Download American Presbyterian PRINCIPLES OF

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
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•
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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
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•
•
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
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•
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
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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
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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
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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
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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
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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.