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The true cost of a 'permit' or 'license' is almost always freedom and liberty

Published September 01. 2012 09:02AM

When someone questions the requirement to obtain a permit or a license, many people say: "Just get the permit (or license) and do what those in government tell you to do." or "Work within the system." In other words, "You can't fight City Hall" or "Go along to get along". Some even claim, often citing "Romans 13: 1-7" as their alleged authority, that we are not to question government at all. Not true!

What are the meanings of the words: "permit" and a "license"? Black's Law Dictionary, sixth edition, defines these two words, in part, as:

"Permit. 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."

"License. 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: "liberty", "inherent power" and "indefeasible", in part, as:

"Liberty. Freedom from all restraint except such as are justly imposed by law. … The "liberty" 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 faculties in 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." …

"Inherent 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." …

"Indefeasible. 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 laws, rules, regulations, etc., that would interfere with these secured, protected and guaranteed rights. "Excepted out of" and "shall forever remain inviolate" mean exactly what they state! (Erdman v. Mitchell, 207 Pa. 79 (1903))

By applying for a permit or license, one says to the government - "I want to do something that is unlawful or not allowed without the government's permission." and "If 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 applicable 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 made a procedural or factual error. By applying for a permit or license to exercise a right, an individual converts a God given and/or constitutionally protected, inherent and indefeasible right into a privilege which is given and totally controlled by the government.

Those in government and many others contend that a permit or license is required to insure "public health, public safety, public morals and/or public welfare." Today they often leave out the word "public" to intentionally confuse and mislead the people. The word "Public" means the entire Nation, entire State or entire Community. Our governments actually have very limited lawful authority concerning a private individual, their private property, private business and private contracts. A Citizen can lawfully do anything that does not hurt someone else, damage another's property or violate someone else's rights. These are three broad limitations. Freedom requires responsibility!

A government that fraudulently tricks its Citizens into getting a "permit" or a "license" is not a constitutional republic, but rather a "de 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, compound republic, it is "the 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, that protect individual rights and control their respective governments. In a democracy, it is rule by the majority and public opinion, or as founding father Benjamin Rush said, it is "mobocracy".

"True 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 - "Red 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 "oath of office" to follow these Constitutions (Article VI, section 3, of the Pennsylvania Constitution). We, the Citizens of Pennsylvania, must constantly demand that all of those in government strictly follow their constitutional "oath of office" in all that they do in their official capacity, at all times and in all places.

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