The Real-Life Ignorance and Dangers Associated with Stockholm Syndrome.

I’ve expressed my thoughts on this video before, as it keeps being passed around and commented on by literally thousands of people who almost always side with the cop and actually cheer about law enforcement’s constant abuses of every man’s rights and liberty, all while completely ignoring the actual felony and misdemeanor crimes that the COP is actually guilty of committing in this video. It would seem that America is now the largest known population currently suffering from mass “Stockholm Syndrome.”

If you haven’t seen it, then please watch the video and then continue reading this article, as the video contains the necessary context to understand what I am about to say.

The man in the car, Scott Richardson, is NOT asking the correct questions or following the correct process. The cops, as a whole, including this one, are totally ignorant of the Texas Transportation Code laws, absolutely unequivocally, 100%. This is why I try to teach people that the side of the road is NOT the place to argue and hold court. It is the time and place to reserve YOUR fundamentally protected rights without waiving any and to make sure the record shows that is ALL that you did via the officers own cameras and audio as well as your own. So, AGAIN, this is NOT the proper way to do ANY of that.

As an ex-deputy sheriff I can say with absolute certainty that this officer is totally clueless about the limits of his enforcement authority under the Texas Transportation Code, which is NONE, because I know the officers are NOT trained on those actual laws EVER and are simply told by word of mouth from their superiors and their own personal beliefs/ opinions/ conclusions as to what they can and cannot do under the law. Meanwhile, those ‘superiors’ are equally ignorant and clueless about what the law ACTUALLY says and to whom it ACTUALLY applies, much less who is ACTUALLY authorized to enforce it and HOW they are required by law to even get authorized IF they and their city actually qualify according to law. 

Addison, Texas does NOT meet any of the requirements, designated by Texas law as a city that is authorized to maintain local “traffic” enforcement officers. Requirements such as being located in a specific geographical location within Texas or having a specific minimal population limit/range, among several other requirements, as set forth in Title 37 of the Texas Administrative Code, which governs the Texas Department of Public Safety (DPS).

For the general edification of the public who like to think that ALL law enforcement officers can enforce EVERY law in EVERY code, it should interest you to know that the Texas DPS is the ONLY agency given direct enforcement authority over the laws being used by the MUNICIPAL officer in this video. Nor does the city of Addison have the mandatory reciprocity agreement with the Texas Department of Public Safety in the form of a “Memorandum of Understanding” that is actually required by the Texas Administrative Code in order to authorize local municipalities to certify and maintain such enforcement officers in compliance with law. 

Hence, the officer in the video is NOT legally authorized to enforce the Texas Transportation Code AT ALL, and is actually committing SEVERAL crimes by doing so, not the least of which is IMPERSONATING an officer. You see, when ANY person, even a police officer or sheriff’s deputy, who is NOT legally authorized to enforce a specific regulatory law, uses the mere appearance of authority by means of a uniform or some articulated authority under the police powers, then they ARE impersonating an officer of the agency that actually IS legally authorized, and THAT my friends is a CRIME! 

Think about it; as a civilian, you can’t yell at someone to stop and obey you because you claim to be a duly authorized police officer having that authority when you actually are not and don’t. Nor can you actively enforce via citizen’s detainment/seizure or arrest for certain kinds of REGULATORY laws BECAUSE a valid citizen’s detention/arrest can occur ONLY when the arrest is for the commission of a felony or a breach of the peace that threatens physical harm to another or property that is BEING committed in the arresting person’s presence or view. A set of facts that ALSO happens to apply to the arrest powers of public law enforcement OFFICERS as well UNLESS there is a specific authorization in the actual law providing otherwise (this has very specific limits too, but they are irrelevant for our purposes here). Unless specifically authorized, certain categories of laws are as equally beyond the power and authority of law enforcement (“peace”) officers to enforce as they are for members of the general public without specific authorization in the law itself.

Check out EVERY enforcement chapter in the Texas Transportation Code that deals with licenses, insurance, and movement of “vehicles” (Chapters 521-600, 601, and 701-720), and you will see that the ONLY governmental entity that is given DIRECT enforcement authority over those chapters and the statutes therein is designated as “the department” and “officers of the department,” with “department” being specifically defined in each of those chapters as “The Department of Public Safety of the State of Texas.” It is NOT simply ANY cop or deputy in ANY city or county located in Texas, and it NEVER has been.

So, despite Scott’s ineptitude at handling the situation at hand with the cop, he actually DOES know all of this, because I taught it to him in my classes here in Austin, or, at least, I tried to. He just isn’t doing what he should be doing with the opportunity to preserve his rights in the record being made of the illegal stop.

As you can tell by all the comments on Facebook posts of this video that are almost universally being made IN FAVOR of the cop and citing his ‘patience’ and ‘professionalism,’ none of those people know or understand anything at all about the actual law any better than the cop does. They are only speaking of what they have been [mis]led into believing and feeling from being [mis]guided around by the nose and spoon fed lies and disinformation their entire lives. Thus, proving undoubtedly that ignorance truly is bliss, and is precisely what the system counts on from the people to get away with its crimes against the general public, not the least of which is this form of extortion and fraud laughably disguised as furthering “public safety,” all while potentially being murdered for standing up for yourself and your rights by an illegal standing army comprised of armed corporate mercenary goons with no brain and mind of their own.

I’ve yet to see anyone commenting on this video in favor of the cop who is truly INFORMED and knowledgeable of the actual law itself. They all seem to only think and want to believe they are supporting the correct side because of what they’ve been indoctrinated and taught to think and believe, which, for the most part, is summed up with “it’s always been that way, like, forever!” They are simply speaking from their emotions and indoctrination, not from actual knowledge and intelligent consideration of the actual relevant facts and law.

That said, I am sure I will be “attacked” by the rabid supporters of the state as not knowing what the hell I’m talking about, but, not one of my detractors will be able to point to any specific law that actually shows I’m wrong or that proves them right. They might try, but their efforts, unlike mine, will be superficial at best, and based upon something they THINK they found in only fifteen minutes of research, if that. But, they will be wrong, because being superficial with these laws simply won’t get the job done. I have spent literally a couple of decades+ tearing apart and cross-linking and referencing these statutes and codes to see how they truly fit together so as to form the overall “bigger picture” I have and use with regularity to help people fight back against these fraudulent traffic tickets and the cities and agencies who use them to extort and defraud the public.

However, should any of my detractors actually care to realize and learn that to be the actual case, they can come here to my legal blog and start reading more, as the information contained here is all based upon the ACTUAL or preexisting law and not just a bunch of hair-brained unverifiable conspiracy theories and arguments backed by nothing more than a personal wish-list built up in their own minds.

The Problems with Being ‘Almost’ Right About the Law.

The information in the following picture, while mostly accurate only in relation to the prior case law being on-point with the argument of “nothing such as a ‘driver’s license’ exists or is recognized by Texas law,” is also incorrect in its majority of the remaining information being put forth as statements of actual legal fact. Primarily because those facts are incomplete and assert claims that are facially invalid as far as the actual law and facts on the subject are concerned.

This is the contents of the post as it appeared in one of the legal discussion groups I participate in on Facebook.



After reading this you might be thinking “Wow! This is great! I can use this to fight my traffic citations in Texas!! With this information I can WIN!!” Well, that thought process is more than just a little bit premature, and here are the facts I replied to this post with as to why:

“I hate to have to be the one to point it out to you, but you are simultaneously minimally correct and massively incorrect in your asserted facts here.

Yes, you are correct that PRIOR to 1983 there was no such term/phrase in the statutes of the Texas Transportation Code (“TTC”) defined as that of “driver’s license,” therefore, no one could be rightfully convicted of an offense that claimed an individual didn’t have a form of license that the law itself made no mention of as even being required.

However, even the definition of “driver’s license” that existed from 1983 forward was changed and rendered legally useless with the alleged enactment of SB 971 by the 78th Texas Legislature in 1995 (unlawfully so, but presumptively changed nonetheless).

SB 971 created an entirely new form of license TERMINOLOGY (driver’s license), BUT, it DID NOT actually create ANY new form of license, it was only made to APPEAR that it had done so. If fact, it actually REMOVED all valid forms of existing ‘permanent’ licenses, which previously existed in ONLY three specific forms, that of “chauffeurs,” “operator’s,” and “commercial operator’s” licenses. However, you will NOT find a single reference to ANY of these previous forms of permanent license ANYWHERE in the entirety of the TTC as it currently exists.

When actually reading the definitions of “driver’s license,” “license,” and “commercial driver’s license” provided within Chapters 521 and 522 of the TTC, you will find it includes only three specific forms of “license,” a “temporary license,” “learner license,” and “occupational license.” And before you go jumping the gun by thinking you know what these terms mean in relation to either the law or a license, let me say, no you don’t.

Each of these “licenses” actually have three very specific things in common; 1) each license is only a very short-term temporary form of license in and of itself; 2) each license is dependent upon either the requirement that the holder obtain some other more permanent form of license to replace it within a certain number of days in the near future (temporary and learners licenses), or it requires the holder to have surrendered some other form of permanent license in order to obtain it after a conviction for an offense that results in the revocation of that previous form of permanent license (occupational license); and 3) each of these forms of license are specifically and individually defined in the TTC as having specific prerequisites and existing conditions for obtaining them.

The term “license” itself is defined separately from, and in a totally circular reference to, the term/phrase “driver’s license, making the two inextricably conjoined as a matter of law.

The interesting thing about these three apparently ‘new’ forms of a license is, they AREN’T new. They are EACH actually the original TEMPORARY forms of the original types of ‘permanent’ license, i.e. the “chauffeurs,” “operator’s,” and “commercial operator’s” licenses. Each of these new forms of license were actually referenced in the statutes as they existed prior to 1995, but, that reference referred to them as requisite predecessors or punitive successors to applying for and obtaining one of these specific three forms of existing permanent license.

Once you actually study the definitions of these three ‘new’ forms of license, you will plainly see these facts to be absolutely true. Which then leads us to several constitutional problems with not only the statutes themselves being vague, ambiguous and overbroad, but also that the entire enactment of SB 971 is a total fraud and 100% violative of specific requirements and prohibitions within the Texas Constitution that make the entire code absolutely unconstitutional and unenforceable. Understanding the specific details and their significance takes considerable time and effort however, and there are very few who actually have invested the time and effort required to come to that understanding to its last and finest level of detail, and I am one of them, if not the only one in the entire state of Texas.

Also, you are incorrect in assuming that your list contains ALL instances of what can and does invalidate previously existing ‘case law.’ The changing of the underlying law itself CAN and DOES invalidate prior court rulings on that specific law that are in existence prior to those changes. Hence, these legislative changes statutorily invalidate your cited case law precisely because the existing case law is now in direct conflict with the new statutory changes, albeit, this holds true only if the new statutes themselves are actually valid, which they aren’t. But, that is something you would have to prove on the record in a court of law having the power to set precedent by declaring the statutes unconstitutional. This is something that I can absolutely prove using nothing more than the actual legislative bill that comprises SB 971, certified public records, and the Texas Constitution itself. These records alone provide ample evidence that the new version of the TTC and its underlying statutes ARE 100% invalid and unenforceable in their entirety, but that is a separate issue from your statements here.

Lastly, in relation to another comment you made later on this same post, no, a “driver’s license” is NOT a commercial contract. Never has been and never will be. Mainly because the actual license itself is a CONTRIVED document that is cumulatively pieced together piece by piece from multiple OTHER documents and external information before it is assembled into the little plastic card you carry around with you, meaning that you NEVER actually signed the driver’s license directly, only a signature card from which your signature was later taken and transferred onto the front of the license itself. This is but two of many specific reasons that prove the license is NOT in any way a valid contract, commercial or otherwise.”

So, as you can see, while the poster of the original information was somewhat ‘almost’ correct about the law, it would not be enough to actually win your case or even make an argument that would survive scrutiny and challenge because it contains too many false premises and misstatements of fact and law in what it claims to be true. That’s a serious problem.

If you want to know and understand the actual law on a given subject, it takes real time and effort to learn it effectively and to consider all of the nuances and implications that may exist within its language, especially when it makes reference to multiple outside statutes in relation to what this specific statute is considered as doing or already having done. You aren’t usually going to learn this in an hour of superficially skimming over the text. You most likely aren’t even going to accomplish this with really hard study and analysis over several days, for which you could most certainly make the argument is an intentional means of layering the actual implications of the law to provide job security for attorneys and judges who love to make you feel like they are smarter and know more than you, which is only about a quarter correct. They DO know more than you about how to read and understand the law, because they have had overly expensive and specialized training in doing so. However, that is still not proof in and of itself that they are really any good and competent at it, because have proven to be substandard in virtually every way imaginable when it comes to subjects such as this.

Learning law is not easy, nor really even all that rewarding by itself. But, when you need the law, and you need to use it to protect and defend yourself from those who would use and abuse it to give them the appearance of power and control over you, you will be glad that you took the time and learned how to understand and do it all properly.

Below is an external link to a news article about someone who understood this necessity well enough to make the choice and pursue the fight sans an attorney. By refusing to use an attorney, and learning how to use the law correctly and properly, this man probably saved his own life, if not merely many decades in prison, for a crime that he didn’t commit. Shouldn’t we all care enough about ourselves and or loved ones to make the same preparations by learning and training to fight back when needed?

State Administrative Agencies Regulate Only “Legal Persons.”

The bane of all fundamental human rights in America today is the rise to power of an unconstitutional institution known as “administrative law.” It permeates every area of our lives in ways that even a Korean Kimche fart in a tiny room with no windows can do.

Administrative law is unconstitutional because it is used to violate every single rule of due process that exists to protect our individual rights. It allows punishment without judicial review, and legalized extortion as a legitimate power of government that the People never intended or approved. In short, it is legalized theft backed by the power of the State.

The Patrinuts all think that the only remedy to be had in such instances is to use what they refer to as “commercial processes.” For example, legal remedy based upon unsubstantiated theories such “Accepted for Value (A4V),” “Commercial Liens,” or “U.C.C. Redemption.” Not only have I never found any lawful merit in these processes as the Patrinuts try to apply and use them, but they usually wind up making matters much worse for those people that try to do so. I also say that these theories are unsubstantiated based upon the fact that 1) I have never seen any of them work as described, 2) I have never seen them produce results that are repeatable in multiple instances, 3) I can find no law or authoritative documentation that establishes any of them as valid legal remedies for anything the Patrinuts try to use them for, 4) more people lose, and lose worse by using them, than those that are not using them.

It also doesn’t help that you pretty much have to swallow a whole sheet of LSD-laced postage stamps to have any of the Patrinut theories even begin to make any sense, which is why they can only EXPLAIN to you how they think it is all supposed to work, but cannot actually PROVE or document any of it from an authoritative verifiable source. This is compounded by any attempts they may make to convince you by posting links to statutes and small sections of case cites from questionable internet resources, and then you reading them only to find out that the case citations are completely fake, totally out of context, or not at all on-point for the issue at hand. Then, the pièce de ré·sis·tance turns out to be that Patrinut guru that’s been providing this information to the public forum has the reading comprehension and interpretation skills of a cardboard box, with the box itself actually being far more useful than this Patridiots so-called information. At least you can take all the stupid documents, videos, recordings, and other crap you got from the Patrinut and carry it all to the trash in the box.

So, while the Patrinut crowd is so busy over-complicating everything, even how to be stupid and proud of it, I almost always have found that the best real remedy in the law that one could possibly seek out and rely upon, is one that already exists in the law itself. Especially one that is verifiable, reusable, reliable, and produces repeatable and consistent success in multiple instances. This is something that I have never seen any of the Patrinut’s alleged  remedies accomplish.

What does this all have to do with administrative law you may ask? Well, believe it or not, despite its unconstitutionality in so many ways and areas when it comes to due process, it very often also provides you with an immediate remedy to any administrative issue you might currently be having to contend with. Administrative law generally supplies this remedy in the form of what is commonly referred to as an “affirmative defense” against any administrative allegation(s) and the related monetary fine(s), fee(s), or penalty(s) that might otherwise follow if left unrebutted by an answer to said allegation(s). The downside being that any failure on your part to provide and answering rebuttal results in you actually losing the issue by default and then having to seek remedy anew at a greater cost and effort to yourself.

Affirmative defenses are not strictly limited in availability to administrative law. Many areas of law, including criminal, have statutorily provided affirmative defenses for certain types of criminal allegations.  For example, in this screen shot you can see all of the individual chapters of the Texas Penal Code where the phrase “affirmative defense” can be found in relation to certain crimes. If you click the picture it should take you to the Texas Legislatures web site, where you can follow the individual returned search links to see how an affirmative defense applies to a particular crime and how to use it for your defense if you are accused of the crime and the defense applies.

Search Results - Penal Code 'affirmative defense'

This is pretty much the same way it works in administrative law as well. The one caveat is that administrative statutes don’t always specifically state that an affirmative defense exists. In which case, you have to know not only how to read and comprehend the statute, but also how to determine if such an affirmative defense is actually available as a remedy.

Which brings us to the actual purpose of this article. Texas has what is known as the “Texas Commission on Environmental Quality” or “TCEQ” for short. The TCEQ is a State administrative agency, and one of their areas of jurisdiction is the oversight of “irrigators,” which is really a shorter and more fancy term for “underground sprinkler installer and repairman.” Now, the TCEQ, like any other State administrative agency, is all about the money, which normally comes through the form of licensing, such as those who wish to be state licensed irrigators. But, also like any other State administrative agency, they like to abuse their power and authority. Which also means that the legal counsel for the TCEQ is more than willing to intentionally pervert the administrative laws to those very ends. Usually for the purpose of extorting excessively exorbitant administrative fees, fines, and penalties, from those who are unlucky enough to fall within their jurisdiction and/or invoke the ire of any of the petty bureaucrats therein.

I have a friend who is an irrigator and owns his own irrigation business. A business he has worked in for more than 40+ years. He started this business long before there even was a TCEQ and before it was necessary to obtain a license to simply earn a living by burying plastic pipes in the ground to run water through so your lawn doesn’t turn brown and blow away.

Needless to say, the TCEQ decided to set their monetary extortion sights on my friend, to the tune of over $6,000.00, per allegation, per day of alleged violation. In other words, to extort enough money to either force him out of business or to fund their whole budget for the next six years. My friend is almost 70, and runs a crew of 3-4 people from a single pickup truck and trailer. Needless to say, that kind of money simply doesn’t exist for him. There is also the slight problem that comes from there being a constitutional protection against “excessive fines imposed” in the Texas Bill of rights, to wit:

Sec. 13.  EXCESSIVE BAIL OR FINES; CRUEL AND UNUSUAL PUNISHMENT; REMEDY BY DUE COURSE OF LAW.  Excessive bail shall not be required, nor excessive fines imposed, nor cruel or unusual punishment inflicted.  All courts shall be open, and every person for an injury done him, in his lands, goods, person or reputation, shall have remedy by due course of law.

Administrative law agencies and their legal counsel would have you believe that these protections are not available or applicable to you if they have set their sights on getting your money. They are patently wrong on that front. These protections are available to the People, but, they are not available to the “legal person” that the statutes regulate. In the ‘legal’ eyes and presumptions of administrative law, these two ‘beings’ are not the same, and have totally different existences and rights. Which, believe it or not, is actually a correct interpretation of the law.

However, what happens to that legal presumption when it is being applied to one of the people that is not also one of its “legal persons?” What happens when the TCEQ tries to apply its regulatory codes, which clearly state that they apply only to the legal person who is one of their licensed irrigators, but not to the living being who is not one who possesses its license?

Well, in this case, what happens is the statutory inference of an unbeatable affirmative defense that ensures that we can prevent the TCEQ from accomplishing its goals of either extorting my friend out of all of his money, or forcing him out of business altogether because he won’t kowtow and allow himself to be forced into acquiring their license. In other words, his remedy, and yours, is actually already built into the law itself. They just hope that you don’t know that or how to find it, much less make use of it.  The key to it all is to never leave them an ‘out’ that they can use against you, whether now or later.

Statists Gonna’ State, and Almost Always Incorrectly.

What happens when an alleged “investigative journalist” only ‘investigates’ the alleged facts and history of their news and articles from the very sources that taught them to think only from the inside of society’s socialized and collectivist brainwashing box?

In an article written by Barton Deiters (“Deiters”) titled “Law Talk: Who says driving is a privilege and not a right?,” which you can read in its sullied entirety here, we can see some commentary by a former prosecutor turned criminal defense attorney that should be of considerable concern to every American. Why? Because it really shows you just how totally backwards the mindset is of a good many attorney’s, and, therefore, many judges, regarding the People’s unalienable rights.

Understand that I say “many,” because I cannot recall ever having a conversation with any attorney or judge that really sees our individual rights as anything other than “negotiable privileges.” But, I also can’t say that I’ve talked to all or most of them in existence. Still, the chances that the aforementioned mindset is not the “gold standard” across the majority of both attorneys and judges is minuscule at best.

According to Dieters, one Gerald Lykins (“Asshole”), the aforementioned Asshole, is quoted as saying the following:

bio-lykins.jpgGerald Lykins, a criminal defense attorney who once served as an assistant prosecutor in Kent County, says “rights” are regulated by the U.S. or Michigan Constitutions and must be explicitly listed – such as freedom of religion or the right against self-incrimination.”

Now, I don’t know about the rest of you, but I take considerable issue, several in fact, with any attorney that actually believes and says that, ““rights” are Dos Equis - Numero Dos 00000regulated by the U.S. or Michigan [or other state] Constitutions and must be explicitly listed – such as freedom of religion or the right against self-incrimination.”

Any normal person reading this comment would think this Asshole is actually claiming that this is how the People’s individual rights are actually formulated and are to be recognized.  If so, then I must also assume that he believes that government has always existed in the universe, is actually responsible for the creation of light, water, the firmament, the People themselves, and operates completely autonomously outside of the People’s consent and control.

Now, this is a rather big issue to me personally, as this Asshole, and most like him, appears to actually believe that the Bill of Rights contained in the various state and federal constitutions are the original and only source of our individual rights, and that’s just as scary a thought all by itself as it is just plain-ass wrong.

However, that particular misinformed and idiotically myopic  perspective is not why I chose to write this today. Rather, I chose to do so because of the specific subject matter of the aforementioned  so-called ‘investigative journalist’s’ article. Which essentially boils downDos Equis - Numero Dos 000000 to that of two issues, whether or not it is ‘legal’ to “drive” in any state of the union without acquiring a “driver’s license” and various other accouterments associated therewith, or, whether or not the People individually have the right to tell the mis-educated traffic cop to go to hell and learn to do his job correctly. The truly correct answer relies very heavily on legal semantics vs. actual common sense when coupled with verifiable world history, custom, and practice, even since before time immemorial.

Without lending any credence whatsoever to the theory of evolution, and just for the sake of example, we will start with the apes. Before the arrival of man, we must presume that apes could and did travel all over the land mass of whatever continent upon which they lived as it pleased them and their needs and desires moved them to do. They were free to come and go as they chose to wherever they desired, and by whatever means each of the individual apes might choose to travel there, whether by groups that moved in slow meandering foot steps, lengthy marches, or ‘flying’ through the tree tops from tree to tree where such mode of movement was available. And I am fairly certain that it never once occurred to any one or more of them anywhere to require that all apes should get a license for permission to use the trees or forest floor before they could do so.

Fast forward to the ‘cave-man.’ Now, he (and she) was migratory out of necessity, as they had to follow the food, because there wasn’t any farming in those days (Monsanto hadn’t yet arrived to provide BC-Riding-Highcommercial GMO seed vendors to sell them any seeds or gardening tools). Nor were there any supermarkets with frozen mammoth steaks and sabre-tooth tenderloins located just down at the corner of the local watering hole and mammoth graveyard.

It is also more than likely that the most prevalent form of locomotion available was once again by foot. But, that does not rule out the possibility that they may have learned at some point how to tame and ride animals of some sort. However, even though that would have constituted the birth of an entirely new level of technology and method of travel, I’m still pretty certain that no one thought they needed a license to engage in either the capture, training, outfitting, or riding of anything they might have decided to try and use for locomotive purposes. Not even if it was something they figured out how to build and mass-produce for themselves or each other and the contraption resembled the B.C. Comics “wheel-n-stick cycle” or Fred Flintstones “car.”

Fast forward once again to the time of ancient Rome, where men have mastered the use of donkeys, mules, horses, carts, wagons, fancy golden litters, and chariots of all kinds for personal locomotion and use upon the land….Roman Centurion Stopping Chariot 002

… and yet, I simply cannot for the life of me seriously picture a Roman Centurion standing with his foot on the wheel of someone’s wagon or chariot like a city beat cop while he writes them a uniform traffic citation for “no license” and “no registration” on a scroll of papyrus.

Now we get to the late 19th Century. Better known as the latter part of “the old west.” We arrive at a time when both the “motorcar” and the “motorcycle” have just come onto the scene here in America. Most folks couldn’t afford them, and didn’t understand why they would even want one if they already had a good horse. After all, it’s not like there was a Texaco or Shell station selling gasoline in every town or on every third street corner back then. But, more importantly, not even this new technological advancement that allowed one to move so much more freely and faster about the entire land mass of the continent required any form of government approval, license, or permission to purchase, own, and make use of upon any road, open prairie, or wilderness area anywhere.

So, if the People already had the fundamental right to sell, purchase, and/or use this new level of technology, how could the government suddenly put so many burdens on the exercise of those very same rights by we the People in modern America? Because the normal red herring response, “there are more cars now and more people have and use them,” is not only totally stupid, it is also without merit of any kind when you consider that the very same assertion is as equally true in relation to guns, and we haven’t let them totally take away the right to keep and bear arms have we?

Therefore, the short answer is, they couldn’t take away or diminish those rights by converting them into privileges, and they actually didn’t. It only appears that way because of the introduction, nay, more like lethal injection, of what has become a never-ending sea of legal semantics into the mainstream of our daily lives. It is being used to perpetrate and perpetuate a profoundly pervasive pollution of the People’s preferred prosaic English parlance while being profusely forced down our throats or shoved up our asses in prolific proportions rivaling that of the Biblical flood. (See what I mean?).

MEME - My Rights Are Not Subject to Technological Advances 1920x1080

Question: If the government couldn’t lawfully destroy the 2nd Amendment protected right to keep and bear arms by simply using the advancement of time, technology, and proliferation as an excuse, then how could they use that same reasoning as the basis to destroy the fundamental right to liberty through locomotion in modern America? Is it not true that the ability to freely move about as our own inclinations and will dictates has always been every bit as much an integral part and necessity of our very way of life as the right to keep and bear arms for self-preservation and protection from thugs, thieves, criminals, ne’er-do-wells, and our own government, at the risk of being redundant?

So, even after all of this discussion of history, custom, practice, and common sense logic, the real question of the hour still remains, “Do the People actually require state permission in the form of fees and licensing of themselves and their private property to simply exercise their common law right to liberty through locomotion by personal use of the public right-of-way for their own private business and pleasure?

In a word, “no.”

Time-and-time again over the years, I have told folks that listen to my radio show that the real truth is that the federal laws are the actual source of all of the People’s trials and tribulations when it comes to exercising our Dos Equis - Numero Dos 0000000fundamental right to be left the hell alone when we are simply moving about on the public right-of-way without causing harm to anyone.

Bring this perspective of rights, liberty, and law up to a cop in a friendly discussion, or with a prosecutor or judge in a court of law, however, and they quickly demonstrate their complete lack of willingness to question what they only think they already know, while steadfastly brushing off every legitimate effort you make to try and show them that the law itself actually disagrees with them. The history, custom, and practice of the fundamental right to liberty through locomotion simply supports our version of the facts and reading of the law far better than it does theirs. Their enthusiasm over being challenged to prove that they are in the right, or actually proven wrong, reminds me of a TV studio crowd watching the most boring game show ever.

Now, the fact that the “transportation/ motor vehicle” laws don’t actually apply to folks that are simply exercising their right to liberty through locomotion on the public right-of-way, is not to say that there are no laws that validly apply to us. Nor am I making any claim or argument that, just because the “Transportation” Code doesn’t apply to us, we are now somehow relieved of our individual duty to exercise our personal rights and use of our property in ways that do not interfere with the equal rights and property of others. The argument is simply one of common sense; just as the rights of all men are to be considered and treated as equal when exercised justly, we naturally and inherently have the individual duty to exercise self-control and restraint so as to avoid unjustly harming others, regardless of the existence or absence of any man-made law. We commonly refer to this concept of individual liberty as exercising the “Golden Rule” of “do unto others as you would have them do unto you.”

The fact is, as free and self-sovereign individuals, we are simply bound by a different set of laws than those which apply to our government servants and all the other legal entities that they create. The natural laws that are relevant to we the People could rightfully be argued to apply only to our individual duty to not interfere with or do an unjust harm to the equal rights and property of others under the concept of that Golden Rule. That would mean that no man has any claim or right to act against any other for any purpose outside of a common law tort for an unjust breach of either the Golden Rule or a contract. Which is actually a hell of a lot more liberty than the average modern-day man or woman has ever experienced or will ever be accustomed to in their lifetime. Very few have ever known the feeling of joy and purpose that comes with true personal freedom and liberty.

Even those who have just been released from years of imprisonment will never truly know this joy. Because all they have really done is leave one prison with solid bars and walls for another. Where the only difference is that the new prison’s bars and walls are invisible. This new prison is certainly no less formidable in how it is used to contain and control these people, and it is used just as well against the rest of us.  This new prison is not built of brick and mortar. It is formed by a virtually innumerable and impenetrable number of slyly constructed terms and phrases, which are all stored in volumes of thick leather-bound officious-looking books. This new prison is entirely dynamic in nature. Its walls, bars, windows, and doors are all constantly shifted about to new locations at the whim of the prison guards and the wardens. This new prison is the gelatinous ‘legal’ system, and it understands and cares about our individual rights, freedoms, and liberty about as well and as much as Chris Christie understands self-control and proper eating & exercise habits, which is to say, not in the least fucking bit at all.

Regardless of how much those in control of our government really want us to believe and accept that they are the sole power and authority that gets to determine what our rights are or how we may use them, it is, and always has been, our individual inherent right to take any action necessary to sustain and live our lives, protect our selves, family, and property, and to make use of that property, as we see fit. Which we may do, just so long as we take due care to stay within the parameters of the Golden Rule, as that is the only true limitation upon the free exercise of our individual rights. Such exercise is not a mere privilege to be granted or taken by the whims or majority vote of the People as a political body or state, or by any constitution, or by our various and numerous agencies of government at any level.

The right to liberty though locomotion is just one of the fundamentally inherent rights necessary to maintaining our very existence on this planet. History and custom not only proves this to be the case the world over, it is what is supposed to be the very basis of the People’s rights and liberty in what was once the wild and untamed frontiers of common law America, just as it once was when we were a part of England as the Colonies. Both English and American history makes it very clear, it is history, custom, and practice that makes the law and binds the People, regardless of how many modern day statist-minded attorneys and judges try to tell you different.

This should have never really been open to any form of negative debate. The People have always had and do have an absolutely fundamental individual right to liberty through locomotion upon the public right-of-way for personal business and pleasure versus the privilege of ‘driving’ for the purpose of commercial business intended to generate private profit or gain by an extraordinary use of the public right-of-way as a “transportation highway.” One is a common law protected inherent right, the other is a privileged profession or occupation. They are not in any way synonymous other than they both utilize the same public resource, the public right-of-way, albeit for very different purposes.

I will remind you once again that it is federal law that is the original source of this controversy, not because of how federal law actually reads or what it does, but rather, how the states have tried to completely hide what it actually says and does in a way that allows them to interfere with and control our individual rights, while illegally taxing us for the free exercise and enjoyment of numerous fundamental rights ancillary thereto.

But what is your evidence proving any of that to be true!!” you say? Well, would you be more willing to take the word of a previous United States President about it rather than simply trusting mine?  Would you believe me any more readily if that President told you himself that this is exactly what has happened, that the legislatures, courts, and executive departments of every state of the union, have knowingly and willfully acted fraudulently and criminally to convert the free exercise of every individual’s right of liberty through locomotion into a taxable privilege so that they could sell it back to us for a fee and use it to control and monitor our every movement about the entire continent? Really? That would make you feel better about believing me on this subject? Well, okay, then that is what I’ll do.

I now turn you over to the obliging hands, and words, of President Harry S. Truman, 33rd President of the United States from April 12, 1945-January 20, 1953, who tells us the following:

Harry S. Truman – Speech to Fraternal Order of Eagles on Automobile Safety 08-14-1937.
Harry S. Truman – Speech on CBS  Announcing the Passage of the Drivers’ License Bill (S. 25) on  02-07-1939.

Now, I’m not going to call Mr. Gerald Lykins a liar or anything……… , well, actually…, yes…, yes I am going to call him a liar! Because he is a liar!! A big fat statist liar that should be disbarred, sued, and jailed for legal malpractice and incompetence. Not to mention just being an elitist asshole and total menace to individual rights and the public health and welfare. Which, in reality, makes him absolutely no different than any of the rest of the attorneys that engage in a profession that is soooo corrupt, diseased, immoral, unethical, and dishonest, that it makes professional prostitution seem completely healthy, moral and ethical by even the most prudish of Catholic standards. This particular class of persons are so unbelievably low that earthworms can shit on their heads as easily as birds shit on cars.

Attorneys are precisely the reason that we should always begin any “Transportation/ Motor Vehicle” Code case with a Motion of Special Appearance as being the absolute very first thing we do in the matter. Even if the cop does what the law actually requires them to do by taking you immediately before a magistrate, which is mandatory here in Texas Dos Equis - Numero Dos 0000pursuant Sec. 543.002, Texas “Transportation” Code, the FIRST and ONLY words out of your mouth before anything else must be “On and for the record judge, I am here by Special Appearance to challenge this law enforcement officer’s and your court’s unsubstantiated legal presumption of personal jurisdiction over me in this matter, for which I will be filing a written challenge moving the court for a signed written order ruling solely on the issue of personal jurisdiction. Therefore, until such time as that challenge has been filed and answered, and an order ruling upon it has been signed by the court, I cannot answer any questions or provide any documents that could possibly be used against me in a court of law or to potentially incriminate me in some way of which I am not currently aware. Therefore, I do not knowingly and voluntarily waive any of my fundamental or protected rights whatsoever, and I demand my right to assistance of counsel who is to serve in an advisory capacity only. Further Respondent sayeth not.

So, the next time you see or hear an attorney open their mouth with an opinion about what rights you do or don’t have, or even as to how they work, just hand them a shovel and tell them to not leave that pile of shit that just came out of their mouth lying around for some unwary individual to step in. Dos Equis - Numero Dos 000

Then, when they are done cleaning up their mess, take back the shovel…….

… and slam them with the flat side of it really hard, right in the face!

You won’t believe the feeling of immense joy and satisfaction you will get from finally understanding that the only true benefit that attorneys provide to society is that feeling the rest of us get when we have the chance to beat on one of them like a $3.00 piñata at a Mexican fiesta or for target practice to sight in our new gun.

.

Remember……

MEME - Rope, Tree, Attorney 1920x1080

“When a Stranger Returns…”

Well, the individual that sent the email from my article “When A Stranger Calls… or Emails” has returned. He seems a bit more angry, or at least more snide, than in his original email.  But that is okay.  If he has no real desire to learn, but only to denigrate others that happen to be more informed and educated on a particular legal subject than he is, or is willing to even admit that he is, then nothing I can say or show him will make any difference anyway.

As before, please be respectful in your commentary, and address the issues involved here  from an educational perspective and not an accusatory or ad hominem manner.  Thank you.

His response email:



You are arguing that that having licencing for something such as driving in an of itself is unconstitutional. Following that argument, any laws pertaining to such as also unconstitutional. You can’t be charged with driving while suspended, because what are you in fact suspended from? Perhaps you can even drive drunk, because since regulating driving is unconstitutional who can put a restriction on your constitutional right? In fact, every single police officer and ADA in the country is violating the constitution according to your argument, because I don’t don’t know of any active ones anywhere that would agree with your premise.   I would like to see the arrest records of your agency while you were in charge. I assume is very very low since you don’t see to believe in any man man laws which come after the constitution.



My reply to his email:


Thanks for the reply.

You statement as to my arguing that a license for “driving in an of itself is unconstitutional” is patently incorrect. It is you that is arguing that “driving,” and any grammatical variation thereof, is synonymous with the individual right to privately access and use the public right-of-way for the purpose of traveling for one’s own private business or pleasure. The case law on that subject simply doesn’t agree with you as far as these two things being synonymous, and with good reason. They simply aren’t.

The grammatical variations of the legal terms of art, “drive/driver/driving,” are terms related to the same legislative subject matter, i.e. “transportation,” i.e. commercial use of the highways, by engaging in the business of “transportation” for private profit or gain. This is in no way synonymous with the public’s individual right to travel upon that same highway for private purposes without a license or anything else that is associated with “transportation.”  OUR private actions have nothing to do with that regulated occupation, and they are not subject to any regulatory requirements associated therewith.

It is the application of the “transportation” statutes regulating a business activity/profession to the private activities and common law rights of the public that is actually unconstitutional, because those statutes do not apply to them, and they never have.

All persons, in the absence of legislative edict, are vested with the right to the use of the streets and highways for travel from one place to another in connection with their business when such use is incidental to that business. This is an ordinary use of the streets and highways and is frequently characterized as an inherent or natural right. No person has an inherent or natural right, however, to make the streets or highways his place of business. Such a use is generally characterized as an extraordinary use.” (Green v. City of San Antonio, 178 S.W. (Tex.) 6; Hadfield v. Lundeen, 98 Wn. 657; LeBlanc v. City of New Orleans, 138 La. 243; Ex parte Dickey, 85 S.E. (W.Va.) 781; Desser v. City of Wichita, 96 Kan. 820; Melconian v. City of Grand Rapids, 218 Mich. 397.

As to your assertion of “driving” drunk, you would also be incorrect on that point for multiple reasons.

First off, using a car, or any type of device or equipment, in a populated public place while physically impaired is not a “crime” only under the “transportation” code. It is an actual Penal Code offense as well, but, it cannot be one related to “driving” or “operating” a “motor vehicle.” Instead, it must be alleged as reckless endangerment or negligence. If the activity actually results in death or injury to another or their property, then there could also be additional charges that would apply. No one has the inherent right to engage in an act that in and of itself creates an imminent danger to the life, rights, or property of another, such as using a car on a populated public highway under the influence of alcohol or drugs. The operative word here being imminent. The threat of injury caused by such activity must be far greater and much more likely than simply possible in order to be construed as an imminent threat.

Secondly, someone using their car on their own private property, where no imminent danger to others or to someone else’s private property exists, is in no way presenting any possibility of imminent danger to anyone but themselves and their own property. The state has no grounds for charging them with a crime in that instance, regardless of what police and prosecutors might think of the activity.
As to your last diatribe as to what I think and believe, you are only partially correct. NONE of the “ADA’s” or “CA’s” nationwide actually are doing it correctly, and the law would prove that if anyone actually cared to read and understand it, which most of them don’t. You would also be right that I don’t consider any law or governmental action that is in violation of the state and federal constitutions or individual rights to be a valid use of any delegated powers and authority. However, if you think that violating any provisions of the constitutions and the rights of individuals is a proper use of delegated authority, especially in the forms of legislation and law enforcement, then it would appear to be you and those like you that are the biggest part of the overall problem and should be the ones getting punished. When a law or action is perpetrated by any government agency or actor that unjustly and unlawfully violates the constitutions or individual rights, then the governmental actor is the criminal, not the person being unlawfully assaulted and injured.
I wish that I had the time to show you all the ways that you have been misinformed and inadequately trained in your understanding of the actual laws and proper procedures, but I simply don’t, as I spend a great deal of my time using all the things you are claiming to be untrue to actually win cases and help others to see how these laws are being unlawfully used and misapplied.
Also, while doing so, I have had the opportunity to work with and educate several defense attorneys and a few prosecutors on the matter and had them wind up agreeing with me on my interpretation of the statutes once they had the entire picture instead of the piecemeal way that they admitted to having been trained to understand them. The same way that law enforcement officers are trained to understand them, only to a much lesser degree. It does not even matter if you are willing to believe that or not, as my record on this issue speaks for itself, as will those that I have helped.
Therefore, as I said in my first reply to you, unless you are actually willing to make a good faith and true effort to fully understand everything relating to the subject of which you are attempting to speak, then continuing to respond to your accusatory and uneducated diatribes would be counterproductive.  If you actually wish to learn more, then I will oblige as best as I can in the spare time that I have to try and assist you in doing so.  Your choice.

“When A Stranger Calls… or Emails.”

Well, I got another email today from what seems to be another law enforcement officer. As you recall, the last one was from a police chief, and is posted on this blog as the article “You’ve Got Mail.”

So, just as before with that article, I ask that any comments on this article be kept civil and for the purpose of discussion and education, not name calling or ad hominem attacks.

Here it is just as I received it, and my response just as I sent it.



 

Dear Eddie:

Just listened to some video where you are encouraging drivers to not provide paperwork when involved in a car stop. I’m not sure how you are interpreting the law, but driving a car is not a right. Before you can drive a car you are required to take a test, get a license and follow VTL requirements. As part of that driving privilege you are also required to provide proof of driving privilege to those sworn to uphold the laws of the community you are driving in. Otherwise none of us would bother getting licenses and paying fees and when we got stopped just say “sorry officer,  I’m not giving you anything including my name and there is nothing you can do” and drive away unimpeded. If we DID get stopped and arrested it would be a false arrest and we’d all be rich. Also, I don’t know about Texas, but in my state a summons in given in lieu of arrest. So if you are stopped for a vehicle infraction and fail to produce identification to prove you have a right to operate your vehicle you will be arrested for the infraction and finger printed to determine your true identity.

I’m not sure if you are one of these sovereign citizens, but it is irresponsible of you to give people misinformation which will lead them into more trouble than they are in. As a former law enforcement officer you should be aware that vehicle stops are one of the most dangerous situations a cop can be in and for you to teach people to raise tension and exacerbate the situation to make a buck selling your classes is irresponsible and unconscionable.

Thank you



 

Hello, and thank you for the email.

Having received many like it over the years, I will try to be brief in my response, which is difficult considering the various levels of disinformation upon which your premise and arguments are founded.

Therefore, while I appreciate hearing your thoughts on this subject, I can only hope that you will follow suit and be willing to listen to mine. Many of which you can read about and try to understand by going to my legal blog and reading the articles that I have written and posted there upon numerous subjects and areas of law. I will provide the web site address at the end of this reply. As an FYI, I usually take emails of this sort and re-post them to my blog as an article so that others may learn from them and see the kind of mindset that is prevalent in the good ‘ol U.S. of A. these days. Also, I do not edit the original email or publish anyone’s email address.

The history of America and the rights of the people are the first hindrances to your arguments, just as it has been to those before you.

The people have always had the right to freely move about the various states without government approval or monitoring of any kind, and they still do. The fact that a particular few that control the laws and government are trying to create the perception that this right never existed notwithstanding.

For example, changes in technology over time don’t make alterations to the rights of the people because of technological advances or regressions.  If you think they do, then please tell me what the inventions are that you think are responsible for rewriting the Bill of Rights and make the people lesser as the rightful heirs of those rights?

In our history, and long antecedent to that, throughout world history, the people have always traveled about by whatever means they could afford to have available to them, whether that be by foot, ship, wagon, horseback, chariot, etc. As technology progressed to “motor cars” the same held true.  The People were absolutely free to purchase and use the newly invented “motor car” for its intended purpose upon the public right-of-way, which was to travel further and faster than they could with a horse or wagon. They couldn’t be required to have a license or anything else, because they were, and still are, a free people.

Now, fast forward to today. The various administrative agencies in every state have worked tirelessly to create legislation that uses terminology and phrasing that makes it appear that these rights no longer exist, or ever did. This is demonstrably false by simply studying the historical record of these facts, which email shows that you have not actually done. You are instead simply parroting what you have been told your whole life with little to no effort on your part to verify and affirm the information and facts for yourself.

As for myself, however, I have done the exact opposite. I have read, researched, studied, and then read and researched and studied some more to reach the conclusions that I have, that we the People are being defrauded and lied to by those that are supposed to serve us and protect our rights. The laws neither actually read nor mean what you and all others like you have been led to believe that they do. This is by design.

Administrative agencies can only remain in place as long as they serve a legitimate purpose.  What better way to ensure your own job security than to alter the laws to make it appear that society cannot function without you and your agency?  How is this possible you are asking? Rather simply. Every department of government in every State of the union has been seized by the National and State Bar Associations. Attorneys, have complete and utter control of the judicial branch of government.  Not a single office of any power within the judicial department of any state government can be held one of the People unless they are a member of these organizations. If you were to give it any honest consideration, you must admit that this is true.

It is also true that these attorneys have major power or majority control in the other departments of government as well. Which makes this all rather easy and convenient, don’t you think? They write the laws, they adjudicate those laws, and they write the policies and procedures for administrative and law enforcement agencies telling them how to enforce them and such.  However, they don’t tell these agencies everything that is in the law, or how to actually understand it if they bother to even read it for themselves.

As a former deputy sheriff, I felt that I had a duty to fully understand the laws I was being commanded and coerced into applying to the People. Especially when my knowledge, understanding, and experience led me to believe that some of those laws were actually violating rights in how they were written and being applied. One such case is the one you raised about the State law requiring people to waive their protected right to remain silent so as to comply with the production of something associated with a privilege that you are actually only assuming that they are engaging in. This is a legal impossibility, as you cannot be compelled to testify or produce any evidence that could be used against you in a court of law or to potentially incriminate you in some way of which you may not even be aware.

The United States Supreme Court ruled long ago that a statute simply cannot require the waiver of any protected right in order to comply with a privilege statute that makes the right conditional in its availability or exercise. If you really think about it, that such a statutory requirement is or could be valid, then the Bill of Rights means absolutely nothing, as the administrative agency need only convince the Legislature to write a law that outlaws the invocation and protection of those rights by any individual or group. In other words, such legislation would be inherently and unavoidably unconstitutional, which it is unless you can prove there exists a knowing and consensual waiver of the protected right, which doesn’t actually exist under the conditions and circumstances that currently apply within the States.

Now, Texas has the same laws here as those you described, which is not unusual considering that almost every State of the union utilizes the very same National Bar Association Standards on the writing and construction of laws, so as to make them more uniform throughout the several States. However, unlike yourself, I have literally spent years studying every aspect of those specific laws and procedures, their history, and the original legislative intent at the time of their creation. My conclusions have come down to the facts and evidence that prove that a massive fraud has been and still is being perpetrated upon the People of Texas, and every other State, by our own government. All of which is being done in the name of revenue.  It is not about public safety at all. It is entirely about generating revenue, monitoring, tracking, and controlling of the entire population.

Again, think about all of the things you are told you are required to do when you have a “license” if you wish to remain “legal.” Things like, keep your personal information, such as name, DOB, and address, current at all times with the administrative agency; comply with all rules and regulations of the administrative agency; transfer your “privilege” from one agency to another if you relocate, and then follow the same procedures there for monitoring and tracking; etc., etc., etc.

Then there is the matter of the statutory schemes themselves, which are worded with the intention of deceiving the reader into thinking and believing one thing, while the actual context and overall statutory scheme itself tells a true researcher and studier of its entirety a totally different story. This too is by design and specific intent.

The statutes you speak of regulate a particular class of profession and occupation, the business of “transportation,” which is the movement of passengers, goods, or property upon the land by a carrier for compensation or hire.  They have absolutely nothing to do with the general public that is simply traveling for their own private business or pleasure upon the public right-of-way. Did it escape you that it is called the RIGHT-of-way for a reason? Could that reason be because the public has always had an absolute right to access and use the public right-of-way for their own personal business and pleasure without State interference or prohibition?

The People have a right to access and use the public right-of-way for their own private business and pleasure, but not as a place of business. THAT is the actual privilege, the business use. THAT is what requires licensing, registration, insurance, inspection, and everything else that you are assuming applies to everyone in a car. It doesn’t.  Business use = privilege.  PRIVATE use = RIGHT of use. You cannot really understand or argue anything at all about the subject of “transportation” until you are willing to examine into and truly understand those distinctions. If you do, then you would be arguing entirely out of an ignorant, un-researched, and unstudied personal belief and opinion, not fact or law. I only use fact and law, rarely opinion, and then, only if the opinion is based upon a single level of logical inference that can be derived from the existing facts and evidence. Is that what you used to construct your original email to me, or did you only use your opinion on what you think the laws and courts have actually said upon this subject?

One thing about your email that I found amusing was this where you wrote, “Otherwise none of us would bother getting licenses and paying fees and when we got stopped just say “sorry officer,  I’m not giving you anything including my name and there is nothing you can do” and drive away unimpeded. If we DID get stopped and arrested it would be a false arrest and we’d all be rich.”[sic]  What amused me was the fact that you stated all of this as if it were actually some sort of problem rather than precisely how it actually ought to be and work. If an officer has no authority to stop you in the first place, then why do you perceive that this is not a perfectly acceptable response and action?  Why should we be forced under threat of violence and punitive sanctions to get a bunch of licenses and pay a bunch of fees to do something that we already and have always had every individual right to do?  Why is it that you either don’t want, won’t accept, or don’t believe, that these rights have existed and are rightfully ours to exercise? Why do you think that the government is the true owner of the roads and not the People? Isn’t government just our elected and appointed caretakers to watch over, protect, and maintain our public property that we all have a right to access and use freely?  If not, then please try and explain to ne why you don’t think so.

There is much more to it than that small smattering of things of course, as this is but one of many links in the chain you must follow to actually begin understanding the deception that is playing out right in front of us. My legal blog will fill in more links of the chain for you, if you take the time and make the effort to read and understand it.

What you think you know about this subject simply isn’t true. You simply believe that it is, and the courts and attorneys work very hard to ensure that your perception and understanding of this remains exactly where it is and where they want it. This is what gives them power over you, me, all of us.  Convince everyone that theirs is the only true reality and then let them enforce it against each other on their own.

I simply haven’t the time or space here to teach all that I know on this subject. Nor do I have any desire to explain to you your misinformation on the alphabet-agency created nomenclature of “sovereign citizen,” which is intended to do nothing more than immediately apply a stigma of credibility to all upon whom it is slathered with a very broad, ill-informed, and uneducated brush. But if it eases your mind, no, I don’t call or consider myself a “sovereign citizen.” I am absolutely no different than you in most respects, though with some obvious differences.  For instance, I no longer accept anything a governmental entity or employ tells me at face value. I research and verify everything. And more often than not, I have proven that agency or employee to be incorrect in almost every respect and point, making them totally incompetent in their job.

All of my information is based entirely upon the law, court opinions, and historical documentation, not just my imagination like so many that are discussing and providing information in subjects like this one these days. What that means is, you can personally verify everything that I put forth for others to consume for education and study. In fact, I plead with people constantly to never simply take my word about anything I say. I implore them to look it all up for themselves and verify it through their own reading and understanding. I would ask that you take the time and effort to do the same.

Therefore, what is more irresponsible and unconscionable in your estimation, a law enforcement officer that actually understands little to nothing about the conflicts and threats to our individual rights that exist between the laws that s/he is enforcing, but who is insisting that they are doing everything right despite that lack of knowledge and understanding; a criminally corrupt court system that refuses to play by its own rules or follow the law as written so as to ensure that this massive fraud upon the American People and all of its associated crimes never becomes known to the public or allows us to hold those responsible for it accountable; having your rights stolen away by legislation that has no authority to take them, but is used as an excuse by the actors to use any level of force that they then deem necessary so as to protect themselves while destroying you, me, our children, or someone else? Is this your idea of responsible and conscionable?

Are you saying that these actions are more desirable and acceptable to you than the information that I put out there that serves to expose this massive fraudulent scam for what it is? Can you please tell me where it is written that our rights are not worth protecting simply because there is some inherent risk or danger in exercising and defending them from a corrupt system of government that would rather you, we, didn’t have them at all? Which seeks to undermine or destroy them further and further with each passing day? Can you please tell me how America came to be independent from England, or how we intend to remain a free and self-governing people, if such actions and ideas, and their associated risks, are just too unacceptable to contemplate or engage in in this modern day era in which we live? What, exactly, does freedom and liberty truly mean to you if you think that that scenario is how it is supposed to be?

I know none of this is something you might want or like to hear, but it is a fact that you are wholly ignorant and unqualified in what you do not know as well as what you think you know on this subject. You have swallowed the story without requiring any actual evidentiary proof and verification whatsoever. Which I totally understand as being rather hard to own up to if confronted and challenged on it, but it’s the truth nonetheless. However, you can make the effort to change that if you wish.

Again, thank you for the email, but you are mistaken in your understanding of the law and the facts of what is a right and what is a privilege.

The legal blog is here:  taooflaw.wordpress.com

Attorneys – Truth and Consequences

This post (all typos and such in original) was made in my “Tao of Law” legal discussion group on Fecalbook (not a typo):

About the Law called Right to travel where it’s saying on here you do not have to have drivers license and tags insurance and registration.Well ive talked to five attorneys this week and they laughed about that.With that being said why do everybody have license and tags on there cars if it was easy to get dismissed in a court.My guess is you can’t get it dismissed in court.Can anybody enlighten me on how I can beat it?? Thanks


My Response went thusly…

“Let me try to understand your logic:

You asked a series of known habitual liars about an area and matter of law from which they stand to hugely profit under the status quo, about a non-legal solution to that same issue that would serve to deprive them of that profit, and you expected the answers you got to be truthful and correct by being in actual compliance with the actual law, as well as respectful of the constitutionally protected rights of the individual and generally in the best interest of the public?

Have you actually LIVED on Earth long? lol

Your post reminds me of the old riddle of the fork in the road;
==================================

You stand at a fork in the road. Next to each of the two forks, there stands a guard. You know only the following things in order to choose the correct path and continue forward, as you cannot go back the way you came:

1) one path leads to Paradise, the other leads to Death;

2) you cannot distinguish any references or differences between the two paths to help you choose;

3) you also know that one of the two guards (“TRUTH”) always tells the truth and the other guard (“LIAR”) always lies (guess which one that is in your question…), but you don’t know which is which anymore than you know the correct path at this point;

4) you are allowed to ask only one of the guards one question to try and discover which path leads to Paradise;

5) once you choose and start down whichever path, there is no turning back or changing your mind.

So, the riddle is “what is the one question you can ask either of the two guards in order to properly apply the answer and guarantee that you choose the correct path to Paradise?”

Answer: The correct question AND application of the answer is:

Question: Ask either guard “What path will the other guard say is the path to Paradise?”

Application of answer: Take the OPPOSITE path from that which the guard pointed to.

ANALYSIS:

Now, IF TRUTH ALWAYS tells the truth, and LIAR ALWAYS lies, then the logic is:

If you asked TRUTH which path LIAR will say is the path to Paradise, then TRUTH will point to the path to Death, because TRUTH is telling the truth about what LIAR will say.

If you asked LIAR which path TRUTH will say is the path to Paradise, then LIAR will point to the path to Death, because LIAR is lying about what TRUTH will say.

Therefore, no matter WHICH guard you ask the question to, you ALWAYS take the opposite path from the one that is pointed to. This also illustrates the point of asking the question the CORRECT way, as you can quickly learn by simply changing the question from asking one of the guards about the road to Paradise to asking instead about the road to Death and then doing the same analysis.

Enjoy Paradise!”


The moral of the story is, generally speaking, attorneys are notorious liars and thieves that control our society with their own private criminal cabal utilizing a system of legalized slavery and theft through regulatory codes that are wholly unconstitutional when applied to the People in their private lives and activities, and, who are, in my humble opinion, totally worthless and a ruinous festering rot upon a truly civilized and moral society. They do this by utilizing knowing and willful misrepresentations of not only the law, but also of legal facts, evidence, and general principles relating to individual rights, truth, and moral and ethical justice.

The rule of law is nonexistent wherever and whenever it may by twisted and perverted by attorneys more interested in a victory or a fee more than in right, wrong, and justice.

And even though I would not expect an attorney to theoretically have enough moral substance and actual guts to even physically slow down or stop a bullet, I am sure that there would be many who would be more than willing to stack them ten deep and conduct such experiments with a variety of weapons and calibers to determine the validity of that theory for as long as is necessary to fully exhaust the supply of attorneys required to conduct such a study and reach a final conclusion.

NOTE: Please watch your local newspapers for applications to become an associate member of the research team.  😉

Attorneys – Like Mosquitoes, They Can Only Survive on the Blood of Others

A funny thing happened on the way to reading my way through a deluge of emails; I came across one that entered my inbox earlier yesterday, but which I did not actually see until the early morning hours of today.  The email reads thusly:


I’ve seen some of your videos on YouTube and wanted to tell you that you’re wrong.  You appear not to be able to distinguish the difference from the right to travel and the State’s right to regulate the operation of a dangerous mode of transportation that can harm, injure, or kill people and damage private or public property.  That State right is the doctrine of police power, which was adopted into the US Constitution by the 10th Amendment.  You should research it – plenty of SCOTUS cases in support.  How do I know?  I practiced constitutional law for over 35 years and fought govt over-reach and REAL infringement on rights.

Also, before becoming a lawyer, a group of us created the “right to travel vs driver’s license”  issue way back in 1972.  You use all of our research, court cases and tactics we developed almost 45 years ago.  We sold pamphlets, cassette tapes and gave seminars.  And it was BS then and is BS now.  I was amazed that it was still around.
You should rethink misleading people on this issue – you are perpetrating a fraud.  Not very patriotic of you.

Here then is my response to this admonition, which I reserve the right to amend over time as necessary for completeness and accuracy as time and information allows (same thing I told him in my emailed response):

Mr. Galt, you, like many before you, appear to be assuming quite a bit about what I do or do not know. And I can very well and do distinguish between a right to travel and the state police power to regulate. And there are MANY things and activities that can injure or kill that the state demonstrably has NO power whatsoever to interfere with or take away.  The fact that they use illegitimate reasoning and deadly force to get their way does NOT make them right nor their actions lawful, even though they may have legislatively or judicially declared their actions to be ‘legal.’ History documents that Adolph Hitler did the same thing if memory serves, and look how he wound up when it was all said and done. And I find no increase in your personal merit, credibility, or ability by your admission of having misunderstood and mishandled a particular subject of much legal and political debate for more than 35 years. How is an admission of perpetual misconception and/or incompetence in understanding something so simple and fundamental to the rightful free exercise and enjoyment of individual liberty and rights supposed to legitimize your position of telling me that I am “wrong” simply because you and those like you were incapable of comprehending the simplicity of thought and action relating to individual rights and liberty so as to understand this most basic of human concepts and do it right?

You also appear to be holding the mistaken belief that the various constitutions are themselves the well-spring of the rights and liberties of We the People, and that we are the ones bound by their respective provisions and principles. That is a demonstrably unsubstantiated and fundamentally unsafe foundational premise, as no constitution on this planet is now or ever has been the source of our inherent and fundamental individual rights and liberties. In that respect, its sole purpose as a grantor of any and all delegated powers and authority, and prohibitions upon the use of same, is applicable and binding only upon our servant government and its actors, regardless of branch, department, or office. The only thing a constitution does directly for the People is to provide a reminder to those in government that they are in fact, NOT the ones in charge of everything, and to preserve an actionable remedy to remove, alter, or abolish any or all parts of that government when it fails to adhere to the proper limits upon its use of that power and authority.

Now, let’s start with what I feel should be some rather simplistic facts and logic in terms of laying a foundation for this response, beginning with certain facts that we know for certain are true:

1)  It is NOT illegal for an individual to purchase an automobile or truck of any classification or type for private non-commercial use in any state of the union.

2)  There are NO laws placing any restrictions upon the number of automobiles or trucks that a private individual can purchase.

3)  There are NO laws prohibiting the free exchange of lawfully owned private automobiles or trucks between private individuals or private individuals and business’.
4)  The foundation of facts established by items 1-3 begs the conclusion that any man may purchase and own any number of automobiles or trucks as their own private property, and may do with them as he might please as to their purchase, sale, transfer, use, or destruction. After all, he lawfully and rightfully owns them, not the state, not society, and most certainly not government as it is a creature of man’s own lesser design and creation.  Only a lien-holder would have say in the matter, and neither the state nor its agents are parties to that contractual agreement as lien-holders, so they have no legitimate claim under it and no duty towards it other than ensuring that the contract does not violate properly enacted and applicable law governing such contracts or that it is not unconscionable toward either party in its terms.
However, it would appear to be your position that the state, while it has no lawful authority to say or do anything at all in relation to any of the things described in 1-4 above, can somehow still claim it has the legitimate authority to tell someone that they have no inherent or fundamental right to actually use the private property that they lawfully purchased and own for its intended and designed purpose. Thomas Jefferson would probably have first laughed in the face of any judge or attorney that would dare foment such an obviously liberty and individual rights denying concept, and then, sought their disbarment and/or impeachment, rapidly followed by criminal charges or lunatic commitment papers.   Jefferson’s thoughts on such stupidity are rather poignant, The right to use a thing comprehends a right to the means necessary to its use, and without which it would be useless.” –Thomas Jefferson to William Carmichael, 1790. ME 8:72

Jefferson had much to say on the concept and law of private property ownership and use:

Property Rights:

“The true foundation of republican government is the equal right of every citizen in his person and property and in their management.” –Thomas Jefferson to Samuel Kercheval, 1816. ME 15:36

“A right to property is founded in our natural wants, in the means with which we are endowed to satisfy these wants, and the right to what we acquire by those means without violating the similar rights of other sensible beings.” –Thomas Jefferson to Pierre Samuel Dupont de Nemours, 1816. ME 14:490

“[We in America entertain] a due sense of our equal right to… the acquisitions of our own industry.” –Thomas Jefferson: 1st Inaugural, 1801. ME 3:320

“He who is permitted by law to have no property of his own can with difficulty conceive that property is founded in anything but force.” –Thomas Jefferson to Edward Bancroft, 1788. ME 19:41

“That, on the principle of a communion of property, small societies may exist in habits of virtue, order, industry, and peace, and consequently in a state of as much happiness as Heaven has been pleased to deal out to imperfect humanity, I can readily conceive, and indeed, have seen its proofs in various small societies which have been constituted on that principle. But I do not feel authorized to conclude from these that an extended society, like that of the United States or of an individual State, could be governed happily on the same principle.” –Thomas Jefferson to Cornelius Camden Blatchly, 1822. ME 15:399

The Origin of Ownership:

“It is a moot question whether the origin of any kind of property is derived from nature at all… It is agreed by those who have seriously considered the subject that no individual has, of natural right, a separate property in an acre of land, for instance. By an universal law, indeed, whatever, whether fixed or movable, belongs to all men equally and in common is the property for the moment of him who occupies it; but when he relinquishes the occupation, the property goes with it. Stable ownership is the gift of social law, and is given late in the progress of society.” –Thomas Jefferson to Isaac McPherson, 1813. ME 13:333

“A right of property in moveable things is admitted before the establishment of government. A separate property in lands, not till after that establishment. The right to moveables is acknowledged by all the hordes of Indians surrounding us. Yet by no one of them has a separate property in lands been yielded to individuals. He who plants a field keeps possession till he has gathered the produce, after which one has as good a right as another to occupy it. Government must be established and laws provided, before lands can be separately appropriated, and their owner protected in his possession. Till then, the property is in the body of the nation, and they, or their chief as trustee, must grant them to individuals, and determine the conditions of the grant.” –Thomas Jefferson: Batture at New Orleans, 1812. ME 18:45

“The laws of civil society, indeed, for the encouragement of industry, give the property of the parent to his family on his death, and in most civilized countries permit him even to give it, by testament, to whom he pleases.” –Thomas Jefferson to Thomas Earle, 1823. ME 15:470

Every Citizen is Entitled to Own Property:

“The political institutions of America, its various soils and climates, opened a certain resource to the unfortunate and to the enterprising of every country and insured to them the acquisition and free possession of property.” –Thomas Jefferson: Declaration on Taking Up Arms, 1775. Papers 1:199

“The earth is given as a common stock for man to labor and live on. If for the encouragement of industry we allow it to be appropriated, we must take care that other employment be provided to those excluded from the appropriation. If we do not, the fundamental right to labor the earth returns to the unemployed… It is not too soon to provide by every possible means that as few as possible shall be without a little portion of land. The small landholders are the most precious part of a state.” –Thomas Jefferson to James Madison, 1785. ME 19:18, Papers 8:682

“No right [should] be stipulated for aliens to hold real property within these States, this being utterly inadmissible by their several laws and policy.” –Thomas Jefferson: Commercial Treaties Instructions, 1784.

“Whenever there is in any country uncultivated lands and unemployed poor, it is clear that the laws of property have been so far extended as to violate natural right.” –Thomas Jefferson to James Madison, 1785. ME 19:18, Papers 8:682

“[The] unequal division of property… occasions the numberless instances of wretchedness which… is to be observed all over Europe.” –Thomas Jefferson to James Madison, 1785. ME 19:17, Papers 8:681

“I am conscious that an equal division of property is impracticable. But the consequences of this enormous inequality producing so much misery to the bulk of mankind, legislators cannot invent too many devices for subdividing property, only taking care to let their subdivisions go hand in hand with the natural affections of the human mind.” –Thomas Jefferson to James Madison, 1785. ME 19:17, Papers 8:682

The Protection of Property Rights:

“[The] rights [of the people] to the exercise and fruits of their own industry can never be protected against the selfishness of rulers not subject to their control at short periods.” –Thomas Jefferson to Isaac H. Tiffany, 1816.

“I may err in my measures, but never shall deflect from the intention to fortify the public liberty by every possible means, and to put it out of the power of the few to riot on the labors of the many.” –Thomas Jefferson to John Tyler, 1804. ME 11:33

“Our wish… is that… equality of rights [be] maintained, and that state of property, equal or unequal, which results to every man from his own industry or that of his fathers.” –Thomas Jefferson: 2nd Inaugural Address, 1805. ME 3:382

“To take from one because it is thought that his own industry and that of his father’s has acquired too much, in order to spare to others, who, or whose fathers have not exercised equal industry and skill, is to violate arbitrarily the first principle of association–‘the guarantee to every one of a free exercise of his industry and the fruits acquired by it.'” –Thomas Jefferson: Note in Destutt de Tracy’s “Political Economy,” 1816. ME 14:466

“If the overgrown wealth of an individual is deemed dangerous to the State, the best corrective is the law of equal inheritance to all in equal degree; and the better, as this enforces a law of nature, while extra-taxation violates it.” –Thomas Jefferson: Note in Destutt de Tracy’s “Political Economy,” 1816. ME 14:466

Rights Associated With Ownership:

“It would be singular to admit a natural and even an hereditary right to inventors… It would be curious… if an idea, the fugitive fermentation of an individual brain, could, of natural right, be claimed in exclusive and stable property. If nature has made any one thing less susceptible than all others of exclusive property, it is the action of the thinking power called an idea, which an individual may exclusively possess as long as he keeps it to himself; but the moment it is divulged, it forces itself into the possession of every one, and the receiver cannot dispossess himself of it. Its peculiar character, too, is that no one possesses the less, because every other possesses the whole of it. He who receives an idea from me, receives instruction himself without lessening mine; as he who lights his taper at mine, receives light without darkening me. That ideas should freely spread from one to another over the globe, for the moral and mutual instruction of man, and improvement of his condition, seems to have been peculiarly and benevolently designed by nature, when she made them, like fire, expansible over all space, without lessening their density in any point, and like the air in which we breathe, move and have our physical being, incapable of confinement or exclusive appropriation. Inventions then cannot, in nature, be a subject of property. Society may give an exclusive right to the profits arising from them, as an encouragement to men to pursue ideas which may produce utility, but this may or may not be done, according to the will and convenience of the society, without claim or complaint from anybody… The exclusive right to invention [is] given not of natural right, but for the benefit of society.” –Thomas Jefferson to Isaac McPherson, 1813. ME 13:333

“By nature’s law, every man has a right to seize and retake by force his own property taken from him by another by force or fraud. Nor is this natural right among the first which is taken into the hands of regular government after it is instituted. It was long retained by our ancestors. It was a part of their common law, laid down in their books, recognized by all the authorities, and regulated as to circumstances of practice.” –Thomas Jefferson: Batture at New Orleans, 1812. ME 18:104

“Charged with the care of the general interest of the nation, and among these with the preservation of their lands from intrusion, I exercised, on their behalf, a right given by nature to all men, individual or associated, that of rescuing their own property wrongfully taken.” –Thomas Jefferson to W. C. C. Claiborne, 1810. ME 12:383

“Nothing is ours, which another may deprive us of.” –Thomas Jefferson to Maria Cosway, 1786. ME 5:440

“[If government have] a right of demanding ad libitum and of taxing us themselves to the full amount of their demand if we do not comply with it, [this would leave] us without anything we can call property.” –Thomas Jefferson: Reply to Lord North, 1775. Papers 1:233

“The first foundations of the social compact would be broken up were we definitely to refuse to its members the protection of their persons and property while in their lawful pursuits.” –Thomas Jefferson to James Maury, 1812. ME 13:145

“Persons and property make the sum of the objects of government.” –Thomas Jefferson to James Madison, 1789. ME 7:459

“The right to sell is one of the rights of property.” –Thomas Jefferson to Handsome Lake, 1802. ME 16:395

“The power of repelling invasions, and making laws necessary for carrying that power into execution seems to include that of occupying those sites which are necessary to repel an enemy, observing only the amendment to the Constitution which provides that private property shall not be taken for public use without just compensation… Where the necessary sites cannot be obtained by the joint and valid consent of parties,… provision should be made by a process of ad quod damnum, or any other more eligible means for authorizing the sites which are necessary for the public defense to be appropriated to that purpose.” –Thomas Jefferson: Message on Defence, 1808. ME 3:326

You now might better recognize this concept of yours, as it is essentially a claim that government can deny or convert to privilege the rightful and lawful use of private property against him who lawfully owns and controls it. It is a concept very much in line with that of an unlawful governmental taking or conversion of property, which is something else that SCotUS has addressed on more than one occasion, albeit with ever increasing ineptitude and leanings toward destruction of rights and usurpation of power.

Which brings me to the one question that no attorney or judge ever appears to be able to reasonably explain when asked, “how did the people go from having every right to using ANYTHING that they lawfully owned and possessed, whether that be their feet, a burrow or horse, a chariot, a sled, a litter, a wagon, or a “motor car,” to freely travel upon the roadways of their age, to suddenly having that right converted into a mere privilege due to nothing more than the advancement of time and technology coupled with the whims of other men?”

Which then, of course, begs the followup question;  “Can you name any other inherent and fundamental individual right that has been so fully and unlawfully converted into a licensed privilege simply because time and advancements in technology made changes in the manner of things and devices used to exercise it?” I certainly can’t. Nor can I fathom how any court or governmental body could have possibly come to a lawful and constitutional conclusion that they suddenly had a new power and authority that they had never previously possessed in that they could arbitrarily take away a man’s right to the use of his own private property for any and all LAWFUL (not LEGAL) purposes unless he first sought and received governmental permission to do so.

And any argument that the government has the right to deny the use of THEIR roads is patently false, because the roads are neither owned by nor belong to the government. They belong to the people. WE paid for them to be built and to be maintained. They are OURS. Government is nothing more than our elected and appointed steward for seeing to it that the roads remain fit for OUR use in pursuit of our individual private business or pleasure.

Even more to the point, just WHO could have possibly given the state legislature, or any other body of government, the authority to make that conversion of fundamental and inherent individual rights and liberties into lesser government sanctioned and licensed/permitted privileges?  Such a thing is inconceivable in a constitutional republic. If I have no personal or individual right to tell someone else that they cannot use either their private property, or our mutual property in the form of the public roads, in a lawful and peaceful manner, whether such use is done independently or simultaneously. And neither you nor anyone else has any such lawful right.  And if none of us individually have any such lawful power and authority over another man, then neither does ANY governmental agency or agent, as their just powers are derived from us. And if we don’t lawfully have it, we cannot delegate it to another, not even to our own legal creation known as government.

The collective power of government was only intended and authorized to be used against particular members within We the People that had committed unlawful acts against the person, rights or property of another individual or group. And even then, that authority was limited to the purposes of apprehending, trying, convicting, and punishing those specific individuals, not to regulate or otherwise control the rest of us individually or collectively in the just exercise of our own free will. I, like most men, am self-regulating. And I do not seek to unjustly harm the person, rights or property of any other man.

The premise for this line of thought and reasoning in relation to the limits of delegated authority derived from individual rights and liberties was proclaimed by Jefferson in these words:

 What is true of every member of the society, individually, is true of them all collectively; since the rights of the whole can be no more than the sum of the rights of the individuals.” –Thomas Jefferson to James Madison, 1789. ME 7:455, Papers 15:393 

The principles of government… [are] founded in the rights of man.” –Thomas Jefferson to John Cartwright, 1824. ME 16:51

Our rulers can have authority over such natural rights only as we have submitted to them.” –Thomas Jefferson: Notes on Virginia Q.XVII, 1782. ME 2:221

Every man, and every body of men on earth, possesses the right of self-government… This, like all other natural rights, may be abridged or modified in its exercise by their own consent, or by the law of those who depute them, if they meet in the right of others.” –Thomas Jefferson: Opinion on Residence Bill, 1790. ME 3:60

Were [a right] to be refused, or to be so shackled by regulations, not necessary for… peace and safety… as to render its use impracticable,… it would then be an injury, of which we should be entitled to demand redress.” –Thomas Jefferson: Report on Navigation of the Mississippi, 1792. ME 3:178

 

Furthermore, when the state enacts a law, ANY law, that is enacted for the regulation of something, anything, it must first be something that the people themselves have the power to regulate themselves either individually or by collective agreement. Why you might ask? Well, it really is a rather simple concept; one cannot give away a power or authority that s/he does not lawfully and rightfully posses. And the tired old cliche of “the people voted” is non-substantive, as the free exercise and enjoyment of inherent fundamental individual rights cannot be removed from any one or more of the people by a majority vote. Nor can a majority vote do any better when it comes to converting a right into a privilege.

This is the difference between a republic and a democracy. One protects the rights and liberties of the individual, the other is nothing more than mob rule, which the founding fathers soundly rejected.In my personal opinion, it is rather idiotic for anyone tell the people that they are born free men, and that they live in a free republic where they each have equal inherent fundamental and innumerable rights, and then, in the same breath, try to qualify or downplay that by saying “… well, … except this, … or that, … or these things here, … because we who are supposedly your servants, having been empowered by our sworn oath to protect and defend ALL of your individual rights as a prerequisite of our existence and authority, have decided without your consent to not let you claim or exercise certain one’s of them, or potentially any of them, as an individual right to be exercised without our written and purchased permission.” Tell me, just who has any lawful right whatsoever to tell another man what he can or cannot do with his own person or property when he does not use his rights to those things to intentionally or negligently cause harm to me or any other?

Now as far as the actual laws themselves go in relation to the subject of “transportation” versus “the right to travel,” let’s look at it from this perspective.

The Texas Constitution, as does most state constitutions of which I am aware, limits the subject of any legislative enactment to ONE SUBJECT. In the case of the fairly recently recodified “transportation” code, that subject just happens to be “TRANSPORTATION.” And ANYTHING that is written into that code MUST be related to that one subject. If it is not, then that portion of the code would be UNCONSTITUTIONAL as it would be a legislative Bill dealing with more than one subject.

Now, the Texas Legislature did not provide a definition of the term “transportation” in ANY law or code that exists in Texas. However, they DID create statutes that tell us precisely how to determine the meaning of those terms that they failed to define. These methods of writing, reading, and interpreting the meaning of such terms and phrases, can be found in Chapters 311 and 312 of the Texas Government Code. Within which you will find that the term “transportation” is to be defined in the same manner as other existing law or as the standard industry usage defines it, which just happens to match with the very definition that one would find in the SCotUS case law cited as the basis for that definition in Black’s Law Dictionary 6th Edition and earlier.  The same would apply to the term “carrier.”

It should be axiomatic that, in order to charge someone with a crime under the specific subject matter of “transportation,” since that is the ONLY subject to which the code and its regulatory statutes can constitutionally apply, the state MUST prove that the individual WAS engaged in “transportation” as defined by that term.  Simply being in a car on the highway isn’t enough to constitute “transportation.” And if you are willing to suggest that the state is somehow not required to prove that the regulated subject matter to which the statutes specifically apply is in any way relevant to the criminal accusations being made against the Accused by alleging offenses that are defined by and exists solely within that subject matter code, then you are admitting to the knowing and intentional denial of the right of due process as being precisely what is wrong with your particular brand of justice and the corrupt judicial and Bar system that controls it.

Furthermore, there is a HUGE difference between using the police power for regulation for public safety, such as traffic control devices meant to control traffic flow so as to prevent accidents for instance, and taxation of a privileged activity through various license and permit schemes. You are either considering them to be one and the same or are failing to recognize the distinctive differences, because SCotUS and numerous other courts have ruled over and over again that any license or permit requiring a payment of a fee in order to obtain it ARE taxes upon the exercise of the permissive privilege. The term “tax” and “license” are synonymous according to those court rulings.

However, the right to liberty through locomotion is NOT a permissive or granted privilege, but rather it is an inherent and fundamental right of liberty through locomotion, for which I do not require any man or court to recognize in order for me to know it to be absolutely true. Only a slave must ask permission and favor to move about without his chains, in whatever form those chains may be.  The Declaration of Independence makes this understanding of liberty more than  clear to someone that isn’t actually looking for some legal control mechanism by which to either conceal or deny its very existence.

To secure these [inalienable] rights [to life, liberty, and the pursuit of happiness], governments are instituted among men, deriving their just powers from the consent of the governed… Whenever any form of government becomes destructive of these ends, it is the right of the people to alter or abolish it, and to institute new government, laying its foundation on such principles, and organizing its powers in such form, as to them shall seem most likely to effect their safety and happiness.” –Thomas Jefferson: Declaration of Independence, 1776. ME 1:29, Papers 1:429
But Jefferson didn’t stop there when it came to expounding upon the only real basis and necessity for any form of organized government in the first place:

It is to secure our rights that we resort to government at all.” –Thomas Jefferson to Francois D’Ivernois, 1795. FE 7:4
[These are] the rights which God and the laws have given equally and independently to all.” –Thomas Jefferson: Rights of British America, 1774. ME 1:185, Papers 1:121

 

What you are saying about the police power and the government’s alleged right to regulate certain activities is not a concept created by the people OR our constitutions, but rather by the courts and those within our government that decided they knew better than us how to lead lawful and productive lives, and then proceeded to use their delegated powers to subvert and undermine the rights of everyone for the perceived [but false] benefit of a collective society, which is a concept soundly rejected as an abomination to the principles of a constitutional republic.

The idea is quite unfounded that on entering into society we give up any natural right.” –Thomas Jefferson to Francis Gilmer, 1816. ME 15:24

 

And you also seem to think that I and everyone else should have no opinion or argument that contradicts or refutes that which establishes the power and control sought by government through our courts. Courts which have demonstrated their complete failure in understanding even the most historically fundamental concepts of LIMITED government and inherent fundamental individual rights, which they’ve accomplished through a never-ending train of tortured reasoning and incompetent or abusive readings and interpretations of the provisions within the various constitutions to further diminish individual rights in favor of ever expanding governmental power and authority. It is the basic principle of letting the inmates run the asylum by setting and interpreting their own rules.

Your words make it appear that you want me and the rest of the American people to simply accept the baseless assertion that they, meaning the courts, attorneys like you, and governmental actors in general, are somehow more capable, qualified, and intellectually equipped to be the sole collective body uniquely empowered to be our only purveyors of truth and understanding. A concept which I find not only laughable to the point of requiring corrective surgery, but with which I heartily and vehemently disagree to the point of being willing to take up arms to defend against it. Nor am I alone in thinking so. My words to you on that point are well founded in a prior discussion involving Jefferson that long predates us both, and which soundly renounces and refutes such an assertion on your part:

You seem … to consider the judges as the ultimate arbiters of all constitutional questions; a very dangerous doctrine indeed, and one which would place us under the despotism of an oligarchy. Our judges are as honest as other men, and not more so. They have, with others, the same passions for party, for power, and the privilege of their corps…. Their power [is] the more dangerous as they are in office for life, and not responsible, as the other functionaries are, to the elective control. The Constitution has erected no such single tribunal, knowing that to whatever hands confided, with the corruptions of time and party, its members would become despots. It has more wisely made all the departments co-equal and co-sovereign within themselves.” –Thomas Jefferson to William C. Jarvis, 1820. ME 15:277

A free people [claim] their rights as derived from the laws of nature, and not as the gift of their chief magistrate.” –Thomas Jefferson: Rights of British America, 1774. ME 1:209, Papers 1:134

Some other natural rights… [have] not yet entered into any declaration of rights.” –Thomas Jefferson to John W. Eppes, 1813. ME 13:272

 

So, despite what you might think about the power and authority of government to do any particular thing it damn well pleases, I would consider the possibility that you, like many others before you and in office today, have failed to remember that We the People ARE the one true and primary department of government that has the power to supersede and/or do away with anything and everything that government, in whole or in part, may decide or do. The government’s willingness to resort to force of arms, and to use them without fear of accountability, does not make those doing so right. What it does make them is a group of treasonous despots that deserve to be arrested and punished with life in prison for their crimes against us all, which will be exactly what happens if they lose the battle of force.

Therefore, all I can say to you is that you may choose to believe as you wish and stay as much a slave to those beliefs in relying on a totally corrupt and broken system of law and injustice as you desire, regardless of how ill-founded or unsubstantiated such beliefs may be. But, none of your choices bind me or any other individual to you or to those choices. I have the faculties and the inherent and unalienable right to think and act for myself, to make my own choices, to self-regulate, and to engage in my own private business or pleasure using my own understanding of the proper exercise of my rights and liberties as I see fit, limited or barred only by the equal rights of others to not be intentionally or negligently harmed by me. Which would also include freedom from those same types of intrusions and harm by government actors. THAT is the true limit of government’s police powers upon the free exercise of the individual rights and property belonging to We the People as far as I am concerned.

I would rather be exposed to the inconveniences attending too much liberty than to those attending too small a degree of it.” –Thomas Jefferson to Archibald Stuart, 1791. ME 8:276

Being myself a warm zealot for the attainment and enjoyment by all mankind of as much liberty as each may exercise without injury to the equal liberty of his fellow citizens, I have lamented that… the endeavors to obtain this should have been attended with the effusion of so much blood.” –Thomas Jefferson to Jean Nicholas Demeunier, 1795. FE 7:13

Of liberty I would say that, in the whole plenitude of its extent, it is unobstructed action according to our will. But rightful liberty is unobstructed action according to our will within limits drawn around us by the equal rights of others. I do not add ‘within the limits of the law,’ because law is often but the tyrant’s will, and always so when it violates the right of an individual.” –Thomas Jefferson to Isaac H. Tiffany, 1819.

Under the law of nature, all men are born free, every one comes into the world with a right to his own person, which includes the liberty of moving and using it at his own will. This is what is called personal liberty, and is given him by the Author of nature, because necessary for his own sustenance.” –Thomas Jefferson: Legal Argument, 1770. FE 1:376

If [God] has made it a law in the nature of man to pursue his own happiness, He has left him free in the choice of place as well as mode, and we may safely call on the whole body of English jurists to produce the map on which nature has traced for each individual the geographical line which she forbids him to cross in pursuit of happiness.” –Thomas Jefferson to John Manners, 1817. ME 15:124

The evidence of [the] natural right [of expatriation], like that of our right to life, liberty, the use of our faculties, the pursuit of happiness, is not left to the feeble and sophistical investigations of reason, but is impressed on the sense of every man. We do not claim these under the charters of kings or legislators, but under the King of Kings.” –Thomas Jefferson to John Manners, 1817. ME 15:124P.S.

Thank you for your email. I will use it for the edification of others so that they may understand why attorneys should never be allowed to hold public office or other positions of power that would allow them to control and subvert the freedoms and liberties that are inherent in us all by our very birth. I will be posting your email, and my response, to my blog.

Be aware that I reserve the right to edit and amend my original response at any time and in any way that I deem necessary as time and information allows. Hopefully it will be enough to provide you with a different perspective than the one that you currently have, the most important of which being that the legal profession cannot have its cake and eat it too. When laws are used to subvert and supplant liberty and freedom with permissions and privileges, then the law itself, and those that try to justify supporting and defending it, ARE the only real problem.

The Licensing Scheme – Current Day vs. Original Intent

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“Challenge jurisdiction once, always, and forever.”

The Licensing Scheme – Current Day vs. Original Intent:

Almost without exception, whenever I encounter people and begin a discussion on licensing and registration, everyone is either an expert on why licensing is important and required and how it all works, or, they are totally clueless about any of it, but, they absolutely insist that we must have it or everyone will simply kill each other. The logic from either side usually sounds something like this:

The expert – “Well, you do know that when you go to the DMV and REGISTER your automobile, it is for the PURPOSE of being able to do COMMERCIAL BUSINESS from it, because YOUR name has been converted into ALL CAPS, and that converted YOU into a CORPORATION. And because your car is now REGISTERED as a MOTOR VEHICLE, you are presumed to be ALWAYS using it for that purpose, therefore, you MUST get a DRIVER’S LICENSE so that you can DO BUSINESS from your MOTOR VEHICLE, which means that YOU are ALWAYS doing business too as long as you have that DRIVER’S LICENSE, just like a CORPORATION.”

The uninformed but terribly insistent and clueless Statist – “But, *I* want the State to require licenses and make sure everyone has one, because, if no one had a license, how would we be able to tell if they have been properly trained on how to handle and operate a car? Without proper training they would just run over everyone and cause tons of accidents. The license is the only way that we know they’ve been trained. The State has to be able to control who can get in a car and be on the highways with other people by making sure that they are properly trained. Also, without insurance, who would pay for all the damage they could cause if they were involved in an accident? I would certainly want them to be able to pay if they injured me or a member of my family. Without that license and insurance, they would probably be far more likely to kill or seriously injure someone.”

I hate to be the one to break it to the both of you, but, your beliefs on registration, driver’s licensing, and insurance, are not only patently incorrect and totally misplaced, they border on the delusional.

For example, using the ‘expert’s’ logic, simply possessing a fishing license would subject you to a game warden’s jurisdiction for writing you a citation just because you were buying fish at the supermarket and didn’t use some sort of state-mandated baiting scheme. This is akin to the idea that simply because you applied for and received a license to do something, then, you MUST be doing that something ALL the time under the authority of the license regardless of where you actually are or what you are actually doing, like ‘grocery shopping’ instead of ‘fishing,’ with ‘fishing’ being the only thing the license would apply to. Just because you have a license to do something does NOT mean that you ARE doing it or MUST do it simply because you have a license to do so, or that when you are doing something, then that something must be what the licenses applies to. That is simply NOT the case.

Meanwhile, using the ‘uninformed clueless’ logic, we can see that it is a gross and Utopian delusion based entirely on an infinite misunderstanding about every aspect of how the system is designed to work. And both are completely unaware of how well this system truly does precisely what it was designed to do, collect infinite amounts of private personal information and data on everyone, to disseminate volumes of disinformation intended to indoctrinate the public into accepting such Ponzi schemes as a “requirement” for the public safety and welfare, by which it can then be used to defraud the People of literally billions of dollars each and every year. All while also subverting the very foundation of our constitutional principles regarding personal privacy, freedom, and liberty, both to move about the land and to be free from any unreasonable search and seizure and governmental tracking of our every movement.

First, just exactly WHO is responsible for providing all of this alleged ‘training’ that the uninformed clueless is speaking of? A high school gym teacher, a substitute teacher, a willing parent, a friend with a license, a driving school training instructor? Where did any of them get ‘properly trained’ to learn how to control a conveyance if not from the same sort of people in the same sort of places with the same sort of skills and experience? What are their qualifications to actually teach others this skill? And even more to the point, who is going to be there to teach those newbies behind the wheel actual experience, which, in my honest opinion, is the ONLY true teacher of how to travel in a private conveyance upon the roadways in a safe and acceptable manner that best protects everyone.

Well, Mr. and Mrs. Expert and Clueless, you are aware that no such ‘training’ is actually required prior to testing for a “driver’s license,” right? And even more to the point, no actual time or experience behind the wheel is required either. Absolutely NONE. Anyone, and I do mean virtually anyone (yep, even the ‘illegal’ aliens) that goes down to the DPS/DMV licensing office, and then takes and passes both the written “driving” exam and the physical “driving” test, is suddenly and magically somehow competent, proficient, and completely ‘qualified’ and ‘trained’ to get a license, right? In fact, anyone can simply study the DPS/DMV licensing handbook, take the two tests, and if they pass, they are fully ‘qualified’ and ‘trained’ to obtain a “driver’s license” in any State of the union. So, what actual ‘training’ or ‘experience’ are you referring to that the “license” is supposed to magically ensure that everyone has, since passing these two exams are the only real requirements standing between them and getting one?  Thus, the completely false rhetoric that a license is necessary to ensure that the public is ‘safe’ from ‘unqualified’ and ‘untrained’ highway travelers is nothing more than Statist control freak concocted bullshit designed and proffered to a mentally deficient public that thinks their rights come from the generosity of their benevolent elected officials.

How many traffic accidents are there in the USA every year combined? We can’t really be sure since many of them don’t result in fatalities, which seems to be the only reporting data most folks are interested in. But rest assured, whatever the percentage of people who actually die, it will probably pale in comparison to the actual number of accidents that resulted in at least some sort of property damage or injury that didn’t result in death.

http://www.nhtsa.gov/About+NHTSA/Press+Releases/2015/2014-traffic-deaths-drop-but-2015-trending-higher

Now think, of all of those people involved in all of these accidents, especially those individuals that were to be actually blamed for causing them, and tell me just how many of those that were found to be at fault in the accident did or had possessed a valid “driver’s license?”  I mean, if the Expert and the Uninformed Clueless are truly both right, then the possession of a “driver’s license,” whether past or present, is supposed to be some sort of temporary magical talisman guaranteeing that the possessor could never be involved in or cause an accident because the mere possession of the various licenses and sticker permits allegedly would have made them competent, trained, and experienced so as to be invulnerable and protected from having accidents, right?

This Statist libtardian-brain-damage induced pipe-dream of a fantasy appears to be rooted in the age-old Statist belief that “If government made me sign a piece of paper saying that I was receiving a license so that I COULD do something, and I paid the necessary fees for it, then, once I had it in my possession, I would no longer be susceptible to bouts of stupidity, negligence, human error, or intentionally malicious acts using my car. The license would automatically make me completely competent and incapable of making any mistakes in judgment or action that could cause me or anyone else a problem.

Sooooo, what the hell could have possibly happened with a belief like that in place? Apparently, you all seem to think that such accidents are entirely and automatically preventable by the mere application for and receiving of a “driver’s license.” Oh, and heaven help you if you are ever in your car on the highway while having lost track of time as to what month and day it is and BOOM!!, that “license” suddenly expires like Cinderella’s ball gown because you aged one minute too many at the stroke of midnight!
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Do you know who the very first person to put me behind the wheel of an actual car on a heavily trafficked city street was? A slobbering drunk named ‘Jay,’ who was in fact, slobbering drunk at the time. The car was a HUGE old Cadillac. You know, the kind that folks used to refer to as a “land yacht.” The ‘training’ went sort of like this “Puuuht uht inz gurhz. Kupzs it bahtweeenz thurz linzez. Durn’t hits nuthins.” And then his head made a loud THUD!! as it fell against the dashboard glove box. But, not only was I able to decipher that speech in order to actually put its directives into practice, I managed to perform those procedures and maneuvers quite successfully. Except for one moment when, just as another car was coming, I had to cross my first narrow bridge of (allegedly) two lanes, which actually seemed much more like 1-1/2 lanes really.  I actually stopped dead in my lane in the middle of the bridge and tried to look all nonchalant and cool like I did this all the time, at least until they passed me by. That way, I figured, I wouldn’t run the risk of swerving too far one way or the other and bumping into them or the guardrail on that narrow stretch of pavement. Which would have been entirely too easy to do since the steering in that caddy was as sloppy and loose as that of ‘Jay’s’ current condition of sobriety.

After that, I was fairly often behind the wheel of various kinds of cars and trucks. That was the very first and really the only  ‘training’ I ever had on “operating” a “motor vehicle” upon the “highways.” I was thirteen years old. By the time I took driver’s ed at 16, all of this was already old hat to me, and it really did nothing more than provide me with ample opportunity to get out of going to classes and get behind the wheel just so I could chauffeur my coach around to various ballgames and track meets, whether I was participating in them or not. So much for ‘qualifications’ and ‘training.’

Second, how does mere possession of a little piece of plastic make some people more skillful or safer than someone without a similar piece of plastic? Especially when they were both “trained” and provided experience in exactly the same manner by more or less identically skilled people? Furthermore, just how is a little square of plastic supposed to actually ensure a person isn’t prone to sudden attacks of stupidity or negligence, will always observe a particular pattern of behavior, or provide an individual any kind of actual personal protection from anything more intrusive than an insect bite? If those people were really ‘safer’ “drivers” than someone who is without a “license,” then, in reality, there should virtually never be an accident involving a “licensed driver” who could be found at fault versus one that is not “licensed,” correct?

If the acquiring and maintaining of the “license” is supposed to be all about the quality of the alleged “training” provided to the “driver,” on the premise that it allegedly better provides for the public safety and welfare, then why aren’t you required to retest and re-qualify for it every single time before you can renew it?  After all, they make you do that for a concealed handgun license don’t they?  Why not a “driver’s license?” Why exactly is it that you are only required to test for competency to get a “driver’s license” only once, usually when you are a teenager, and then never again, even if you are still renewing your “driver’s license” 80 years later? The answer is far more simple than you imagine. It’s because it isn’t now, and it never was, truly or legally about ANY of those piddling sophistries spoon-fed to us for decades, like that of it being for the benefit of the public’s safety and welfare.

Third, Mr. and Mrs. Expert and Clueless, have you ever tried to actually collect restitution from an insurance company, even when the other person was inarguably and indefensibly at fault in the accident? I can’t speak for how it actually works everywhere else, but in Texas, the laws are specifically written to protect the profits of the insurance company from liability and not you, the injured party. Here, an insurance company is not required to pay a claim first and then dispute it if they can show that there was actually fraud perpetrated by the person making the claim. Instead, they get to presume from the very beginning that everyone, including you, the actual victim of the injury, is actively trying to defraud the insurance company by default by even making a claim. The insurance companies can, and often do, simply refuse to pay absolutely anything at all unless you actually file suit and win. But, even if you do eventually win, your payout will come only after the years-long appeals process has finally run its course and you have managed to remain victorious throughout.

However, if the attorneys and judges aren’t actually lying to all of us about the facts of the law, like they do in every other case, Texas law is actually written so that you cannot directly sue the individual’s insurance company for refusing to pay. You must personally and directly sue ONLY the individual covered by the insurance company, as the company will almost always refuse to settle and pay up regardless of whether or not the individual responsible for your injury actually admits fault and wants to settle the case fairly. Furthermore, when you do actually sue, you cannot even mention that the individual had insurance to begin with. Nor can you get the person you are suing to declare such under oath on the witness stand. In fact, if you do try to obtain testimony of this nature at all, the judge will immediately declare a mistrial. This means that your case will have to start over, and there will also probably be sanctions against you for having gotten such an admission on the record about why you are having to sue in the first place.

This is, of course, meant to make it appear as if you are the one trying to sue and take money directly from the pockets of the other individual that you really shouldn’t be entitled to, rather than to simply get what you are long and rightfully owed by their insurance company. Meanwhile, the insurance company attorney will stand right in your face and tell you straight out, “We prefer to make you sue us in court. The reason being that we will almost always get a better monetary payout result from a jury verdict than we would if we had to actually pay all of the bills up front that our client made us contractually and rightfully responsible for by causing the accident.”

How do I know all of this is true? Because, back in 1994, I experienced this exact scenario firsthand, and the process you have to go through is in no way whatsoever fair and proper in its methodology and dispensation. Despite the cliché’, there really was a little old lady in a large luxury travel van who made a completely unexpected and unforeseeable left turn directly in front of me at an intersection while I had the green light. She waited until I was right at the intersection before she turned, resulting in my hitting her van broadside doing a full 50 miles per hour.

Now, in those days, I had reflexes faster than those of a wild bobcat that had accidentally discovered the wonderful side effects of caffeinated coffee. But even with that advantage going for me, this collision was so quick and unexpected that my car’s tire skid marks were only about 10-20 feet long from the point of engaging the brakes until impact. My medical bills and continued care estimates were going to be over $43,000.00, dental bills from shattered and cracked teeth from where I hit the steering wheel with the side of my face were estimated to run over $7,000.00, and my car was completely totaled. I still have back, knee, and hip joint pain and stiffness from those injuries to this day, having been able to only afford and receive minor medical treatment and the mandatory C.A.T. scans and x-rays that I knew I was going to need even if for no other reason than to prove that her actions did injure me.

After trial (which was over four years later), the jury awarded me a grand total amount of $1,700.00! That is ONE THOUSAND SEVEN HUNDRED Dollars for more than $50,000.00 in medical and dental damages, plus the cost of replacing my totaled car, which I never received one compensatory penny for having lost. All because Texas law is written to force me to sue a 68 year old woman whose husband had died from cancer just two months before trial, even though the lawsuit had actually been filed more than four years earlier. And the scumbag attorney for the insurance company (the one with the “Your [money is] in good hands [and CEO pockets]” catch phrase), refuses to pay my perfectly legitimate medical and dental bills because he knew that the jury would protect his true clients profits as long as they believed that I was trying to actually get the money out of the life savings of a recently widowed old lady rather than her predatory thieving insurance company. And he was absolutely right. Even though the lady admitted through stipulation and testimony on the record in open court that she was completely at fault in the accident, I still had to sue and bring it all to a jury to recover anything at all. All that time and effort spent just to wind up with absolutely nothing but $1,700.00 to show for my efforts and four long and completely frustrating years of back room deals and litigation so I could endure the still ongoing years of pain and suffering sustained from those injuries.

But, what reasonable jury, having never been through something similar to my experience in the matter, wouldn’t find for a recently widowed little old lady defendant when her attorney is allowed to present a case that falsely makes you out to be a profiteering thief trying to defraud her of all her savings by making false claims of damages and injury? Meanwhile, you and your attorneys are never allowed to even mention or hint at the fact that the only reason you sued her at all is because the real client her attorney is working for, her insurance company, was playing the odds that a jury would give them a much lower payout judgment than what they were contractually responsible for.

So, by simply refusing to pay anything at all up front, the insurance company gets an unfair advantage and much better odds of winning and paying substantially less than what is actually fair and just by simply refusing to pay for any of the injuries and damages their insured client caused. Injuries and damages that the client had contracted with them to indemnify her for if and when she was ever the one at fault in an accident. Which was most certainly the case here. The allegedly mandatory insurance indemnification that the legislature purports to require us all to have, supposedly existed to protect ME from HER negligence, so that I or my family wouldn’t suffer financially from all the medical bills and property replacement costs her actions brought upon us. At least, that is how I remember the big public [dis]information campaign presented to the people of Texas as the reason why everyone should be forced to pay for insurance if they were on the highway in a car. I learned the hard way that it was then, and is now, all horse shit. Absolutely putrid and never-ending horse shit.

You might also ask why I didn’t simply file for all of this on my own auto insurance and let the two insurance companies hash it out. That answer is not any better from a compelled insurance argument’s perspective. The accident happened in the late afternoon of the third day after my monthly premium was due, and which had actually already been paid. At the time, my car insurance payments were set up so they were drawn by automatic debit directly from my bank account on the fifth day of each month. That month’s payment was withdrawn on the regularly scheduled date, according to my bank records. However, within an hour of my calling in and reporting the accident to my own insurance provider on that fateful eighth day, three days after my payment had been made for the month, the payment was suddenly refunded into my bank account and my insurance was canceled for allegedly failing to make the payment before the third business day after it was due. Did you follow that? My insurance company, who had already been paid on time and in full, refunded my payment and canceled my coverage as soon as I reported the accident and informed them of who the other person’s insurance company was.

It turns out that the other person’s insurance company always refuses to pay the victim’s claims if they are over some piddling amount for the express purpose of forcing litigation before a jury, where they know damn good and well that they hold a totally unfair advantage that keeps their profits high by keeping their payouts much lower than they would otherwise be by simply paying a completely proper and justified claim. To further add insult to already painful injury, I was told by my attorneys that there was nothing I could do to sue my own insurance company under Texas law, even though they had decided to suddenly cancel my policy without notice and after payment had already been made. And the reason I couldn’t sue them? Because they had 100% refunded the balance of any moneys paid in for that coverage period. Never mind that I was now needing and expecting them to honor the insurance policy that they had been collecting on, because compulsory insurance statutes allegedly state that I must pay for it. Just like the little old lady was allegedly required to pay for it so that I, we, and everyone else, would allegedly be “protected” from unexpected and undeserved financial losses and outlays due to accidents caused by someone else. So I had no choice but to pay somebody, right? And never mind that I had never filed a claim with them, or that I had faithfully and timely maintained my insurance with them for more than two years by that time. It began to seem like I was constantly being informed about how this was simply the way the law worked in these cases. Which again brings me full circle to the same conclusion… it’s all horse shit. Complete and total horse shit.

Of course, we should also consider the other group that primarily benefits financially in a huge way from these types of controversies, and that is the attorneys. These laws were written and put together by attorneys that once worked for the insurance companies and their lobbyist groups. The insurance lobbies put together a “dream team” group of insurance accountants, attorneys, and partisan legislators, who then made their collective dreams of exorbitant profits of both a corporate and private nature into legislative bills and submitted them to be voted upon by all of the other ambulance-chasing and industry whore attorneys acting unconstitutionally within the legislature to line their own pockets at or expense. All of whom work in or at last partly own law firms that would most certainly financially benefit from these laws in some form or fashion before the process of filing and fighting a lawsuit for payment of a rightful claim would be completed. That is the real meaning of ‘special interests’ in politics and legislation.

Through the long-term litigation and payout process in pursuit of large judgments, it is unquestionably in the Bar and attorney’s guild lobbies best interest to keep these laws operating precisely as they are. And doing so is not especially difficult when you realize that the legislature that submits, passes and sustains these laws, and the courts that rule they are all perfectly constitutional and equitable, and the trial attorneys that promise to do all they can to get you a fair settlement (as long as you promise that their cut comes directly off the top before any other expenses are paid), are all [subversively and unconstitutionally] controlled entirely by this very same fraternity of attorneys. Every Bar-card carrying attorney is a dues paying member of this fraternity, and reaps huge financial rewards from how it authorizes them to ‘legally’ manipulate cases and conduct business in this manner. And business is booming a thousand fold compared to how much litigation of this kind was seen in the courts just a few short decades ago.

The legal sorcery hidden in the demonstrably false illusion of protection from financial loss and liability via compulsory insurance is one of the biggest lies in this entire “transportation” scam we are currently being forced to live under. While the insured person who is actually at fault by causing the accident may be somewhat financially protected, the individuals and families trying to be rightfully compensated for their injuries and property damage are the ones that will continue to physically and financially suffer the most, because under current Texas law, it damn sure won’t be the insurance company. And this is true even if the injured persons have a lawyer [allegedly] acting in their best interest, just like I thought I did.

If compulsory insurance schemes were really about financial protection and compensation to those that are harmed by the fault of another, you would think that the law would require the insurance company, once provided with actual verifiable bills for the damages and injuries, to pay those damages first and potentially question later. As to the other areas of such suits, such as pain and suffering, continual care, pain management, etc., that is the stuff can be argued over a protracted trial period. But the costs associated with any actual loss, damages, and injuries should never be up for discussion, debate, or to allow any unnecessary or prolonged delay or refusal to pay. And later, and only if they actually obtain some real evidence that an act of fraud had actually occurred, the insurance company can sue to recover any money lost to fraud and seek to have the fraudster brought up on criminal charges. That is what would actually be in the best interest of the honestly suffering and injured parties. But, we all know that their legislative lobby group is not nearly as big and well-financed as that of the insurance company’s and the legal fraternity that gets rich off of them.

And as to other points of this discussion, such as when it comes to registration of your car, i.e. your private property, you must understand that registering your car is nothing more than getting a “license” for the car to be ‘used’ for commercial purposes, which is not any different than licensing yourself by obtaining a “driver’s license” for the same purpose.

Therefore, if you are not actively engaged in ‘using’ the public roads for the purpose of “transportation,” i.e. commerce, then neither you nor your car are ‘using’ the “licenses” you applied and paid for and presumably possess. Traveling upon the roadways for private business and pleasure is an unalienable right of liberty in the form of locomotion, according to the historical case opinions on the subject. And an individual’s RIGHT to private ‘use’ of the highways for their own personal business and pleasure is not at all the same as the privilege of engaging in commerce upon the roadways by ‘using’ them as a place of business for private profit or gain as a “driver” or “operator” who is “licensed” to engage in “transportation” upon them.

So, none of these various licensing and registration schemes is at all about the public safety and welfare in 95% of cases, because those cases are directed at private individuals to whom those schemes do not and have never applied. But, what they ARE about, and DO do with these various regulatory schemes, is to compile and combine the collected individual private information of all American’s who have fallen for this scheme in order to provide the State and Federal governments with an almost perfect and constant method of controlling and tracking the movements of every individual and their property within our territorial borders.  You doubt me? Well, consider this; hasn’t every state in the union created laws that allegedly make it a CRIME to change your address or other personal details and then NOT update that information in THEIR records relating to these schemes within a specific period of time?  Haven’t almost all of them joined into an unconstitutional “multi-state driver’s license compact” to not only share information about you that is stored and used in conjunction with these schemes between them, but to also cooperatively ensnare you in their little petty thefts through the use of completely unconstitutional Bills of Pains and Penalties in the form of fees, fines, and other forms of legalized extortion? You bet your ass they have and they do!

It is important to understand that the “driver’s licensing” scheme was originally pandered to the public as being intended for application only to those ‘taking’ and ‘using’ public resources, i.e. the highways, for the purpose of generating a personal profit or gain associated with that ‘taking’ and ‘use ’ as a place of business. This ‘extraordinary use’ by increasingly larger and heavier devices of transport, placed excessive wear and tear on the roads and highways rightfully belonging to and paid for from the private personal pockets of the collective public for their private use. Which is what the fees, and even the later-added civil fines, that were associated with the “licensing” scheme were originally meant to compensate the public for. Not to be a profit motive and base for the State Corporation to act in a manner that appears to have unlawfully converted the unalienable right of the people’s liberty into a regulable and taxable legal privilege to be exercised only at the grace and pleasure of government with the added benefit of generation of revenue upon the now bloody back of what was once an unquestioned and undeniable right to locomotion at one’s own whim and of one’s own manner of exercising it, whether by foot, carriage, horseback, oxcart, or automobile.