- De Oppreso Liber-  

The Difference Between Rights & Privileges

What do you call someone who bullys and engages in otherwise coercive behavior that threatens you and/or your rights?   What do you call someone who forces you to forefit or waive your rights?  What do you call someone who threatens you to create a legal disability that they can benefit from?  



I have sworn upon the altar of God, eternal hostility against every form of tyranny over the mind of man.
Thomas Jefferson

"With reasonable men I will reason; with humane men I will plead; but with tyrants, I will give no quarter, nor waste arguments where they will certainly be lost."
William Lloyd Garrison

In this country there are two types of “rights”, those rights secured by both State and federal constitutions which are endowed by man’s Creator, the others are man made and commonly known as privileges.  Man or government made privileges are usually taxed and are inferior to rights endowed by nature's God.

"Moreover, a "distinction must be observed between the regulation of an activity which may be engaged in as a matter of right and one carried on by government sufferance or permission."
Packard v Banton, 264 US 140, 145.

The rights endowed by God require no license to posess or use and are not taxed, the rights created by man do.

"A permit, granted by an appropriate governmental body, generally for consideration, to a person, firm, or a corporation, to pursue some occupation or to carry on some business which is subject to regulation under the police power."
Rosenblatt v California State Bd. of Pharmacy, 158 P. 2d 199, 203.

The term "license" implies a divestiture of right or title, by the licensee, to the property which is subject to the "license."  A "license" is a mere revokable "privilege" to do An act (or series of acts) upon land, and excludes the right or Title thereto.
Eastman v Piper, 229 P. 1002, 1003;
Gravelly Ford Canal Co. v Pope and Talbot Land Co., 178 P. 155, 163;
Howes v Barmon, 81 P. 48, 49, Rodefer v Pittsburgh, 74 NE 183, 186.

“A license is in the general nature of a special privilege, entitling the licensee to do something that he would not be entitled to do without the license”.
51 American Jurisprudence 2d., LICENSES AND PERMITS, PART ONE, GENERAL PRINCIPLES,  I. GENERAL, 1. Generally, p. 7.

The federal courts of this country have held:

There can be no sanction or penalty imposed upon one  because of the exercise of a constitutional  right.
Sherar v. Cullen,  481 F. 945 (9th Cir. 1973), Spevack v. Klein, 385 U.S. 511 (1967), GARRITY v. NEW JERSEY, 385 U.S. 493 (1967),  BOYD v. U S, 116 U.S. 616 (1886),  MALLOY v. HOGAN, 378 U.S. 1 (1964)

The court is referring to those rights endowed by God, not the “rights” created by man.

Declaration of Independence

We hold these truths to be self-evident, that all men are created equal,  that they are endowed by their Creator with certain unalienable rights, that  among these are life, liberty and the pursuit of happiness.

Constitution Of The State of California, 1849

Article I:  Declaration of Rights

Sec. 1.

All men are by nature free and independent, and have certain unalienable rights, among which are those of enjoying and defending life and liberty: acquiring, possessing and protecting property: and pursuing and obtaining safety and happiness.     

The rights referred to in the Declaration of Independence and the Constitution of The State of California are the ones endowed by God.  Neither the federal or State government employees have the power to force the people for whom they volunteered to work to apply for and possess a license in order to lawfully exercise such rights.

If you're in possession of a license, any kind of license, then you're in possession of a man made right.   Such rights are taxed and revocable and necessarily inferior to rights created by God.

Obviously, administrative agencies, like police officers (People v. Cahan (1955) 44 Cal. 2d 434 [former Pen. Code 653 could not authorize the violation of the Constitution]), must obey the Constitution and may not deprive persons of constitutional rights.
Southern Pacific Transportation Co. v. Public Utilities Company, 18 Cal. 3d 308 [S.F. No. 23271, Supreme Court of California, November 23, 1976]

An officer who acts in violation of the Constitution ceases to represent the government.
Brookfield Construction Company v. Stewart, 284 F. Supp. 94

...an officer may be held liabel in damages to any person injured in consequence of a breach of any of the duties connected with his office...   The liability for nonfeasance, and for malfeasance in office is in his "individual", not his official capacity...
Volume 70, American Jurisprudence 2nd,  Sec. 50, VII Civil Liability.

When did State government employees acquire the power to force the people to ask for a license to use their car to go to church or to the store to buy food and other necessities of life?   If there is no date when this event occurred then State government employees have no power to force the people to ask (apply) and pay for any privilege of any kind.

CALIFORNIA GOVERNMENT CODE

54950 DECLARATION OF LEGISLATIVE PURPOSE. “In enacting this chapter, the Legislature finds and declares that the public commissions, boards and councils and the other public agencies in this State exist to aid in the conduct of the people’s business.  It is the intent of the law that their actions be taken openly and that their deliberations be conducted openly.
                                       
The people of this State do not yield their sovereignty to the agencies which serve them. The people, in delegating authority, do not give their public servants the right to decide what is good for the people to know and what is not good for them to know.  The people insist on remaining informed so that they may retain control over the instruments they have created”. 

Constitution Of The State of California, 1849

Article I:  Declaration of Rights

 Sec. 2.

All political power is inherent in the people.  Government is instituted for the protection, security and benefit of the people; and they have the right to alter or reform the same, whenever the public good may require it.

"[T]he Legislature, either by amending (section 1382) or otherwise, may not nullify a constitutional provision."  
Rost v. Municipal Court of Southern Judicial Dist., County of San Mateo (1960) 85 A.L.R.2d 974, 979 Headnote 5.

Where is it written that your government employees have the power to force you to ask them for something they make which they tax and they can revoke?  In fact the forgoing evidence demonstrates that they have no such power.

Everyone knows that "driving" is a privilege so how were you forced to ask for the privilege if your government employees have no power to force you to do a volitional act?   If you're forced or coerced to act then the act isn't volitional, it's compulsory.  

It is settled that the streets of a city belong to the people of a state and the use thereof is an inalienable right of every citizen of the state.
Whyte v. City of Sacramento, 65 Cal. App. 534, 547, 224 Pac. 1008, 1013 (1924);  Escobedo v. State Dept. of Motor Vehicles, 222 Pac.2d 1, 5, 35 Cal.2d 870 (1950).

If the citizen has the inalienable right to use the street then why don't they have the inalienable right to use their personal property to travel on the street?    They do.   Someone is getting the definitions of the words mixed up.  What is the activity identified by the term "driving"?

“The activity licensed by state DMVs and in connection with which individuals must submit personal information to the DMV - the operation of motor vehicles - is itself integrally related to interstate commerce”.
Reno v. Condon, No. 98-1464, Supreme Court of the United States decided January 12, 2000, BRIEF FOR THE PETITIONERS,  Seth Waxman, Solicitor General U.S. Department of Justice,

What's the definition of "motor vehicle"?

 

Title 18, United States Code Sec. 31
PART I - CRIMES
CHAPTER 2 - AIRCRAFT AND MOTOR VEHICLES
Sec. 31. Definitions

When used in this chapter the term -

''Motor vehicle'' means every description of carriage or other contrivance propelled or drawn by mechanical power and used for commercial purposes on the highways in the transportation of passengers, passengers and property, or property or cargo;

CALIFORNIA VEHICLE CODE

Division 3

Chapter 3.  FILING INSTRUMENTS EVIDENCING LIENS OR ENCUMBRANCES

Recording of Security interest


    6300. Except as provided in Sections 5905, 5907, and 5908, no security interest in any vehicle registered under this code, irrespective of whether the registration was effected prior or subsequent to the creation of the security interest, is perfected until the secured party or his or her successor or assignee has deposited , either physically or by electronic transmission pursuant to Section 1801.1, with the department, at its office in Sacramento, or at any other office as may be designated by the director, a properly endorsed certificate of ownership to the vehicle subject to the security interest showing the secured party as legal owner if the vehicle is then registered under this code, or, if the vehicle is not so registered , an application in usual form for an original registration, together with an application for registration of the secured party as legal owner, and upon payment of the fees as provided in this code.

Perfection of Security Interest


    6301.  When the secured party, his or her successor, or his or her assignee, has deposited, either physically or by electronic transmission pursuant to Section 1801.1, with the department a properly endorsed certificate of ownership showing the secured party as legal owner or an application in usual form for an original registration, together with an application for registration of the secured party as legal owner, the deposit constitutes perfection of the security interest and the rights of all persons in the vehicle shall be subject to the provisions of the Uniform Commercial Code, but the vehicle subject to the security interest shall be subject to a lien for services and materials as provided in Chapter 6.5 (commencing with Section 3068) of Title 14 of Part 4 of Division 3 of the Civil Code

CALIFORNIA PROBATE CODE


13050(b) for purposes of this part, all of the following property shall be excluded in determining the property or estate of the decedent or its value:

(1) Any vehicle registered under division 3 (commencing with Section 4000) of the Vehicle Code or titled under Division 16.5 (commencing with Section 38000) of the Vehicle Code.

What's the definition of "traffic"?

TRAFFIC. Commerce; trade; sale or exchange of merchandise, bills, money, and the like.  The passing of
goods or commodities from one person to another for an equivalent in goods or money.  Senior v. Ratterman,
44 Ohio St. 673, 11 N.E. 321; Fine v. Moran, 74 Fla. 417, 77 So. 533, 538; Bruno v. U.S., C.C.A.Mass., 289 F.
649, 655; Kroger Grocery and Baking Co. V. Schwer, 36 Ohio App. 512, 173 N.E. 633.  The subjects of
transportation on a route, as persons or goods; the passing to and fro of persons, animals, vehicles, or
vessels, along a route of transportation, as a long a street, canal etc.  United States v. Golden Gate Bridge
and Highway Dist. of California , D.C.Cal., 37 F. Supp. 505, 512.
Black’s Law Dictionary. 4th Ed., p. 1667

COMMERCIAL.  Relating to or connected with trade and traffic or commerce in general.  “Zante
Currents”, C.C.Cal.,73 F. 189.  Occupied with commerce.  Bowles v. Co-Operative G. L. F. Farm Products,
D.C.N.Y., 53 F. Supp. 413, 415.
Black’s Law Dictionary, 4th Ed., p. 337

INTERSTATE COMMERCE.  Traffic, intercourse, commercial trading, or the transportation of persons
or property between or among the several states of the Union, or from between points in one state and
points in another state; commerce between the states, or between places in different states.
It comprehends all the component parts of commercial intercourse between different states.
[Cites omitted]
Black’s Law Dictionary, 4th Ed., p. 955

                        















“Automobile owned by individual not in business is ‘consumer goods’”. 
In re Rave, 7 UCC rep. Serv 258.

“An automobile purchased for personal and family use was ‘consumer goods’”. 
Bank of Boston v. Jones, 4 UCC Rep. Serv. 1021, 236 A.2d. 484

“The use of an automobile by its owner for purposes of traveling to and from his work is a personal, as opposed to a business use as that term is defined in the California Commercial Code 9109(1), and the automobile will be classified as ‘consumer goods’ rather than equipment.  The phraseology of 9102(2) defining goods used or bought for use primarily in business seems to contemplate a distinction between the collateral automobile ‘in business’ and the mere use of the collateral automobile for some commercial, economic or income producing purpose by one not engaged in ‘business’”.
In re Barnes, 11 USS rep. Serv. 697 (1972)                       

“So long as one uses his private property  for private purposes and does not devote it to the public use, the public has no interest in it and no voice in its control. 
Assoc. Pipe v. Railroad Comm. 176 Cal. 518.

“Under the UCC 9-109 there is a real distinction between goods purchased for personal use and those purchase for business use.  The two are mutually exclusive and the principal use to which the property is put should be considered as determinitive”.
James Talcott, Inc. v. Gee, 5 UCC rep. Serv. 1028, 266 cal.App.2d. 384, 72 Cal..Reptr. (1968).
                                   
“The use to which an item is put rather than its physical characteristics determine whether it should be classified as ‘consumer goods’ under UCC 9-109(1) or ‘equipment’ under UCC 9-109(2)”. 
Grimes v. Massey Ferguson, Inc., 23 UCC Rep. Serv. 655, 355 So. 2d. 338 (Ala., 1978)

“The classification of goods in UCC 9-109 are mutually exclusive”. 
McFadden v. Mercantile-Safe Deposit & Trust Co., 8 UCC Rep. Serv. 766, 260 Md. 601, 273, A.2d. 198 (1971)

“The term ‘household goods’..includes everything about the house that is usually held and enjoyed therewith and that tends to the comfort and accommodation of the household”. 
Lawwill v. Lawwill, 515 P.2d. 900, 903, 21 Ariz.App.75 , 19A Words and Phrases - Permanent Edition (West) pocket part 94.
               
“Automobile purchased for the purpose of transporting buyer to and from his place of employment was ‘consumer goods’ as defined in UCC 9-109". 
Mallicoat v. Volunteer Finance & Loan Corp., 3 UCC Rep. Serv.  1035, 415 S.W.2d. 347 (Tenn.App., 1966)   

“ A carriage is peculiarly a family or household article.  It contributes in a large degree to the health, convenience, comfort and welfare of the householder or of the family”. 
Aurther v. Morgan., 113 U.S. 495, 500, 5 S.Ct. 241, 243 (S.D.Ny 1884)

Courts have no right, no power, to extend statute by construction, so as to dispense with any conditions legislature has seen fit to impose.  Gassner v. Patterson, (1863) 23 C. 299; likewise, the Courts must take the statute as they find it.  It is their duty to construe it as it stands enacted. 
Callahan v. San Francisco, (1945) 68 CA2d. 286, 156 P.2d. 479; Santa Clara County Dist. Atty. Investigators Asso. v. Santa Clara County, (1975) 51 CA3d. 255, 124 Cal.Rptr. 115.

Courts are not at liberty to extend application of law to subjects not included within it. 
Spreckles v. Graham (1924) 194 C. 516, 228 P. 1040

Were you aware of this before you asked for the driving privilege and registered your car?