Private Rights

Private rights:

• Mean natural rights possessed by human beings, trusts, or entities acting as OTHER than public officers or franchisees within the government.
• Are granted by God and are irrevocable and Unalienable
• Are recognized but not created by the Constitution
• Are NOT connected with or shared with the organization or administration of the government
• Attach to land protected by the Constitution of the United States of America
• Do NOT attach to status under any kind of franchise
• Are protected by the common law and NOT by statutory law.
• Are not subject to legislative or statutory or administrative control by the government unless their exercise injures the EQUAL rights of other private entities.
• Are litigated usually in Common Law Courts and NOT in Franchise Courts
• If party mistakenly comes before a franchise court to protect a private right, the ONLY thing the court can do is dismiss the case. Any other approach represents a tort.

The ability to regulate or tax the use of private property is repugnant to the Constitution

“A body politic,” as aptly defined in the preamble of the Constitution of Massachusetts, “is a social compact by which the whole people covenants with each citizen, and each citizen with the whole people, that all shall be governed by certain laws for the common good.” This does not confer power upon the whole people to control rights which are purely and exclusively private. Thorpe v. R. & B. Railroad Co., 27 Vt. 143; but it does authorize the establishment of laws requiring each citizen [not EVERYONE, but only those who CONSENT to call themselves “citizens”] to so conduct himself, and so use his own property, as not unnecessarily to injure another. This is the very essence of government, and has found expression in the maxim sic utere tuo ut allenum non laedas. From this source come the police powers, which, as was said by Mr. Chief Justice Taney in the License Cases, 5 How. 583, “are nothing more or less than the powers of government inherent in every sovereignty…that is to say…the power to govern men and things.” Munn. V. Illinois, 94 U.S. 113 (1876)