Rights Vs. Privileges? State granted or God-given!
Posted in: General
This is the fundamental question in regards to the law. Do you believe that you are free and that the purpose of the state is to protect your property and liberty! Or do you believe that you are a taxpayer and a subject citizen of the state and that you should sacrifice yourself to some vague greater good known only as the public interest? Are you the Master or the Slave? The engine or the genius behind the design? How you decide on this question will determine whether you support the idea of a Republican form of government; that is a limited government based on the rule of law or one that is based on protecting the interests of the people as a whole. The rule of law is a set of unchanging principals, such as the Ten commandments which are the root of the Common law, which is the basis of what is known as Constitutional law.
Constitutional Law is actually a misnomer; the laws of the land are not the Constitution but the Bill of Rights. The Bill of Rights is a separate and distinct document from the U.S. Constitution. The U.S. Constitution is the limits of the government; it has nothing to do with the Law. The Bill of rights is derived from Thomas Paine concept of Natural law as expressed in his book Commonsense. The whole meaning of the American Common Law can be extrapolated from the first sentence of the second paragraph of the Declaration of Independence. “We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.”
All men are created equal, that the power is endowed not granted; God is a part of Man indivisible. Unalienable Rights- Unable to take away, unable to lien. The state is unable to tax the human being, nor restrict one’s liberties, nor limit one’s ability to procure happiness. Which can be interpreted as declaring a certain moral code or limit the choice of an occupation.
The key is found in the definition of a “person”; 4 U.S.C. Section 110(a) defines the person by pointing to a nonexistent 26 U.S.C. Section 3797. 26 U.S.C. 7701(a) (a) defines “person” as follows:
Sec. 7701(a)(1) Person. The term “person” shall be constructed to mean and include an individual, a trust, estate, partnership,association,company or corporation.
An Inhabitant as defined in the Articles of Confederation, is a natural born person who is sovereign and is not subject to the UCC, but rather the Common Law. There is a big difference between the legal rights of a natural person and that of an artificial person. The artificial person is subject to the UCC and does not have rights as defined in the Bill of rights, but privileges granted solely by the government within the laws written and enforced by that government.
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