What follows is not written by an attorney or “BAR” member and should not be construed as legal advice. These statements are informational in nature, and the reader is encouraged to conduct his or her own investigation as appropriate.
“When the people fear the government, there is tyranny. When the government fears the people, there is liberty.”
– Unknown
WHAT ARE RIGHTS?
All “rights” are inherent in the people. These unaLIENable rights come from the Creator (aka the “Sovereign Ruler of the Universe”).
Every person on earth is afforded these rights and no person shall be lawfully deprived of them without “due process”.
WHAT IS “GOVERNMENT”?
In order to preserve and protect their rights, WE THE PEOPLE created a “government”.
The individuals who established this government created a framework by which it would operate called “The Constitution”.
Among other things, the Constitution explains what the purpose of the government is, how it is organized, what powers reside with the various branches and what authority each may exercise.
The Constitution and subsequent amendments also include language which explains some of the individual RIGHTS that the government was established to protect in the first place.
The Constitution is a document that protects the people and restrains the government, which may only exercise powers given to it by the people, for their benefit and on their behalf.
The people can only transfer lawful authority to the government that they already possess. By transferring authority to the government, the people in no way diminish or relinquish any of their rights.
Any action taken by the government in excess of or contradiction to those given it by the people are UNconstitutional.
Any law passed by the legislature that is contradictory to the Constitution is not valid.
The government has no lawful authority to enforce any “law” which is not derived directly from the Constitution or is contradictory to the Constitution.
PRIVATE CONTRACTS
One of the services provided to the people, on their behalf, by the government, is a method by which people may enforce private contracts among themselves.
The contracts that people establish among themselves in order to conduct private affairs are not bound by the same restrictions which restrain the government.
Terms of a valid contract may include terms requiring one or more parties to waive what would in other circumstances be recognized as their rights.
Contracts are only valid if they are agreed to freely by all parties without force, threat, violence, coerceion, duress, etc.
Properly written and lawfully established private contracts between people supercede the Constitution.
JURY NULLIFICATION
A person may not be deprived of his or her rights without “due process”. Especially of note is the right to a trial by jury of one’s peers.
The jury stands as the ultimate “check & balance” against an unlawful government. As all government powers originate with the people, the people retain the final mechanism of approval by way of the jury.
When the government charges a person with a crime, it must present its lawfully obtained evidence in a court, at a trial, overseen by a judge, according to established procedure.
In order for a person to be convicted of a crime and suffer a loss of his or her rights, the jury must unanimously conclude that the government has provided sufficient evidence proving the guilt of the accused “beyond a reasonable doubt”.
The government has no authority to infringe on the rights of a person for violating any statute that is UNconstitutional.
So prior to making a determination as to the guilt of an accused, a jury must first conclude that the statutory violation for which the person stands accused is in accordance with higher legal authority.
Therefore, if even a single member of a jury concludes that the basis of the prosecution is statutorily UNconstitutional, that person has the authority to block a unanimous guilty verdict no matter what the facts of the case should be.
CONCLUSION
WE THE PEOPLE recall that government is an invention of man in an attempt to organize for our own well-being,
WE THE PEOPLE declare all power over the government which exists exclusively to serve our interests and protect our rights,
WE THE PEOPLE declare ourselves to be the lawful origin of all government authority,
WE THE PEOPLE consent only to a government that serves our interests,
WE THE PEOPLE reserve exclusively the authority to choose from among ourselves our own leaders,
and WE THE PEOPLE retain forever the authority to void any act of government that is deemed contrary to THE LAW as stated.