It looks like you're using an Ad Blocker.
Please white-list or disable AboveTopSecret.com in your ad-blocking tool.
Thank you.
Some features of ATS will be disabled while you continue to use an ad-blocker.
Originally posted by hawkiye
reply to post by duality90
Are you trying to tell me that every law passed by Congress or state legislature is in fact, not a law because it has not been sent for referendum by everyone? Are you insane?
Legislatures only pass statutes that restrict government through regulation. Those statutes do not apply to the people. That is the scope of thier authority by consent of the people. However they now overstep that authority and attorneys and police enforce thier decrees unlawfully on the people. "Government derives thier just powers by the consent of the governed". Democracy or mob rules does not constitute tacit consent for all to be subject to unlawful statute. The people being ignorant and through coercion intimidation and fear comply which allows attorneys like you to make an above average living off thier misery and suffering, producing and contributing nothing to society but perpetuating misery and suffering of your fellow man. As the saying goes one attorney in a town will starve, two in the same town will make a good living.
edit on 11-3-2011 by hawkiye because: (no reason given)
Originally posted by duality90
Originally posted by daddio
Originally posted by charles1952
I have seen some wildly incorrect statements on this thread, some that are close to correct and some that are absolutely correct. But for the moment, let's leave all that aside. Let us come together as reasonable people and start from an assumption. Yes, let us assume for this discussion that the Freeman argument is philosophically and politically correct.
Given that, you might ask, what possible objection might I have to everyone on this thread using the Freeman defense whenever they're in legal trouble? My friends, the answer is simple:
IT DOESN'T !@#$%^&*()_ WORK!!!!!!! GET IT THROUGH YOUR HEADS!!!!!!!!!
I hope you'll forgive me for that outburst, but I find my eyeballs are spinning, veins are throbbing, and my fingers just acted on their own accord. Perhaps we should all retire for some nice tea.
You are wrong. The "Freeman" ideology may not work always but it does work, and if it works once it means the system IS a fraud. The UCC is the way to go, you can do everything, because YOU are the first lien holder of the ALL CAPS corporate fiction NAME. You get the first payment of ANY claim against the "strawman". This IS a fact and if you think there is no "strawman", look it up in Barrons Law Dictionary, 2nd and 3rd editions, WHY would it even be in there if it weren't true and real?
The UCC regulates commercial contracts and nothing else... jesus f**king christ. Do you even know what a lien is!? and STOP saying you are a corporate fiction - you are not. A corporation is a body of two or more people (or one person, occupying an office that outlives the officeholder i.e. Bishop of Durham) which has legal personality in itself and can raise action in its own name as well as have action raised against it. This 'freeman' nonsense is a steaming pile of stinking lies and misconceptions about the law. If you are not a lawyer and have not read thoroughly on the subject, you plainly do not understand the fundamentals of any legal system, let alone the American one. Do you even understand what a strawman is? (it should be noted that that term basically never comes up these days, save in an isolated set of instances). It has absolutely nothing to do with you appearing before a court for a crime (presumably tax evasion since the whole 'freeman' movement is about evading taxation).
You keep on saying 'consent of the people'. Do you intend that to mean that there has to be consent every single time a law is passed? Or is it implicit consent in the sense that you impliedly agree to abide by the highway code when driving a vehicle on the road?
I don't honestly know how you can stand up and say that no statute ever passed by a legislature, be it federal or state, applies to people unless they directly consent to be bound by it. What you have said is literally a non-truth. Are you trying to tell me that when Texas (as an example as I have lived there) changed the drinking age to 21, that that statute was not binding upon the people because they did not consent to it? Because I'm pretty certain most 18-21s sure as hell didn't directly consent to that (as you keep claiming a statute needs in order to have force of law) and yet, lo and behold, they and everyone else in the state of texas are bound to observe that drinking age, lest they be hauled before a court.
Please, explain your logic as it currently makes no legal sense whatsoever. And don't just go quoting some state or federal constitution, verbatim quoting means nothing. Explain how and why you have reached the conclusion you have.
Originally posted by hawkiye
reply to post by duality90
You keep on saying 'consent of the people'. Do you intend that to mean that there has to be consent every single time a law is passed? Or is it implicit consent in the sense that you impliedly agree to abide by the highway code when driving a vehicle on the road?
I don't honestly know how you can stand up and say that no statute ever passed by a legislature, be it federal or state, applies to people unless they directly consent to be bound by it. What you have said is literally a non-truth. Are you trying to tell me that when Texas (as an example as I have lived there) changed the drinking age to 21, that that statute was not binding upon the people because they did not consent to it? Because I'm pretty certain most 18-21s sure as hell didn't directly consent to that (as you keep claiming a statute needs in order to have force of law) and yet, lo and behold, they and everyone else in the state of texas are bound to observe that drinking age, lest they be hauled before a court.
Please, explain your logic as it currently makes no legal sense whatsoever. And don't just go quoting some state or federal constitution, verbatim quoting means nothing. Explain how and why you have reached the conclusion you have.
It is really quite simple my friend. The state and federal constitutions are the law that those respective governmental bodies must abide by. So taking your Texas example of the drinking age the Texas constitution gives no authority to the legislature to tell the people at what age they can drink hence the legislature is acting outside its scope. Just like the federal constitution gives no authority to the legislature to tell the people they must buy health care or what substances that can put in their bodies etc. the constitutions both state and federal are restrictions on the legislatures, judicial and executive branches of government not on the people. Those branches of government have no authority to legislate or act outside of those parameters and can only act on those things specifically defined in them period. A reasonable study of history of the founding of the several states who formed a union for mutual defense ad free trade ONLY will bear this out.
Of course I wouldn't expect you to have any respect for the constitutions as you show your disdain for them in your last paragraph, because your livelihood depends on operating completely outside them along with the legislatures judicial and executive branches these days as part of the coercion, intimidation, and fear machine that places people in bondage to the illusion of statutes being law applying to men and women.
Originally posted by IamCorrect
What is it with the title, "Video: Judge Admits That The Court Is A Common Law Court" stuff?
Of course it is. And you know what, law students spend the vast majority of their time studying common law concepts and not statutes. Bar exams also focus primarily on common law.
Originally posted by duality90
Originally posted by hawkiye
reply to post by duality90
You keep on saying 'consent of the people'. Do you intend that to mean that there has to be consent every single time a law is passed? Or is it implicit consent in the sense that you impliedly agree to abide by the highway code when driving a vehicle on the road?
I don't honestly know how you can stand up and say that no statute ever passed by a legislature, be it federal or state, applies to people unless they directly consent to be bound by it. What you have said is literally a non-truth. Are you trying to tell me that when Texas (as an example as I have lived there) changed the drinking age to 21, that that statute was not binding upon the people because they did not consent to it? Because I'm pretty certain most 18-21s sure as hell didn't directly consent to that (as you keep claiming a statute needs in order to have force of law) and yet, lo and behold, they and everyone else in the state of texas are bound to observe that drinking age, lest they be hauled before a court.
Please, explain your logic as it currently makes no legal sense whatsoever. And don't just go quoting some state or federal constitution, verbatim quoting means nothing. Explain how and why you have reached the conclusion you have.
I'm no expert by any stretch, but will ask a question. If the public isn't involved in the passing of laws are we not living under a dictatorship? This subject is something I have been pondering...how did we get all these laws/statutes on the books that the common people have no knowledge of? Who gave the people making these statutes/laws the authority to do so?
Originally posted by lellomackin
I waded into this topic a while back, and like Heff, I had a hard time finding any significant victories, only people walking out of court claiming victory and then ...
I am intrigued by all of this, however I have to ask the end game question. And I am not trying to be antagonistic, I seriously want to know what the landscape looks like under a pure common law. There are a lot of fines that I agree are a cooked up money making scheme, but If the general principal is that we are not to be charged for victimless crimes can I;
Drive completely wasted as long as I make it home without killing anyone?
Throw concrete blocks out of my 25th floor window as long as they don't land on anyone?
Also, is animal cruelty punishable under common law? Can they be considered a victim?
Everything I have seen seems to be people to people trying to get out of paying some fine or another (Although the OP's complaint seems legitimate, actually far more than that, and seems like it could be fought through "normal" means.).
I'm mildly curious bout this Free Man stuff myself and no expert, but I'll like to give my POV on your questions.
I'd say yes you can drive home drunk all you want. You should face no punishment unless you kill someone. What's the purpose of punishing someone, for something that may happen?
Same goes for throwing bricks from your window.
I'm unsure concerning animal cruelty. It would depend upon how animals (if) were addressed in Common Law. Though I believe those laws were limited to people. I have no problem with such, because after all animals are animals. It may not be my preference to harm animals but if someone else desires, who am I too punish them?
Anyway, my question is, what freedoms would I have under a pure common law?
And please, before anyone answers, "You're not free now" etc. please address the scenarios above in your post.
Thank you.edit on 11-3-2011 by lellomackin because: ETA: Can charged with animal cruelty under common law? Would an animal be defined as a victim in that scenario?edit on 11-3-2011 by lellomackin because: Cause I don't know how to use edit function, lol
Those with no legal training are quite insistent that the common law is something quite different from what law students and lawyers know it as (go figure - the lawyers apparently don't know what they're talking about)
Originally posted by DZAG Wright
I worked for the Florida Child Support Enforcement Agency for a couple of years.
Even if a child isn't biologically yours, if you signed the BIRTH CERTIFICATE...ha ha...you're that childs father. It will take a judge to get that reversed.
If you missed the summons for paternity...same result.
If you were married to a woman who cheated and the child is proven to biologically be yours....you're the daddy.
The last one is a real kicker...even if it was known you aren't the father, but you play the father role and the child perceives you as father, the judge can rule you as the father in the best interest of the child.
Originally posted by Teckniec
Originally posted by greenovni
Originally posted by Teckniec
Hey mr. green I'm in FL too. If you msg me your email or something maybe we can share our knowledge. I tried to message you but I have to make a certain number of posts. I have been giving my city hell as of late for trying to hide under the color of law for violating my rights.
In regards to the freeman movement, I would say not so effective here in the US, I say our best bet as I think someone mentioned before is to use our constitution and try to get juries educated on their right to nullify laws. Also there are some laws that do help protect you from the government employees 18 U.S.C. § 241& 242. There may be some stuff in your state statues too. The make things difficult so that people wont even try, you just gotta fight till your last breath and show them that you are not going to go down without a fight. Hold them to their social compact. Some common law stuff they still recognize are latin terms like mens rea and corpus delicti but for the most part they will not honor ANYTHING in your favor. Its all a game and if you want to win then study their rules and use it against them, they break their own rules a lot and if you call them out on it its quiet hysterical. Heres some stuff for if your in FL. This is the 1838 original FL constitution, why mention it? well the last section(27) of basic rights
Section 1. That all freemen, when they form a social compact, are equal; and have certain inherent and indefeasible rights, among which are those of enjoying and defending life and liberty; of acquiring, possessing, and protecting property and reputation; and of pursuing their own happiness.
Section 2. That all political power is inherent in the people, and all free governments are founded on their authority, and established for their benefit; and, therefore, they have, at all times, an inalienable and indefeasible right to alter or abolish their form of government, in such manner as they may deem expedient.
Section 6. That the right of trial by jury shall forever remain inviolate.
Section 8. That no freeman shall be taken, imprisoned, or disseized of his freehold, liberties, or outlawed or exiled, or in any manner destroyed or deprived of his life, liberty, or property, but by the law of the land.
The constitution is the supreme law of the land and I believe common law is part of the law of the land as well.
Section 26. That frequent recurrence to fundamental principles, is absolutely necessary to preserve the blessings of liberty.
Section 27. That to guard against transgressions upon the rights of the people, we declare that every thing in this article is excepted out of the general powers of government, and shall forever remain inviolate; and that all laws contrary thereto, or to the following provisions, shall be void.
Theres your power that freeman stuff will only get you in deep s***.
Also wanted to add that the purpose of the judicial branch of government is to judge the law as well not just accept whatever the legislator writes, there is no money in doing their job though Also read the federalist papers regarding the judical branch. You can use that in court I have a case for that....somewhere.edit on 10-3-2011 by Teckniec because: addition.
I too think that the freement movement, at least now & in my situation would bring more trouble than it is worth. I am going with lack of subject matter jurisdiction.
From what I've seen the best defense is to not plea but answer in the form of a demurr or counter claim for subject matter jurisdiction. Also you want to get the judges oath, if he refuses you can list countless cases any case with a clear lack of jurisdiction is null and void. Don't argue with the judge just if he refuses state your cases and make a note of it on the record and you have grounds to appeal. If he intentionally tries to deny your rights you can go after his bond but thats a dangerous game to play.
Originally posted by duality90
Originally posted by Josephus23
reply to post by autowrench
Thanks for keeping the helm during my absence autowrench.
It is difficult being a one eyed person in the world of the blind, but it helps if there are two of us.
This is all absurd. You obviously can't tell the truth to someone who wants to believe so fervently in something non-existent. I can't recall what the case name was but look it up... An American court entertained all of these ideas and promptly dismissed them as a ridiculous attempt to disenfranchise the court of its lawful jurisdiction.
I can't recall what the case name was but look it up.
Expressio unius est exclusio alterius; A maxim of statutory interpretation meaning that the expression of one thing is the exclusion of another. Burgin v. Forbes, 293 Ky. 456, 169 S.W.2d 321, 325; Newblock v. Bowles, 170 Okl. 487, 40 P.2d 1097, 1100. Mention of one thing implies exclusion of another. When certain persons or things are specified in a law, contract, or will, an intention to exclude all others from its operation may be inferred. Under this maxim, if a statute specifies one exception to a general rule or assumes to specify the effects of a certain provision, other exceptions or effects are excluded. Black’s Law Dictionary 5th Edition (emphasis mine)
Inclusio unius est exclusio alterius; /inklũwzh(iy)ow yanáyəs ést əksklũwzh(iy)ow oltíriyəs/. The inclusion of one is the exclusion of another. The certain designation of one person is an absolute exclusion of all others. Burgin v. Forbes, 293 Ky. 456, 169 S.W.2d 321, 325. Black’s Law Dictionary 5th Edition (emphasis mine)
When, in any law or statute, code or regulation, a reference is made to a “person” it is to the exclusion of Natural and sovereign persons or people. This has been held to be truth and fact in all cases.
"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.
paragraph 1." -- Church of Scientology v. US Department of Justice (1979) 612 F2d 417, 425:
(emphasis mine)
"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 its unconstitutionality dates from the time of its enactment... In legal contemplation, it is as inoperative as if it had never been passed... Since an unconstitutional law is void, the general principles follow that it imposes no duties, confers no right, 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 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." Bonnett v. Vallier, 116 N.W. 885, 136 Wis. 193 (1908); NORTON v. SHELBY COUNTY, 118 U.S. 425 (1886) (emphasis mine)