let's try again - IMPLIED CONTRACTS

Jan 2008
32,903
9,709
Vertiform City
All right, I've tried this three times already, here on PH - and no one seems to "get" what this means.



So, let's try again. The topic of this thread is: IMPLIED CONTRACTS.



And, specifically as it applies to our government! (or rather, YOU and our government).



Here are the staging questions:



1) UNDER WHAT AUTHORITY can the IRS sieze your property for not paying your taxes?



2) UNDER WHAT AUTHORITY can CPS sieze your children and remove them from your home?



3) UNDER WHAT AUTHORITY does your state consider driving an automobile to be a "privilege" for which a license is required?



Hint: it's the same answer, to all three questions. The word "authority", in this context, means LEGAL authoriy - in other

words, the Powers we're talking about, have to come from "somewhere", right? So, where do they come from?



Here's another hint: only the FIRST of the three, is talked about in the Constitution. So, the US Constitution, is NOT THE RIGHT ANSWER!



'Kay? Now, I'd really like this information to register on you people this time. So, I'm going to give you a REALLY big hint -



Here it is (snipped for length):



Cities in Los Angeles County, listed by incorporation date



City Incorporated



Los Angeles 1850

Beverly Hills 1914

La Puente 1958

Santa Monica 1886

Monterey Park 1916

Pico Rivera 1958

Monrovia 1887

Culver City 1917

South El Monte 1958

Compton 1888

El Segundo 1917

Artesia 1959

Pomona 1888

Montebello 1920

Lawndale 1959

South Pasadena 1888

Lynwood 1921

Rosemead 1959

Redondo Beach 1892

Torrance 1921

Walnut 1959

Pasadena 1886

Hawthorne 1922

Commerce 1960

Long Beach 1897

South Gate 1923

Cudahy 1960

Azusa 1898

West Covina 1923

La Mirada 1960 .....



Santa Fe Springs 1957

Malibu 1991



QUESTION: why does a city need to be "incorporated"? What does it mean, for a city to be "incorporated"?



WHO has legal and law enforcement jurisdiction in an "unincorporated area", and why?



What can an "incorporated" entity do, that an unincorporated entity can't?



KNOW THE LAW. Knowledge is power.



Now let's see, who here has a brain cell, and who's just a Sheeple.
 
Jan 2008
32,903
9,709
Vertiform City
Still think driving is a privilege?



Here, let me enlighten you:



"The use of the highway for the purpose of travel and transportation is not a mere privilege, but a common fundamental right of which the public and individuals cannot rightfully be deprived." Chicago Motor Coach v. Chicago, 169 NE 221.



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



"The right to travel is a part of the liberty of which the citizen cannot be deprived without due process of law under the Fifth Amendment." Kent v. Dulles, 357 US 116, 125.



"The right to travel is a well-established common right that does not owe its existence to the federal government. It is recognized by the courts as a natural right." Schactman v. Dulles 96 App DC 287, 225 F2d 938, at 941.



"The assertion of federal rights, when plainly and reasonably made, is not to be defeated under the name of local practice." Davis v. Wechsler, 263 US 22, at 24



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



"The claim and exercise of a constitutional right cannot be converted into a crime." Miller v. US, 230 F 486, at 489.



There can be no sanction or penalty imposed upon one because of this exercise of constitutional rights." Sherer v. Cullen, 481 F 946



Now - question: UNDER WHAT AUTHORITY does the State issue your driver's "license"?




< crickets > ....
 
Jan 2008
32,903
9,709
Vertiform City
Aw hell.... need another clue? Here's a BIG one:



Let's look at, the history of the legality and illegality of marijuana.



There was a point in time, at which our government invoked the Commerce Clause, so they could TAX pot - only, they never sold

any tax stamps! Thereby, making it "de facto" illegal.



We're talking about the time period between the Marihuana Tax Stamp Act of 1937, and the Comprehensive Drug Abuse Prevention and Control Act of 1970 (title II of which, is the Controlled Substances Act, which is the one that sets up the Schedules, and therefore makes certain substances "illegal").



In fact, if you really want a perfect example of the TRAVESTY of States' Rights in today's world, look at the history of the Uniform Controlled Substances Act, which is the "state" version that was prepared BY the executive branch (AG John Mitchell, under President Nixon) for passage by individual states.



Here's the hint: all of this, is ADMINISTRATIVE law. Want proof? Check into something called the Federal Analog Act, and ask yourself: WHO decides? Answer: The DEA "Administrator", decides. 'Kay?



We need to ask the right question in this thread, about all this:



UNDER WHAT AUTHORITY are all these laws being enforced?



NOWHERE is there a grant of power from the People to the Government, for any of these purposes. Nowhere! And CERTAINLY not in the Constitution!!!



Are you getting it yet? What is "administrative" law? Under what authority or jurisdiction, is there "administrative" law?



Does it talk about "administrative" law anywhere in the Constitution? NO! Is "administrative" law one of the four recognized types of law in the Constitution? NO!!!



So, how did "administrative" law happen? <===
 
Sep 2009
20,209
1,559
Non, It's 1:20 on the east coast ... too tired to play riddle games lol Just tell us what you want us to know. lol
 
Jan 2008
32,903
9,709
Vertiform City
[quote name='Gypsy' date='30 October 2009 - 01:21 AM' timestamp='1256880105' post='47878']

Non, It's 1:20 on the east coast ... too tired to play riddle games lol Just tell us what you want us to know. lol

[/quote]



Nope. You gotta discover the truth on your own, 'cause you're never going to believe me if I just come right out

and tell you.



I'll give you all the information you need though, if you're willing to do a little research.



Just see if you can answer the question: what is "administrative law"? What the heck is it? How did it happen?



It's not in the US Constitution, and it's not in any State Constitution in any of our 50 States.



So, what the heck is our gubmint doing enforcing it? Hm?



I can only lead a horse to water, can't make it drink. But man, once you take that first sip, you're going to

be REALLY PISSED when you discover how thirsty you are!




The simple place to begin, is here: Administrative law, is NOT made by the People. There is NO input from

the People, in the creation of administrative law.



The jurisdiction in question, in a court of law in the United States, is called statutory jurisdiction.



This law, is neither common law, nor civil law, nor admiralty law, nor does it belong to a treaty. It is NOT one of the four types of law recognized by the Constitution.



Except, under ONE circumstance, and I already gave you that circumstance in the very first post in this thread.



Hint: The United States Government, and all its administrative agencies, are incorporated. They are....



... masquerading as commercial entities! BUSINESSES!!!



Perfect for Halloween, right? Boo!
 
Sep 2009
20,209
1,559
[quote name='nonsqtr' date='30 October 2009 - 12:35 AM' timestamp='1256880900' post='47880']

Nope. You gotta discover the truth on your own, 'cause you're never going to believe me if I just come right out

and tell you.



I'll give you all the information you need though, if you're willing to do a little research.



Just see if you can answer the question: what is "administrative law"? What the heck is it? How did it happen?



It's not in the US Constitution, and it's not in any State Constitution in any of our 50 States.



So, what the heck is our gubmint doing enforcing it? Hm?



I can only lead a horse to water, can't make it drink. But man, once you take that first sip, you're going to

be REALLY PISSED when you discover how thirsty you are!




The simple place to begin, is here: Administrative law, is NOT made by the People. There is NO input from

the People, in the creation of administrative law.



The jurisdiction in question, in a court of law in the United States, is called statutory jurisdiction.



This law, is neither common law, nor civil law, nor admiralty law, nor does it belong to a treaty. It is NOT one of the four types of law recognized by the Constitution.



Except, under ONE circumstance, and I already gave you that circumstance in the very first post in this thread.



Hint: The United States Government, and all its administrative agencies, are incorporated. They are....



... masquerading as commercial entities! BUSINESSES!!!



Perfect for Halloween, right? Boo!


[/quote]





Tell ya what ... I will work on this tomorrow. Promise! lol
 
Jan 2008
32,903
9,709
Vertiform City
Come on Gypsy, work with me on this one, 'kay? Here, let me give you a little real-world scenario. I'll amplify a previous example that I used in another thread.



Here's the sitch: you get on the city bus (or, your local commuter train). You purchase a ticket. You find a seat, sit down.... and, you get bored lookin' out the window, so you distractedly flip over the ticket and start reading the back of it. Here's what it says:



This fare media is the property of LA Metro and may be revoked or rescinded at any time without notice.


So, right away, you're goin'..... "huh"?



Next:



Purchaser is subject to Metro policies and regulations, and fare media may be rescinded for violations.


Now you're thinkin'.... "wow, that's wierd, I'm being made responsible for POLICIES and REGULATIONS, not laws" -



So, now you look around, and you ask yourself, "what are the policies and regulations I'm supposed to be following"?



And, you see the little sign with about 12 of those "do not" symbols on it, like, do not play the radio, do not eat or drink,

do not spit or chew gum, all that kinda stuff.



And, all that seems okay, until you get to the VERY LAST ONE, where it's showing you a picture of SUNGLASSES - and now you're

thinkin' to yourself..... "wh-a-a-at? I can't wear SUNGLASSES on this bus?"



Well, you're kinda intrigued now, so you go on reading to the third line, where it says:



Use of Metro facilities may be revoked or suspended for violations of Metro policies and regulations"


Suddenly it dawns on you, that all this sounds like a CONTRACT - a business contract! Not "law", it actually sounds

like the same kind of thing you might read in the fine print of a mortgage, or your 2-year Verizon agreement, or even

your cable TV bill.



And, so, you look down at the ticket again, and sure enough, there it is:



Terms and conditions may be changed without notice.


NOW you're gettin' pissed, 'cause you're thinking to yourself, "hey, wait a minute, I didn't get a chance to inspect

this contract before I bought the ticket".



VOILA, you have just been victimized by an IMPLIED CONTRACT. Implied contracts, the law around that, is BUSINESS law - commercial law! It is based in the Uniform Commercial Code, and NOT IN THE CONSTITUTION!



You've been FOOLED, into thinking that you're under the rule of law of a political body called the United States Government!



But no, you're not. You're actually under the rule of POLICIES AND REGULATIONS of a commercial entity known as the

United States of America, Inc, a non-profit Delaware corporation with registration number 2193946, and you can find those

bona-fides here: http://www.state.de.us/corp/directweb.shtml



Or, more specifically in this case, an administrative agency of the City of Los Angeles, which is itself an incorporated

entity based on the MODEL of government incorporation brought to the table by.... I'll let you do the research.



Who has "policies and regulations"? A corporation! RIght? You get the exact same stuff, if you go to Disneyland. If you buy

a ticket book or a pass card at Disneyland, turn it over, and read the back. Look familiar? You bet! It's the exact same thing!



I'm tryin' to lay this out for you as clear as I can, but there's a LOT to know here, so I'm just givin' you some basics

and an example or two, it's still up to you to do the research, and realize the full horrible truth about this issue.



The government, or any government agency, COULD NOT DO THIS, unless they were legally incorporated as a business! Why?

Because there are only certain kinds of law out there. When a cop stops you for something, he's most likely going to try

to say that he thinks you were involved in a CRIMINAL violation, but that's not what we're talking about here - criminal,

is COMMON LAW, and under the Common Law you are innocent until proven guilty.



But NOT SO under commercial law! Oh no, quite the opposite. Under the commercial law, in a Court of Law that is operating

in "statutory jurisdiction", a contract is PRESUMED to exist (by the Judge), unless it is SPECIFICALLY challenged - in other

words, the burder of proof is on the DEFENDANT!



And it gets worse - MUCH worse! Under commercial law, you can WAIVE your Constitutional Rights, by failing to make the proper

protestation at exactly the right time. You can effectively LOSE your Constitutional Rights, through neglect!



And it's even worse than THAT - under commercial law, the Constitution of the United States plays SECOND FIDDLE! That's right!

In commercial (like, "statutory") jurisdictions, the Uniform Commercial Code SUPERSEDES the Constitution, except when the

defendant makes certain explicit reservations in a timely manner.



So, consider this scenario: let's say, the Metro rules and regs say "no chewing gum", and you're on the bus chewing a piece

of gum, WITHOUT having read the back of your ticket, and a cop gets on the bus, writes you a ticket, and then kicks you off the bus

(resulting in the forfeiture of your bus fare).



So, you go to Court, and you tell the Judge, "hey, no one even ever told me not to chew gum on the bus". Think that'll fly?

No way, pal! How about, "but your Honor, it's my Constitutional right to chew gum", is that gonna fly? No way, pal! How about,

being smart about it, and telling the judge, "your Honor, I never saw the contract, and I never signed my name to any such

contract" - guess what the Judge is going to say? He's going to say, "sorry pal, you're screwed, you should have told me that

when we first started hearing this case, 'cause now you've LOST your right to challenge the contract, and you MUST abide by

its terms". Voila, you have just been vicitiized by an implied contract.



Guess what the "rules of the road" are, in each and every one of our 50 States? They are an IMPLIED CONTRACT, brought to you

by a COMMERCIAL ENTITY, which is your State masquerading as a BUSINESS, so they can put into place "rules and regulations"

which you must obey but which can "change without notice", and if you violate one of 'em EVEN IF YOU DON'T KNOW ABOUT IT, they're

going to hit you with the adverse consequences of breaking their little "implied contract".



I am NOT kidding you Gypsy, that is exactly how our system works today.



Child Protective Services? A government agency, operating under administrative law.



Department of Motor Vehicles? A government agency, operating under administrative law.



INTERNAL REVENUE SERVICE? A government agency, operating under administrative law.



Welcome to the United States of America, Inc.
 
Jan 2008
32,903
9,709
Vertiform City
Here, see if you can figure out, HOW this little tidbit is related to the topic of this thread:



Secretary of Commerce Gary Locke (former Governor of Washington), recently took a trip to China.



Here's what the Secretary had in his back pocket when he went to China:



Presidential Documents

Federal Register / Vol. 74, No. 190 / Friday, October 2, 2009 / Presidential Documents 50913



Presidential Determination No. 2009–31 of September 29, 2009



Presidential Determination On the Delegation of Certifications

Under Section 1512 of Public Law 105–261



Memorandum for the Secretary of Commerce

By virtue of the authority vested in me as President by the Constitution

and the laws of the United States of America, including section 301 of

Title 3, United States Code, I hereby delegate to you the functions of the

President under section 1512 of the National Defense Authorization Act

for Fiscal Year 1999 (NDAA).

In the performance of your responsibility under this memorandum, you

shall consult, as appropriate, the heads of other executive departments and

agencies.

You are authorized and directed to publish this determination in the Federal

Register.



(Signed by B.O.)

THE WHITE HOUSE,

Washington, September 29, 2009

[FR Doc. E9–23917

Filed 10–1–09; 8:45 am]


'Kay? What is this? This is the President delegating his authority to the Secretary of Commerce. Right?



'Kay now, how does that relate to Administrative Law, and "implied contracts"?
 
Jan 2008
32,903
9,709
Vertiform City
Now, I would like anyone here, to take a wild guess -



What in the world, could make the Congress of the United States, delegate its law-making authority to the Executive Branch?



Hm?



'Cause I mean, we all know what happens in these cases, right?



And, isn't this what your hear a lot of people complaining about these days?



 
Jan 2008
32,903
9,709
Vertiform City
Aw heck - one taker so far?



All right, let's make this a little more interesting.



Did you know that you - YOU personally - are being traded on the stock exchange? Yep, we can talk about that some more if you want.



But right now, I'd like to show you something ELSE that's being traded on the stock exchange.



Look here - from Dun & Bradstreet, probably the "most" reputable market search and rating firm -







http://www.smallbusiness.dnb.com



Company Search Results



Showing page 1 of 1 pages



BR JUDICIAL COUNCIL OF CALIFORNIA, THE



Also Traded as LOS ANGELES COUNTY SMALL CLAIMS COURT/CULVER CITY4130 OVERLAND AVE, CULVER CITY, CA







That's right off of Dun and Bradstreet!



Surprise, surprise!



This country is one enormous CORPORATION, consisting of many SUB-CORPORATIONS.



Bend over and smile, you're on the security-cam....