REALITY IS NOTHING LIKE FICTION

Every day life is showing us where we’ve outgrown the thinking of the past. It’s also clear that the thinking of the past is no longer enough to meet our needs today. A new healthy and sustainable world is emerging and our ability to accept what it offers begins with our willingness to –honestly acknowledge the facts of what we’re up against.

LEGAL “the undoing of God’s Law.” 1893 Dictionary of Arts and Sciences, Encyclopedia Britannica; a dictionary of arts, sciences and general literature. The R. S. Peale 9th 1893. God’s Law is also known as “Natural Law,” wherein, “the Truth bounds all contracts.”

Commercial (13c) suitable, adequate, average. Low standards for quick market success.

Hale v. Henkel, 201 U.S. 43, 74, 26 S.Ct. 370, 50 L.Ed. 652 (1906) The individual may stand upon his constitutional rights as a citizen. He is entitled to carry on his own business in his own way. His power to contract is unlimited. He owes no duty to the state or to his neighbors to divulge his business, or to open his doors to an investigation, so far as it may tend to incriminate him. He owes no such duty to the state, since he receives nothing therefrom, beyond the protection of his life and property. His rights are such as existed by the law of the land long antecedent to the organization of the state, and can only be taken from him by due process of law, and in accordance with the Constitution. Among his rights are a refusal to incriminate himself, and the immunity of himself and his property from arrest or seizure except under a warrant of law. He owes nothing to the public so long as he does not trespass upon their rights. On the other hand, the corporation is a creature of the state. It is presumed to be incorporated for the benefit of the public. It receives certain special privileges and franchises, and holds them subject to the laws of the state and the limitations of its charter. Its powers are limited by law. It can make no contract not authorized by its charter. Its rights to act as a corporation are only preserved to it so long as it obeys the laws of its creation. There is a reserved right in the legislature to investigate its contracts and find out whether it has exceeded its power. aff’d. Wilson v. United States, 221 U.S. 361, 31 S.Ct. 538, 55 L.Ed. 771 (1911).

Private Enterprise. Cultivating the soil, manufacturing articles for sale, dealing in merchandise, and the pursuit of numerous and various activities, which enlist individual energy. Dodge v Mission Tp. (CA8 Kan) 107 F 827. In the language of the ultraconservative, something undefiled by governmental regulation or participation. As used in a provision of a State Constitution FORBIDDING the STATE to be interested in any “private corporate enterprise,” The term has been held not merely to forbid the state to become interested in private enterprise carried on by individuals and corporations but also to Prohibit the State from itself Engaging in Private Enterprises ordinarily undertaken by private promoters.
State ex fel. Wilkinson v Murphy, 237 Ala 332, 186 So 487, 121 ALR 383.

These issues aren’t part of an intellectual exercise. The downside of restricted trade is very real for real people.

“Private enterprise systems improve human cooperation and further peace and prosperity. Economic systems with which Governments intervene are called liberal, or middle-of-the-road economics. They declare they are not socialist. They say they wish to preserve market systems. But, is that possible? No. Nothing will be left of the free market. Capitalism and socialism cannot coexist. Step by step, interventionism erodes capitalism into some form of socialism.
The clear distinction between production and government must be re-established and left untouched.” -Ludwig von Mises inaugural lecture in the American School of Economics lecture series. Presented at New York University on April 25, 1962.

Therefore, “the public policy of a government, then, should aim to promote the true interests of the greatest possible number of the people, and never can be justified in aiming to promote those of a mere minority.

Government intervention into some particular business is harmful, unnatural, and ineffective. “Can the insight of a king or a parliament be a surer guide for a people in their business, each familiar with his own sphere of operations and having a direct personal interest in the success of his own labor?” “The government adds nothing to the wealth of the community; it only bestows on a few what it has first taken from the many.”

STAUB v. BAXLEY                                    (1958)                         355      US       313
. . . an ordinance which makes the peaceful enjoyment of freedoms which the Constitution guarantees contingent upon the uncontrolled will of an official – as by requiring a permit or license which may be granted or withheld in the discretion of such official – is an unconstitutional censorship or prior restraint upon the enjoyment of those freedoms.
SHUTTLESWORTH v. BIRMINGHAM     (1969)                        394     US       147
“. . . our decisions have made clear that a person faced with . . . an unconstitutional licensing law may ignore it and engage with impunity in the exercise of the right . . . for which the law purports to require a license.”
BRADY v. UNITED STATES                      (1970)                        397     US       742
Waivers of constitutional rights not only must be voluntary but must be knowing, intelligent acts done with sufficient awareness of the relevant circumstances and likely consequences.

Requiring a permit or license is an unconstitutional censorship or prior restraint upon those freedoms. [Staub v. Baxley, 355 US 313 (1958)]
When the state imposes a charge for the enjoyment of a right, it is patently unconstitutional. [Murdock v. Pennsylvania, 319 US 105 (1943); United States v. Jackson, 390 US 570 (1968)]

A person faced with an unconstitutional licensing law may ignore it with impunity and exercise the right. [Shuttlesworth v. Birmingham, 394 US 147 (1969)]

OPPRESSION: Bearing down on another or others in an oppressive manner. The exercise of unlawful power or other means, in depriving an individual of his liberty or property against his will. United States v Deaver (DC NC) 14 F 595, 597.

“Whoever commits treason against the commonwealth shall be punished by imprisonment in the state prison for life.” [Massachusetts General Laws, ch. 264 – CRIMES AGAINST GOVERNMENTS, §2 Penalty for treason.]

DERIVATIVE ACTION: An action brought by one or more stockholders of a corporation to enforce a Corporate Right or to Prevent or Remedy a Wrong to the corporation in cases where the corporation, because it is controlled by the WRONGDOERS or for other reasons, fails and refuses to take appropriate action for its own protection. Price v Gurney, 324 US 100, 89 L Ed 776, 65 S Ct 513.

How much did the following terrorist attack in Miranda cost we the people?

(1) Deputies (Not in the republic), LEGAL Enforcement team also included;

(2) Humboldt County Drug Task Force (this is STATE under the Dept. of Justice heading);

(3) Humboldt County Criminal District A’s Office personnel (State);

(4) State Dept. of Fish & Wildlife (this is Federal, Not State);

(5) Cal Fire (State);

(6) Humboldt County (unconstitutional) StateCODE Enforcement {county};

(7) California National Guard (this is Federal). The National Guard Army can ONLY be called in by a Mayor-to-the-Governor communication when a riot occurs that local police officers can’t handle);

(8) the State Water Resources Control Board (Re-sources ?). This one’s about 6-weeks new to the area. Can’t seem to settle on a title.    County 2     State 4     Federal 2

“The State is always society’s enemy. The State has no money of its own only what society gives it. The State has no power of its own only what society grants it.”

County Revenue Authority

Board of Supervisors can raise local revenue by imposing or increasing a tax, an assessment, or a fee. Each of these local revenue sources has its own constitutional and statutory authority and unique laws governing its use. A county can only impose those taxes, assessments, and fees which the Legislature or the Constitution allow a county to impose and which are approved by either a simple or two-thirds majority of local voters per Proposition 13 and 62.

After the California Supreme Court ruled in Guardino (12/95), a Board of Supervisors may NOT impose new taxes without a vote of the people.

Such taxes are unconstitutional –as a matter of principle.

 

 

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