-Caveat Lector-

------- Forwarded Message Follows -------
Date sent:              29 Sep 1999 06:09:10 -0000
To:                     List Member <[EMAIL PROTECTED]>
From:                   "Privacy Concerns" <[EMAIL PROTECTED]>
Subject:                Individual Liberties

Privacy Concerns -
http://www.angelfire.com/biz/privacyconcerns/index.html

To All Concerned With Individual Liberties,

 It should be clear by now that one waives their Constitutional
"Protections" whenever they "voluntarily" utilize government
services for
"Privileges" or "Benefits" in which participation IS NOT mandatory
under
government's Constitutionally granted authority.  This pretty much
explains how government can operate in areas OUTSIDE of its
Constitutional
authority.  There is nothing Unconstitutional about offering you a
program
which you may opt NOT to participate in.

 This also partly explains the income tax issue.  If having a SSN is NOT
mandatory, but voluntary, (Leaving the issue of disclosure aside for now)
then the mere existence of a SSN in your name is evidence of your
agreement to accept the "Privileges" and "Benefits" associated with this
elective program.  Having "volunteered" to participate, you become
obligated to abide by every rule and regulation promulgated by the
involved agencies, i.e. SSA & IRS.  (Don't you suppose that this is how
the IRS can maintain that filing an income tax return is "Voluntary"?)
More importantly, because you are participating "voluntarily" in a NON
Mandatory program, there is no obligation on the agencies part to provide
you with any Constitutional "Protections".  You will find these legal
concepts firmly etched in the LAW when you look in the right places!

 The real problem facing us is that the legal profession has been trained
almost exclusively in administrative law which is 99.9999% of the law that
is practiced today.  The Constitution is NOT "Dead","Dormant", "Asleep",
or anything else.  It is simply a "tool" that is not being used because no
one has the instruction manual anymore.  What better way to eliminate the
most troublesome freedom document the world has ever known; just don't
show anyone in Law School how to use it while telling your students that
there is no money in Constitutional Law.

Find us an open-minded attorney with an interest in personal liberties and
a desire to set things right, and we can obsolete groups like the NRA
whose officers have apparently fallen victim to the same human frailties
that are plaguing the entire "Patriot" Movement (or more accurately, Lack
of Movement).  It seems that many Publishers who, with good intentions
worked hard to create an "Informative" product, have settled into the
comfort of a "Revenue Stream" from a "Marketable" product and have
forgotten why they got into the Patriot battle to begin with. These
publishers seem to closed-mindedly and steadfastly protect their false or
incomplete notions because the truth will obsolete their products and
their low effort existence.  I call this "The Entity Syndrome".  It occurs
whenever a group of people comes together for a purpose and grows to
become a large unwieldy "Organization".  Like all entities or life forms,
its purpose becomes SURVIVAL and it forgets the original founders purpose
(especially when the organization has employees making six digit incomes.)
 Just like the old adage, "When you're up to your ass in alligators, its
hard to remember your original purpose was to drain the swamp."

 The problem with big organizations is exacerbated by that basic side of
human nature that wants to survive by expending the least amount of
energy.  Thus, the officers settle into the comfort of the organization's
revenue stream instead of solving the problem as the organization's
entrepreneurial founder would have done!!!  It is much easier to argue
about why you are right than it is to go out and do the work required to
rethink, research, and regain a correct conclusion that will actually
solve the problem and MOVE the Movement in a "Forward" direction!!!

 While this is an op-ed of sorts, we are dead serious about possessing the
understanding of the FUNDAMENTALS OF LAW that can actually solve the
Constitutionally based problems that are Dividing those concerned with
"Personal Liberties" instead of Uniting them.  We also do not want to
create any more martyrs than the movement already has created.  No one has
to go to jail or lose all of their property, fighting from an unwinable
position.  But, be aware, this battle can not be fought on a one-on-one
personal basis.  The Constitutional "Cases and Controversies" are there,
just waiting, and believe it or not, so are the Courts. "Waiting for
what?" you ask.  Consider this quotation from the Courts concerning the
"Function of the People" in our system of government.

 "It is not the function of our Government to keep the citizen from
falling into error; it is the function of the citizen to keep the
government from falling into error." American Communications Association
v. Douds, 339 U.S. 382, 442. (1950)

 Did you understand what they were telling us?  It is not the job of the
Executive, Legislative, or Judicial Branches to police themselves.  In
fact, one of the established "Doctrines" in law is that the Legislative
Branch is given the benefit of the doubt by the courts who ASSUME the
Legislative Branch's actions are appropriate.  It is not the JOB of the
courts to tell us what is wrong with anything the government does!!!  It
is OUR JOB to QUESTION what the government does by bringing the proper
CASE or CONTROVERSY to the PROPER COURT. This is how the restoration of
our personal liberties will be accomplished.

 Unfortunately, because of the situation regarding the training of today's
attorneys, as mentioned above, most attorneys do not know how to bring a
proper CASE or CONTROVERSY before a proper JUDICIAL Court.

Taking the income tax issue as an example; if you or your attorney have
been arguing Constitutional issues in front of the Tax Court, you are
properly told "We don't talk about the Constitution here."  Remember what
we said above about the SSN being the government's proof that
you have
"voluntarily" agreed to participate in the WHOLE SS program for
"optional"
"Benefits" or "Privileges".  Now, you are subject to all of their rules
and regulations and, because of this voluntary nature, there is no
Constitutional umbrella protecting you from the government's whim
as
enforced under their Agency's rules and regulations.  The problem
is the
same for your "Right to Travel" which has been converted into a
"Licensed"
"Privilege" and is now subject to all the rules and regulations
adopted by
the enforcing agency.

 I can assure you that the real managers of our government are
more than
happy to see a disjointed, confused, and conflicted Movement of
"Patriots"
arguing "a" point here and "a" point there in their morass of rules
and
regulations than they would be to see this Movement zero in on
"THE"
points as defined under our Constitution.  (What if we told you that
the
second Amendment isn't even the best way to solve the whole gun
control
issue?)

 The bottom line is, every time you "voluntarily" sign your name to
some
government form that provides you with "Benefits" or "Privileges"
that you
can not be forced to accept, you have just waived
your"Constitutional
Protections" and have agreed to obey every rule or regulation
created by
the administrative agency in authority.  Yes, I know you didn't know
that
you were waiving anything, and they have made it near impossible
to
function in society without waiving your protections, but those are
are
just more "a" point issues to add to the list!  The REAL POINT here
is
that it is YOU that must take ACTION by taking exception to the
inappropriate actions of government by bringing a PROPER CASE
to the
PROPER COURT so that Court may address a PROPER
CONTROVERSY.

 Only when the "Patriot" Community understands some of these
basic "THE"
point "FUNDAMENTALS OF LAW" will we be able to stuff the
government GENIE
back into its Constitutional Lamp using the world's most powerful
freedom
document; the (still viable) Constitution For the United States of
America.

Richard F. Jark
CFOR, Constitutionalist Friends Of Rights
Legal Research for the Restoration of Personal Liberties
552 Bellflower Blvd. Ste 207
Long Beach, CA 90814
(562) 597-5092
[EMAIL PROTECTED]

Please feel free to pass this message on to anyone you believe to
be
interested in restoring our personal liberties as long as the above
contact information is included.
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Privacy Concerns is a free public service of D. A. H. Investigative
Consultants, a Cincinnati based private investigation firm. E-mail:
[EMAIL PROTECTED] or toll free, 888-249-2404. Visit our site at,
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Oxymoron: Respectable Lawyer.

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