The True Cost of a “Permit” or “License” Is Almost Always Freedom and Liberty

on Sep 26 in Articles, Uncategorized by

When someone questions the requirement to obtain a permit or a license, many people say: œWhy not just get the permit (or license) and do what those in government tell you to do. or œWork within the system. In other words, œGo along to get along or œYou can™t fight City Hall. Some even claim, often citing œRomans 13: 1-7 as alleged authority, that we are not to question government at all.

So what is a œpermit and a œlicense? Black™s Law Dictionary, sixth edition, defines these two words, in part, as:

œPermit. In general, any document which grants a person the right to do something. ¦.

A written license or warrant, issued by a person in authority, empowering the grantee to do some act not forbidden by law, but not allowable without authority.

œLicense. A personal privilege to do some particular act or series of acts on land without possessing any estate or interest therein, and is ordinarily revocable at the will of the licensor and is not assignable. ¦ The permission by competent authority to do an act which, without such permission, would be illegal, a trespass, a tort, or otherwise not allowable. ¦ A permit, granted by an appropriate governmental body, generally for a consideration, to a person, firm, or corporation, to pursue some occupation or to carry on some business subject to regulation under the police power. ¦ A license is not a contract between the state and the licensee, but is a mere personal permit. ¦ Neither is it property or a property right. (Citations omitted and bold print added for emphasis)

Now that you understand these definitions, ask yourself: If an individual, a natural person, has a God given and/or constitutionally secured, protected and guaranteed, inherent and indefeasible right, does he or she need a permit or a license to exercise that right? Clearly the correct answer to this very fundamental question is: NO! To confirm this answer, simply consider the following:

Article I, Sections 1, 2 and 25 of the Constitution of the Commonwealth of Pennsylvania state:

Inherent Rights of Mankind

Section 1. All men are born equally free and independent, and have certain inherent and indefeasible rights, among which are those of enjoying and defending life and liberty, of acquiring, possessing and protecting property and reputation, and pursuing their own happiness.

Political Powers

Section 2. All power is inherent in the people, and all free governments are founded on their authority and instituted for their peace, safety and happiness. For the advancement of these ends they have at all times an inalienable and indefeasible right to alter, reform or abolish their government in such manner as they may think proper.

Reservation of Powers in People

Section 25. To guard against transgressions of the high powers which we have delegated, we declare that everything in this article is excepted out of the general powers of government and shall forever remain inviolate.
Black™s Law Dictionary, sixth edition, defines the words: œliberty, œinherent power and œindefeasible, in part, as:

œLiberty. Freedom from all restraint except such as are justly imposed by law. ¦ The œliberty guaranteed and protected by constitutional provisions denotes not only freedom from unauthorized physical restraint, but embraces also the freedom of an individual to use and enjoy his facultiesin all lawful ways, acquire useful knowledge, marry, establish a home, and bring up children,worship God according to the dictates of his own conscience, live and work where he chooses, engage in any of the common and lawful occupations of life, enter into all contracts which may be proper and essential to carrying out successfully the foregoing purposes, and generally to enjoy these privileges long recognized at common law as essential to the orderly pursuit of happiness by free people. ¦ (Bold print and underlining added for emphasis.)

œInherent power. An authority possessed without it being derived from another. A right, ability, or facility of doing a thing without receiving that right, ability or facility from another. ¦

œIndefeasible. That which cannot be defeated, revoked, or made void. This term is usually applied to an estate or right which can not be defeated.

Article I, Section 25 prohibits those in government from making œlaws, rules, regulations, etc. that would interfere with these secured, protected and guaranteed rights. œExcepted out of and œshall forever remain inviolate mean exactly what they state! (Erdman v. Mitchell, 207 Pa. 79 (1903))

By applying for a permit or license, Citizens say to the government – œI want to do something that is unlawful or not allowed without the government™s permission. and œIf the government lets me have the permit or license, I waive my constitutionally secured, protected and guaranteed rights and I will do everything required by the laws, codes, regulations or rules (those that exist today and those put in place in the future) without questioning them. When given a citation, the accused is presumed guilty until it is proven that he or she did not violate a law, code, regulation, rule, etc. covered by the permit or license, or that the government has made a procedural or factual error. By applying for a permit or license to exercise a right, an individual converts God given and/or constitutionally protected, inherent and indefeasible rights into privileges which are given and totally controlled by the government.

Those in government and many others contend that a œpermit and/or œlicense is required to insure œpublic safety and public health. Today they often leave out the word œpublic to intentionally confuse and mislead the people. The word œPublic means the whole Nation, State or Community.

Our governments have very limited lawful authority concerning a private individual, their private property, private business and private contracts. A Citizen can do anything that does not hurt someone else, damage another™s property or violate someone else™s rights. This is the Law!

A government that fraudulently tricks its Citizens into getting a œpermit or a œlicense, is not a constitutional republic, but rather a œde facto government ruling by, at a minimum, deceit and force. The Constitution for the United States of America requires a republican form of government, not a democracy. There is a very important difference between these two forms of government. In our constitutional republics, it is œthe rule of law, with the supreme and controlling laws being God™s Law, the State Constitution, and where applicable the Constitution for the United States of America. Both Constitutions protect individual rights and control their respective governments. A democracy is a rule by the majority and public opinion, or as founding father Benjamin Rush said, a œMobocracy.

œTrue Liberty and freedom is the ability to do something without a permit, license, or report from or to the government. ¦.
Judge James P. MacElree, II “ Chester County Court of Common Pleas in a Letter to the Editor titled —
œRed tape chokes true liberty – DAILY LOCAL NEWS, West Chester, Pa. Sun. April 23, 1995

It is well past time that all of those in government read, study, understand and explicitly follow the lawful Constitution of the Commonwealth of Pennsylvania and, where applicable, the organic Constitution for the United States of America. All those in government are required by œoath of office to follow these Constitutions (Article VI, section 3 of the Pennsylvania Constitution). We, Citizens of Pennsylvania, again respectfully demand that all of those in our governments strictly follow their constitutional œoath of office in all that they do in their official capacity, at all times and in all places.
Prepared and hand-delivered by those in the CSBP, c/o P.O. Box 211, Elverson, Pennsylvania 19520


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One Comment

  • Gregory Michalek says:

    Heard you speak at the Patriot Picnic in Mercer on September 13.

    Do you know if the jury nullification is written into any other State Constitution?

    Not sure that I agree about the organic Constitution for the United States of America mentioned in your last paragraph.