I have no hope of being really complete in this effort; in particular, I have a distinct feeling that completeness would force me to generate far more text than anyone would be willing to read. Nonetheless, I will provide a number of the high points.
It is important to realize that a fair amount of what I intend to say here is raw assertion: I believe it, and I have a philosophical position behind it, but I don't feel a grave need to go into deep hermeneutics about it. That doesn't mean that I don't think such defense could be written, much less doesn't exist at all. The issue has to do with how much I'm willing to write here, how far back into the fundamentals of natural rights I'm demanding to be assumed. While I will describe and defend a certain amount of natural rights theory, by no means will I start from square one. The Declaration of Independence similarly asserts without justification the concept of "unalienable rights," spending not one sentence in defense of its validity ("We hold these truths to be self-evident...").
This entire work will be done outline-style, highlighting and emphasizing the significant issues to me, where we have gone wrong, and what can be done to correct it, and why.
We must define what government is, where it belongs, and, more importantly to myself, where it does not belong. I hold a libertarian-leaning viewpoint on this matter; however, I am a long way from a "Libertarian" (capital L).
Government is force. And force is dangerous.
That's enough on that subject for now; more later.
As little as possible: Unnecessary use of force breaks things.
Government should exercise functions in those areas where men cannot
operate well on their own and for themselves. Thus, government is
useful in the creation of road systems, in defining where a road
should be laid, and how it should be constructed. Government proper
does not build the road, of course, but arranges for its construction.
Typically, either taxes from the general population or user fees from
travelers finance the construction of roads.
Government should not get in the way.
That is a simpler statement than it turns out to be in practice.
Fundamentally, men have unalienable rights. Their plain existence is
by natural right. Their continued, unmolested existence is also by
natural right -- no one, and especially no government, has the power
to limit a man's existence, until and unless he has abused some other
in a manner which naturally and implicitly results in loss of rights:
A voluntary choice, by having abused another's rights, to give away
exactly such rights of one's own. To this end, we empower government
to act on behalf of all men, to punish the abuser, to make concrete
that loss of rights: So we execute the murderer, we force restitution
to the robbery victim, and (in some societies) we castrate the rapist.
(Quiz question: Why don't Americans do any of these any more?)
This also means that government should not intrude unnecessarily into
the day-to-day lives of men. When there is genuine need to intrude,
it should be to balance conflicting, multiple needs. Unnecessary
intrusion is unnecessary use of force, causing things to break.
This is the beginning of trouble: Government intrudes in the belief
that it knows better how to do certain things than the men whose lives
are affected by what government does. This betrays a grave
inconsistency: Men operating as agents of government are still just
men. There is no reason to expect that men who have aspired to
governmental power and force are any more intelligent, more aware,
more facile in managing the lives of men, than men who have not
aspired to such power. Reasonable men will disagree; but men as
agents of government have the coercive force of that government behind
them, and are capable of intruding in ways that men operating alone
cannot. Again, intrusion is breakage, and conflict begins when
government force is used inappropriately to compel men to do things
they do not wish to do.
One must be wary of these men who aspire to positions of governmental
power. There is something fundamentally different, and
dangerous, about a man who believes that his rightful place in
society is a position of authority over many others who are otherwise
like himself -- as opposed to the ordinary man who merely wants to
live a quiet life, raise a family, and work a career. Such aspiring
men must be contained, restricted, boxed in, and reminded as a matter
of routine that they are in such positions on the grace and permission
of those over whom they wish to lord their position.
Government is a living thing, with needs and desires, beyond and
independent of those of the individuals making it up. Particularly,
it seems to me, government wants to feed and it wants to grow. The
only way for a government to continue to feed more and to grow larger
over a fixed territory is to tax ever more heavily, and to require
ever more stringent demands on the people in how they live. To
function properly as the agent of Us The People, government needs
regular pruning, just as an orchard grower or vineyard keeper trims
back his plants. We have lost the pruning function entirely, if we
ever had it in the first place.
The proof of this in day-to-day life is left as an exercise.
These have absolutely no order one could discern; they are not all
specifically government-related, but they do all in fact have bearing
on government. Some are obvious; others will require quite some
thought. (Yes, the quotation from my father is relevant. Think about
it, a long while.) The sources of some of these quotes are sometimes
personal, sometimes literary, sometimes downright silly: The honor
given the source has positively no bearing on the relevance of the
quotations.
Good quotations:
Bad quotations:
Jefferson, Lincoln, and Mao were entirely correct. If all else fails,
their assertions are the final answer. It's a bad answer, but
it is still the only answer.
Here we are: We have asserted the chain of command of government, and
the purpose of government, in the most general of terms.
So why does it seem that government is the master now?
Some will tell you that the Supremacy Clause of the Constitution makes
them so. This is nonsense. It is so laughable an idea that I can't
be bothered to defend a rigorous refutation. It is a plain fact: Men
defined states; states' delegates created the Union; the Constitution
defining the powers of that Union includes an amendment which
explicitly reserves all unspecified powers to those earlier, higher
points in the chain of command.
Nonetheless, it is certainly the case that the federal government has
become the master. Notably, the government will approach individuals
in a coercive fashion and demand that they pay confiscatory taxes,
adhere to federal law in areas that are flagrantly outside the powers
of the Constitution (unless one is inclined to take seriously the
ridiculous abuses of the Commerce Clause, which are so far out of
reason that the Supreme Court has recently asked, in hearing the
Gun-Free School Zones case, exactly what is forbidden to Congress if
the Justice Dept's overly-expansive view of the Commerce Clause is
correct -- the United States Solicitor General had no answer), and
respect an ever-increasing number of heavily-armed "police forces."
The treaty which ended the Revolutionary War in 1783, in Article 1,
contains the admission by "His Brittanic Majesty" that the States are
"free sovereign and independent states" and that he "relinquishes all
claims" to everything about them. Thereafter, it delineates the
physical borders, provides some mechanics by which to repatriate
people who've found themselves on the wrong side of those borders, and
several other things along the way.
So...if the treaty acknowledges (note that it did not grant)
the sovereignty of the states...Who owned them?
We The People did, of course. We became the owners of the places we
inhabited. This was essentially the beginning of the creation of the
chain of command, and following the treaty, governments in these
states were set up on the basis of constitutions. People gave their
consent, not to be owned by a new government, but to create new
governments subject to themselves. This is where the phrase
"sovereigns without subjects" came from -- individually, everyone in
the now-free states was sovereign, and delegated authority to a new
government.
We The People are sovereign around here. In Britain, Her Majesty has
subjects. We don't.
So we have created a government. Legitimately, we expect that
government will accomplish certain goals for us. The accomplishment
of goals invariably has associated costs. How do we finance it all?
Taxes, of course. The questions which arise are: [1] What kind of
taxes? [2] How legitimate? and [3] Against whom are they levied?
Our Constitution defines two flavors of taxation, direct and indirect.
Specifically, in Constitution 1:2:3, direct taxation "by
apportionment" is mentioned, and in 1:8:1, we have the definition of
what are called "indirect taxes," being "duties, imposts and excises."
Apportioned direct taxes are those which are levied on the states.
Note well that they are not levied on the people: "[D]irect
taxes shall be apportioned among the several States..." This means
that, if the federal government needs funds for some purpose, it must
divvy up the collection of those funds by taxing the States in
proportion to the census of each State. That is, if the federal
government wants $1 billion, and if Pennsylvania contains 8% of the
total population of all of the States, then Pennsylvania must cought
up $80 million to the federal coffers.
Indirect taxes are those which are levied upon goods, notably. This
is how we fund highways, for example, via the "indirect tax" on
gasoline.
We now have a governmental system based on agency action which have
the effect of force of law. The origin of this is plainly from the
presidency of FDR, when the Supreme Court knuckled under (or,
depending on your point of view, bowed down to) threats to pack the
court unless FDR's need/desire for agency operation was accepted.
Thousands of unelected petty bureaucrats can create (what amounts to)
law when they have no actual authority to do so.
This bureaucratic infrastructure that has been inflicted upon us is
horrendous. It is wrong, both legally and morally. Here's a quiz:
Albert opens a business. Albert hires Betty to work for him. In
turn, and with the approval of Albert, Betty hires Charles to work for
her.
Question: At what point does Charles become Albert's boss?
Answer: When Albert lets him.
We The People (A) created the governmental system of the sovereign
states which make up the Union (assorted Bs). These Bs went off to
create the federal government (C), because certain things were
seriously inconvenient for the Bs to do individually on their own. It
is objectively obvious that this was the manner and order of creation
of these governmental systems.
For C to have arrived at a point where he lords his position over the
rightful creators, A, is deeply offensive.
So I want my unalienable rights back. I want to cancel the implied
contracts by which I have given over control of myself, my life, my
children, the value of my labor, and reclaim them all for myself.
How does one do that? How does one even know what one is looking for?
It's arguable that, the situation having become so complex, one can
never know everything that one has lost. I know that I, myself, am
routinely finding new and amazing (and horrible) ways in which
government has laid claim to bits and pieces of myself. So one is
left with finding the pieces as one runs across them, and dealing with
them one at a time. The achievement of one success leads to
confidence in one's ability to succeed the next time -- and so on.
The "how" is sometimes tough...and then one finds that it's easier
than one might expect. Essentially, one has to learn what it is
that's been lost, who took it, and how they claimed it, and then
demonstrate that this was improper from the word Go.
In particular, there is a great deal of background and theory to the
idea of "implied contracts." When you sign your name to some
government document, you are actually willingly accepting
participation in a contract offered to you by the government. The
kicker is that the full terms of the contract have not been disclosed
to you. For example, you are probably not aware of the fact that, by
signing your Forms 1040 every April 15th, you are agreeing to be
considered to be, in effect, a resident of the District of Columbia,
and to be an employee of the federal government.
This is what is known formally as "constructive fraud." Specifically,
it is the "sin of omission" in not having disclosed full terms of the
contract. This is deeply nasty, of course. Fortunately, it is also
shockingly simple to take care of: In any of its forms, fraud is
always justification for cancellation of the contract under which the
fraud occurred. So the short answer to recovering rights lost to such
implied contracts is: Cancel the contracts by revoking your signature
on them. Thereby, you step out of the contracts and recover
everything lost. There is no recourse to the government in having
done so. They can, of course, offer you other contracts, to do it to
you again...but you then become wary of signing government documents
since you recognize the implied contractual nature of them, and you
step lightly over them.
We need to know what has been lost to these implied contracts.
Consider what birth certificates are, for example. Lately, a lot of
states have birth certificates which no longer specify a "name";
instead, they specify a "subject." Look up "subject" in a dictionary:
It means one who owes fealty to a sovereign. But this is backwards:
We are the sovereigns in the first place. By signing a birth
certificate, parents are handing over their children as subjects to
the government which accepted the certificate.
Fortunately (again), the idea of constructive fraud is applicable,
and, as an adult no longer under one's parents' command, one can
revoke the signature of one's regents at birth (one's parents),
thereby revoking the entire birth certificate.
Revocation of birth certificates is probably not something to be done
first -- it's comparatively drastic for a lot of reasons. So what
other things have been lost? What lost rights exist which would be
less traumatic to recover?
There is quite a selection. The right to travel freely, for example:
Driver's licenses were originally instituted as a means of control of
commercial activity, not a mechanism for Joe Average. As such,
your driver's license is not applicable outside your use of vehicles
in the pursuit of your occupation. (Do you drive a delivery truck?
You need a license...while working. Otherwise, you don't.) It is possible to revoke one's
driver's license on the basis of constructive fraud, and yet continue
to drive. Similar thoughts apply to vehicle registration: By what
legal fiction did your state gain an interest in your car? Why is a
title issued for it? It's a piece of property, which (if you didn't
finance it, or have paid off the loan) is entirely your own -- why
does the state have any interest in it? Answer: They don't. You can
revoke your vehicle registrations.
But there's an even better spot from which to start working, and it
hits rather closer to home anyway. It's a relatively easy first
target, because the body of law and experience behind it is so large,
and becoming so well-known, that the attack is clear and the results
are very predictable: Income taxation.
I've discussed tax theory at some length above, and for good reason:
It's my first target, and it's a good one, exactly because the
materials with which to work are plentiful and good.
Under my
ftp area, you will find a number of excellent starter resources.
Notably, The Federal Zone is there in its electronically
distributable form, as well as some extensive materials on the nature
of implied contracts and a few other random bits and pieces. (I
haven't read them all yet myself, by the way. I can't vouch for their
stature personally. However, I use TFZ extensively.)
(NOTE: I have made grievous errors in leaving CMU to join
Lycos: My archive area was lost and has yet to be reconstituted
anywhere. Fortunately, the single most important piece of those
archives was TFZ, which you can find
here.
One must be willing to become something of a student of the law in
these matters. You will need to learn to navigate a law library. You
will need a decent legal dictionary. ("Decent" is a difficult
adjective. I have a Black's Sixth Edition at home. However, there
are problems with Black's Fifth and later, due
to gratuitous changes.) You will need to learn to read the flowery
prose of Supreme Court decisions, and you will need to find other
people with whom to work. It is not easy. But the rewards,
especially for this target, are extremely tangible: One can get one's
rightfully-owned compensation for the personally-owned labor of one's
hands back. It is even possible to demand payback of all
previously-paid taxes using Form 1040X.
Having picked this target, one must begin to "take shots" at it. I
mentioned this previously, but it bears a second address: It is
possible to approach the target, namely the IRS, in a combative
fashion right from the start. One can start right off the bat with
assertions of one's place in the sovereignty, the inapplicability of
the tax code to oneself, any number of entirely true but still quite
rude statements. It is possible that one would get the same results
that I did. But if one starts aggressively, one should expect to see
a strong defensive reaction. Defensive reactions from large,
well-funded, armed governmental organizations are bound to
be...distasteful.
On the other hand, such a start betrays exactly that haughtiness which
one must try to avoid, at least in the early stages. Eventually, the
goal is indeed to assert the invalidity of the IRS' demands upon
oneself, and so ultimately one will have to make some assertions that
IRS officials won't like. But one is better off getting there slowly
and lightly. And even at the end, one must always portray oneself as
a reasonable man, demonstrating proper use of the legal mechanisms
available, and never showing outright disrespect or dishonor for the
target.
What happens when you start doing things like this?
One would like to think that, having learned the true state of
unalienable rights, the appropriate government agencies would respond
by agreeing to the plain truth set before them.
One might also wish for Utopia in a day.
What one finds is that, first, the IRS would like to ignore these
sorts of things. If the IRS gets a letter from someone claiming their
rights, and the IRS just does nothing about it, perhaps the person
will give up.
Naturally, one cannot permit that to happen. For myself, I sent one
letter which, in a friendly, inquisitive, tell-me-what-you-think
sort of way, asked some important questions of status and
jurisdiction, asking how the IRS views both itself and myself. I got
no response. So I sent a second letter, still quite friendly (on its
face), asking the same questions a second time but insisting on
response and threatening, ever so carefully, that specific legal
solutions are available to me if they don't answer me.
I did in fact get one letter in response. And a real mess it was --
see the correspondence actually sent.
It is entirely possible that the abysmal state of this letter was a
calculated attempt on the part of the IRS to re-assert their bogus
claims upon myself: They mis-addressed it, trying to treat myself as
someone other than I am; they tried to dodge the issue entirely by
asserting their preferred conclusion of my status; they tried to pass
off the entire question to an improper office. As important as any of
this, they tried to make it appear that I was causing trouble, by
referring me to the "Problem Resolution Office," when in fact it is
clear that I had merely asked tough questions.
Lastly, of course, they ultimately failed to respond at all. They
tried to specify a new deadline for their own response...and missed it
entirely. I still haven't received any response. I didn't agree to
their handling of the matter in any way, I called them to the carpet
on it, and in effect, they acquiesced to me in that failure to
respond. It is important that I have asserted the legal doctrine of
estoppel, because it means that I know my rights, I know their
obligations as a government agency, and I have placed them on formal,
legally-binding notice that I am not to be bothered about these issues
again.
Upon completing that, I will also be doing a few other things: Cancellation of my social security number. (I'm 34; do you seriously expect that social security will survive fiscally until I hit 65 or 70? If so, please share that exceptionally potent stash you've got.) Revocation of my driver's license and registration. Acquisition of "allodial title" on my house. Revocation of birth certificate. Revocation of voter registration. (Yes, I'm going to revoke my voter registration. This pains me no end, but please examine a registration form, and observe that it asks you to assert that you are a "United States citizen" rather than a citizen of the state where you reside.)
It's a sometimes-scary proposition, going to all this effort to reclaim my liberty. But the end result is important, desirable, and critical to placing myself in proper relation to the government which wants, literally, to own me.