Why the state cannot hear a human being

In American Sovereign on August 3, 2010 at 10:57 am

There is a lot of confusion on this topic.  I hope that the following is accurate and helps clear some misunderstanding.  I also invite differing opinion.

Let’s get this straight. “person” is a creation of the acts of legislature as expressed (defined) in statute.  It is not an actual physical thing or being.  “Person” is a concept, a role of conduct.  “Person” did not exist in its statutory capacity until a legislative act created it.  Yes, the vernacular word ‘person’ did exist but is has nothing to do with this topic.

Likewise, a corporation is not an actual physical thing or being.  It is a concept. Sure, it has a physical presence through what we call its property, it’s name, its identifying characteristics,  its products and its equipment, but the actual corporation is nothing more than a concept in practice through its writings and the vocalizations of those human beings who act in the capacity of its officers.  The closest a corporation comes to actually existing is through its minutes and bylaws.  Every manifestation of a corporation, every crumb of what appears to be its existence is only an act of a human being who labors to give expression to the concept of the corporation.  A corporation cannot act on its own since it does not exist in actuality. Even a maggot, a bacterium, an infective prion particle exist in actuality, but a corporation is only a concept.

Likewise, the “Natural Person”  is a creation of the acts of legislature as expressed (defined) in statute.  “Natural person” is a concept.  In this case, “natural person” is the legislatures view, what they “see” of the human world, through their statutory “eyes”.  They do not “see” the actual living being, they see the evidences of that human being through the writings and vocalizations he sends to the administrative organs of the State within the functional capacity of statutory authority.  The “Natural Person” can be said to be evidenced, for the purpose of presumption of its existence, by  the human being during those times in which a human acts to manifest the concept of the legislatively defined “Person”.

An example is a doctor.  A man is not actually a doctor.  He does not cease being a man and transform into another being which we know as a doctor, any more than he could transform into a goat.  He is viewed as “being a doctor” during those times in which the human acts to manifest the concept of “being a doctor”.  Man likewise is viewed by the State as being “Natural Person” during those times in which the human acts to manifest the concept of “Person”.  The physical living body and spirit or soul is not recognized, its intent as expressed through its interaction with statutory authority is all that the State is capable of recognizing.

No one is actually a plumber, a husband, a doctor.  These are roles which we act out, no matter how strongly we take these roles to heart, they remain as roles of human expression.  They are stations in life but not life itself.  Likewise you can play the role of “Natural person” for the purposes of statutory function or statutory interaction with the State.

No one is “made into a person”.  No one “Becomes a person”.  It is a role.  Flesh and blood men and women act in the role of the person.  And they are viewed as being “natural persons”, as contrasted to artificial persons ( such as those which are ens legis or existing solely by means of legislative action), during those times that they act the role of legislatively defined “Person”.

Examples of artificial persons (persons created by way of artifice) ens legis are:  corporations, associations, LLC, the official authority aspect of an Official (but not the official’s physical manifestation in the acting human being), partnerships (but not the partners themselves.) The ens legis comes to exist when some one or more human beings apply for and establish the artificial entity which is recognized by the administrative departments which are statutorily empowered to do business of the legislature or STATE and regulate that ens legis.  In this case the human being acts as an officer for the “Person”, usually in the capacity of “officer” (such as President of a corporation).  The ens legis are created within the functions of statute and remain there.  They are not created by statute as an independent creation.  This is an important concept to grasp; that the ens legis or artificial person, the “Person”, the “natural Person” are all created within and remain within the statutory construct or statutory “world” as some might confusingly call it.  They do not exist independent of the statutory construct.  They are characters in the story.   In the case of the “Natural Person”  a real flesh and blood human being has some capacity to decide how it ( the “Natural Person”) will conduct itself.

Examples of “Natural Persons” are license holders and operators.  Those human beings who apply for and obtain permission to do business for the State as a priveledge.  In the instance of the Natural Person, case there is no ens legis between the State and the Human Being, there is no artificial construct (ens legis) between the State and the Human being.  There is however, the presumption, on the part of the State, that a “Natural Person” exists as the manifestation of the human being operating under the privilege or license and giving it expression.

The State cannot hear Human beings.

The State can hear Natural Persons which might express exactly what a human being might express, except that the “voice” of the “Natural Person”, is heard in their forum and under the presumption that the one speaking is doing so in the capacity of natural person.  Utterances from the natural person which are inconsistent with the ascribed characteristics of Natural Person are disregarded as nonsense or babble.  Words which come from a Natural Person wherein one is attempting to enforce rights and power manifest in man by God or by force of nature are not taken cognizance of by State/Federal officials.

Officials acting within their official capacity, as they must since they cease being officials when under other conduct, are incapable of crossing the line into the real world of human beings (except in their own human capacity when not acting in their official capacity).  They exist and operate solely within the provisions and powers of the statutes and interact only with “Persons”, both Natural and artificial.  The statutory world acts upon the living world through the constructs known as “Persons”  if everyone refused to act in accord with the Statutes, they would collapse.  Peoples’ participation in the scheme is what is called “consent of the governed” or voluntary servitude.

Do you get it now ?  Human beings, freemen, have no voice within the statutory world.  None.  They are not heard.  If they are to act within the statutory world they must be elected to an “office”  where limited discretion is granted and human expression is denied, or take employment in an administrative capacity without discretionary power.

It is an astonishing mechanism by which the acts of corporate government are held independent from but bearing upon the living world.  The only breech available is reform (which means destruction or rejection of the statutory authority or power).

Bob Gavett

  1. Excellent work…Thank you…

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