people, only God can do that. But they can create the “office” of “person,” which is merely a mask, and then they persuade a flesh and blood human being to put on that mask by offering a fictitious privilege, such as a driver license. Now the legislature has gained complete control over both the mask and the actor behind the mask.

A resident is another STATE office holder.

All STATE residents hold an office in the STATE government.

But not everyone who is a resident also holds the office of “person.”

Some residents hold the office of judge and they are not persons.

Some residents hold the office of prosecutors and they are not persons.

Some residents hold the office of police office(rs) and they are not persons.

Some residents hold the office of legislators and they are not persons.

Some residents are administrators and bureaucrats and they also are not persons.

Some residents are attorneys and they also are not persons.

An attorney is a STATE officer of the court and is firmly part of the judicial branch. The attorneys will all tell you that they are “licensed” to practice law by the STATE Supreme Court. Therefore, it is unlawful for any attorney to hold any position or office outside of the judicial branch. There can be no attorney legislators – no attorney mayors – no attorneys as police – no attorneys as governor. Yes, I know it happens all the time, however, this practice of multiple office holding by attorneys is prohibited by the individual State and U.S. Constitutions and is a felony in most STATEs.

If you read farther into your STATE constitution you will find a clause stating this, the Separation of Powers, which will essentially read as follows:

Branches of government — The powers of the STATE government shall be divided into legislative, executive and judicial branches. No person belonging to one branch shall exercise any powers appertaining to either of the other branches unless expressly provided herein.

Therefore, a police officer cannot arrest a prosecutor, a prosecutor cannot prosecute a sitting judge, a judge cannot order the legislature to perform and so on.

Because these “offices” are not persons, the STATE will not, and cannot prosecute them, therefore they enjoy almost complete protection by the STATE in the performance of their daily duties. This is why it is impossible to sue or file charges against most government employees. If their crimes should rise to the level where they “shock the community” and cause alarm in the people, then they will be terminated from STATE employment and lose their absolute protection. If you carefully pay attention to the news, you will notice that these government employees are always terminated from their office or STATE employment and then are they arrested, now as a common person, and charged for their crimes. Simply put, the STATE will not eat its own.

The reason all STATE residents hold an office is so the STATE can control everything. It wants to create every single office so that all areas of your life are under the complete control of the STATE. Each office has prescribed duties and responsibilities and all these offices are regulated and governed by the STATE. If you read the fine print when you apply for a STATE license or privilege you will see that you must sign a declaration that you are in fact a “resident” of that STATE.

“Person” is a subset of resident. Judge is a subset of resident. Legislator and police officer are subsets of resident. If you hold any office in the STATE, you are a resident and subject to all legislative decrees in the form of statutes.

They will always say that we are free men. But they will never tell you that the legislatively created offices that you are occupying are not free.

They will say, “All men are free,” because that is a true statement.

What they do not say is, that holding any STATE office binds free men into slavery for the STATE. They are ever ready to trick you into accepting the STATE office of “person,” and once you are filling that office, you cease to be free men. You become regulated creatures, called persons, totally created by the legislature. You will hear “free men” mentioned all the time, but you will never hear about “free persons.”

If you build your life in an office created by the legislature, it will be built on shifting sands. The office can be changed and manipulated at any time to conform to the whims of the legislature. When you hold the office of “person” created by the legislature, your office isn’t fixed. Your duties and responsibilities are ever changing. Each legislative session binds a “person” to ever more burdens and requirements in the form of more rules, laws and statutes.

Most STATE constitutions have a section that declares the fundamental power of the People:
Political power — All political power is inherent in the People. The enunciation herein of certain Rights shall not be construed to deny or impair others retained by the People.

Notice that this says “people” it does not say persons. This statement declares beyond any doubt that the People are Sovereign over their created government. This is natural law of creation and the natural flow of delegated power.

A Sovereign is a private, non-resident, non-domestic, non-person, non-individual, NOT SUBJECT to any real or imaginary statutory regulations or quasi laws enacted by any STATE legislature which was created by the People.

When you are pulled over by the police, roll down your window and say, “You are speaking to a Sovereign political power holder. I do not consent to you detaining me. Why are you detaining me against my will?”

Now the STATE office of policeman knows that “IT” is talking to a flesh and blood Sovereign. The police officer cannot cite a Sovereign because the STATE legislature can only regulate what they create. And the STATE does not create Sovereign political power holders. It is very important to lay the proper foundation, Right from the beginning. Let the police officer know that you are a Sovereign. Remain in your proper office of Sovereign political power holder. Do not leave it. Do not be persuaded by police pressure or tricks to put on the mask of a STATE “person.”

Why aren’t Sovereigns subject to the STATE’s charges? Because of the concept of office. The STATE is attempting to prosecute only a particular office known as “person.” If you are not in that STATE created office of “person,” the STATE statutes simply do not apply to you. This is common sense, for example, if you are not in the STATE of Texas, then Texas laws do not apply to you. For the STATE to control someone, they have to first create the office. Then they must coerce a warm-blooded creature to come fill that office. They want you to fill that office.

Here is the often expressed understanding from the United States Supreme Court, that “in common usage, the term “person” does not include the Sovereign, statutes employing the word person are ordinarily construed to exclude the Sovereign.” Wilson v. Omaha Tribe, 442 U. S. 653, 667 (1979) (quoting United States v. Cooper Corp., 312 U. S. 600, 604 (1941)). See also United States v. Mine Workers, 330 U. S. 258, 275 (1947).

The idea that the word “person” ordinarily excludes the Sovereign can also be traced to the “familiar principle that the King is not bound by any act of Parliament unless he be named therein by special and particular words.” Dollar Savings Bank v. United STATEs, 19 Wall. 227, 239 (1874).

As this passage suggests, however, this interpretive principle applies only to “the enacting Sovereign.” United States v. California, 297 U. S. 175, 186 (1936). See also Jefferson County Pharmaceutical Assn., Inc. v. Abbott Laboratories, 460 U. S. 150, 161, n. 21 (1983).

Furthermore, as explained in United States v. Herron, 20 Wall. 251, 255 (1874), even the principle as applied to the enacting Sovereign is not without limitations: “Where an act of Parliament is made for the public good, as for the advancement of religion and justice or to prevent injury and wrong, the king is bound by such act, though not particularly named therein; but where a statute is general, and thereby any prerogative, Right, title, or interest is divested or taken from the king, in such case the king is not bound, unless the statute is made to extend to him by express words.”

U. S. Supreme Court Justice Holmes explained:
“A Sovereign is exempt from suit, not because of any formal conception or obsolete theory, but on the logical and practical ground that there can be no legal Right as against the authority that makes the law on which the Right depends.” Kawananakoa v. Polyblank, 205 U. S. 349, 353, 27 S. Ct. 526, 527, 51 L. Ed. 834 (1907).

The majority of American STATEs fully embrace the Sovereign immunity theory as well as the federal government. See Restatement (Second) of Torts 895B, comment at 400 (1979).

The following U. S. Supreme Court case makes clear all these principals.

I shall have occasion incidentally to evince, how true it is, that STATEs and governments were made for man; and at the same time how true it is, that his creatures and servants have first deceived, next vilified, and at last oppressed their master and maker.

… A STATE, useful and valuable as the contrivance is, is the inferior contrivance of man; and from his native dignity derives all its acquired importance. …

Let a STATE be considered as subordinate to the people: But let everything else be subordinate to the STATE. The latter part of this position is equally necessary with the former. For in the practice, and even at length, in the science of politics there has very frequently been a strong current against the natural order of things, and an inconsiderate or an interested disposition to sacrifice the end to the means. As the STATE has claimed precedence of the people; so, in the same inverted course of things, the government has often claimed precedence of the STATE; and to this perversion in the second degree, many of the volumes of confusion concerning Sovereignty owe their existence. The ministers, dignified very properly by the appellation of the magistrates, have wished, and have succeeded in their wish, to be considered as the Sovereigns of the STATE. This second degree of perversion is confined to the old world, and begins to diminish even there: but the first degree is still too prevalent even in the several STATES, of which our union is composed. By a STATE I mean, a complete body of free persons united together for their common benefit, to enjoy peaceably what is their own, and to do justice to others. It is an artificial person. It has its affairs and its interests: It has its rules: It has its Rights: and it has its obligations. It may acquire property distinct from that of its members. It may incur debts to be discharged out of the public stock, not out of the private fortunes of individuals. It may be bound by contracts; and for damages arising from the breach of those contracts. In all our contemplations, however, concerning this feigned and artificial person, we should never forget, that, in truth and nature, those who think and speak and act, are men. Is the foregoing description of a STATE a true description? It will not be questioned, but it is. …. See Our Enemy The State

It will be sufficient to observe briefly, that the Sovereignties in Europe, and particularly in England, exist on feudal principles. That system considers the prince as the Sovereign, and the people as his subjects; it regards his person as the object of allegiance, and excludes the idea of his being on an equal footing with a subject, either in a court of justice or elsewhere. That system contemplates him as being the fountain of honor and authority; and from his grace and grant derives all franchise, immunities and privileges; it is easy to perceive that such a Sovereign could not be amenable to a court of justice, or subjected to judicial control and actual constraint. It was of necessity, therefore, that suability, became incompatible with such Sovereignty. Besides, the prince having all the executive powers, the judgment of the courts would, in fact, be only monitory, not mandatory to him, and a capacity to be advised, is a distinct thing from a capacity to be sued. The same feudal ideas run through all their jurisprudence, and constantly remind us of the distinction between the prince and the subject.

“No such ideas obtain here (speaking of America): at the revolution, the Sovereignty devolved on the people; and they are truly the Sovereigns of the country, but they are Sovereigns without subjects (unless the African slaves among us may be so called) and have none to govern but themselves; the citizens of America are equal as fellow citizens, and as joint tenants in the Sovereignty.” Chisholm v. Georgia (February Term, 1793) 2 U. S. 419, 2 Dall. 419, 1 L. Ed 440.
There are many ways you can give up your Sovereign power and accept the role of “person.” One is by receiving STATE benefits. Another is by asking permission in the form of a license or permit from the STATE.

One of the subtlest ways of accepting the role of “person,” is to answer the questions of bureaucrats. When a STATE bureaucrat knocks on your door and wants to know why your children aren’t registered in school, or a police officer pulls you over and starts asking questions, you immediately fill the office of “person” if you start answering their questions.

It is for this reason that you should ignore or refuse to “answer” their questions and instead act like a true Sovereign, a King or Queen, and ask only your own questions of them.

You are not a “person” subject to their laws.

If they persist and haul you into their court unlawfully, your response to the judge is simple and direct, you the Sovereign, must tell him:

I have no need to answer you in this matter.

It is none of your business whether I understand my Rights or whether I understand your fictitious charges.

It is none of your business whether I want counsel.

The reason it is none of your business is because I am not a person regulated by the STATE. I do not hold any position or office where I am subject to the legislature. The STATE legislature does not dictate what I do.

I am a free Sovereign “Man”(or woman) and I am a political power holder as lawfully decreed in the STATE Constitution at article I (or II) and that constitution is controlling over you.

You must NEVER retain or hire an attorney, a STATE officer of the court, to speak or file written documents for you. Use an attorney (if you must) only for counsel and advice about their “legal” system. If you retain an attorney to represent you and speak in your place, you become “NON COMPOS MENTIS”, not mentally competent, and you are then considered a ward of the court. You LOSE all your Rights, and you will not be permitted to do anything herein.

The judge knows that as long as he remains in his office, he is backed by the awesome power of the STATE, its lawyers, police and prisons. The judge w ill try to force you to abandon your Sovereign sanctuary by threatening you with jail. No matter what happens, if you remain faithful to your Sovereignty, The judge and the STATE may not lawfully move against you.

The STATE did not create the office of Sovereign political power holder. Therefore, they do not regulate and control those in the office of Sovereign. They cannot ascribe penalties for breach of that particular office. The reason they have no authority over the office of the Sovereign is because they did not create it and the Sovereign people did not delegate to them any such power.

When challenged, simply remind them that they do not regulate any office of the Sovereign and that their statutes only apply to those STATE employees in legislative created offices.

This Sovereign individual paradigm is explained by the following U. S. Supreme Court case:
“The individual may stand upon his constitutional Rights as a citizen. He is entitled to carry on his private business in his own way. His power to contract is unlimited. He owes no such duty [to submit his books and papers for an examination] to the STATE, since he receives nothing therefrom, beyond the protection of his life and property. His Rights are such as existed by the law of the land [Common Law] long antecedent to the organization of the STATE, and can only be taken from him by due process of law, and in accordance with the Constitution. Among his Rights are a refusal to incriminate himself, and the immunity of himself and his property from arrest or seizure except under a warrant of the law. He owes nothing to the public so long as he does not trespass upon their Rights.” Hale v. Henkel, 201 U. S. 43 at 47 (1905).

Let us analyze this case. It says, “The individual may stand upon his constitutional Rights.” It does not say, “Sit on his Rights.” There is a principle here: “If you don’t use ’em you lose ’em.” You have to assert your Rights, demand them, “stand upon” them.

Next it says, “He is entitled to carry on his private business in his own way.” It says “private business” – you have a Right to operate a private business. Then it says “in his own way.” It doesn’t say “in the government’s way.”

Then it says, “His power to contract is unlimited.” As a Sovereign individual, your power to contract is unlimited. In common law there are certain criteria that determine the validity of contracts. They are not important here, except that any contract that would harm others or violate their Rights would be invalid. For example, a “contract” to kill someone is not a valid contract. Apart from this obvious qualification, your power to contract is unlimited.

Next it says, “He owes no such duty [to submit his books and papers for an examination] to the STATE, since he receives nothing therefrom, beyond the protection of his life and property.” The court case contrasted the duty of the corporation (an entity created by government permission – feudal paradigm) to the duty of the Sovereign individual. The Sovereign individual doesn’t need and didn’t receive permission from the government, hence has no duty to the government.

Then it says, “His Rights are such as existed by the law of the land [Common Law] long antecedent to the organization of the STATE.” This is very important. The Supreme Court recognized that humans have inherent Rights. The U. S. Constitution (including the Bill of Rights) does not grant us Rights. We have fundamental Rights, irrespective of what the Constitution says. The Constitution acknowledges some of our Rights. And Amendment IX STATEs, “The enumeration in the Constitution, of certain Rights, shall not be construed to deny or disparage others retained by the people.” The important point is that our Rights antecede (come before, are senior to) the organization of the STATE.

Next the Supreme Court says, “And [his Rights] can only be taken from him by due process of law, and in accordance with the Constitution.” Does it say the government can take away your Rights? No! Your Rights can only be taken away “by due process of law, and in accordance with the Constitution.” “Due process of law” involves procedures and safeguards such as trial by jury. “Trial By Jury” means, inter alia, the jury judges both law and fact.

Then the case says, “Among his Rights are a refusal to incriminate himself, and the immunity of himself and his property from arrest or seizure except under a warrant of the law.” These are some of the Rights of a Sovereign individual. Sovereign individuals need not report anything about themselves or their businesses to anyone.

Finally, the Supreme Court says, “He owes nothing to the public so long as he does not trespass upon their Rights.” The Sovereign individual does not have to pay taxes.

If you should discuss Hale v. Henkel with a run-of-the-mill attorney, he or she will tell you that the case is “old” and that it has been “overturned.” If you ask that attorney for a citation of the case or cases that overturned Hale v. Henkel, there will not be a meaningful response. We have researched Hale v. Henkel and here is what we found :

“We know that Hale v. Henkel was decided in 1905 in the U. S. Supreme Court.

Since it was the Supreme Court, the case is binding on all courts of the land, until another Supreme Court case says it isn’t. Has another Supreme Court case overturned Hale v. Henkel? The answer is NO. As a matter of fact, since 1905, the Supreme Court has cited Hale v. Henkel a total of 144 times. A fact more astounding is that since 1905, Hale v. Henkel has been cited by all of the federal and STATE appellate court systems a total of over 1600 times. None of the various issues of this case has ever been overruled.

So if the STATE through the office of the judge continues to threaten or does imprison you, they are trying to force you into the STATE created office of “person.” As long as you continue to claim your Rightful office of Sovereign, the STATE lacks all jurisdiction over you. The STATE needs someone filling the office of “person” in order to continue prosecuting a case in their courts.

A few weeks in jail puts intense pressure upon most “persons.” Jail means the loss of job opportunities, separation from loved ones, and the piling up of debts. Judges will apply this pressure when they attempt to arraign you. When brought in chains before a crowded courtroom the issue of counsel will quickly come up and you can tell the court you are In Propria Persona or simply “PRO PER”, as yourself and you need no other.

Do not sign their papers or cooperate with them because most things about your life are private and are not the STATE’s business to evaluate. Here is the Sovereign People’s command in the constitution that the STATE respect their privacy:

Right of privacy — Every man or woman has the Right to be let alone and free from governmental intrusion into their private life except as otherwise provided herein. This section shall not be construed to limit the public’s Right of access to public records and meetings as provided by law. See U.S. Constitution, Ninth Amendment

If the judge is stupid enough to actually follow through with his threats and send you to jail, you will soon be released without even being arraigned and all charges will be dropped. You will then have documented prima facie grounds for false arrest and false imprisonment charges against him personally.

Now that you know the hidden evil in the word “person”, try to stop using it in everyday conversation. Simply use the correct term, MAN or WOMAN. Train yourself, your family and your friends to never use the derogatory word “person” ever again.

This can be your first step in the journey to get yourself free from all STATE control.

 

Please read article here: http://www.barefootsworld.net/sui_juris/person.html