22 Apr

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Founding Fathers. (Photo credit: Wikipedia)

The most radical statement in 2,000 years of western political history is found in the third sentence 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.”

The Declaration that all men are endowed by their Creator with certain unalienable Rights is the foundation for individual sovereignty and government as a public servant rather than a public master.

The third sentence of the Declaration is almost as profound:

“That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed.”

The first half of that sentence declares the fundamental purpose of government as envisioned by the Founders:  to secure to every man, woman and even unborn child their God-given, unalienable Rights.

The second half expresses another principle that is fundamental to freedom:  governments derive their “just powers from the consent of the governed.”  Thus, the concept of “consent” is fundamental to the foundation of governments established by the Founders.

But what, exactly, does consent mean?  Can I run stop signs if I don’t “consent” to obey traffic laws?  Can I avoid paying income taxes by simply withholding my consent to be bound by Title 26 of the United States Code?

The concept of consent is both fundamental our de jure form of government—and extremely hard to grasp and apply.  OK—you do have the right to consent or not to consent, but you don’t have the right to consent or not to particular laws . . . or do you?

The concept of consent is particularly important if a fundamental hypothesis advocated on this blog—the difference between The State (the States of the Union) and “this state” (an administrative division of a singular territory of the United States)—is valid.   If “this state” is a real governmental structure that exists as an alternative to The State, it appears that we may only be subject to the laws of “this state” based on some manifestation of our consent to submit to “this state”.

Thus, if we could more fully understand the concept of consent, we might be able to avoid being subject to the laws of “this state”.

•  Douglas Newdick authored an essay entitled “Power and Consent:  Reductionism, Dialectics and Consent Theory”.  A friend emailed me a copy which I read and commented upon.  The author’s conclusion appears to deny the reality or need for consent to laws and instead extol the primary reality of the “state” or “power structure” to rule by brute force.  I absolutely disagree with the author’s conclusion.  Nevertheless, by reading Mr. Newdick’s essay, I learned a great deal about the concept of consent.

If you’re interested in the concept of consent, you might also learn a little from Mr. Newdick’s essay and perhaps from my comments.


Here’s a PDF copy of Mr. Newdick’s essay that’s been edited to include my various highlighting and commentary:  120421 Consent Theory of Government 2


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17 responses to “Consent

  1. palani

    April 22, 2012 at 1:21 PM

    Bouvier under Consent: Consent is either express or implied. Express, when it is given viva voce, or in writing; implied, when it is manifested by signs, actions, or facts, or by inaction or silence, which raise a presumption that the consent has been given.


    One of the rules of the court are “PLAY AT YOUR OWN RISK” . Your presence is the implication that you agree to PLAY.

  2. Kate

    April 22, 2012 at 9:12 PM

    ALL men and women and children have unalienable rights, those which can not be taken away. However, law has substituted a word, inalienable right, which are those that can be given away upon consent, whether verbal or by action. This is where government has tricked the people into becoming slaves to the statutes, rules and other dictates, which take away freedoms that are so basic, LIFE, LIBERTY and the PURSUIT of happiness. The pursuit of happiness is that you do not violate anyone else’s rights or do harm. This goes back to the 10 Commandments, Thou shall not, murder, commit adultery, covet (steal), bear false witness(lie).
    The true definition of a crime is where there is an injured party. If no one is injured or harmed, then a crime has not been committed.
    Here is an example, the States have made it an “offense” if you do not register your car and have insurance. This violates the constitutional right to own property and use it as long as you do not harm anyone else. If you are a responsible driver and do not drive dangerously, drive while impaired or let others who are use your automobile, why should you have to register and buy insurance? I have seen many accidents where people had plates of registration on their cars and it did not stop an accident and sometimes deaths. I have been in accidents (not my fault, the other driver was talking on a cell phone) where I have been hit and the insurance would not pay until I retained an attorney. Even though the other had insurance, it was not enough to cover all my medical expenses and wages lost.
    Since the people willingly register their autos and have to have insurance to do so, they have given up the right to own and use property without government interference.
    If an individual were truly in covenant with GOD (truth), if they did have an accident,they would make right any damages they made happen.
    However, people do not have respect for GOD or truth. The banking situation and the fraud, which has caused the people to have debt piled on them they will never be able to pay back. The lies which brought about wars, death and famines are creating world wide poverty, sickness and destruction. ALL the illegal business practices that have taken homes, property, money and employment. This does not include the pollution and devastation of the earth.
    AND finally, because of lies and deceit government “laws” have taken away any and every chance of innocent people being set free from the corrupt “legal” system. The illegal system is trying so hard to cover-up their corruption that innocent people are being imprisoned and stripped of assets. Some innocent people die and their families left with nothing. God says that if you know to do right and don’t it is sin. IF you know something is corrupt, but you do nothing to correct the situation, you are as guilty as the ones doing the crimes.
    IF we do what is right, it is not always the easiest, when the end is here and you stand before an all knowing GOD, you stand #1 because you accepted the only sacrifice that can atone for sin, and #2 you stood for truth even though you were punished for doing right. Then you can truly say you shared in the sufferings of CHRIST and share in the reward in eternity.

  3. EarlT

    April 25, 2012 at 2:07 PM

    Government by the Consent of the Governed

    Consent of the Governed Amendment,
    Put it on the Ballot in Your state.

    Proposed State Constitutional Amendment
    Consent of the Governed

    If a Law is passed by a City, County or State
    before a law/regulation/rule can go into effect,
    it is to be submitted to the voters/Electors
    for approval/Consent.

    There are 3 choices.

    1) No, and whichever legislator/representative voted for it,
    is Fired.
    2) No.
    3) Yes.

    Each time a representative votes for a Bill,
    he will Read it,
    looking to See,
    if something in that Bill, could get him FIRED.

    People tend Not to do much,
    that could get them FIRED,
    so Fewer laws would be passed.

    and For Sure they will Read
    every Bill they vote for.

    Currently representative vote for any bill
    that doesnt have much opposition,
    so We end up with Soo many laws
    that we are Unable to Know them All,

    the Consent of the Governed Amendment,
    will give representatives
    Incentives to Read the Bills,
    and vote for Only those Bills
    that are Constitutional,
    and vote for Fewer Bills,
    which will result in less loss of Liberty.

    Consent of the Governed Amendment,
    Put it on the Ballot in Your state.


    • Kate

      April 25, 2012 at 3:03 PM

      “Laws” are put into place to keep individuals from infringing on the rights of others. However, the government , whether state, local or federal has made “laws” that take away rights and have enslaved the people by taking away their assets; making them slaves to the enlarged government that does opposite of protecting liberty for the people. You are not allowed to own a house, auto, or other personal property without taxes, licenses, or other monetary “tribute”. The taxes go up, while the government gives away jobs, allows the federal reserve to steal, and taxes employers more so they can not keep operations going. Now everyone has to have “medical” coverage, which is nothing more than the government experimenting on the population and committing genocide. When will we learn that the government is not our friend, mother, father or caretaker. The more we depend on the government, the more we are destine for death!

      • Doug

        May 10, 2012 at 6:02 AM

        Good people don’t need the laws – bad people don’t heed the laws

    • palani

      April 26, 2012 at 5:17 AM

      Another layer of “consent”? By casting a ballot for any proposed “law” under this proposed amendment you again consent to go along with the majority will. Back to two wolves and a sheep voting for “what’s for dinner”. The sheep is going to lose every time.

  4. Kate

    April 26, 2012 at 12:19 PM

    Another side to this is that our “elected officials” vote their own raises. Once I was told it was $6000.00 a month. IF we as the consented governed could vote that much raise for ourselves, we could afford the higher taxes, fees and other asset grabbers that were voted on. More bloodsucking fee, fines, taxes, etc… takes our rights to own and possess property, which takes away our ability to take care of our families, which opens the door for the government to demand more of us, putting us in poverty and destruction of the family. Where is the Constitution that our families shed blood to preserve?

    To give an example: according to the Constitution war is financed for two years only. We are still paying for wars that happened decades ago, plus all the non-congressional wars we are currently involved. All the military war contracts are making big bucks for those invested in the companies. How many government employees are invested in these companies? How many in D.C. are very rich because they allowed the wars to continue, even though we know we entered under false pretenses. Let all those that are making the money, pay for the war, not those that have lost family members or assets to pay for these unconstitutional moves.

    • Doug

      May 10, 2012 at 5:59 AM

      Kate, I have been in a state of (TOTAL / COMPLETE) non-compliance for almost 30 years. I may be an extremist in the eyes of some, but I got where I couldn’t look myself in the mirror and pretend that supporting the U.S. INC. was a duty, an obligation, patriotic, or actually anything less than conspiracy to murder children.

      In those days I feared the retribution that might befall me from the powers of this world. I asked God to protect me and my kids – then the adventure and the miracles began. God has to keep His word or He’s not God – I bet it all on God and He delivered me from the grasp of the “world.”

      Keeping it short, I just want to say God cannot increase our faith until we really exercise it ourself. I’ve been amazed at God’s GRACE and PROTECTION !

      ALL (and I mean ALL) legal fiction is fraud, ie., a lie – thou shalt not lie –

      [Once in awhile the overseers try to restrain me and it used to make me nervous, had me studying their stupid laws all night – every night for years on end – but the answer is not ever going to be found in their laws. The simple truth “IS” the law and if a man/woman refuses and rejects “ALL” of their fraud – they have no power over that man or woman.]

      Sorry to ramble so much !

  5. Doug

    May 9, 2012 at 6:28 AM

    Much can be argued concerning our legal reality, the terms that define it, the many jurisdictions and venues, but one thing trumps all of the “BS” … a stubborn and honest man can choose whenever he wishes to so choose, to die for what he considers a righteous motive irrespective of any so-called STATE.

    • Kate

      May 9, 2012 at 1:13 PM

      You are so correct, Doug. WE have to choose whether we are goning to stand for what is right, or sit back and watch evil people take over. The Bible does say that if you know to do good and do it not, it is sin. If we stand for what is true, correct and godly, we will not have to worry about our futures. IF we try to bury our heads in the sand and allow innocent people to suffer wrath from a corrupt govenment, we also will receive punishment. This does not mean to go out and shoot, bomb or kill, it means stand for truth, pray for those who are wrong, and continue to praise and worship our Creator, for He will avenge HIS elect, and reward those that diligently seek HIM.

      • Doug

        May 10, 2012 at 5:45 AM

        Thanks Kate, I appreciate your comment. We, as a whole people, have lost our moral compass and need to recover it. One day it dawned on me that: GOD is right and I’m usually wrong regardless of my endless rationalizing. (Of course He’s had a lot more time to ponder it all).

        There’s no time to dialogue with the enemies of freedom, truth, and reason. Each of us must stand defiantly for the truth and in opposition to the propaganda that oozes endlessly from the PTB and media scumbags.

        Years ago I would read “eyes to see and ears to hear” without comprehension – today that handwriting is definitely ON THE WALL ! A nation is dying right before our eyes and it seems that “American Idol” is blocking our view !

      • Doug

        May 10, 2012 at 6:11 AM

        Oh yeah, I just wanted to add that the one single thing, the only thing we can ever give GOD is our complete TRUST. (So, to me that means no dependency upon Socialist Security, as that system causes us to (trust) worship government and not our heavely FATHER, who just happens to also be the Creator of the Universe and everything that in it is !

        Side note: Why vote for the hell bound ? Everything existing in the legal fiction world is hell’s matrix –

  6. Richard Lopez

    July 8, 2012 at 11:14 PM

    Regarding consent. It is my understanding (comprehension) that your voter registration is your consent to the current form of government (bankers’ legislative democracy). Withdrawing your voter registration is tantamount to withdrawing your consent to the fraud backed by force of “government”-co.-inc.

    In a 2010 traffic incident in Nevada County, California I discovered “they” cops/criminal-thugs cannot book you without your consent. I simply repeated the mantra “I have been falsely arrested, I am being falsely detained, and I demand to be released at once”. I was held in their holding cell for nearly 2 days without being booked (offered a cot and pink or orange jumpsuit).

    As Doug stated, being mentally prepared to stand your ground against the tryanny of oppressive government requires the mindset of being prepared to die (death of only the physical manifestation of our spirit while having this earthly experience). If enough of us do this, we may instill some modicum of sensibility in the nazi/tryannts aka police, attornies, black-robbed attornies, and “system” administrators (bureaucrats) to turn things around. We can turn things around if we stand united.

  7. Jim on Oregon

    August 5, 2012 at 10:12 AM

    The central objective of our movement to restore lawful government is to separate from the presumptions that we have consented to the benefits and trust relations with the foreign, corporate, fictional state of affairs/venue in which we have no significant rights.

    I crafted a Notice and Affidavit in Support some years ago, attempting to disavow my consent and presumptions. The document must be properly entered into evidence to be effective, and I don’t recall how I did that, or what the results were.

    But I believe some of the elements of the following Notice will be useful to those readers who may wish to establish their status, standing, capacity, lawform, etc OUTSIDE of “this state”. There are some ideas here that should be further investigated, as the “system” is certainly using these presumptions as unrebutted “evidence” of our consent.

    Here is a draft of my Notice, and I hope you find it helpful:

    Continuous and Irrevokable Protest, Objection, Rejection, Disavowal, Rescission, Severance, Non-Acceptance, Waiver, Forfeiture, and Refusal of Juristic Benefits,
    Return of Tangible Benefits.

    I, James-Russell: Iler, declarant herein, make this averment with the intention of memorializing this Notice to correct and make more perfect the public record, and to create lawful evidence as to my ecclesiastical relations, political orientation, avoidance of “minimal (adhesion) contacts”, and refusal of “benefits” conferring reciprocal duties and trust relations “in this state”.

    This Notice is intended for the attention of various men employed “in this state” of commercial affairs, all of whom have forfeited and waived their inherent rights in a lawful organic Republic in favor of a legislative democracy operating as a composite-state proprietorship under Bankruptcy employed in and accepting the benefits of a public-welfare socialistic and un-Godly “state”. This is a special and extraordinary Notice, crafted with specificity and particularity. All use of language is knowing and intentional, and must be given the specific legal character intended.

    I am employing the term “disavow” as a substitute for the ten similar words within the title of this Notice with the intent to create a more readable document, and the reader is cautioned that a more appropriate term from the title may be substituted as necessary to clarify the meaning beyond “disavow” in particular applications.

    I have diligently studied the holdings of the high courts relating to the legal theory of minimum contacts and their jurisdictional ramifications, and I now find it necessary to supplement my previous averments (denying such minimum contacts) with specific disavowal of benefits received from the “public trust” of the corporate “composite state”. Offered benefits and protections and allegiance are always presumed as being accepted, and purposeful availment and acceptance creates a corresponding duty or reciprocity, liability, and trust relations. This Notice rebuts such presumptions.

    Take Notice of the following in regards to this Declarant, James-Russell: Iler. The relational status to any juristic benefits is premised upon facts personally-known, which can readily be validated upon a testimonial hearing. I aver no knowledge of any evidence contrary to any element in this Notice.

    (1) I disavow “U.S. citizenship”, having neither been born in the corporate “United States” nor naturalized therein.

    (2) I disavow residency “in this state”, a clever fiction.

    (3) I disavow the elective franchise, available only to “U.S. citizens’ and residents of a composite commercial state.

    (4) I disavow any fiduciary/trustee relations between myself and any other entity created to conduct transactions territorial to the composite “United States”.

    (5) I disavow any financial or social benefits resulting from the attachment of limited liability “in this state”.

    (6) I disavow any diminished legal capacity and diminished organic rights resulting from presumed waiver or assignment or transfer or delegation of inherent powers, rights, and immunities.

    (7) I disavow any “benefits” of enfranchisement “in this state”.

    (8) I disavow knowing and voluntary pledge, gift, hypothecation, surety status, or accommodation party participation or status in the administration of the public bankruptcy and debt for its foreign creditors.

    (9) I disavow any participation in the general welfare benefits of “this state”.

    (10) I disavow presumption as a beneficiary of the public trust, or a ward of the state, or of any diminished legal capacity whatever, relative to “this state”.

    (11) I disavow any protection afforded to me by the military branches of the corporate “United States”, any government militia, or any “police power” exercised by any alleged state/county/municipal employee of “this state”.

    (12) I disavow any oath of allegiance or vows to a foreign composite state, such as “United States” and “STATE OF OREGON”. My sole allegiance is to my eternal-creator God of my Fathers and to His Son, the living Christ.

    (13) I disavow any right to hold elected public office or to enjoy any office of trust and honor “in this state”.

    (14) I disavow the existence of any “insurable interests” with second and third-party actors in relation to any land or private property owned by me “in this state” or outside “this state”.

    (15) I disavow the existence of any vested rights or property or interest in any ens legis public corporations, or of any valid contractual relations “in this state”.
    (16) I disavow any “income”, “employment”, “employment insurance”, “retirement”, TIN, EIN, or SS numbers, vendor number, “federally-privileged worker”, or any benefits or privileges resulting from employment in federal territory.

    (17) I disavow any contractual relations with any public utility “in this state”, including, inter alia: electricity, sewer, water, waste, propane, and telephone.

    (18) I disavow any purposeful availment to beneficial relations resulting from any constitutional provision or amendment crafted for 14th Amendment U.S. citizens and/or residents of “this state”, including, inter alia, franchisement, consumer protection benefits, employment-related benefits, access to statutory “courts” for contract enforcement, police and emergency (fire and medic) protection, land title protection, public school benefits, interstate commerce protection, civil rights protections, public contract rights, bankruptcy protection, suffrage, loans and grants, proprietary “partnership” relations, as I am neither signatory to, posterity of, third-party beneficiary of, or bound by oath to an political subdivision or constitution of “this (composite) state”.

    (19) I disavow any waiver or transfer of allegiance from the Oregon Republic to any artificial entity acting as a legislative democracy not created by constitutional convention or vote of the veniremen, and I disavow acceptance of any ultra vires conduct “in this state”.

    (20) I disavow the voluntary acceptance and beneficial recirculation of Federal Reserve Notes” (FRNs). I am aware of the failure of consideration, and deny holder-in-due course status. Any compelled use of FRNs cannot be construed as a voluntary joint-liability benefit with expectation of profit in transactions. Any compelled use is for minimal survival under practical necessity coerced by penal statutes forbidding other alternatives and freedom of choice. I recognize this coercion as an unfair trade practice which serves no known beneficial public interest but to compel jurisdiction under the foreign UCC in interstate commerce, and this appears to be a moral fraud inducing undue influence and failure of consideration in contracts, which denies government of holder-in-due-course status when engaged in commercial activity.

    I aver that no person can compel a man to accept unwanted juristic benefits, nor can any man be compelled to accept a foreign political status and character or be held to duties, obligations, and liabilities presumed by that foreign “state of affairs”. The Ratification Doctrine requires timely notice of explicit disavowal of presumed premises, and this document is lawfully sufficient for that purpose, and no inferences can be drawn as to acceptance of “opportunities given, protections afforded, benefits conferred” within “this state”.

    The Benefit Acceptance Doctrine holds that if a “benefit” is compelled, and the “beneficiary” objects, there is no quid-pro-quo reciprocity of equivalent duty or performance. If any tangible property was created “in this state” and under my custody and control, I shall return it upon notice. Want of genuine, valuable, lawful consideration (benefit received) compels failure of a reciprocal quid-pro-quo duty. The factual settings herein demonstrate the want of consideration in any relations with a composite foreign state. I am therefore an “excepted” man without liability to foreign statutory duties and performance, entitled to automatic standing and relief outside “this state” and its “cradle-to-grave” socialistic beneficial schemes under Bankruptcy, without lawful creation, lawful oaths, lawful bonds, lawful seals.

    Anyone with any evidence whatsoever to the contrary is required to timely rebut, object, and deny. Absence of response indicates acceptance and acquiescence and establishes stipulation, decree nisi. So be it.

    Done on the soil of Baker County, Oregon, this ______ day of the first
    month in the year of our Lord 2007.

    James-Russell: Iler



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