Rights vs. Privileges
Rights guaranteed in the Constitutions may not be controlled, legislated, manipulated, limited, restricted, denied or taxed, in any way. However, in this country, if the Citizens do not know, claim, demand and enforce their Rights, then they have NONE."
~Scott Thurston, THE JAILHOUSE LAWYER
Nobody will give you rights. You must take them. The constitution does not grant rights, it only lists them, it also is NOT exhaustive. Remember the phrase by Thomas Jefferson, "We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable rights, that among these are Life, Liberty and the pursuit of Happiness."
There are very specific wordings and phrases in the Declaration of Independence. "Self-Evident" truths, this means these truths do not need to be demonstrated, they are obvious. "Certain" Unalienable Rights has a couple very specific definitions, 1 known for sure; established beyond doubt: 2 specific but not explicitly named or stated:. Remember the constitution nor the Declaration of Independence grants any rights, it only shows that they exist and no one may take them! "Among These", 'among' means 1 surrounded by; in the company of: 2 being a member or members of (a larger set):. Again there are a large set of rights, not just those named. The worst thing the Bill of Rights did is presume for many this was some sort of exhaustive list of rights. That is far from the truth.
So what is a privilege? A privilege is to authorize or license (something otherwise forbidden), it is some form of authority granting you consent. You must ask permission and/or have a license to do it. A good way to identify if something is a privilege or not is to see if it is a regulable activity. Are there any sort of regulations, rules, restrictions, laws, license and/or fees, statutes, or ordinances attached to that activity? If yes, then it is a privilege by proxy.
Because privileges need permission we have NO right to them. However, our rights come from our Creator. This establishes the levels of authority. God created man, man created government, government creates messes. The dirty ugly reality to this is government is man made, so it is a fictitious entity yet we have given a fiction judicial and legislative power over us. We know that "No state may convert a secured liberty into a privilege, and issue a license and fee for it." MURDOCK v. PENNSYLVANIA, 319 U.S. 105 and "If the state does convert a right into a privilege and issue a license and charge a fee for it, you can ignore the license and fee and engage in the right with impunity." SHUTTLESWORTH V. BIRMINGHAM, ALABAMA, 373 U.S. 262
Therefore that is the power of a right, you are sovereign in that capacity to do as you wish. Sovereign simply means you are operating as 'king', in complete control of yourself outside the authority of anyone. A right is 'wrong' only when you injure or hurt someone else's property or person and/or restrict another person's rights.
A good example of this is on your property you have the right to walk where ever you want on your property. You do not need permission, you are king on your land. However, the moment you cross the property line you need permission from your neighbor to walk on his property. If it is public property you have the same rights as your own property, again, as long as you are not encumbering anyone else's rights. Here is the tricky part where we look at the larger issues of rights being taken from us. Is your property really yours? Even if you own it and have no mortgage you do not truly own it. You must have a land patent. If you are paying property taxes then you do not own it. Can you decide to drill for oil? Can you build a house without permission? So now there are certain things you can do on the land you own that you need permission for. Our country has gone a long way away from respecting rights and the people have given in.
There are very specific wordings and phrases in the Declaration of Independence. "Self-Evident" truths, this means these truths do not need to be demonstrated, they are obvious. "Certain" Unalienable Rights has a couple very specific definitions, 1 known for sure; established beyond doubt: 2 specific but not explicitly named or stated:. Remember the constitution nor the Declaration of Independence grants any rights, it only shows that they exist and no one may take them! "Among These", 'among' means 1 surrounded by; in the company of: 2 being a member or members of (a larger set):. Again there are a large set of rights, not just those named. The worst thing the Bill of Rights did is presume for many this was some sort of exhaustive list of rights. That is far from the truth.
So what is a privilege? A privilege is to authorize or license (something otherwise forbidden), it is some form of authority granting you consent. You must ask permission and/or have a license to do it. A good way to identify if something is a privilege or not is to see if it is a regulable activity. Are there any sort of regulations, rules, restrictions, laws, license and/or fees, statutes, or ordinances attached to that activity? If yes, then it is a privilege by proxy.
Because privileges need permission we have NO right to them. However, our rights come from our Creator. This establishes the levels of authority. God created man, man created government, government creates messes. The dirty ugly reality to this is government is man made, so it is a fictitious entity yet we have given a fiction judicial and legislative power over us. We know that "No state may convert a secured liberty into a privilege, and issue a license and fee for it." MURDOCK v. PENNSYLVANIA, 319 U.S. 105 and "If the state does convert a right into a privilege and issue a license and charge a fee for it, you can ignore the license and fee and engage in the right with impunity." SHUTTLESWORTH V. BIRMINGHAM, ALABAMA, 373 U.S. 262
Therefore that is the power of a right, you are sovereign in that capacity to do as you wish. Sovereign simply means you are operating as 'king', in complete control of yourself outside the authority of anyone. A right is 'wrong' only when you injure or hurt someone else's property or person and/or restrict another person's rights.
A good example of this is on your property you have the right to walk where ever you want on your property. You do not need permission, you are king on your land. However, the moment you cross the property line you need permission from your neighbor to walk on his property. If it is public property you have the same rights as your own property, again, as long as you are not encumbering anyone else's rights. Here is the tricky part where we look at the larger issues of rights being taken from us. Is your property really yours? Even if you own it and have no mortgage you do not truly own it. You must have a land patent. If you are paying property taxes then you do not own it. Can you decide to drill for oil? Can you build a house without permission? So now there are certain things you can do on the land you own that you need permission for. Our country has gone a long way away from respecting rights and the people have given in.
