Are you looking for Solutions for America in Distress

You are in the right place to find out about what is really going on behind the scenes in the patriot movement in America, including solutions from Oathkeepers, Anna Von Reitz, Constitutional Sheriffs, Richard Mack, and many more people who are leading the charge to restore America to freedom and peace. Please search on the right for over 10,360 articles.
You will find some conflicting views from some of these authors. You will also find that all the authors are deeply concerned about the future of America. WHAT THEY WRITE IS THEIR OWN OPINION, just as what I write is my own.


Showing posts with label contract law. Show all posts
Showing posts with label contract law. Show all posts

Thursday, October 10, 2013

U.S. Supreme Court says No License Necessary To Drive Automobile On Public Highways/Streets

If this is all true, just think of how much more we have been deceived about in law for the purpose of collecting our money to use for immorality and evil.
It's one thing to tax us for the roads. It's something else entirely to substitute our rights for government granted privileges, then charge fees for those so called privileges. Licensed privileges are NOT rights. See some links below this article for my comments on this and related subjects. You will see a big picture as to how they have twisted the laws to do this to us. People will only be pushed so far, and that point is being reached at breakneck speed these days.
I wonder when people will have had enough. I wonder when the "enforcers" of tyranny will realize they took an oath to the Constitution before God, and stop their tyranny? Will it be only when they are forced to do so?  God Forbid!
We have agents of this fraud going around the country fleecing the people under fraud, threat, duress, coercion, and intimidation, sometimes at the point of a gun, to take their hard earned cash and to make the elite rich beyond belief, while forcing good law abiding people to lose their livelihood, and soon to steal their very bank accounts to prop up the big banks once again.
I fear we don't have much longer to wait for a total breakdown of society, and a crash of the currency. How about some comments on this?
Just click the comments link below. 
Paul

Posted: 08 Oct 2013 04:18 PM PDT
Please prove this wrong if you think it is, with cites from cases as the author has done below.


U.S. Supreme Court says No License Necessary To Drive Automobile On Public Highways/Streets No License Is Necessary Copy and Share Freely


U.S. Supreme Court says No License Necessary
To Drive Automobile On Public Highways/Streets
No License Is Necessary Copy and Share Freely

YHVH.name 1 1 U.S. SUPREME COURT AND OTHER HIGH COURT CITATIONS PROVING THAT NO LICENSE IS NECESSARY FOR NORMAL USE OF AN AUTOMOBILE ON COMMON WAYS
"The right of a citizen to travel upon the public highways and to transport his property thereon, by horsedrawn carriage, wagon, or automobile, is not a mere privilege which may be permitted or prohibited at will, but a common right which he has under his right to life, liberty and the pursuit of happiness. Under this constitutional guaranty one may, therefore, under normal conditions, travel at his inclination along the public highways or in public places, and while conducting himself in an orderly and decent manner, neither interfering with nor disturbing another's rights, he will be protected, not only in his person, but in his safe conduct." Thompson v.Smith, 154 SE 579, 11 American Jurisprudence, Constitutional Law, section 329, page 1135
"The right of the Citizen to travel upon the public highways and to transport his property thereon, in the ordinary course of life and business, is a common right which he has under the right to enjoy life and liberty, to acquire and possess property, and to pursue happiness and safety. It includes the right, in so doing, to use the ordinary and usual conveyances of the day, and under the existing modes of travel, includes the right to drive a horse drawn carriage or wagon thereon or to operate an automobile thereon, for the usual and ordinary purpose of life and business." -Thompson vs. Smith, supra.; Teche Lines vs. Danforth, Miss., 12 S.2d 784
"… the right of the citizen to drive on a public street with freedom from police interference… is a fundamental constitutional right" -White, 97 Cal.App.3d.141, 158 Cal.Rptr. 562, 566-67 (1979)
 “citizens have a right to drive upon the public streets of the District of Columbia or any other city absent a constitutionally sound reason for limiting their access.” Caneisha Mills v. D.C. 2009
“The use of the automobile as a necessary adjunct to the earning of a livelihood in modern life requires us in the interest of realism to conclude that the RIGHT to use an automobile on the public highways partakes of the nature of a liberty within the meaning of the Constitutional guarantees. . .” Berberian v. Lussier (1958) 139 A2d 869, 872, See also: Schecter v. Killingsworth, 380 P.2d 136, 140; 93 Ariz. 273 (1963).
“The right to operate a motor vehicle [an automobile] upon the public streets and highways is not a mere privilege. It is a right of liberty, the enjoyment of which is protected by the guarantees of the federal and state constitutions.” Adams v. City of Pocatello, 416 P.2d 46, 48; 91 Idaho 99 (1966).
 “A traveler has an equal right to employ an automobile as a means of transportation and to occupy the public highways with other vehicles in common use.” Campbell v. Walker, 78 Atl. 601, 603, 2 Boyce (Del.) 41.
 “The owner of an automobile has the same right as the owner of other vehicles to use the highway,* * * A traveler on foot has the same right to the use of the public highways as an automobile or any other vehicle.” Simeone v. Lindsay, 65 Atl. 778, 779; Hannigan v. Wright, 63 Atl. 234, 236.
"The RIGHT of the citizen to DRIVE on the public street with freedom from police interference, unless he is engaged in suspicious conduct associated in some manner with criminality is a FUNDAMENTAL CONSTITUTIONAL RIGHT which must be protected by the courts." People v. Horton 14 Cal. App. 3rd 667 (1971)
 “The right to make use of an automobile as a vehicle of travel long the highways of the state, is no longer an open question. The owners thereof have the same rights in the roads and streets as the drivers of horses or those riding a bicycle or traveling in some other vehicle.” House v. Cramer, 112 N.W. 3; 134 Iowa 374; Farnsworth v. Tampa Electric Co. 57 So. 233, 237, 62 Fla. 166.
 “The automobile may be used with safety to others users of the highway, and in its proper use upon the highways there is an equal right with the users of other vehicles properly upon the highways. The law recognizes such right of use upon general principles. Brinkman v Pacholike, 84 N.E. 762, 764, 41 Ind. App. 662, 666.
 “The law does not denounce motor carriages, as such, on public ways. They have an equal right with other vehicles in common use to occupy the streets and roads. It is improper to say that the driver of the horse has rights in the roads superior to the driver of the automobile. Both have the right to use the easement.” Indiana Springs Co. v. Brown, 165 Ind. 465, 468.
 “A highway is a public way open and free to any one who has occasion to pass along it on foot or with any kind of vehicle.” Schlesinger v. City of Atlanta, 129 S.E. 861, 867, 161 Ga. 148, 159; Holland v. Shackelford, 137 S.E. 2d 298, 304, 220 Ga. 104; Stavola v. Palmer, 73 A.2d 831, 838, 136 Conn. 670
“There can be no question of the right of automobile owners to occupy and use the public streets of cities, or highways in the rural districts.” Liebrecht v. Crandall, 126 N.W. 69, 110 Minn. 454, 456
"The word ‘automobile’ connotes a pleasure vehicle designed for the transportation of persons on highways." -American Mutual Liability Ins. Co., vs. Chaput, 60 A.2d 118, 120; 95 NH 200 Motor Vehicle: 18 USC Part 1 Chapter 2 section 31 definitions:"
(6) Motor vehicle. - The term "motor vehicle" means every description of carriage or other contrivance propelled or drawn by mechanical power and used for commercial purposes on the highways…"
10) The term "used for commercial purposes" means the carriage of persons or property for any fare, fee, rate, charge or other consideration, or directly or indirectly in connection with any business, or other undertaking intended for profit. "A motor vehicle or automobile for hire is a motor vehicle, other than an automobile stage, used for the transportation of persons for which remuneration is received." -International Motor Transit Co. vs. Seattle, 251 P. 120
The term ‘motor vehicle’ is different and broader than the word ‘automobile.’" -City of Dayton vs. DeBrosse, 23 NE.2d 647, 650; 62 Ohio App. 232
"Thus self-driven vehicles are classified according to the use to which they are put rather than according to the means by which they are propelled" - Ex Parte Hoffert, 148 NW 20
"The Supreme Court, in Arthur v. Morgan, 112 U.S. 495, 5 S.Ct. 241, 28 L.Ed. 825, held that carriages were properly classified as household effects, and we see no reason that automobiles should not be similarly disposed of.
" Hillhouse v United States, 152 F. 163, 164 (2nd Cir. 1907). "...a citizen has the right to travel upon the public highways and to transport his property thereon...
" State vs. Johnson, 243 P. 1073; Cummins vs. Homes, 155 P. 171; Packard vs. Banton, 44 S.Ct. 256; Hadfield vs. Lundin, 98 Wash 516, Willis vs. Buck, 263 P. l 982; Barney vs. Board of Railroad Commissioners, 17 P.2d 82 "The use of the highways for the purpose of travel and transportation is not a mere privilege, but a common and fundamental Right of which the public and the individual cannot be rightfully deprived." Chicago Motor Coach vs. Chicago, 169 NE 22; Ligare vs. Chicago, 28 NE 934; Boon vs. Clark, 214 SSW 607; 25 Am.Jur. (1st) Highways Sect.163 "the right of the Citizen to travel upon the highway and to transport his property thereon in the ordinary course of life and business… is the usual and ordinary right of the Citizen, a right common to all." - Ex Parte Dickey, (Dickey vs. Davis), 85 SE 781 “Every Citizen has an unalienable RIGHT to make use of the public highways of the state; every Citizen has full freedom to travel from place to place in the enjoyment of life and liberty.” People v. Nothaus, 147 Colo. 210. "No State government entity has the power to allow or deny passage on the highways, byways, nor waterways... transporting his vehicles and personal property for either recreation or business, but by being subject only to local regulation i.e., safety, caution, traffic lights, speed limits, etc. Travel is not a privilege requiring licensing, vehicle registration, or forced insurances." Chicago Coach Co. v. City of Chicago, 337 Ill. 200, 169 N.E. 22. "Traffic infractions are not a crime." People v. Battle "Persons faced with an unconstitutional licensing law which purports to require a license as a prerequisite to exercise of right... may ignore the law and engage with impunity in exercise of such right." Shuttlesworth v. Birmingham 394 U.S. 147 (1969). U.S. Supreme Court says No License Necessary To Drive Automobile On Public Highways/Streets No License Is Necessary Copy and Share Freely YHVH.name 3 "The word 'operator' shall not include any person who solely transports his own property and who transports no persons or property for hire or compensation." Statutes at Large California Chapter 412 p.83 "Highways are for the use of the traveling public, and all have the right to use them in a reasonable and proper manner; the use thereof is an inalienable right of every citizen." Escobedo v. State 35 C2d 870 in 8 Cal Jur 3d p.27 “RIGHT -- A legal RIGHT, a constitutional RIGHT means a RIGHT protected by the law, by the constitution, but government does not create the idea of RIGHT or original RIGHTS; it acknowledges them. . . “ Bouvier's Law Dictionary, 1914, p. 2961. “Those who have the right to do something cannot be licensed for what they already have right to do as such license would be meaningless.” City of Chicago v Collins 51 NE 907, 910. “A license means leave to do a thing which the licensor could prevent.” Blatz Brewing Co. v. Collins, 160 P.2d 37, 39; 69 Cal. A. 2d 639. “The object of a license is to confer a right or power, which does not exist without it.” Payne v. Massey (19__) 196 SW 2nd 493, 145 Tex 273. “The court makes it clear that a license relates to qualifications to engage in profession, business, trade or calling; thus, when merely traveling without compensation or profit, outside of business enterprise or adventure with the corporate state, no license is required of the natural individual traveling for personal business, pleasure and transportation.” Wingfield v. Fielder 2d Ca. 3d 213 (1972). “If [state] officials construe a vague statute unconstitutionally, the citizen may take them at their word, and act on the assumption that the statute is void.” - Shuttlesworth v. Birmingham 394 U.S. 147 (1969). "With regard particularly to the U.S. Constitution, it is elementary that a Right secured or protected by that document cannot be overthrown or impaired by any state police authority." Donnolly vs. Union Sewer Pipe Co., 184 US 540; Lafarier vs. Grand Trunk R.R. Co., 24 A. 848; O'Neil vs. Providence Amusement Co., 108 A. 887. "The right to travel (called the right of free ingress to other states, and egress from them) is so fundamental that it appears in the Articles of Confederation, which governed our society before the Constitution." (Paul v. Virginia). "[T]he right to travel freely from State to State ... is a right broadly assertable against private interference as well as governmental action. Like the right of association, it is a virtually unconditional personal right, guaranteed by the Constitution to us all." (U.S. Supreme Court, Shapiro v. Thompson). EDGERTON, Chief Judge: “Iron curtains have no place in a free world. ..'Undoubtedly the right of locomotion, the right to remove from one place to another according to inclination, is an attribute of personal liberty, and the right, ordinarily, of free transit from or through the territory of any State is a right secured by the Constitution.' Williams v. Fears, 179 U.S. 270, 274, 21 S.Ct. 128, 45 L.Ed. 186. “Our nation has thrived on the principle that, outside areas of plainly harmful conduct, every American is left to shape his own life as he thinks best, do what he pleases, go where he pleases.” Id., at 197. Kent vs. Dulles see Vestal, Freedom of Movement, 41 Iowa L.Rev. 6, 13—14. “The validity of restrictions on the freedom of movement of particular individuals, both substantively and procedurally, is precisely the sort of matter that is the peculiar domain of the courts.” Comment, 61 Yale L.J. at page 187. “a person detained for an investigatory stop can be questioned but is “not obliged to answer, answers may not be compelled, and refusal to answer furnishes no basis for an arrest.”Justice White, Hiibel “Automobiles have the right to use the highways of the State on an equal footing with other vehicles.” Cumberland Telephone. & Telegraph Co. v Yeiser 141 Kentucy 15. “Each citizen has the absolute right to choose for himself the mode of conveyance he desires, whether it be by wagon or carriage, by horse, motor or electric car, or by bicycle, or astride of a horse, subject to the sole condition that he will observe all those requirements that are known as the law of the road.” Swift v City of Topeka, 43 U.S. Supreme Court says No License Necessary To Drive Automobile On Public Highways/Streets No License Is Necessary Copy and Share Freely YHVH.name 4 Kansas 671, 674. The Supreme Court said in U.S. v Mersky (1960) 361 U.S. 431: An administrative regulation, of course, is not a "statute." A traveler on foot has the same right to use of the public highway as an automobile or any other vehicle. Cecchi v. Lindsay, 75 Atl. 376, 377, 1 Boyce (Del.) 185. Automotive vehicles are lawful means of conveyance and have equal rights upon the streets with horses and carriages. Chicago Coach Co. v. City of Chicago, 337 Ill. 200, 205; See also: Christy v. Elliot, 216 Ill. 31; Ward v. Meredith, 202 Ill. 66; Shinkle v. McCullough, 116 Ky. 960; Butler v. Cabe, 116 Ark. 26, 28-29. …automobiles are lawful vehicles and have equal rights on the highways with horses and carriages. Daily v. Maxwell, 133 S.W. 351, 354. Matson v. Dawson, 178 N.W. 2d 588, 591. A farmer has the same right to the use of the highways of the state, whether on foot or in a motor vehicle, as any other citizen. Draffin v. Massey, 92 S.E.2d 38, 42. Persons may lawfully ride in automobiles, as they may lawfully ride on bicycles. Doherty v. Ayer, 83 N.E. 677, 197 Mass. 241, 246; Molway v. City of Chicago, 88 N.E. 485, 486, 239 Ill. 486; Smiley v. East St. Louis Ry. Co., 100 N.E. 157, 158. "A soldier's personal automobile is part of his ‘household goods[.]’ U.S. v Bomar, C.A.5(Tex.), 8 F.3d 226, 235" 19A Words and Phrases - Permanent Edition (West) pocket part 94. "[I]t is a jury question whether ... an automobile ... is a motor vehicle[.]" United States v Johnson, 718 F.2d 1317, 1324 (5th Cir. 1983). Other right to use an automobile cases: - EDWARDS VS. CALIFORNIA, 314 U.S. 160 - TWINING VS NEW JERSEY, 211 U.S. 78 - WILLIAMS VS. FEARS, 179 U.S. 270, AT 274 - CRANDALL VS. NEVADA, 6 WALL. 35, AT 43-44 - THE PASSENGER CASES, 7 HOWARD 287, AT 492 - U.S. VS. GUEST, 383 U.S. 745, AT 757-758 (1966) - GRIFFIN VS. BRECKENRIDGE, 403 U.S. 88, AT 105-106 (1971) - CALIFANO VS. TORRES, 435 U.S. 1, AT 4, note 6 - SHAPIRO VS. THOMPSON, 394 U.S. 618 (1969) - CALIFANO VS. AZNAVORIAN, 439 U.S. 170, AT 176 (1978) Look the above citations up in American Jurisprudence. Some citations may be paraphrased.








Wednesday, June 19, 2013

How fraudulent contracts have brought American down.

----- Original Message -----
From: Bill Baker 
Sent: Monday, June 17, 2013 6:17 AM
Subject: Elkhart Sheriff Upholds Constitution

A few week ago Elkhart Sheriff Rogers appeared at a public meeting in South Bend, Indiana along with our Congresswoman Jackie Walorski and stated that he would not enforce any gun confiscation laws.  That statement brought forth a lot of negative comments in the People's Forum of the Elkhart Truth newspaper along would some very good articles by supporters of his position.  The absolute ignorance of many of the negative comments prompted me to write a letter to the People's Forum and it was printed June 16, 2013.
My article is printed below. Bill
    
Over the past month there have been a number of views express in the People's Forum both pro and con about Sheriff Rogers defending the US Constitution by refusing to enforce clearly unconstitutional gun laws.  I am really disturbed by the absolute ignorance displayed by the number of opinions that oppose Sheriff's position.
The biggest concern of our founding fathers was an all powerful federal government.  That's why the 2nd and 14th Amendments were added to the constitution.  They are there to protect the rights of the people. Today the federal government is becoming exactly what the founding fathers feared.
The 2nd amendment clearly states that the right of the people to keep and bear arms shall not be infringed.  What part of the word infringed do these critics not understand.  Look up infringed in the dictionary.  Governments at all levels have passed laws infringing our rights concerning gun laws.  All of them clearly unconstitutional and would be so declared if it were not for a politiczed and corrupt court system at all levels. 
The 14th Amendment clearly states that "No State shall make or enforce any law which shall abridge the privileges or immunities of the citizens of the United States."  This amendment is also violated on a regular basis by our state governments.
We should all be thankful that we have a Sheriff that takes seriously his oath of office.  I wish those other elected officials we elect to office and courts would do the same.
Bill Baker

To: Bill Baker
Sent: Monday, June 17, 2013 8:24 AM
Subject: Re: Elkhart Sheriff Upholds Constitution

The problem is that we can not have privileges and immunities at the same time as having rights.
Either we are 14th amendment citizens with privileges and immunities granted by government, OR we are sovereigns who wrote (ordained and established) the
constitution FOR GOVERNMENT TO FOLLOW, which guards our God Given RIGHTS (which are not privileges and immunities granted by government).
Of course the people who wrote against the sheriff don't get that, and probably most of the people who wrote for him don't get it either.
That is why the corrupt courts don't allow constitutional arguments on behalf of 14th amendment citizens. They have no standing, because they gave up their
rights in trade for privileges and immunities, although not voluntarily mostly. The courts argue that once you take part in their system you have volunteered.
But before God, that was all done with fraud, deception, threat, duress, coercion, and intimidation, therefore those so called "contracts" are all null and void,
and entirely without force and effect in God's eyes, and there will definitely be a war over that at some point.  These corrupt leftists, including judges, have their mind made up they will own the whole world, and if they can't own it, they will burn it to the ground.
Paul

From: Paul Lewis  
Sent: Wednesday, June 19, 2013 10:11 AM
Subject: Re: Elkhart Sheriff Upholds Constitution

Well said, my friend. 

Those privileges and immunities are also called "civil rights" which come from Roman civil law. The 14th amendment and the civil rights were created to give the blacks privileges and immunities after the civil war. They were not considered state citizens so they were made U.S. government property citizens.

All the fuss over the years about "equal" civil rights the we hear from government has been not to give the black rights equal to whites but rather to make the rights of the whites equal to those of the blacks; nothing more than privileges and immunities.

Clearly their so-called contracts are fraudulent. I now believe that they are only a portion of the problem; sort of a diversion if you will. They appear to be the problem but underlying them is, I believe, the real crux of the problem. Virtually every document people fill out and complete, to vote, to buy a gun, to buy insurance, to open a bank account, to get a job, etc etc asks a question; Are you a U.S. citizen? 

We voluntarily claim that status and that status is what puts people into their jurisdiction. We voluntarily claim it but it is because we define it geographically while they define it politically. The difference is tremendous and disastrous. 

I am of the opinion, based on my research, that everything goes back to that status; income taxes and all of it. The U.S. was always foreign to the states so claiming U.S. citizenship changes nationality to a foreign jurisdiction rather than the nationality of birth, ie the state of birth. The 14th amendment brought jurisdication of the federal government into the states because U.S. citizens are "subject to their jurisdiction" and are "their" or "its" people.
neo

Neo:
You are correct in your conclusion about our volunteering, but it usually is unknowingly. They have deliberately hidden parts of every contract we "volunteer" into,
and that my friend is fraud, and makes the contract "unilateral".  At law, a unilateral contract is always null and void. Fraudulent contracts that attempt to hide
the provisions of the contract itself are always null and void. But added to that is the fact that most of these so called contracts are pushed on the people with some kind of deception, and usually threat of prosecution or confiscation, which is coercion and intimidation at it's worst.
That additional evil force is justification for almost any retaliation on the part of the people in their own defense, as it usually removes their very means to their own livelihood or their own life itself in some cases.  God is not mocked forever, and he keeps perfect records of every one of these evil actions against the people.
Like I said, at some point there is going to be a war over these issues. Many people now believe that all this was done unlawfully, even though there was the appearance of legislation, because it was done OUTSIDE the supreme law. One great example is the so called "income tax" or 16th amendment, which was never ratified. See http://www.paulstramer.net/2013/05/red-beckman-speaks-4.html
If, in fact it was never a law, how much does THAT one scream to high heaven for vengeance?
Then there is the big lie that Obama was eligible to be a president, and we haven't touched the 17th Amendment, the 14th Amendment (who actually voted for it) and the 13th Amendment.
There is a lot wrong with our country, and one of the worst problems is that many judges KNOW ALL THIS and perpetuate it day after day, and never are any of them ever brought to justice for their crimes. 
My fear is that sooner or later, before we can get a handle on all this, they are going to persecute someone who is not as level headed as you and I, and that person is going to erupt into horrible violence, which will be used by the left to start the martial law war against the people.
I hope and pray we can stop all this with education and a renewal of the principles in Dr. Edwin Vieira's book "The Sword and Sovereignty" before that happens.
But I am slowly losing the conviction that it can be stopped short of a complete and utter collapse, and extreme suffering.
God have Mercy on us.
Paul Stramer  KC7MEZ
Eureka Montana

Get "The Sword and Sovereignty" here:
http://www.amazon.com/The-Sword-Sovereignty-Constitutional-Principles/dp/0967175941/ref=sr_1_1?ie=UTF8&qid=1371669607&sr=8-1&keywords=the+sword+and+sovereignty

I agree completely. If there was ever truly hope of changing things and resolving the issues peacefully, I suspect they are slipping away from us rapidly now. Back about 3 years ago my suspicions were that it would not be resolved without much bloodshed and loss of life. Like you I have tried to inform and educate all I could because I saw knowledge and truth as our last and best hope of curbing a violent outbreak.

There are too many instances of abusive behavior being exhibited by authorities around the country and, as you say, sooner or later there will one incident too many or in the wrong place at the wrong time. God help us when it comes unglued.
neo