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Saturday, February 22, 2014
[Latin, Parent of the country.] A doctrine that grants the inherent power and authority of the state to protect persons who are legally unable to act on their own behalf.
The parens patriae doctrine has its roots in English Common Law. In feudal times various obligations and powers, collectively referred to as the "royal prerogative," were reserved to the king. The king exercised ...these functions in his role of father of the country.
In the United States, the parens patriae doctrine has had its greatest application in the treatment of children, mentally ill persons, and other individuals who are legally incompetent to manage their affairs. The state is the supreme guardian of all children within its jurisdiction, and state courts have the inherent power to intervene to protect the best interests of children whose welfare is jeopardized by controversies between parents. This inherent power is generally supplemented by legislative acts that define the scope of child protection in a state.
The state, acting as parens patriae, can make decisions regarding mental health treatment on behalf of one who is mentally incompetent to make the decision on his or her own behalf, but the extent of the state's intrusion is limited to reasonable and necessary treatment.
The doctrine of parens patriae has been expanded in the United States to permit the attorney general of a state to commence litigation for the benefit of state residents for federal antitrust violations (15 U.S.C.A. § 15c). This authority is intended to further the public trust, safeguard the general and economic welfare of a state's residents, protect residents from illegal practices, and assure that the benefits of federal law are not denied to the general population.
States may also invoke parens patriae to protect interests such as the health, comfort, and welfare of the people, interstate Water Rights, and the general economy of the state. For a state to have standing to sue under the doctrine, it must be more than a nominal party without a real interest of its own and must articulate an interest apart from the interests of particular private parties.
Today the federal government "mandates, orders and compels" the states to enforce federal jurisdiction upon it's citizens/subjects. This author believes the federal government draws it's de facto jurisdiction for these actions from the "Doctrine of Parens Patriae." Parens Patriae means literally, "parent of the country." It refers traditionally to the role of STATE as sovereign and guardian of persons under legal disability. Parens Patriae originates from the English common law where the King had a royal prerogative to act as guardian to persons with legal disabilities such as infants.
With the birth registration established, the federal government, under the doctrine of Parens Patriae, had the mechanism to take over all the assets of the American people and put them into debt into perpetuity. Under this doctrine, if one is born with a disability, the state, (the sovereign) has the responsibility to take care of you. This author believes that the disability you are born with is, in fact, the birth itself. I believe that when you are born, you are born free, a "citizen of the soil," an American National. Parents, without full disclosure under law, make application for a "birth certificate," thereby making the child a citizen of the corporate government known as the United States. The government then turns the new citizen into a corporation, a legal fiction, under the laws of the state. The birth information is collected by the state and is then turned over to the U.S. Department of Commerce. The corporation is then placed into a "trust", known as a "Cestui Que Trust". A cestui que trust is defined as: "He who has a right to a beneficial interest in and out of an estate the legal title to which is vested in another; The beneficiary of another." Cestui que use is : "He for whose use and benefit lands or tenements are held by another. The cestui que user has the right to receive the profits and benefits of the estate, but the legal title and possession, as well the duty of defending the same, reside in the other."
The government becomes the Trustee, while the child becomes the beneficiary of his own trust. Legal title to everything the child will ever own is now vested in the federal government. The government then places the Trust into the hands of the parents, who are made the "guardians." The child may reside in the hands of the guardians (parents) until such time as the state claims that the parents are no longer capable to serve. The state then goes into the home and removes the "trust" from the guardians. At majority, the parents lose their guardianship.
The subject of every birth certificate is a child. The child is a valuable asset, which if properly trained, can contribute valuable assets provided by its labor for many years. The child itself is the asset of the trust established by the birth certificate. "Title" to your child is now owned by the state. The state now directs the trust corpus and provides "benefits" for the beneficiary -- the corpus and beneficiary being one and the same -- the citizen -- first as child, then as adult.
The debt transfers from the death of one corpus to the birth of another through the process known as "Novation." Novation is defined as "the substitution of a new contract between same or different parties; The substitution of a new debt or obligation for an existing one; The substitution of one debtor for another or of one creditor for another, whereby the old debt is extinguished. This author believes the debt of an individual is extinguished at his death, and the same debt is then transferred to a new individual when he/she is born through the registering of the birth, thereby creating a new corpus that will again reside in the hands of the trust.
Each one of us, including our children, are considered assets of the bankrupt United States which acts as the "Debtor in Possession." We are now designated by this government as "HUMAN RESOURCES," with new such resources being added (born) continually. The bankruptcy is a receivership, rather than a discharged bankruptcy. The bankruptcy debts are serviced, not paid or discharged. The Human Resources service the debt, which continues to grow with time.
The federal government, under Title 15, U.S.C., re-delegates federal Parens Patriae authority to the state attorney generals. The attorney generals' can now enforce all legislation involving your personal life, the lives of your children, and your material assets.
In today's society the government, through the doctrine of Parens Patriae, has already instituted its control of our children through the legislative process. Medical treatments are enforced through the court with threats of loss of your child if the treatment is challenged. Vaccinations are now mandatory. Refusal may result in the loss of your child under the guise of "child neglect" (failure to preserve the trust corpus). If you spank your child or cause him/her any embarrassment or indignities, you are also at risk of having your child taken from you under the guise of child abuse (damaging the trust corpus).
Some states have legislation either pending or passed to give social workers arrest authority. School nurses may now report any suspected child abuse to the proper authorities. Warrantless searches of your home are tolerated by the courts, all in the name of safety for the child.
The Sun Sentinel, a Florida news paper, reported on March 15, 1996 that limits on the ability of divorced parents to relocate when minor children are involved were clarified by the Florida Supreme Court. The high court three years ago approved a policy favoring relocation requests of custodial parents as long as such moves are made in good faith for the well being of parents and children. Also, the justices ruled at that time, moves cannot be made "from a vindictive desire to interfere with the visitation rights of the other parent." The right of locomotion is held as an element of personal liberty. Restraint upon the right of locomotion was a well-known feature of slavery abolished by the Thirteenth Amendment. A first requisite of the right to appropriate the use of another man was to become the master of his natural power of motion. The control by government courts (supra) of an individuals' freedom of locomotion could be construed as a sign of ownership of the individual, or slavery.
It has been reported that in California, early in the year 1996, an assembly woman, in regard to education policy, made the statement "the children belong to the STATE."
Parens Patriae legislation covers every area of your personal life. Federal Parens Patriae legislation can be found in Title 15 of the United States Code:
TITLE 15, Sec. 15h. Applicability of Parens Patriae actions:
STATUTE- Sections 15c, 15d, 15e, 15f, and 15g of this title shall apply in any State, unless such State provides by law for its non-applicability in such State.
The primary responsibility of a State is to protect it's citizens from the tyranny of the federal government. The Federal Constitution claims a citizen can seek redress and protection under the 14th Amendment of the Federal Constitution for any state legislation that brings them an injury by depriving them of a civil right. A state may sue the Federal government for protection for its citizens if federal legislation violates the Constitutions of the several states and brings harm to its citizens. The 14th Amendment did not authorize congress to create a code of municipal law for the regulation of private rights. Positive rights and privileges are undoubtedly secured by the fourteenth amendment, but they are secured by way of prohibition against state laws and state proceedings affecting those rights and privileges. The amendment was intended to provide against state laws, or state action of some kind, adverse to the rights of the citizen secured by the amendment. Such legislation cannot properly cover the whole domain of rights appertaining to life, liberty and property, defining them and providing for their vindication. That would be to establish a code of municipal law regulative of all private rights between man and man in society. It would be to make congress take the place of the state legislatures and to supersede them.
However, the Supreme Court in the above case ruled that: A State may not, as Parens Patriae, institute judicial proceedings to protect her citizens (who are no less citizens of the United States), from the operation of a federal statute upon the ground that, as applied to them, it is unconstitutional.
The Parens Patriae power has been recognized and exercised from time immemorial as being under the rule of a tyrant.
Note: The Maternity Act was eventually repealed, but parts of it have been found in other legislative acts. What this act attempted to do was set up government by appointment, run by bureaucrats with re-delegated authority outside of Constitutional authority, with the ability to tax, which is in itself unconstitutional and represents taxation without representation. This type of government is in place today and is known as "Regionalism." The federal government couldn't fool the people in 1921 into surrendering their sovereignty....
Marriage License, Birth Certificates & #SSNs