-Caveat Lector- ------- Forwarded Message Follows ------- Date sent: 29 Sep 1999 06:09:10 -0000 To: List Member <[EMAIL PROTECTED]> From: "Privacy Concerns" <[EMAIL PROTECTED]> Subject: Individual Liberties Privacy Concerns - http://www.angelfire.com/biz/privacyconcerns/index.html To All Concerned With Individual Liberties, It should be clear by now that one waives their Constitutional "Protections" whenever they "voluntarily" utilize government services for "Privileges" or "Benefits" in which participation IS NOT mandatory under government's Constitutionally granted authority. This pretty much explains how government can operate in areas OUTSIDE of its Constitutional authority. There is nothing Unconstitutional about offering you a program which you may opt NOT to participate in. This also partly explains the income tax issue. If having a SSN is NOT mandatory, but voluntary, (Leaving the issue of disclosure aside for now) then the mere existence of a SSN in your name is evidence of your agreement to accept the "Privileges" and "Benefits" associated with this elective program. Having "volunteered" to participate, you become obligated to abide by every rule and regulation promulgated by the involved agencies, i.e. SSA & IRS. (Don't you suppose that this is how the IRS can maintain that filing an income tax return is "Voluntary"?) More importantly, because you are participating "voluntarily" in a NON Mandatory program, there is no obligation on the agencies part to provide you with any Constitutional "Protections". You will find these legal concepts firmly etched in the LAW when you look in the right places! The real problem facing us is that the legal profession has been trained almost exclusively in administrative law which is 99.9999% of the law that is practiced today. The Constitution is NOT "Dead","Dormant", "Asleep", or anything else. It is simply a "tool" that is not being used because no one has the instruction manual anymore. What better way to eliminate the most troublesome freedom document the world has ever known; just don't show anyone in Law School how to use it while telling your students that there is no money in Constitutional Law. Find us an open-minded attorney with an interest in personal liberties and a desire to set things right, and we can obsolete groups like the NRA whose officers have apparently fallen victim to the same human frailties that are plaguing the entire "Patriot" Movement (or more accurately, Lack of Movement). It seems that many Publishers who, with good intentions worked hard to create an "Informative" product, have settled into the comfort of a "Revenue Stream" from a "Marketable" product and have forgotten why they got into the Patriot battle to begin with. These publishers seem to closed-mindedly and steadfastly protect their false or incomplete notions because the truth will obsolete their products and their low effort existence. I call this "The Entity Syndrome". It occurs whenever a group of people comes together for a purpose and grows to become a large unwieldy "Organization". Like all entities or life forms, its purpose becomes SURVIVAL and it forgets the original founders purpose (especially when the organization has employees making six digit incomes.) Just like the old adage, "When you're up to your ass in alligators, its hard to remember your original purpose was to drain the swamp." The problem with big organizations is exacerbated by that basic side of human nature that wants to survive by expending the least amount of energy. Thus, the officers settle into the comfort of the organization's revenue stream instead of solving the problem as the organization's entrepreneurial founder would have done!!! It is much easier to argue about why you are right than it is to go out and do the work required to rethink, research, and regain a correct conclusion that will actually solve the problem and MOVE the Movement in a "Forward" direction!!! While this is an op-ed of sorts, we are dead serious about possessing the understanding of the FUNDAMENTALS OF LAW that can actually solve the Constitutionally based problems that are Dividing those concerned with "Personal Liberties" instead of Uniting them. We also do not want to create any more martyrs than the movement already has created. No one has to go to jail or lose all of their property, fighting from an unwinable position. But, be aware, this battle can not be fought on a one-on-one personal basis. The Constitutional "Cases and Controversies" are there, just waiting, and believe it or not, so are the Courts. "Waiting for what?" you ask. Consider this quotation from the Courts concerning the "Function of the People" in our system of government. "It is not the function of our Government to keep the citizen from falling into error; it is the function of the citizen to keep the government from falling into error." American Communications Association v. Douds, 339 U.S. 382, 442. (1950) Did you understand what they were telling us? It is not the job of the Executive, Legislative, or Judicial Branches to police themselves. In fact, one of the established "Doctrines" in law is that the Legislative Branch is given the benefit of the doubt by the courts who ASSUME the Legislative Branch's actions are appropriate. It is not the JOB of the courts to tell us what is wrong with anything the government does!!! It is OUR JOB to QUESTION what the government does by bringing the proper CASE or CONTROVERSY to the PROPER COURT. This is how the restoration of our personal liberties will be accomplished. Unfortunately, because of the situation regarding the training of today's attorneys, as mentioned above, most attorneys do not know how to bring a proper CASE or CONTROVERSY before a proper JUDICIAL Court. Taking the income tax issue as an example; if you or your attorney have been arguing Constitutional issues in front of the Tax Court, you are properly told "We don't talk about the Constitution here." Remember what we said above about the SSN being the government's proof that you have "voluntarily" agreed to participate in the WHOLE SS program for "optional" "Benefits" or "Privileges". Now, you are subject to all of their rules and regulations and, because of this voluntary nature, there is no Constitutional umbrella protecting you from the government's whim as enforced under their Agency's rules and regulations. The problem is the same for your "Right to Travel" which has been converted into a "Licensed" "Privilege" and is now subject to all the rules and regulations adopted by the enforcing agency. I can assure you that the real managers of our government are more than happy to see a disjointed, confused, and conflicted Movement of "Patriots" arguing "a" point here and "a" point there in their morass of rules and regulations than they would be to see this Movement zero in on "THE" points as defined under our Constitution. (What if we told you that the second Amendment isn't even the best way to solve the whole gun control issue?) The bottom line is, every time you "voluntarily" sign your name to some government form that provides you with "Benefits" or "Privileges" that you can not be forced to accept, you have just waived your"Constitutional Protections" and have agreed to obey every rule or regulation created by the administrative agency in authority. Yes, I know you didn't know that you were waiving anything, and they have made it near impossible to function in society without waiving your protections, but those are are just more "a" point issues to add to the list! The REAL POINT here is that it is YOU that must take ACTION by taking exception to the inappropriate actions of government by bringing a PROPER CASE to the PROPER COURT so that Court may address a PROPER CONTROVERSY. Only when the "Patriot" Community understands some of these basic "THE" point "FUNDAMENTALS OF LAW" will we be able to stuff the government GENIE back into its Constitutional Lamp using the world's most powerful freedom document; the (still viable) Constitution For the United States of America. Richard F. Jark CFOR, Constitutionalist Friends Of Rights Legal Research for the Restoration of Personal Liberties 552 Bellflower Blvd. Ste 207 Long Beach, CA 90814 (562) 597-5092 [EMAIL PROTECTED] Please feel free to pass this message on to anyone you believe to be interested in restoring our personal liberties as long as the above contact information is included. *************************************************************** Like to contribute an article or comment about this one? E-mail [EMAIL PROTECTED] *************************************************************** Privacy Concerns is a free public service of D. A. H. Investigative Consultants, a Cincinnati based private investigation firm. E-mail: [EMAIL PROTECTED] or toll free, 888-249-2404. Visit our site at, www.pimall.com/dah Oxymoron: Respectable Lawyer. DECLARATION & DISCLAIMER ========== CTRL is a discussion and informational exchange list. Proselyzting propagandic screeds are not allowed. Substance—not soapboxing! 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