4 votes

Can A State Take Away Your Rights?

ATTENTION MODS: Again I am calling for a separation of the topics of "politics" and "law" - since politics in most cases has virtually nothing to do with actual REAL law.

Amendment IX
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

Amendment X
The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.

My analysis:
In the ninth amendment bear in mind that the states are not mentioned. While enumerating certain specific rights the founders felt very strongly about - the ninth amendment was put in place for the express reason that if they forgot anything - no "government" body could legislate with regard to a perceived right which was not referenced in the constitution.

Take for example certain rights which were so widely understood by "government" at the time - for example the right to travel - since it would seem quite silly to need a "license" to ride a horse... that there was no perceived need to specifically enumerate it in the constitution. It is my assertion that the STATES have created a back door... contracted with you via a commercial "Driver" license - made you and employee and issued you a license to act as one of their agents.

The reason you have this contract called a "DRIVER LICENSE" is because the constitution protects your unlimited right to contract.

Article 1 - Section 10
No State shall...pass any...Law impairing the Obligation of Contracts...

There are many cites which uphold the people's right to travel - unencumbered by licenses or fees however the most specific example of the people's right to travel can be demonstrated by the following Court decision:

"The Right of the Citizen to travel upon the public highways and to transport his property thereon, either by horse drawn carriage or by automobile, is not a mere privilege which a city can prohibit or permit at will, but a common Right which he has under the right to life, liberty, and the pursuit of happiness." ~ Thompson vs. Smith, 154 SE 579

This post is not only about the right to travel but any perceived right that you think you have... which is not enumerated in the constitution - which the STATE has encroached upon.

So the question remains for the readers... granted what you've just been exposed to: CAN A STATE TAKE AWAY A RIGHT IF IT IS NOT EXPRESSLY PROTECTED BY THE US CONSTITUTION?

Just to really drive the point home I present you the following from Article VI:

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 the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any state to the Contrary notwithstanding [not with standing basically means it has no FOUNDATION ... in LAW to STAND ON].

If you DO believe the STATES can do "whatever isn't in the constitution" then provide the references to back it up please. Everyone's got an opinion... the question is can you BACK IT UP with facts?




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If rights are "natural" or "God given", then NO authority...

has the right to deny them to you, Second amendment rights in particular, since the Second Amendment does not begin with "Congress shall make no law..."

All Rights derive from Property.

If something is your property, then you assume the liability of that property. You are free to do whatever you wish with your property, so long as in doing so you do not violate the property of another. Nobody can, with any authority, other than that which you grant through contract, tell you what you can or cannot do with your property. The key point in that last sentence is "other than that which you grant through contract".

Since we have a Right to contract unlimited, you can, through contract, allow a person or corporation to regulate the use of "your" property. We sign into this contract before we learn how to crawl, in the form of a birth certificate and social security number. We sign into this contract when we get a drivers license.

They are legally capable of regulating the use of "your" property because they assume ownership of your property... you do not own your car like you may think you do... you don't own your home like you may think you do... you don't own yourself like you may think you do. Since the Government assumes ownership of your property, they are within the law to enforce your obedience... you've signed a contract!

Your car is not yours, your house is not yours, your land is not yours, you are not yours. If I sign a contract with my neighbor giving him ownership of my car, he can, within the law, charge me for using my/his car. This is the essence of the Governments regulatory capacity. If you were the owner of your body, then you would have the Rights that come with ownership i.e. property rights. If you owned your body, then you should be able to do with and put within your body whatever you desire, so long as you do not infringe on the property of others.

We relinquish our Rights every time we sign a contract, unless you declare below your signature, on every contract, a condition asserting a reservation of rights via UCC 1-308 Without Prejudice. When doing this you make a declaration to the state that you withdraw your employ to the State Corporation and assume all responsibility for your actions and in doing so retain your Rights and Sovereignty. You will, from my studies, have to know the law and be able to express it in court... because your life will be much more difficult being a Sovereign in a Slave State.

I have still much to learn before I myself take the plunge into Sovereignty. For me, Sovereignty is the endowment that our ancestors left for us, for which we are unaware. This is by far the most important thing each of us can do to rebuild this Country. It in essence puts the teeth back into "We The People".

Sincerely,
Victor Escobar

P.S. This is not Legal Advice! If anything I have written is factually incorrect, I would appreciate your insights. I am still learning, and would appreciate any "factual" disputes.

Brother all "sovereignty"

is derived from an evolution of thought.

"I have still much to learn before I myself take the plunge into Sovereignty."

Let me respond to this via a reply to a "typical" response from a public servant at one time when I did not wish to bear witness against myself or provide any evidence of my being a subject to anything let alone a set of corporate by-laws and inter-agency private BAR rules...

He said "Are you one of those 'freemen?'"

I said: "In this country, aren't we all free men and women?"

That's just the thing.

A THING can't have rights. It can't have powers either. People have power. A GROUP is a THING. No GROUP can have rights... it's a THING - a GROUP can only - in our present day society ONLY exist as a piece of paper...

The states have their own constitutions

which protect rights.

“It is not our part to master all the tides of the world, but to do what is in us for the succour of those years wherein we are set, uprooting the evil in the fields that we know, so that those who live after may have clean earth to till." -J.R.R. Tolkien

Protect who's rights?

... or WHAT'S rights?

The rights of

the people within that state.

“It is not our part to master all the tides of the world, but to do what is in us for the succour of those years wherein we are set, uprooting the evil in the fields that we know, so that those who live after may have clean earth to till." -J.R.R. Tolkien

No one can take your rights.

No one can take your rights. Your rights come from your Creator and like the color of your eyes they can't be changed or taken from you. They are yours because you are a living, breathing, human being, not because they are State authorized.

"All laws repugnant to the Constitution are null and void." Chief Justice Marshall, Marbury vs. Madison,

Blessings )o(

+1

deacon's picture

where to start?

isn't the const(fed and state) contracts?
if they are,and we haven't signed onto it,is it legal?
is it binding for the ones who haven't signed them?
are they not a commercial contract by design?

it seems to me this is the case,and the reason why all gov's
do the things they do,like statutes,ordinances and codes
these agencies have no authority over people(but yet they do)
i know the case can be made that not enough know what is going on
and this is how they get away with it,but at the same time the ones who swear their oath,swear it to the corporation,this is not the
people
deacon

setting your expectations to high,can cause depressiuon