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Originally Posted by weishaupt1776
William, thanks for the post(s)
I have been working on getting many agencies to waive their alleged immunity by constructive notice/contract, etc . .
Do you have any insights on how people can prosecute on behalf of the whole "Ex Rel" ?
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I appologize for not having answered your question timely. I will attempt to cure that here.
as to your comment;
there really is no need to acquire a waiver of immunity regarding an act the state or fed could have no immunity for, and there is no need to attack its immunity for those acts gov really does have immunity for. We the people (our collective, the legal fiction "We") empowered our gov't's with immunity for actions taken within their granted power. That immunity is a necessary part of our rule of law.
With respect to those acts of government that exceed its limits of power, i.e. for the "general welfare", education, the war on drugs, income taxes, regulatory enforcement, license, etc. where those acts attempt to compel or prohibit an action of a member of We the People that are taken in his private capacity and solely within that members own private domain , it can have no immunity, and so getting them to admit that would be futile, IMO. Having said that, my answer to your question below should shed more light on this subject matter.
as to your question, that being:
"Do you have any insights on how people can prosecute on behalf of the whole "Ex Rel" ?
Yes i do. but first one thing must be understood.
That is that all my actions performed solely within my own private capacity and domain that harm no others person or property are protected by my sovereign immunity which exists as a natural condition of my birthright. This unassailable fact has been recognized by the judiciary in numerous state and federal cases. The content of those cases is clearly that I owe NO DUTY to the state so long as i do not harm another. that would include a duty to follow the majority opinion as to how I use my property. i.e. what i put in my body; how i spend my money/assets; how i discipline/educate my children; etc.
assuming we all understand and agree with this fact, the answer to your question is that we must meet all such state assertions of power that intrude upon our domain as described above with an afirmative defense (that being exculpatory in nature) of SOVEREIGN IMMUNITY from all attempted restraint initiated by the state or fed. that attempt to compel or prohibit any act any acts by me that exist solely within my domain and that harm not other.
When ever we are accosted by a statute, code or ordinance violation that meet the above defined criteria, we have a duty to ourselves and or neighbors to take and pursue such an affirmative defense.
So, in answering yoru question, yes, we can all identify the specific nature of our individual sovereign immunity and claim it at every attempted intrusion by the state. secondly, when the state fails to withdraw its intrusion in the face of our declared immunity, we have the option of a class action suit filed in the supreme court of the state as a remedy for an unconstitutional application of statutes, codes or ordinances.
think of it this way; our actions within our own private domains are not subject to a majority vote. it they were, our constitutions would not mandate protection of our liberty and property (happiness). And a statute, code or ordinance for some kind of regulation/compelled performance or prohibition law is a creature of democratic representatives elected by the majority. that is who writes such laws. it would be a legal impossibility for the majority to decide our use of our own private property where that use harms on other. And, the law knows NO impossibility.
hope this answered your question.
William duff