Ability of the Government to Regulate or Enforce and the Need for Implementing Regulations

The following general principles apply to the power to regulate or enforce and the need for regulations:

  1. The ability to write regulations is an implementation of Congress’ Article 4, Section 3, Clause 2 power to “make all needful rules respecting the property and OTHER territory of the United States”. Such property INCLUDES such things as:
    1. A privilege. All privileges constitute loans or grants of government property with conditions or legal strings attached taking the form of civil statutes.  They can be taken away at the whim of the grantor of the property.  This gets back to the original definition of “ownership”, the essence of which is “the right to exclude” per the U.S. Supreme court:
    2. A franchise.  This is a specific TYPE of privilege which constitutes a contract or agreement.  The legal definition of “franchise” is that it is “a privilege in the hands of a subject”.  So to put government property in your HANDS or your CUSTODY, you become party to a franchise.
    3. A commercial benefit offered by government.
    4. A government “service”. We call these “civil services” in our Disclaimer, Section 4.
    5. An “entitlement”
    6. A license.
    7. Free healthcare which actually isn’t really “free” because they make you pay for it one way or another.
    8. Old age pension such as Social Security.
    9. The ability to vote or serve on jury duty. Convicted felons cannot do either in most states, and therefore these two things are PRIVILEGES, not RIGHTS.
    10. A privilege granted by a statute against the government, such as tax remedies.
    11. A privilege granted by statute against ANOTHER man or woman who is ALSO party to the same franchise contract or compact that you are party to.
    12. The civil status that the privilege attaches to, such as “person”, “taxpayer”, “citizen”, or “resident”, all of which are creations of and therefore PROPERTY of their creator, which is the Legislative branch.
  2. The ability to REGULATE the above kinds of property under Article 4, Section 3, Clause 2 is found in 5 U.S.C. §553(a)(2):

    5 U.S. Code § 553 – Rule making(a)This section applies, according to the provisions thereof, except to the extent that there is involved—[. . .](2) a matter relating to agency management or personnel or to public property, loans, grants, benefits, or contracts.

  3. If the Executive Branch alleges the authority to regulate your behavior or make you the target of administrative enforcement, the burden of proof imposed upon them is to prove that you have THEIR property in your custody and therefore you are acting as THEIR public officer. A public officer, after all, is legally defined as someone “in charge of the property of the public”. If they cannot prove you are using or benefitting from their property, their authority to regulate CEASES:

    “The compensation which the owners of property, not having any special rights or privileges from the government in connection with it, may demand for its use, or for their own services in union with it, forms no element of consideration in prescribing regulations for that purpose.[. . .]“It is only where some right or privilege [which are GOVERNMENT PROPERTY] is conferred by the government or municipality upon the owner, which he can use in connection with his property, or by means of which the use of his property is rendered more valuable to him, or he thereby enjoys an advantage over others, that the compensation to be received by him becomes a legitimate matter of regulation. Submission to the regulation of compensation in such cases is an implied condition of the grant, and the State, in exercising its power of prescribing the compensation, only determines the conditions upon which its concession shall be enjoyed. When the privilege ends, the power of regulation ceases.”
    [Munn v. Illinois, 94 U.S. 113 (1876) ]

  4. We have found NO DIRECT LEGAL AUTHORITY in the Constitution that authorizes the use of loans, grants, or gifts to CREATE new public offices. Thus, the exercise of such authority is a violation of the Constitution.
  5. God FORBIDS Christians from being a borrower of government property or even a Buyer of government “civil services” under the U.C.C.. Those who violate this Biblical prohibition are CURSED by Him.
  6. Statutes+regulations=”the law”.
  7. Authority to write regulations is limited to the content of the statute they implement and may not exceed the scope of the statute.
  8. No regulations are needed if the statute only applies to government employees or officers. See:
    8.1 5 U.S.C. §553(a).
    8.2 44 U.S.C. §1505(a)(1).
  9. Regulations that pertain to OTHER than government employees or officers may not exceed the scope of the statute it implements. U.S. v. Calamaro, 354 U.S. 351, 77 S.Ct. 1138 (U.S. 1957)
  10. When a regulation DOES exceed the scope of the statute, its application is limited EXCLUSIVELY to “persons” WITHIN the department of the Secretary who wrote the regulation that exceeds the scope of the statute. 5 U.S.C. §301.
  11. When a regulation imposes a duty not specifically identified in the statute, the civil status that it is imposed upon is an employee or officer of the Secretary of the Department or the Agency that published the regulation, and not a private human being. For instance, 26 C.F.R. §1.1-1(a) imposes a tax obligation upon “citizens and residents” nowhere found in the Internal Revenue Code in 26 U.S.C. §1 that it implements. Thus, those two civil statuses are voluntary employees of the Department of the Treasury.
  12. As a matter of equal protection and equal treatment (Form #05.033), YOU as a human being have the SAME right to use the SAME tactics against the government with YOUR absolutely owned private property that they use against you to enslave you. In commercial terms, this means that you should NEVER be a Buyer of government services or property under the U.C.C. and must ALWAYS approach the government ONLY as a “Merchant” under the U.C.C. who makes all the rules. Fight fire with fire!

    “The State in such cases exercises no greater right than an individual may exercise over the use of his own property when leased or loaned to others. The conditions upon which the privilege shall be enjoyed being stated or implied in the legislation authorizing its grant, no right is, of course, impaired by their enforcement. The recipient of the privilege, in effect, stipulates [CONSENTS!, Form #05.002] to comply with the conditions. It matters not how limited the privilege conferred, its acceptance implies an assent to the regulation of its use and the compensation for it.”
    [Munn v. Illinois, 94 U.S. 113 (1876) ]

  13. Based on the previous step, civil statutes under a public franchise in effect, function as what the U.S. Supreme Court calls “the conditions of the grant or loan” of government property. Nearly all civil statutes fall in that category. See:
    13.1. Why Statutory Civil Law is Law for Government and Not Private Persons, Form #05.037 (OFFSITE LINK)
    13.2. Proof That There Is a “Straw Man”, Form #05.032 (OFFSITE LINK)

Further information on the above is contained in:

  1. Challenging Jurisdiction Workbook, Form #09.082 -short document useful in administrative or court setting that VERY effectively proves IRS has NO ENFORCEMENT authority that you do not give them.
  2. How You Voluntarily Surrender Your Constitutional/Private Rights to Become a Privileged Government “Straw Man”/Public Officer
  3. Sovereignty Forms and Instructions Online, Form #10.004, Cites by Topic:  Regulations (OFFSITE LINK)-Family Guardian
  4. Federal Enforcement Authority Within Status of the Union, Form #05.032 (OFFSITE LINK)-SEDM
  5. How Scoundrels Corrupted Our Republican Form of Government
  6. Are you “Playing the Harlot” With the Government?-if you can be regulated with civil statutes, then you at some point VOLUNTEERED to do so by partaking of government privileges.  The result is religious idolatry and even HARLOTRY as documented in the Bible and the Book of Revelation

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