Another Brick in the Wall: The Myth of Implied Consent

“No body of men can be said to authorize a man to act as their agent, to the injury of a third person, unless they do it in so open and authentic a manner as to make themselves personally responsible for his acts. None of the voters in this country appoint their political agents in any open, authentic manner, or in any manner to make themselves responsible for their acts. Therefore these pretended agents cannot legitimately claim to be really agents. Somebody must be responsible for the acts of these pretended agents; and if they cannot show any open and authentic credentials from their principals, they cannot, in law or reason, be said to have any principals. The maxim applies here, that what does not appear, does not exist. If they can show no principals, they have none.”

—Lysander Spooner

How many of you have heard the noise that your bodily fluids belong to the government road pirates when they demand it if they suspect you of impaired driving? Somehow, they have managed to circumvent your self-ownership with legal mumbo jumbo and of course, intimidation.

I want to break this down simply.  If you did sign a form, then your local badged Orcs would have “express” written consent to chemically test you.  Most state codes ape the Federal statute and say that simply by driving on a highway in your state that you are “deemed” to have consented to have a blood or breath test.  That is, you never really consented so the State will “deem” you to have consented.

They will deem you doing so. Can you imagine purchasing or leasing any good or service and that is how you seek remuneration or warranty service if not expressly state but simply deemed. Coercion is the converse of consent, and no consent is needed to defend against invasions.

I’ve explained why voting and the fairy tale called “rule of law” have no more bearing on reality than your ability to keep everything you earn even once you assume room temperature. I’ve told you that the American tax rate exceeds 100%.

Lysander Spooner threw a grenade on this absurd idea of implied consent and blew it to hell.

“Neither law nor reason requires or expects a man to agree to an instrument, until it is written; for until it is written, he cannot know its precise legal meaning. And when it is written, and he has had the opportunity to satisfy himself of its precise legal meaning, he is then expected to decide, and not before, whether he will agree to it or not. And if he do not then sign it, his reason is supposed to be, that he does not choose to enter into such a contract.”

Implied legally means “it never actually happened.”

But the state needs to have implied consent because what sane human being would not only sign off on surrendering at the point of a gun so much wealth and resources? Who would have time for instance to read 3.8 million words in the tax code? All of Shakespeare’s words add up to approximately one million words.

James Cox avers:

Not only is the theory of “implied consent” logically flawed, but it also obviously does not describe reality. Any “government” that had the consent of its subjects would not need, and would not have, “law” enforcers. Enforcement happens only if someone does not consent to something. Anyone with their eyes open can see that “government,” on a
regular basis, does things to a lot of people against their will. To be aware of the myriad of tax collectors, beat cops, inspectors and regulators, border guards, narcotics agents, prosecutors, judges, soldiers, and all the other mercenaries of the state, and to still claim that “government” does what it does with the consent of the “governed,” is utterly ridiculous. Each individual, if he is at all honest with himself, knows that those in power
do not care whether he consents to abide by their “laws.” The politicians’ orders will be carried out, by brute force if necessary, with or without any individual’s consent.”

So if you don’t find yourself cajoled, fined, kidnapped, maimed or killed depending on your level of resistance to the government agent’s demands. So his only valid choices are either to leave the “country” or to abide by whatever commands the statist violence brokers issue logically infers that everything in the “country” is the property of the politicians. They own you but they’ve simply readjusted the optics for slavery to fit into the new century and give the plantation workers the illusion of freedom.

A tacit assumption or implicit assumption is an assumption that includes the underlying agreements or statements made in the development of a logical argument, course of action, decision, or judgment that are not explicitly voiced nor necessarily understood by the decision maker or judge. These assumptions are made based on your own life experiences, and are not readily apparent in the decision-making environment. A bird that has lived its entire life in a cage has no idea what its wings are for.

I’ll bet some of my readers pay some of these taxes, which are part of your “implied consent” package. And for those of you who say you don’t pay property taxes because you rent or you don’t pay business taxes because you don’t own a business, you are mistaken. You pay both as a sunk cost in the product or service you get in the “above ground” economy. It’s one reason why the Colorado marijuana legalization has led to a boost in sales of underground ganja in the same state.

This is not a comprehensive list.

#1 Air Transportation Taxes (just look at how much you were charged the last time you flew)

#2 Biodiesel Fuel Taxes

#3 Building Permit Taxes

#4 Business Registration Fees

#5 Capital Gains Taxes

#6 Cigarette Taxes

#7 Court Fines (indirect taxes)

#8 Disposal Fees

#9 Dog License Taxes

#10 Drivers License Fees (another form of taxation)

#11 Employer Health Insurance Mandate Tax

#12 Employer Medicare Taxes

#13 Employer Social Security Taxes

#14 Environmental Fees

#15 Estate Taxes

#16 Excise Taxes On Comprehensive Health Insurance Plans

#17 Federal Corporate Taxes

#18 Federal Income Taxes

#19 Federal Unemployment Taxes

#20 Fishing License Taxes

#21 Flush Taxes (yes, this actually exists in some areas)

#22 Food And Beverage License Fees

#23 Franchise Business Taxes

#24 Garbage Taxes

#25 Gasoline Taxes

#26 Gift Taxes

#27 Gun Ownership Permits

#28 Hazardous Material Disposal Fees

#29 Highway Access Fees

#30 Hotel Taxes (these are becoming quite large in some areas)

#31 Hunting License Taxes

#32 Import Taxes

#33 Individual Health Insurance Mandate Taxes

#34 Inheritance Taxes

#35 Insect Control Hazardous Materials Licenses

#36 Inspection Fees

#37 Insurance Premium Taxes

#38 Interstate User Diesel Fuel Taxes

#39 Inventory Taxes

#40 IRA Early Withdrawal Taxes

#41 IRS Interest Charges (tax on top of tax)

#42 IRS Penalties (tax on top of tax)

#43 Library Taxes

#44 License Plate Fees

#45 Liquor Taxes

#46 Local Corporate Taxes

#47 Local Income Taxes

#48 Local School Taxes

#49 Local Unemployment Taxes

#50 Luxury Taxes

#51 Marriage License Taxes

#52 Medicare Taxes

#53 Medicare Tax Surcharge On High Earning Americans Under Obamacare

#54 Obamacare Individual Mandate Excise Tax (if you don’t buy “qualifying” health insurance under Obamacare you will have to pay an additional tax)

#55 Obamacare Surtax On Investment Income (a new 3.8% surtax on investment income)

#56 Parking Meters

#57 Passport Fees

#58 Professional Licenses And Fees (another form of taxation)

#59 Property Taxes

#60 Real Estate Taxes

#61 Recreational Vehicle Taxes

#62 Registration Fees For New Businesses

#63 Toll Booth Taxes

#64 Sales Taxes

#65 Self-Employment Taxes

#66 Sewer & Water Taxes

#67 School Taxes

#68 Septic Permit Taxes

#69 Service Charge Taxes

#70 Social Security Taxes

#71 Special Assessments For Road Repairs Or Construction

#72 Sports Stadium Taxes

#73 State Corporate Taxes

#74 State Income Taxes

#75 State Park Entrance Fees

#76 State Unemployment Taxes (SUTA)

#77 Tanning Taxes (a new Obamacare tax on tanning services)

#78 Telephone 911 Service Taxes

#79 Telephone Federal Excise Taxes

#80 Telephone Federal Universal Service Fee Taxes

#81 Telephone Minimum Usage Surcharge Taxes

#82 Telephone State And Local Taxes

#83 Telephone Universal Access Taxes

#84 The Alternative Minimum Tax

#85 Tire Recycling Fees

#86 Tire Taxes

#87 Tolls (another form of taxation)

#88 Traffic Fines (indirect taxation)

#89 Use Taxes (Out of state purchases, etc.)

#90 Utility Taxes

#91 Vehicle Registration Taxes

#92 Waste Management Taxes

#93 Water Rights Fees

#94 Watercraft Registration & Licensing Fees

#95 Well Permit Fees

#96 Workers Compensation Taxes

#97 Zoning Permit Fees

I know, our beloved state says there isn’t a Value Added Tax (VAT) but we do have a nitrous oxide form of it called the corporate income tax that taxes every level of production in Amerika.

We all know that taxation is theft. We’ve beat that drum here before.

We also know the entire government administered “just-us” system is designed to do one thing and only thing only: maintain and expand government power at every level.

The Feds are even trying to erode your right to remain silent as tacit acknowledgement, now according to the Supremes; you have to verbally recite your wish to remain silent. In a closely contested 2013 decision, the United States Supreme Court held that prosecutors can, under appropriate circumstances, point to an out-of-custody suspect’s silence in response to police questioning as evidence of guilt. (Salinas v. Texas, 133 S. Ct. 2174 [2013].)

No shit.

My point is elegantly simple, if you didn’t sign for it or raise your hand to it, you don’t own it.

You are not liable for a debt you didn’t agree to…of any type.

But the government must maintain this fiction because it is an essential pillar to the maintenance of its power.

Fear and obedience is the brick and mortar of the state.

Implied consent is a fiction.

Negan has been in charge of America since 1791.

Wake up.

Republished with permission from Bill Buppert’s Zerogov.com

 

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Bill Buppert is a retired US Army officer living in the high desert of the American Southwest with his wife and home-schooled family. He has been a writer for a number of publications and is particularly interested in the issues of liberty, survival, shooting, and history. He has made a number of appearances including debating Dr. Daniel Walker Howe at the July 2010 Freedom Fest in Las Vegas, NV on the superiority of the Articles of Confederation versus the Constitution. He wishes to continue the abolitionist project of men like William Wilberforce and Lysander Spooner. He is the founder and publisher of ZeroGov.com

1 COMMENT

  1. I was recently stopped in Colorado and refused any tests, was arrested for suspected DUI, refused to signed the form, and refused to answer any of their questions…hire an attorney to represent me and update will follow…