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American Presbyterian Principles of Property Contents: • Part I • Part II • Part III • Part IV • Part V Sovereignty, Property, Authority Immunity & Government (foreign & domestic Texas “Bill of Rights” Art 1 King Texas Lawful Taxation Lawful Education Control Questions: • What is the sole purpose of government? • Are you sovereign? • Is the State of Texas sovereign over you? • Is Texas sovereign over the U.S.? • Can citizens sue Texas? • Can Texas tax your property? • Is the present curriculum in Texas public schools lawful? Part I Sovereignty, Property, Authority, Immunity, & Governments (domestic & foreign) What is Sovereignty? • Sovereignty is the possession of the supreme authority or power in a society or government. • Those that own the property (life, liberty, and estate) are the sovereign. • It is the authority of the superior to make and unmake the inferior. • Therefore it is the power of the people to make and unmake governments. Do the Citizens Keep Sovereignty? • People create lawful governments only by consent for their own benefit and must have sovereignty to do so. • Citizens cannot grant or transfer to government their lives, liberties or possessions (property) even if they wanted. • Citizens therefore retain their individual sovereignty forever. What does government have? • Government can only have the authority • • • delegated to it by the owners of the property. That authority is limited to that which each person holds in themselves. The people cannot delegate to their representatives more authority than they hold in themselves. This is “the law of Delegated Authority” and it severely limits the power of governments. What authority do the People Have? • The people have a God given right and authority to protect their Property (lives, liberties and possessions). • Therefore, they can delegate that authority to their representatives and government. • Governments cannot grant rights but merely acknowledge and protect them. Government can grant privileges • Governments cannot, and do not, grant rights but acknowledge and protect them. • Governments grant privileges and licenses. • Privileges are things that no one has a right to do without government permission. • One cannot tell others they are a physician unless they have gotten permission by schooling and testing to PROTECT THE CITIZENS. The law of “Correlative Rights and Duties.” • If there exists a duty or obligation there exists a correlative Right. • If there is a right there is also a correlative duty. • Because “Thy shall not kill, steal, or lie” thy shall also have a right to defend your life, liberty, possessions and reputation (property). Sole Purpose of Government • The sole purpose of government is to protect the lives, liberties and possessions of each of its citizens. People are Sovereign in and out of government • Therefore, people in a state of nature are sovereign to create government. • Citizens also retain their sovereignty after creating government for their benefit. • Government is their agent and servant to protect their property. What Citizens give up when creating government: • The right to act as their own legislator; • The right to act as their own judge; • The right to act as their own executive What Citizens retain upon creating a government: • The power to bring a lawsuit against their own • • • state when the state harms them as shown in the “Bill of Rights” Article One of 1876 Texas Constitution; The power to bring a suit against their fellow citizens when harmed; The power to act in self defense when social remedy is not available in an attack; All power to act as legislator, judge and executor when cheated out of their right by “barefaced wresting of law” by a judge. Law of Nature • No person should nor has right to invade or harm the life, liberty, health, or possessions (property) of another. • Therefore no government can ever acquire an authority to harm a citizen or anyone else in their property. “Absolute Sovereign Immunity” • Sovereign immunity (or prerogative) is an ancient monarchial concept that viewed the king as owner of all property, including the life, liberty and possessions of all their “subjects” with power to harm them without recourse. • “The King can do no wrong” • The King could not be sued in “his court.” Presbyterians challenge the Monarchs Prerogative • John Knox challenges the • Queen of Scots (15421587). In 1644 Presbyterian Rev. Samuel Rutherford, in his book Lex Rex (law royal or law is king), said Monarchs were made by the people for their own benefit and were bound by their oaths (the law) and Biblically proved it. John Locke rocks the World • John Locke’s First & Second Treatise of Government 1689 • • extends the theory of property to every facet of government. Locke’s father was a Calvinist attorney. Locke adopted & expanded the ideas of Samuel Rutherford on sovereignty in the people limited by what they have in themselves. Algernon Sidney is Beheaded • King Charles II beheads Algernon Sidney in 1683 for placing “sovereignty in the People” in his book, Discourses on Government • printed 10 years later. Sidney becomes martyr for “Glorious Revolution” and Charles II is beheaded proving again that sovereignty is in the people. The Sovereign have no Immunity to delegate • The sovereign people nor the sovereign citizens have authority to harm another. • Therefore they cannot delegate it to governments. • Therefore, governments cannot acquire immunity. Governments are neither sovereign nor immune over Citizens • We have seen that governments are not sovereign over citizens but merely their agents and servants to protect property of citizens. • We now also see that governments are not immune to harm the citizens or anyone else. Government Foreign & Domestic • The Sovereign People have a right to defend their property by forming governments that will accomplish this defense. • These nations representing their citizens are not “sovereign” except in relation to other foreign nations and their citizens. Are Nations Sovereign then? • Nations are like people in a state of nature and each are independent or “sovereign” only in relation to other nations not to their own citizens that create them. • Nations extend to one another’s citizens “immunity” so that foreign citizens cannot sue foreign States and cannot be sued by foreign States. • This is considered mutual respect for each other’s equality among nations. Laws of Nations • These are the same as the laws between people in a state of nature. • They are limited by their independence and equality. • Do not harm the property of foreign nations or their citizens, “the law of torts.” • Do what you say, the “law of contracts.” Part II Texas “Bill of Rights” Art 1 “Bill of Rights” Article One Texas Constitution 1876 • Sec 2 says “all political • power is in the authority of the people for their benefit and they have at all times the right to amend modify or abolish their government.” Sec 13, says all courts will be open for any Texan harmed in person, land, goods, or reputation. • Sec 17 says “State shall • • not take, damage or destroy property w/o payment.” Sec 19 says “No citizen shall be deprived of life, liberty or property w/o due course of law.” Sec 29 says “All of Art 1 shall be excepted out of the powers of government forever” & all laws shall be void that are contrary to Art 1. Part III King Texas Monarchial Common Law & Constitutional Law in Texas • In 1847 the first Supreme Court of the new 2 • • • year old State of Texas ruled that the State of Texas could not be sued without its permission in Hosner v. DeYoung. Ruling was made without a single citation of authority of any kind (statute, common or case law, code, constitutional provision, etc.). Ruling was without legal precedent. Ruling was contrary to the 1836 Republic of Texas Constitution, the 1845 State Constitution, and our present Constitution of 1876 mostly adopted from 1836. Post “Civil War” Texas Constitution of 1876 adopts Hosner v. DeYoung • Art 16 Sec 48 permits the adoption of prior • • existing common law if not repugnant to Constitution. Hosner v. DeYoung (1847) is adopted prior common or case law and foundation for present “presumption of absolute sovereign immunity.” But, Hosner v. DeYoung is repugnant to all the Constitutions (1836 Republic of Texas, New State 1845 and Present Day 1876.) Art 16 Sec 48 • “All laws and parts of laws now in force in the State of Texas, which are not repugnant to the Constitution of the United States, or to this Constitution, shall continue and remain in force as the laws of this State, until they expire by their own limitation or shall be amended or repealed by the Legislature.” Judicial Abrogation of Jurisdiction • The Supreme Court of Texas maintains that the Legislature is the only branch of government that can amend or repeal “absolute sovereign immunity” of the State of Texas as it was adopted common law existing prior to the present 1876 Constitution of Texas as per Art 16 Sec 48. re: Avery vs. GBRA 2005 • “absolute sovereign • immunity” is the condition where one cannot sue the government without its permission. Therefore, ancient monarchial common law came to Texas in Hosner v. DeYoung in 1847 without legal foundation of any kind. Legal Statement of “Presumed Absolute Sovereign Immunity” in Texas • “State presumption of power to intentionally harm, even unto death, the citizen and to take, steal and destroy all property of every kind belonging to the citizen without judicial recourse unless waived by statute (Texas Tort Claims Act of 1969) or congressional resolution obtained by complainant prior to suit.” Texas Tort Claims Act 1969 (TTCA) • Prior to 1969, Texas could not be sued for • • anything by a citizen without permission via congressional resolution. Gov. Preston Smith said it was time to visit the State’s “presumption of absolute sovereign immunity.” He vetoed the complete abrogation of it and signed instead the TTCA which waived immunity in a limited degree. The Waivers and Caps of TTCA • Waived immunity when a • All the above capped by • • • State employee harms with a motorized vehicle. Waives immunity when injury done by defect in State premises. (Slip & Fall) Waives immunity when injury done by defect in equipment. (Malfunctioning thermometer) • maximum claim of $100,000 / person and $300,000 / event. No waiver of immunity for “intentional torts” (intentional wrong doing). Don’t prove they did it on purpose – you’re case will be dismissed for want of Trial court jurisdiction. Codification of the TTCA • The “presumption of • absolute sovereign immunity” in the TTCA was codified in the Texas Civil Practice and Remedy Code (CPRC) mainly Chapters 101-110. Hundreds of cases are dismissed without trial in Texas Courts every year due to the TTCA. • State magnanimous • benevolence allowing citizens to sue it in compliance to the waivers under the TTCA & CPRC. State does not have a scintilla of immunity to waive or assert in any degree in the TTCA or CPRC under Art 1 of the Texas Constitution. Part IV Lawful Taxation Taxation & Property Rights • If all government is formed to protect private property, as we have seen, taxation to maintain that protection cannot threaten the ownership of the property. Sole Purpose of Work • John Locke showed in 1689 that man acquires • • an ownership in things he puts his hand to and that he cannot use things to his benefit without owning those things. Therefore, the sole purpose of work is to remove some things from the “state of nature” that he found them in to put them to his own private use and benefit. This is a God given right granted in Holy Scripture. Art 8 Sec 1e1 Protects Sole Purpose of Work • “No State ad valorem taxes shall be levied upon any property within this State.” Art 7 Sec 3e Violates Art 8 Sec 1e1 • “The Legislature shall be authorized to pass laws for the assessment and collection of taxes in all school districts and for the management and control of the public school or schools of such districts, …., and the Legislature may authorize an additional ad valorem tax to be levied and collected within all school districts for the further maintenance of public free schools, and for the erection and equipment of school buildings therein; provided that a majority of the qualified voters of the district voting at an election to be held for that purpose, shall approve the tax.” Art 8 Sec 1e1 & Art 7 Sec 3e & Art 7 Sec 1: • Texas cannot fund its operations with an Ad Valorem Tax under Art 8 Sec 1e1. • “Free Public Education” is a State operation under Art 7 Sec 1. • The State presently funds its operation of providing “Free Public Education” by getting around Art 8 Sec 1e1 with Art 7 Sec 3e. Constitutional Fundamental Law • Art 8 Sec 1e1 represents the fundamental law • • • reflecting the knowledge of the founders regarding their adoption of Locke’s principles of property rights. Art 7 Sec 3e is in violation of the fundamental premise of private property. Thomas Jefferson said that all American ideas of Human Rights come from John Locke and Algernon Sidney. Art 7 Sec 3e must be declared unconstitutional and unlawful. What can be taxed by State • Tax of privileges or Permission to do certain things for others if one passes state tests demonstrating skill in order to protect property of citizens; • Certain use taxes; • Certain utility taxes. What cannot be Taxed by the State: • The Ownership of Property; • Tax upon the value of property (ad valorem) is • • • an Unconstitutional rent upon the property charged by the State; An ad valorem tax is State seizure of private property; Ad Valorem taxation is statism. As of 1776 Adam Smith said in his Wealth of Nations that the only European Monarchy that taxed the land value was Holland. Part V Lawful Education in Texas Art 7 Sec 1 • “A general diffusion of knowledge being • essential to the preservation of the liberties and rights of the people, it shall be the duty of the Legislature of the State to establish and make suitable provision for the support and maintenance of an efficient system of public free schools.” The essence then of public free schools in Texas is to preserve the liberties and rights of the People. Limits of Lawful Education • Because no one has a right to determine what will be taught to someone else’s children, outside of property rights, no one has authority to delegate curriculum beyond that to the State. • All people need to know the limits of government to protect their liberties and rights, hence, Art 7 Sec 1. Unlawful Expensive Unauthorized “Education” • Football, basketball, gymnastics, track, drama, art, millwork, welding, drafting, shop, auto-mechanics, homemaking, sewing, cooking, sex education, tennis etc., etc to infinity are not essential to the preservation of the liberties and rights of the people. All Children “Left Behind” • The fundamental Principles of Property that preserve the life, liberty and possessions of the people are unknown to modern graduates of public free schools. • The principles are not taught or tested for prior to graduation. • All children are therefore “left behind.” Answers to Control Questions • The sole purpose of government is to protect • • • • • • property. You are always sovereign. No State is sovereign over its citizens. Texas is sovereign in relations to other states and to the U.S. Citizens can sue Texas when harmed by same. Texas cannot impose an ad valorem tax your property! Present curriculum in Texas is unlawful.