What do you call someone who bullys and engages in otherwise coercive
behavior that threatens you and/or your rights? What do you
someone who forces you to forefit or waive your rights? What
you call someone who threatens you to create a legal disability that
they can benefit from?
- De Oppreso Liber-
The Difference Between Rights
I have sworn upon the
altar of God, eternal hostility against every form of tyranny over the
mind of man.
"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
are usually taxed and are inferior to rights endowed by nature's God.
a "distinction must be observed between the regulation of
an activity which may be engaged in as a matter of right and one
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.
The federal courts of this country have held:
"A permit, granted by an
appropriate governmental body, generally for
consideration, to a person, firm, or a corporation, to pursue some
or to carry on some business which is subject to regulation under the
Rosenblatt v California State Bd. of Pharmacy
2d 199, 203.
The term "license" implies a divestiture of right or title, by
to the property which is subject to the "license." A
a mere revokable "privilege" to do An act (or series of acts) upon
and excludes the right or Title thereto.
Eastman v Piper, 229 P. 1002,
Gravelly Ford Canal Co. v Pope and Talbot Land Co.,
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
the licensee to do something that he would not be entitled to do
51 American Jurisprudence 2d., LICENSES AND PERMITS, PART ONE,
I. GENERAL, §1. Generally, p. 7.
can be no sanction or penalty imposed upon one because of the
exercise of a constitutional right.
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
The State of California, 1849
Article I: Declaration of Rights
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
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.
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
Pacific Transportation Co. v. Public Utilities Company, 18
Cal. 3d 308 [S.F. No. 23271, Supreme Court of California, November 23,
An officer who acts in violation of the Constitution ceases to
represent the government.
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
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
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
CALIFORNIA GOVERNMENT CODE
§54950 DECLARATION OF LEGISLATIVE
“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
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
on remaining informed so that they may retain control over the
instruments they have created”.
The State of California, 1849
Article I: Declaration of Rights
All political power is
inherent in the
people. Government is instituted
for the protection, security and benefit of the people; and they have
right to alter or reform the same, whenever the public good may require
"[T]he Legislature, either
by amending (section 1382) or otherwise, may not nullify a
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
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
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
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.
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
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
the definitions of the words mixed up. What is the activity
identified by the term "driving"?
“The activity licensed by
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”.
No. 98-1464, Supreme Court of the United States decided January 12,
2000, BRIEF FOR THE PETITIONERS, Seth Waxman, Solicitor
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
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
CALIFORNIA VEHICLE CODE
Chapter 3. FILING INSTRUMENTS EVIDENCING LIENS OR ENCUMBRANCES
Recording of Security interest
§6300. Except as provided in Sections
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
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"?
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
Relating to or connected with trade and traffic or commerce in
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
Traffic, intercourse, commercial trading, or the transportation of
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.
Black’s Law Dictionary, 4th Ed., p. 955
“Automobile owned by
individual not in business is ‘consumer goods’”.
Rave, 7 UCC rep. Serv 258.
“An automobile purchased for personal and family use was ‘consumer
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
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.
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”.
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)”.
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
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”.
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".
v. Volunteer Finance & Loan Corp., 3 UCC Rep.
Serv. 1035, 415 S.W.2d. 347 (Tenn.App.,
“ 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”.
v. Morgan., 113 U.S. 495, 500, 5 S.Ct. 241, 243 (S.D.Ny
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
construe it as it stands enacted.
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.
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?