Rights
Versus Privileges
All our rights are ordained by our Creator. As a free people, our
forefathers established both our Federal and State Constitutions and
governments to protect those rights. Government can grant us no
privileges that have been previously endowed as rights by God.
The recent practice of Government grant of privileges can not extend to
rights previously enjoyed. Once we allow government to convert our
rights into privileges, they can impose any requirement on those
"privileges". US 42 Section 666 imposes such a burden on the
"privilege" of driving. Prior to 1970 driving was a right in Maryland.
In fact, the US Supreme Court has never ruled that driving is a
"privilege". Yet it has many times, over the years, ruled that the
"right" to travel is a fundamental right.
Patrick Henry spoke those famous words "Give me Liberty or Give me
Death" in a rousing speech that brought Virginia into the war of
rebellion against England. What is less well known is the incident that
raised his anger to such a heated pitch. While traveling to the
legislature, Patrick Henry passed by a man who was held in the public
stocks. The man had been whipped so severely that his ribs lay exposed.
Henry asked what the man's crime was. He was told that the man was a
preacher that refused to take a license from the state to preach.
No rights can be enjoyed entirely unrestricted. Shouting fire
in a crowded theater or driving, after one has been convicted of drunk
or reckless driving, are actual dangers to the public. Laws
restricting
the "right" to drive for these offenses are examples of proper use of
the state's police powers to regulate right of travel. The danger of
converting these rights to privileges is that the state can deny or
revoke the privilege for any reason that in no way imposes a real
threat to society and can do so without citizen recourse. The state may
also charge whatever fee in exchange for the grant of such privileges,
so that the poor may not enjoy these privileges. The state may also
compel any behavoir from citizens in exchange for such grant of
privilege.
We have just seen an attempt in neighboring Virgina to charge
$1000 fines for various traffic offenses. Which, because of the citizen
out cry, is being rolled back. But the distinction between the right and
privilege is still there and provides the means by which we can
eventually lose our liberties.
The grant of various true privileges by the state, such as the
privilege corporations enjoy of limited liability, carry with them loss
of constitutional and common law rights. Since corporations are not
human and are not endowed with any natural rights, such a state grant
of privlege is reasonable under a state's powers. But what is
unacceptable is the recent government practice of creating a legal
fiction of artifical persons that
stand in place of us humans in courts of law, but have none of our
rights. Yet this legal fiction requires us to be responsable for these
"artificial" entities that bear our name.
For instance, pull out one of your "personal" checks and read the line
on which you sign your name. Believe it or not,
you will find the smallest "fine print" ever used in a binding
contract. Banks are exempt from state laws that were
enacted to prevent deception through use of fine print. In reality the
checking account in your name, that you thought
was your, the human person's, account, is in legal reality an account in
the name of an "artificial" person. This has
great ramifactions when it comes time to take your money from you
without you being afforded common law and Constitutional rights.
You may be suprised to learn that the US governement has established a
trust account for every American at birth. This trust account is such a
legal fiction described above. The US governement has pledged the
assets of these trust accounts as security on the national debt. So in
essense every American is now pledged as a "bond servant" to the
international bankers.
No one enjoys a right to have others support them financially
through welfare, social security or other state sponsored means. This
is instead a state provided privilege. The acceptance of such a
government "privilege" subjects citizens to government control of their
lives. Citizens can not expect to enjoy common law or constitutional
protections when they have unwittingly waived them by accepting a
government privilege. This fact is something that our government has
failed to fully disclose to Americans.
When Citizens are "chewed up by
the system", they feel that their "rights" weren't properly protected.
In most cases these citizens never knew that the legal jurisdiction
they were assenting to was an administrative one and not one that
recognized their common law and Constitutional rights. Under the UCC code, any party that
does not specifically reserve their common law and Constitutional
rights has waived these rights. As your congressman, I will sponsor
legislation that prevents such unknowing waiver of rights from being
enforced. Since this is falls under the states powers this may require
a constitutional ammendment