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Written by Lee Brobst
lee.eagleeye.brobst@gmail.com
May 1, 2009
ARE YOU SUBJECT TO- Part V ©
Article Index
Part ll
Part III
Part IV
Part V
Part 5 of 5
If you have any doubts as to what you have read, let me refer you to
FUNDAMENTALS OF LEGAL RESEARCH by Ervin H. Pollack Professor of Law
and Librarian, Ohio State University. (copy attached).
The United States Code is arranged in 50 Titles. Said Code is the current
compilation of federal laws that is a combined editorial product of a Congressional
Committee and the West Publishing Co., a corporation. It’s very upsetting to see
people put in prison and have their property stolen from them based upon an
editorial product of a committee and a corporation. This is the cold harsh reality of
debt under Article IV Sec. 3. cl.2, but it is only prima facie19 evidence of the law
rebuttable by the United States Statutes at Large and Statutes Annotated, or
Revised Statutes. Take note that 48 Stat 113 (HJR 192) can only be prima facie
evidence of law because there is no enacting clause as found in the National
Coinage Act, therefore rebuttable by the National Coinage Act of April 2, 1792 at
Statute I United States Statutes at Large Chap. XVI Section I that contains the
words, “Be it enacted by the Senate and House of Representatives of the United
States of America in Congress Assembled, and it is hereby enacted and declared,
. . .”20
Now go back to p. 20 Vol. 53 Part I United States Statutes at Large, there is no
enacting clause by the House and Senate of United States of America in Congress
Assembled. Proof income taxes are 100% voluntary. Chap. 4 Gift taxes Sec. 1000
Imposition of Tax Sec. (b) reads in part: “but in the case of a non-resident not a
citizen of the United States shall apply to a transfer only if the property is situated
within the United States”, i.e., debt res or strawman. [underline emphasis added]
See Title 26 USC Sec. 7203 of the code states “any person required to file or
make a return.” It doesn’t say everybody is required. Title 26 USC Sec 2502(d)
also states that when a gift is made (charitable subscription debt
acknowledgement) the gift tax liability falls upon the donor.
But then the IRS Code is only prima facie evidence of liability. If you have no
public debt res as “other property” as the term is used in Art. IV Sec. 3. cl.2 in the
United States, you are primarily a citizen of “the state” wherein you are domiciled.
Secondarily you are a United States citizen. The term resident comes from the
word res that pertain to insolvency or debt as stated on pp 16-17 supra. The facts
and the law are very clear beyond any doubt that the taxing system is 100%
voluntary. To pass a fair tax, flat tax, national sales tax or whatever you choose to
call it, will be based upon repeal of the 16th amendment. The repeal will create a
mandatory additional tax which there will be no escaping the liability for those who
are not subject to Title 15 USC Chap. 41 Sec. 1602, (c), (d), (e) and Title 12 USC
95(a).
This author has been asked many times, what is my opinion of the New World
Order?
CORPORATIONS, QUASI CORPORATIONS, MARXISM, AND
HEGELIAN DIALECTICS
The people are confronted with two very troubling issues that are fast coming to a
head.
No. 1. The mega national corporations are in the process of setting up a one world
corporate monolith under corporate communism. Corporations enjoy two distinct
privileges, limited liability for the privilege of discharging debt, i.e., corporations are
not responsible for their debts should they fail, and perpetual succession, i.e., they
live forever unless the government revokes their charter.
Likewise, public policy of the unincorporated association has agreed not to
demand payment as per HJR 192 and Title 15 USC Chap. 41 Sec. 1602 (c), (d),
(e). In other words, the association enjoys limited liability for the discharge of debt
and perpetual succession, i.e., will live forever unless the government revokes HJR
192.
No. 2. Hegelian dialectics has turned into Marxist materialism. You cannot have a
problem in reality then treat that problem with another problem that mirror images
(in the spirit of) the real problem that is never solved and not expect a collision of
the two sometime down the road. A perfect example is the mortgage collapse.
Problem. Not everybody has a nice home. Solution. Not everybody is entitled to
have a nice home. They simply do not have the skills to support the purchase of
that home. That is the reality of life. But in the “spirit of” everybody having a nice
home the banks, and lending institutions created another problem by financing
homes that should not have been financed in the first place. Now the ripple comes
into effect and starts to collapse the whole real estate base. But it does not stop
there.
The next shoe to drop will be those insane in the spirit of retirement plans that
pays people the same amount or near same amount when retired as when they
were working. This is particularly true of government employees, where 25% of
the mandates are non-funded. In the world of reality those retirement plans do not
exist. The real estate market was the pillars that upheld those retirement accounts
along with pharmacy and oil investment accounts. Of course, the main ingredient
to all this is GREED. As Alan Greenspan noted at a Congressional hearing: We
should treat a fiat money system as though it was anchored in gold. The people
and the government haven’t taken Greenspan’s advice, now we are going to suffer
the consequences.
There is no better example of greed than the article that appeared in the Saturday
June 28, 2008 issue of the TIMES HERALD, PORT HURON, Michigan newspaper
at page 6A, titled, “You May Be One of the Oil Speculators’” by Matthew Perrone
of the Associated Press. The article goes on to say that large investors such as
pension funds, investment bank, mutual funds and private hedge funds are using
the commodity markets in oil to evade the failing value of the dollar. There has
been $139 billion funneled into energy commodities by the end of March 2008.
Rep.Bart Stupak D-Mich. Heads the Oversight and Investigations Committee of
Energy and Commerce said: “Your pension fund manager may be using your
retirement money to drive up the price of oil”.
Sen. Joe Lieberman I- Conn. Proposed banning pension funds and other large
investors from commodities altogether. He dropped the idea after vigorous
opposition by the association of public and private pension funds.
There you have it, another association raising havoc and mayhem all in the name
of profit under limited liability.
As noted above in this document, it is the absolute duty of Congress to protect
and defend the Constitution to the United States of America and that includes
Article I Section 10, Article IV section 3 cl.1; and the common law of “the states (s)”
as evidenced by the gold in Fort Knox, Kentucky.
Regarding the gold, as it stands today, the public could not return to our public
National “Standard” lawful money because of many factors. One of the factors is
the use of illegal drugs. It wouldn’t be long before our public gold and silver would
end up in the hands of drug lords in the United States and foreign countries.
Those drug lords would become even more powerful and destroy the economic
base of United States, not to mention the grounded substance of the common law
of “the states” that in reality are still there.
Corporations are “persons” but not citizens with a charter from the secretary of
state’s office, therefore have access to Article III courts.
Whereas, the people of the unincorporated association are citizens and “persons”
that have no charter and no legal identity,21 thus classified as “other property” or
fictitious persons. Said “persons” only have access to legislative courts governed
by a committee and a corporation of compelled performance to a culture of Marxist
materialism. The Marxist government is designed to replace the male as head of
the nuclear led family unit worshiping a God with its morality in body mind and soul;
into a sectarian society of unidentifiable fatherhood worshiping the god of
materialism produced by the corporations. Corporations do not live in a state of
reality. You cannot see them, or touch them. All you see is a sign that has the
name of the corporation on it, or see its property. It truly exists in the “spirit of”
world of make believe.
The masses of asses then divide into outspoken splinter groups that are not
grounded in reality, but feminism with their insane and lunatic ideas that are
composed of their illusions of the way they think things are, or the way they think
things should be, guilt, prejudices, bias, and hate for the Constitution and how to
control other people with their brand of lunacy and insanity. Their stupid identity is
shown with the blame game accusing something or somebody for their own
problems, then expects that something or somebody to solve those problems.
There are those who build homes in flood plain areas, when they get flooded out,
get the taxpayers to bail them out. Then add insult to injury by rebuilding on the
same flood plane to be flooded out again at taxpayers’ expense. In the world of
reality you don’t build in flood plain areas, and if you do, you’re on your own, that
is reality; but in the spirit of the law that is ok because somebody else is
responsible for those who got flooded out. That’s an example of the insanity and
lunacy of public policy and limited liability for the discharge of debt that creates a
quasi corporate privilege. People then complain of not getting the justice they
think they deserve.
Their better ideas are heavily steeped in what eventuality lead to pure corporate
communism untouchable by any government. The fact that we are a nation of laws
and not of men is damned. Their motto is “If it feels good, do it.” Even commit
murder and take illegal drugs to escape what they think is reality when in fact, they
are trying to escape public policies unincorporated association that is run by
insane lunatics and fanatics.
The rails are already greased in order to accomplish such lunacy and insanity by
the creation of alphabet soup agencies, bureaucrats, and environmental
extremists that draw up the association’s rules and regulations. Those rules and
regulations are used to control the individual and the association to the exclusion
of you,22 as a individual having access to Article III courts. As long as the
individual remains a volunteer as a 14th amendment citizen “person” your only
recourse to the federal court system is Congress’ legislative territorial courts under
Article I. Said courts created under Article IV Section 3 cl.2 of the U.S. Constitution
The more debt we create, the more watered down the Bill of Rights become, then
eventually disappear completely. The recent 5 to 4 decision by the U.S. Supreme
Court on the 2nd Amendment proved that four justices were willing, at the stroke of
a pen, abolish the 2nd Amendment. What amendment is next?
The first 10 Amendments were designed to protect the absolute property rights of
the individual while engaged in Interstate Commerce from government intervention
upon that individual protected by Swift v. Tysen 16 Peters 1 The problem is there
is nothing to prevent a judge or judges from taking judicial notice of public policies
bankruptcy and the individual as being a fictitious person. In other words, you do
not exist in reality under the letter and strict meaning to the Constitution and Bill of
Rights but; reside as a res-a-dent in the spirit and true meaning of the Constitution
and Bill of Rights.
In the real world of years past when somebody died, the term used was that he or
she died, i.e., a physical death. Today in the world of make believe of privileges
and immunities it is said we pass on, to where? the cemetery that has what?
Perpetual care, i.e., in the spirit of, we never die.
IT IS THE HEGELIAN/MARXIST DIALECTICS THAT IS THE DRIVING FORCE
BEHIND THE RETIREMENT PROGRAMS, BOTH PUBLIC AND PRIVATE THAT ARE
HEAVILY STEEPED IN PHARMACEUTICAL AND OIL STOCKS. THIS IS WHY THE
GOVERNMENT SUPPRESSES CHEAP ENERGY AND ALTERNATIVE MEDICINE.
DIALECTICS IS WHY MOST GOVERNMENT, AND A LOT OF PRIVATE
PROGRAMS ARE A DISMAL FAILURE. THOSE PROGRAMS ARE DESIGNED TO
TREAT SYMPTOMS AND NOT CAUSES WHICH KEEPS EXPANDING THE PUBLIC
TRUST; OTHERWISE IT WILL COLLAPSE.
"If ye love wealth better than liberty, the tranquility of servitude better than the
animating contact of freedom … go home from us in peace We ask not your
counsels of arms … crouch down and lick the hands that feed you … May your
chains set lightly upon you … May posterity forget that ye are our countryman." -
Samuel Adams, 1722-1803.
"If a nation values anything more than freedom, it will lose its freedom; and the
irony of it is that if it is comfort or money that it values more, it will lose that too."
Somerset Maugham English Novelist and Playwright, 1874-1965.
From Dictionary of the History of Ideas Vol. I, 1973 on Democracy. Alex De
Tocqueville a French Politician and Statesman, 5 Volumes 1805-1859
The tyranny of public opinion, Tocqueville argued, could prove more burdensome
than the tyranny of any monarch. New values would predominate in a democratic
society; the desire for riches would take the place of the desire for glory; there
would be few totally uninstructed men but few learned ones. The prejudices,
passions, and interests of the multitude would always have great weight, and this
would generally militate against the type of political careers possible in more
Aristocratic" societies. Government would not attract great talent, precisely
because the interest in equality would make any kind of superiority irksome. Men
of wealth would be preoccupied with their own affairs and not with those of the
state. Democracy does not guarantee efficient government; it does provide
freedom for the pursuit of one's own interest, subject always to the tyranny that
comes from the majority insisting that its values and ideas should be safeguarded.
Democratic societies have a taste for easy success and present enjoyment; this is
their strength and their weakness.
Equality, Tocqueville insisted, tends to isolate men to cause them to concentrate
on themselves only; it gives them an inordinate desire for material goods and
comfort. For him, the liberal French aristocrat, the important question for the future
was how to avoid the new kind of despotism that might be based upon popular
opinion, with the state's power being “absolute, minute, regular, provident, and
mild." Tocqueville saw the new state power as rather like that of the parent, except
that the parent prepared the child for manhood; the democratic state was
interested in perpetuating childhood in man. It would provide for his necessities,
facilitate his pleasures, and direct his industry. What remains, Tocqueville asked,
but to spare them all the care of thinking and all the trouble of living?”
1. You cannot bring about prosperity by discouraging thrift.
2. You cannot help small men by tearing down big men.
3. You cannot strengthen the weak by weakening the strong.
4. You cannot lift the wage earner by pulling down the wage payer.
5. You cannot help the poor man by destroying the rich.
6. You cannot keep out of trouble by spending more than your income.
7. You cannot further the brotherhood of man by exciting class hatred.
8. You cannot establish security on borrowed money.
9. You cannot build character and courage by taking away men's initiative and
independence.
10. You cannot help men permanently by doing for them what they could and
should do for themselves.
First printed in 1916 by Reverend William John Henry Boetcker from Erie Pa. Born
1873.
PLATOISM. The philosophical position which says that universal truths existed as
ideal substances before creation, exterior to creation, and that there is nothing of
these truths in nature except as they reflect the universal, Hellenic proto-Lockeism,
maintaining that humans are of no value except as blank tablets to be writ upon by
others, and so echoed in Marxian dialectic and the theory of compulsory
consumption of the wares promoted by an elite. Environmentalism. Pygmalionsim,
Socialism.
Aristotelanism. Fundamentally, the philosophical doctrine that knowledge of
universals (such as ‘good’, ‘man’, ‘truth’) and of all reality arises and is discovered
out of individuals. The opposite of Platonism. Postulates personal appreciation.
Please do not make a religious argument of the above. I’m trying to give you the
correct perspective based upon facts surrounding the law. It has been my belief
for years that the Bible is a history book of the law but could not come to that
conclusion until I discovered what our Constitution is all about.
The choice of law is up to you. If you find the above disturbing, trash it.
ONE THING IS FOR CERTAIN IN THIS WORLD, YOU ARE GOING TO GET WITH
WHAT YOU ARE WILLING TO PUT UP WITH.
I do not want people to make a religious argument out of the above. I am merely
trying to show that the Bible is what I believe, based upon facts presented, to be a
history book of the law. Religion is a personal issue within oneself and has no
place in the letter of the law. Today’s public policy is an unincorporated
association that is not considered a legal entity under the common law. If public
policy was grounded in the letter of the law, we would not have every bodies
religion mixed in today’s public policy with its spirit of the law.
I have folks studying my materials who are very religious people and they have
told me that my materials make their religious beliefs even stronger in that they
look within themselves instead of looking outward to something or somebody.
Remember, we are a nation of laws, not of men. We must keep it that way.
©
Lee Brobst
eagleeye@pennswoods.net This e-mail address is being protected from
spambots. You need JavaScript enabled to view it
19 At first glance, rebuttable by other evidence. Black’s Law Dict. 5th ed.
20 The Pa Judicial Code is only prima facie evidence of the law if there is no
enacting clause.
The Constitution of the Commonwealth of Pennsylvania enables the General
Assembly to enact only certain public statutes and specifies how these statutes
are to come about: Pennsylvania is enforcing federalism through the bankruptcy
subject to the following and for the more perfect satisfaction of the public, the
reasons and motives for making such laws shall be fully and clearly expressed in
the preambles. (Section the Fifteenth.) :
The stile of laws of this commonwealth shall be, “Be it enacted, and it is hereby
enacted by the representatives of the freemen of the commonwealth of
Pennsylvania in general assembly met, and by the authority of the same." How
many laws conform to the above mandates? How can Pennsylvania circumvent
the above and the National Coinage Act of April 2, 1792 at Statute I United States
Statutes at Large Chap. XVI Section I. “Be it enacted by the Senate and House of
Representatives of the United States of America in Congress Assembled, and it is
hereby enacted and declared, . . .” See also Sec. 14 and 16 of said Act. [Italics
in original] and, Article I Section 10 in order to implement federalism. But then it is
easier to complain than do something about it.
21 An unincorporated society; a body of persons united and acting together
without a charter, but upon the methods and forms used by incorporated bodies
for the prosecution of some common enterprise. Clark v. Grand Lodge of
Brotherhood of Railroad Trainmen, 328 Mo. 1084, 43 S.W.2d 404, 408. It is not a
legal entity separate from the persons who compose it. See also Affiliation.
22 Please take note that the book titled THE LAW by Bastist pertains to Article IV
Sec. 3 cl.1 to the Constitution of United States. Bastist’s book does not deal with
an unincorporated society with special privileges and immunities such as limited
liability and perpetual succession as does Article IV Sec. 3 cl.2 of the U.S.
Constitution
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