If We Are All Equal Under the Law, How Can Governments and Courts Have Any Authority Over Us?
by John-Henry Hill, M.D.
April 6, 2015
Question: If we are all equal under the Law, how can any government and its courts have ANY authority or jurisdiction over us?
The answer is: ONLY by our CONSENT or by CONTRACT.
However, that is NOT how we the people, the government, and most especially the courts act. So, ABSENT our CONSENT or a signed CONTRACT by us, just how do the government, the courts, the police and other “ruling institutions” gain their authority over us? The answer is PRESUMPTION: they presume to have authority (JURISDICTION ) over us; and since we do NOT object, they assume that we agree (CONSENT) to their presumption that they possess JURISDICTION . The truly sad fact is that today in America (unlike Americans prior to the 1870’s), neither the authorities or the people are aware HOW the have gained their authority over us
I and many other people have covered these topics, so I will NOT repeat the same arguments here. But there is a very obscure, but superb article on law titled, “Rules of Presumption and Statutory Interpretation Form Instructions” (only 23 pages; published by SEDM.org, dated 6/1/2008) stored on www.Wordpress.com which you can read and/or download and read later by clicking on this LINK: Rules_of_PRESUMPTION_and_STATUTORY_INTERPRETATION__SEDM-org then SKIP to Page 6: “INTRODUCTION”
I consider this article ESSENTIAL READING for those interested in how “presumption” plays such a great role today in America which is now ruled primarily through legislated acts (statutes), which are NOT and NEVER BECOME true law. Legislated acts (statutes) are merely “offers to contract”, which every man has the natural right and Common Law right to either accept (consent) or refuse to accept (not consent). And if a individual man consents to a particular statute (presumably because he benefits from it), that statue still NEVER becomes true law; rather, it only gains the “force of law” for those who consented And, as with ANY contract, if you as an individual man do not agree (consent) to a contract, then its terms do NOT apply to you. Colonial Americans understood that legislated acts (statutes) were enforceable on them ONLY if they individually CONSENTED to that particular act (statute): hence, the phrase “consent of the governed” – toy have to give your individual consent to a particular statute BEFORE you can be governed by that statute.
But we all have witnessed how the governments (local, county, state and federal) have acted as if they legitimately RULE us. We have all been taught – or learned by watching how others respond – and that we must OBEY whatever they dictate to us. And if we do NOT obey, then we are ridiculed and treated as “crazies”, “nuts”, “anti-government fanatics”, “sovereign citizens” and many other perjorative terms – NOT only by the government and media, but also by our FELLOW CONTRYMEN. Most juries convict people for acts that cause injury or harm to NO ONE. Why? Because “it’s the law.” And since the jurors themselves believe in “following the law”, why should YOU or I be treated any differently? Typical jury deliberation: “Hey, we all pay my income taxes (or traffic tickets or [fill in the blank] penalties for violating the law [legislated acts or statutes at the local, county, state and federal levels]. And the judge instructed us to consider ONLY whether the evidence proves or does not prove that the defendant violated that law.” Thus, most people in the U.S. and elsewhere accept it as a natural or “given” fact that, of course, we all must obey all these legislated acts (statutes) and their derivatives: regulations, codes, by-laws, ordinances and so on.
However, the various states and later the country (NOT the government) called the United States of America was founded on the idea that WE ARE ALL EQUAL UNDER THE LAW. Indeed, we hear that phrase over and over throughout our lives. But, IF we truly are “all equal under the law”, then what gives ANY other man, especially governments and their courts, any authority over any of other man? For example, how can a man (meaning a man OR a woman) acting in his office of a “judge” have any authority over us, if both he and we are truly all “equal under the law”?
Unfortunately, most people accept things as they are – which is natural. We all grew up in a certain environment and learned from others how to act and how NOT to act. In the 1998 Jim Carrey film called “The Truman Show”, Carrey’s character (named Truman for “true man”) was adopted at birth by a TV show company, which created a TV show that covered live, 24 hours a day, every minute of Carrey’s life from birth to adulthood, all unknown to Truman (Carrey). It even created an entire fake town, with thousands of mini-TV cameras so Truman could always could be been seen and heard; and the town populated entirely with paid actors (even his “wife” and “best friend”) on an island as the “show’s set” – connected to the mainland by a narrow bridge, which Carrey had been learned never to cross by the show inducing in him by trauma a phobia for bodies of water. In the film, the character of the show’s creator (and producer-director) named “Christof” (“Christof” obviously meaning “of Christ” or “like Christ”; that is “playing God”) – played by actor Ed Harris – is interviewed on REAL TV and asked, “Why has Truman never questioned or learned that it is all fake?” The show’s creator Christof replies honestly and directly, “It’s quite simple. We all accept [as real] the world we are born into.” Although the film was meant as a semi-serious comedy, obviously the director Peter Weir and the writer Andrew Niccol of the film had a much deeper and serious meaning embedded within the film. The film was demonstrating not only the “fake life” of Truman; it was also attempting to reveal something about OUR lives – that also WE live in our own “fake world” which we never question and accept as real because, as the show’s creator Christof stated, “It’s quite simple. We all accept [as real] the world we are born into.” (If you never saw this film or saw it years ago, may I suggest that you watch it again – for it real meaning? You can find more information about the film “The Truman Show” at: http://www.imdb.com/title/tt0120382/fullcredits?ref_=tt_ov_st_sm )
Are we all FOOLS? Of course not! Like Truman, you, me and ever other modern American, we have accepted as real the world that we were born into. And people in government (whether legislators, judges, president, police officers and everyone else) are just like us: they have accepted as real the world that we were born into. And in our era only a few, select people ever question that world’s validity.
The people of Colonial America and the people in the various states during the founding of the United States of America knew the REAL TRUTH about the people versus those in “authority”. Indeed, long-lost writings going back thousands of years, as well as written documents going back many hundreds of years discuss this very same issue. A great example is a 25-page treatise written in 1552 by Etienne De La Boetie, a law-philosophy student in France, titled “The Discourse on Voluntary Servitude”. (Back then the study of law WAS philosophy,)
(1) As stated above, the primary document related to this topic is titled, Rules of Presumption and Statutory Interpretation Form Instructions” (only 23 pages; published by SEDM.org, dated 6/1/2008) and can be opened and/or download b clicking on this LINK: Rules_of_PRESUMPTION_and_STATUTORY_INTERPRETATION__SEDM-org then SKIP to Page 6: “INTRODUCTION”
(2) You can find a full copy (only 19 pages long)of Etienne De La Boetie’s “The Discourse on Voluntary Servitude” stored on www.Wordpress.com by clicking on this LINK: BOETIE__DISCOURSE_OF_VOLUNTARY_SERVITUDE_1552
(3)You can find the an ESSAY discussing La Boetie’s “The Discourse on Voluntary Servitude” right here on my blog at: “How to Defeat Tyranny: Active Disobedience” (https://johnhenryhill.wordpress.com/2015/02/02/how-to-defeat-tyranny-active-disobedience/ ) OR JHH_ESSAY__DEFEAT_TYRANNY__ACTIVE_DISOBEDIENCE__FINAL_2-2-2015