This sketch explores how TAN separates commercial users of the roads (drivers, operators) from travelers. The left column is that of the ultra vires [beyond the scope] statist status quo. The right-hand column tells the benefits of reform if Chattanooga becomes a sanctuary city from Tenn. Code Ann. Title 55.
Reform cannot be expected top down is because of the lobbies and interests surrounding the political, economic and other abuses that are systematic and some of which are not noticeable, even among moral and sensitive people.
By David Tulis / 92.7 NoogaRadio
I consider here the powerful interests that keep transportation statutes in Tennessee and other states enforced against private and noncommercial users of the roadways across the U.S.
Because of their hegemony, their control, their might makes right. The concept is repeated in a maxim of law, giving this evil system and appearance of legitimacy.
“A common error makes law, i.e., what was at first illegal, being repeated many times, is presumed to have acquired the force of usage; and it would then be wrong to depart from it.”
Why existing system meets no resistance
As we consider the prospect of traffic stop reform starting in Chattanooga (see Tenn. Code Ann. Title 55) and a ban on police activity under the transportation statute against people who are not involved in transportation, it is good to consider why the system rolls forward with no resistance.
People don’t know how to resist on the roadways. They don’t know how to resist in court. Lawyers are of no help. Judges ignore the problem.
It is difficult for people to withstand what is a rebuttable presumption. The presumption acting against the individual traveler is that he is involved in commercial activity, for profit and for hire, using the road in an extraordinary fashion pursuant to a privilege. The fact is for people such as Cameron Williams, the Chattanooga hiphop artist, or Keelah Jackson, under a “driving ban” by Judge Sherry Paty, are each a private user not exercising a privilege and are not commercial, and are not subject to Title 55 or its provisions.
Of rocks that skip, bullets that fly; the power behind the laws of nature
Maxims in equity suggest why this system cannot be stopped in a top-down fashion, because they make clear that the defiance that eventually will topple it must be in individual circumstances. The system eventually will fall because it is resisted individually, at each traffic encounter on the side of the road by a Christian or other person jealous of his God-given, constitutionally guaranteed unalienable inherent rights.
Driver by rebuttable presumption
One of the main tactics under TAN is to overthrow rebuttable presumption about the status of the person behind the wheel. By rebuttable presumption, the man behind the wheel is a driver and operator. But if he is a private user, he is merely a traveler using a private conveyance or private chattel on the road, which is free and belongs to the people as a freeway.
Here’s why resistance to cops is so difficult, and an obstacle transportation administrative notice is designed to thwart up front at every Tennessee traffic stop.
➤ “A presumption arises from that which happens very often.”
➤ “A presumption will stand until the contrary is proven.”
➤ “Consent conquers the law, i.e., the agreement of the parties overcomes the law.”
➤ “Consent makes the law, i.e., a contract is law between the parties agreeing to be bound by it.”
➤ “Consent makes the law, and removes (or obviates, or does away with any error or mistake in the agreement.
➤ “Custom is considered law.”
➤ “He who consents cannot receive an injury, i.e., what a man consents to he cannot complain of.”
Do you see where these ideas are going? Because we have consented to abuse by police departments in every city and sheriff’s departments in every county, we almost cannot complain of a vast system with its supportive combinations who people in the police-industrial complex.
➤ “He who is silent when he ought to object is considered as consenting to what is done.”
Transportation Administrative Notice creates new cause of action vs. cop, new legal defense in court
➤ “He who is silent, when he ought to speak, appears to consent.”
Title 55 traffic enforcement against the private sector is ubiquitous in Tennessee that its illegality is not understood and its immorality is seen but by a few. African-Americans, the poor, immigrants, and the category “orphans and widows” are most injured and least able to escape ruination in the court and jail system.
➤ “The road that is worn by travel is the safest.”
Police abuse by officers serving Mayor Andy Berke and Sheriff Jim Hammond is so familiar, so ubiquitous, so built into the psyche of the American citizen, that we no longer see it as a fraud upon his rights, or a damage to his future, his heirs and his posterity.
These maxims clearly apply to individual relations among future disputants and litigants who end up in Hamilton County chancery court. But because we consent en masse to policing of our private movements, we can be certain to have a wicked confrontation if we intend to stand our ground.
It is said that “miserable is the slavery where the law is vague or uncertain.” But in conflict between the people and the state over the scope and subject matter jurisdiction of Title 55, the problem is not lack of clarity in the law. The law is clear. The problem we face is policy supported by the entire white legal political establishment starting in the capitol in Nashville all the way to city council led by Ken Smith and the sheriff’s department on Market Street in downtown Chattanooga.
Policy, not law, is the offender. Court rulings, not the law, are the source of evil practice, and the police growth industry in Tennessee and its practitioners cannot at any point imagine it not running tomorrow as it has for the past 80 years.
The claims of the Transportation Administrative Notice Tennessee project are in equity and in justice, under God’s law and under the state constitution. “Wherever there is a right there is a remedy for the violation of such right.”
Source: Henry R. Gibson, Gibson’s Suits in Chancery (Charlottesville, Va.: Michie Co.,) , Vol. 2, pp 858-868. 1956
Please read more about how Chattanooga will lead the state in traffic stop reform.
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The il(legal) foundation of the administrative un(lawful) racket known as the DRIVERS LICENSE is an unlawful and illegal scheme based on CONSENT, NOT ANY BLACK LETTER LAW. When they believed you have waived any Constitutional immunity based on a Constitutional right based on the administrative law it appears they believe you waive all Constitutional protection. I believe an inalienable right cannot be waived. Why do I believe this? Article eleven Section Sixteen of Tennessee’s 1870 Constitution clearly states the government (the legislature) is totally ban from touching the BILL OF RIGHTS for any reason whatsoever. And it also clearly states that the BILL OF RIGHTS is a part of the Constitution. NO LAW INCLUDING ADMINISTRATIVE LAW CAN NOT BE USED FOR THE PURPOSE DEPRIVING THE PEOPLE OF THE IMMUNITY WE HAVE AND BE FORCED TO GIVE UP ANY CONSTITUTIONAL RIGHT. Otherwise the BILL OF RIGHTS would be worthless. At this point in time since we have a lawless government it would be in the best interest of the people too learn their rights and demand transactional immunity any time government wants our consent to accept governmental expediency, judicial economy or any short cut around the Constitution BILL OF RIGHTS. And since we do not have elected representatives that have the best interest of the people in mind they also do not have the integrity and truthfulness too obey the law they took an oath too obey and uphold. The Miranda warning is an example of what I am saying. You are immune from having to utter a single word. So keep your mouth shut. What about a warning when the government wants you too waive PROBABLE CAUSE, DUE PROCESS or any other right, for whatever reason. Would immunity be just as important for the people if the government wants you too waive probable cause and due process, search without a judicial warrant? This is what they believe you are waiving or giving away when you consent unknowingly into the administrative law realm. This is not the purpose for ADMINISTRATIVE LAW and it was never supposed to be used to destroy the immunity a private individual has based on Constitutional Rights.
Oh, by the way gove i’m not one one of your licensed officers of one of your courts. I’m not making money from this, i’m exercising the FREEDOM OF SPEECH too let he people know what a lawless government I believe we have, not been vigilant in keeping you in line. So come on people let us get busy and get this monster back in its Constitutional cage.
And by the way lawyers are not licensed to practice law. They are license to practice a privilege- an occupation- which happens to be law. It is the occupation and business that is licensed. Law just happens to be one. Can you practice law if you do not make a business out of it? That is charge money for what you do? Interesting. John
The foundation of the administrative racket that is corporate government is FRAUD. The fraud is that people are made subjects of manmade institution/corporation by some sort of natural Law.
While such a law is never produced by any corporate entity that implies it’s existence.
The truth is that when the lie is used to coerce people to outlaw themselves by contracting with a man-made corporate government, the “consent” supposedly gained is a nullity, void of Law due to fraud in the inducement to contract. All of society chants the lie that “people” are not allowed to use the public-right-of-way for their private and peaceful purposes in living, unless they transform themselves into a corporate entity, called a “driver,” by their own lawful authority as men and women, by contracting with a corporation (manmade) called STATE OF TENNESSEE.
The very corporation that presumes to “overrule” the people – living souls of Tennessee.
An idea that has no Lawful standing whatsoever in any American state. Much less the Republic state that people formed in 1796, called Tennessee.
Could this be the silver bullet for the drivers scheme?
For someone making an application for the drivers license. Tell the person that is waiting on you that you want to see the office manager. Tell the person you cannot make the application until you can see the office manager. Tell the office manager you need the answers to some questions before you can make the application.
Question No. 1. Ask the office manager (OM). WHY MUST I MAKE OUT THIS APPLICATION? He will probably say something like; YOU MUST HAVE THE LICENSE BEFORE YOU CAN DRIVE ON THE ROAD OR HIGHWAY. OR HE MIGHT SAY IT IS A PRIVILEGE TO USE THE ROADS AND HIGHWAYS.
You say: Can you show me the law that makes it a privilege for me to travel on the public roads and highways as a private individual?
HE WILL PROBABLY SAY HE CAN GET IT.
You say what else do I need the DL for? He will probably say THAT IS THE ONLY REASON.
You will ask, “Am I waiving any immunity I have as a private individual based on my constitutional rights?
If he says NO, ask No. 3. WILL YOU PUT THAT IN WRITING and show me the law SO I CAN MAKE THE APPLICATION?
Tell him you cannot make the application until he gets you what you ask for.
The silver bullet would be to not enter into contracts with a corporation masquerading as a government over you.
Since any contract you enter with the corporation is taken as your indenture of servitude, made on your lawful authority to be an “entity in commerce,” AKA “taxpayer/debtor/slave/property” of the corporate, so-called “state” that is coercing you to exercise your inherent and unlimited right to contract with other people.
Such coercion is a total and complete perversion of the American concept/foundation of “liberty for ALL”.