SuiJurisForum

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wserra
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Re: SuiJurisForum

Post by wserra »

grndslm wrote:But the FIRST AMENDMENT carries enough lawful impact to put my religious beliefs above any statutory "obligations" or "rules of court" that you think I'm bound by.
Hardly so. "The right of free exercise does not relieve an individual of the obligation to comply with a valid and neutral law of general applicability on the ground that the law proscribes (or prescribes) conduct that his religion prescribes (or proscribes)." Employment Division, Oregon Department of Human Resources v. Smith, 494 U.S. 872 (1990), citing United States v. Lee, 455 U.S. 252 (1982). The Smith case involved use of peyote in a religious ceremony. Other Supreme Court cases on the subject involve the practice of polygamy, Sunday closing laws, the draft, paying taxes and more. In general, if a law applies equally to everyone and does not target a particular religion, the Free Exercise Clause provides no defense to violating it.

Y'know, a couple of years ago I posted on Suijurisclub for a couple of weeks. After initial suspicion, most of the people with whom I interacted there were polite. However, it became clear that almost everyone in communities like that one has ideas as to what they wish the law to be. They then confuse their wishes with what the law actually is. Perhaps you noticed that responses to you here contain citations to various provisions of law - cases, statutes, clauses from the Constitution. Thus far you have cited almost nothing - and, when you cite something very general (like the First Amendment, above) in support of a specific proposition, you are easily shown to be wrong.

There is a reason for that.
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Re: SuiJurisForum

Post by Prof »

grdslm's fundamental misunderstandings (plural) are too many to address, so I would like to try to address just one of those misunderstandings.

grdslm wrote, in at least partial response to my request for a response:
Anything beyond that and you're going to need my consent, I'm afraid. "'People' have to submit to statutes all the time", sure.... because they want a nice J-O-B or B-E-N-I-F-I-T. I'd rather grow my own fruits and vegetables, raise my own chicken & goats, build my own automobiles, defend my own rights, worship my own God, live with my own wife & kids, etc... all without government assistance, thanks.

As for "the alternative being 'anarchy'", I'd have to disagree with you there. I prefer the term, "anarchism", as a method for reaching statelessness... and there are MANY forms of anarchism. I prefer Libertarian-Socialism, as there is still a Platform, or Constitution if you will, of basic rules.. and all the people are involved, if they so choose, in Direct Democracy. The main premise is to destroy the concentration of power, as THAT is the main problem with current societies.
To begin, people do not have to submit to statutes for a job or benefit. The laws concerning speeding, for example, don't "care" about your job. Obeying those laws confers no benefit, unless the benefit is not to be arrested and perhaps incarcerated or certainly fined for disobeying those laws.

Many statutory and common law rules are premised upon neither jobs or benefits. The history of common law crimes, for example, would not show that the obedience to criminal law was required to protect a job or a benefit, unless, of course, the benefit for compliance is to continue to live. Originally, common law crimes were mostly hanging, branding, whipping or mutilation offenses; in fact, almost all felonies, as that term was originally used, were death peanlty offenses. The Quakers invented the prison or "penitentiary" where criminals were imprisoned in order to repent.

The statutory benefit conferred by a statute prohibiting sex with a minor has nothing to do with a job or benefit.

grdslm does state that he favors anarchy, or, as he puts it, anarchism. Anarchism is really Christian Anarchy; the term was coined to describe the type of anarchy or stateless society described by Tolstoy in The Kingdom of God Is Within You. Many of grdslm's ideas seem to be taken for Tolstoy's work, including the idea that Jesus' teaching should form the foundation for the "laws" of a just, stateless society.

Historically, such concepts have failed, even with homogenous societies -- see, e.g., Tolstoy's own Czarist Russia. See also Somalia. This is simply because God is perfect but his representatives and followers here on Earth are generally not.

The U. S. is not a homogenous society. We have many variants of Christianity itself, many Jews, Native Americans, some number of Moslems, Hindus, Bahai, etc. All have differing views of the Laws of God. Of course, many Americans do not believe in God and are indifferent theologically to the teachings of Jesus (although non-believers may certainly agree with those teachings, non-believers are not required to agree).

The concept of libertarian-socialist anarchy is somewhat interesting. As best I can tell, the concept involves volunteerism without private property (property ownership allows the accumulation of wealth and the exclusion of others). How that would work in grdslm's ideal world is unclear. He says:
I'd rather grow my own fruits and vegetables, raise my own chicken & goats, build my own automobiles, defend my own rights, worship my own God, live with my own wife & kids, etc... all without government assistance, thanks.
I doubt that he could build his own automobiles without assistance but how would he get assitance without accumulating private property to sell or barter for the metal, parts, skills necessary to build such a machine. How could he defend his own rights without help, if more than one of his neighbors wants to take his goats, wife, or kids. (There is a really bad pun lurking here.) This sort of maudlin musing forgets that governments exist, in part, because people banded together for protection from other people who wanted to take their goats, wives and kids.

The right to worship one's own God is also frequently dependant upon collective (e.g., governmental) protection from those who would prevent worship of another God -- see, e.g., the Old Testament and the Moslem world.

Also, your vision of God may not be acceptable to others. For example, if you want to worship Satan and engage in ritual human sacrifice of persons of another religious group, you may be subjected to some form of "regulation." (For example, your neighbors may decide to exterminate you and yours.)

I'm sorry, grdslm, but ultimately, your answers to my questions were not very satisfactory. Your view of the law, as others have pointed out more ably than I, is pretty much just wrong.

And, your legal/social structure, anarchism, simply does not work in the real world any better than literal anarchy. Liberterian-socialist-anarchy is even more difficult to conceive in a world where folks have different religions, beliefs, needs, and goals.

Governments, even the most primitive, exist to coerce cooperation between individuals for the common good. Without coercion, history teaches that cooperation fails.
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Re: SuiJurisForum

Post by Arthur Rubin »

Prof wrote:How could he defend his own rights without help, if more than one of his neighbors wants to take his goats, wife, or kids. (There is a really bad pun lurking here.)
Definitely b-a-a-a-a-a-d.
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Re: SuiJurisForum

Post by Pottapaug1938 »

CaptainKickback wrote:grndslm also sounds very dangerously close to being a patchouli using, tree hugging, back to the earth, hippy-dippy type.
I took him for the trailer-park, Chevy on blocks, beer cans all around the property, "I don' wanna do that, an' you can't MAKE me!" type.
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Re: SuiJurisForum

Post by grixit »

Say what you like about burdensome regulations, i am glad that a person's right to build their own automobiles is subject to my right not to have loud and dangerous machinery, welding sparks, toxic solvents, etc, next door to me.

Though i might be open to letting their goats trim my yard once a month.
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Re: SuiJurisForum

Post by Nikki »

grixit wrote:Say what you like about burdensome regulations, i am glad that a person's right to build their own automobiles is subject to my right not to have loud and dangerous machinery, welding sparks, toxic solvents, etc, next door to me.

Though i might be open to letting their goats trim my yard once a month.
Let's add to that, my right to be sitting at a red light and NOT be a**-rammed by his home-built crate with non-functional brakes.
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Re: SuiJurisForum

Post by grndslm »

To the Prof...

I was skimming thru the posts at the top of this page, and one thing caught my eye about how you said Libertarian-Socialists don't believe in private property. That's simply not true. Individuals get private property; Property used for the means of production should either belong to all people of the society, or what I prefer... to all workers of the "plant of production". They all control the system thru open source technology/platforms designed to be both efficient and effective templates for any business to take off and aid in competition, even if that means FORKING good info, as opposed to patenting "algorithms".

Anyway... other than that, yes, Nikki... public safety is a concern. And you should be on the lookout for homemade automobiles and take safety into your own hands by checking the safety ratings of your own vehicle, buckling your own seat belt, and insuring your own vehicle since you're required to by law anyway.... after you've registered it or bought it from someone else who's registered it.

But yea... public right of way is public.
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Re: SuiJurisForum

Post by Nikki »

grndslm wrote:Anyway... other than that, yes, Nikki... public safety is a concern. And you should be on the lookout for homemade automobiles and take safety into your own hands by checking the safety ratings of your own vehicle, buckling your own seat belt, and insuring your own vehicle since you're required to by law anyway.... after you've registered it or bought it from someone else who's registered it.
And what good does all of that do when the brakes on your home-built car fail and you t-bone me killing my children?

Sorry, popfly, I much prefer that a qualified agency determine the fitness of a vehicle to navigate the public rights of way and take whatever action is necessary to get unsafe vehicles off of it.

On the other hand, perhaps I should be on the lookout for homemade automobiles -- and squash them like bugs with my very own armored personnel carrier. After all, they're wearing their seat belts, aren't they? No police, so what should I care?
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Re: SuiJurisForum

Post by Gregg »

If he never agreed to the law of gravity, let's take him to the top of a really tall building and see how it doesn't apply to him.
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Re: SuiJurisForum

Post by Gregg »

CaptainKickback wrote:By the way, any clown could (in theory) build their own car and take it out on the road. They can do that. The LEGALITY (not to mention safety) of it is a completely different matter.

Also, you can build your own car AND (at least in CA) there is a process to have it certified road worthy, complete with registration and licensing. I mean with custom hot rod builders that take a frame and add all new parts, there has to be a method to make those sweet rides street legal. Right?
My '32 roadster has exactly one part that was made in 1932, the front axle. The engine is a '52 flathead, the tranny is from a late eighties Crown Vic, the rear end is from a 92 Explorer and the rest are reproduction parts, and I built it myself. Brand new frame, new steel body. Some people go to car shows where people sell old but still valid titles (on old fords the only VIN was stamped on the tranny, not the chasis or engine) which is not technically legal but it does work for pre-war cars. The ''legal'' way to register a reproduction is involved in most states (Ohio is a real PITA BTW) but its doable.
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Re: SuiJurisForum

Post by grndslm »

CaptainKickback wrote:
grndslm wrote:To the Prof...

I was skimming thru the posts at the top of this page, and one thing caught my eye about how you said Libertarian-Socialists don't believe in private property. That's simply not true. Individuals get private property; Property used for the means of production should either belong to all people of the society, or what I prefer... to all workers of the "plant of production". They all control the system thru open source technology/platforms designed to be both efficient and effective templates for any business to take off and aid in competition, even if that means FORKING good info, as opposed to patenting "algorithms".
In short, you seem to be advocating "workers owning the means of production." Or a variation of "from each according to their abilities and to each according to their needs." - ideologies that except for certain specific circumstances have not really worked out in the real world.

Although co-ops involving food products seem to do okay
No...

"Workers owning the means of production" does NOT equal "from each according to their abilities", and I'm really curious as to how you could equate the two, quite frankly.

Don't work? Then you don't get a thing. If you work in an industry that "slaves" its employees (doctors and ship captains come to mind), then you deserve more.

All you need to understand is that Boss Hog and his family are going to actually have to start working... and at the same rate that everybody else in his company is working for, as a matter of fact [technically a "matter of preference" since none of this is written in stone].
Gregg wrote:If he never agreed to the law of gravity, let's take him to the top of a really tall building and see how it doesn't apply to him.
Who doesn't agree to Divine Law and Natural Law??!?!? Do you really need me to find the hierarchy of law again??
CaptainKickback wrote:By the way, any clown could (in theory) build their own car and take it out on the road. They can do that. The LEGALITY (not to mention safety) of it is a completely different matter.

Also, you can build your own car AND (at least in CA) there is a process to have it certified road worthy, complete with registration and licensing. I mean with custom hot rod builders that take a frame and add all new parts, there has to be a method to make those sweet rides street legal. Right?
I'll give you a hint... Motorized bicycles are NOT "motor vehicles".

Heck, in my state, even a regular ol' "automobile" is NOT a "motor vehicle". Nowhere in Title 63 of the Mississippi Code is the term "automobile" found. Coincidence???

As for a "regular" ol' kit car, I can guarantee you I wouldn't register one if I assembled it myself. I would take their metal plaque w/ fill-in-the-blank lines for Manufacturer, Manufacture Date, VIN No., etc.... and think wisely about how I filled those in. As for brakes, you best believe that will be solved within one block, likely within one driveway.
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Re: SuiJurisForum

Post by obadiah »

Workers owning the means of production" does NOT equal "from each according to their abilities", and I'm really curious as to how you could equate the two, quite frankly.

Don't work? Then you don't get a thing. If you work in an industry that "slaves" its employees (doctors and ship captains come to mind), then you deserve more.

All you need to understand is that Boss Hog and his family are going to actually have to start working... and at the same rate that everybody else in his company is working for, as a matter of fact [technically a "matter of preference" since none of this is written in stone].
See the 20th Century Motor Company. A bit over the top but illustrative.
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Re: SuiJurisForum

Post by wserra »

Giving the returning "grndslm" another opportunity to ignore questions s/he can't answer.

One:
grndslm wrote:I've had success with challenging subject-matter jurisdiction the day of the de novo trial.
Cite, please? It isn't in the thread to which you link. Court, caption, docket/index number.

Two:
grndslm wrote:I prefer many other types and forms of Law than private U.S. law...
What might they be? And what is "private U.S. law"?

Three:
Prof: Is one of these forms of law what you prefer, grndslm? Could you identify the country or area where your "preferred" form of law is in use?

Four:
grndslm wrote:...
Are you trying to tell me that Subject-Matter Jurisdiction *isn't* a secret? EVERYBODY knows about it??

Gimme a break!
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Re: SuiJurisForum

Post by Prof »

grndslm wrote:To the Prof...

I was skimming thru the posts at the top of this page, and one thing caught my eye about how you said Libertarian-Socialists don't believe in private property. That's simply not true. Individuals get private property; Property used for the means of production should either belong to all people of the society, or what I prefer... to all workers of the "plant of production". They all control the system thru open source technology/platforms designed to be both efficient and effective templates for any business to take off and aid in competition, even if that means FORKING good info, as opposed to patenting "algorithms".

....
The economic system described is syndicalism -- see the IWW. Workers seize the plants they work in and operate same for their own benefit. How capital for improvements, replacements, etc. is acquired is a serious question. The remark addressed to "soft" assets, including OS's, programs, etc., seems somewhat contradictory. If workers as Micro-Soft take over, why wouldn't those workers want to do what the current (stockholder) owners want to do, which is preserve ownership of assets produced by the "factory" until paid for those assets?

How this works in agriculture would result in collectivism on the old European model from the Middle Ages, I suppose, under which some property is operated in common -- pastures, mills, etc. -- and crop acreage is farmed either co-operatively or not. An excellent model for a pre-modern village system. The issues which would be raised in an era of large farms (including those privately held) are obvious. Again, there is the question of where capital comes from to purchase equipment and other necessary components of large scale agriculture. How do the goods get to market, etc.?

Sydicalism, Industrial Syndicalism, or the anarchist versions of those economic models, are nice to idealize about and absoutely unworkable. That is why no country or large group has ever tried those theoretical approaches to economic and social organization.

See the history of the IWW and in particular William "Big Bill" Haywood.

gndslm, if you are going to discuss these economic dead ends, you need to do a lot of reading about anarchism, syndicalism, and history, as well as modern economic history, in order to understand what you are talking about and the problems and issues with those theories.

In a way, all wanted to go back to an agrarian, small farm, village world. The best example would the Agrarian Movement in the post-WWI South, centered at Vanderbilt. Read I'll Take My Stand -- I'll bet it will appeal to you.
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Re: SuiJurisForum

Post by grndslm »

Prof...

My version of Libertarian-Socialism (there are many; I have emailed Noam Chomsky, and his version is slightly more syndicalist) is more "platform-based". This is where I veer from most anarchists, in that I think we should be agreeing on rules, and only the rules that all agree on should become rules.

For example, can we all agree on what liberty is...
Thomas Jefferson wrote:Of liberty I would say that, in the whole plenitude of its extent, it is unobstructed action according to our will. But rightful liberty is unobstructed action according to our will within limits drawn around us by the equal rights of others. I do not add “within the limits of the law,” because law is often but the tyrant’s will, and always so when it violates the right of an individual.
???

Anyway, my view of Libertarian-Socialism is voluntary and "suggestively" organized. Say, kids are graduating from high school. They see guidance counselors to decide what they'll focus on in college. Those guidance counselors are going thru a checklist of material, which a computer could do to assist the student in selecting a career path.

Same with loan agents at a bank. They go thru a checklist that a computer could replace.

Same with most jobs. They're just "if-then" functions.

Let's take a look at a business that is owned by all its employees instead of Boss Hog. McDonalds would be a great example. Instead of one man making $250,000 to himself, even tho he distributes most of his work to the store managers and general managers.... take the 10 best employees and distribute that $250,000 among them, in addition to their current salary. So now we have 10 employees working for $45,000 or so a year. Do you think McDonalds would have such a high turnover rate with such economic outputs?? I don't. What employee making that much WOULDN'T want to take control of the business and effect even better service and more economic output??? Ten times the owners = ten times the innovation??

How could it all be managed, you'll ask yourself, while looking to past forms of anarchism instead of the future. Past generations have never had technology in place to form anything like a Direct Democracy. For a business, each individual restaurant should let their workers vote on the issues, but certain issues would be required to have x percentage before approval, similar to how our constitution works.

How would a Libertarian-Socialist government work?? There'd be a Third House of Congress, which would be made up entirely of "Internet Voters". The purpose is to create MORE gridlock, which we don't have enough of anymore with the melding of political parties. If the Senate, the House of Reps, *and* Internet Voters do not vote in lockstep... then it doesn't become law. What's not to like?

Things don't have to be just black or white, or 50/50.

33/33/33 can work, can't it?

Five presidents can work instead of one, can't they?

90 percent of states overruling the Federal government should produce results in line with the vast majority of states, shouldn't it?
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Re: SuiJurisForum

Post by grixit »

5 Presidents is a Directorate, which gets replaced by un Empereur.

The states already can "overule" the federal government, since federal legistlation is made by people representing the states. Also, it only takes 38 simultaneous state resolutions to dissolve the Union.
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Re: SuiJurisForum

Post by Prof »

I agree with grixit-- this sort of co-operative organization is probably what most primitive tribes actually have -- government by consent; limited private property, etc. Unfortunately, this does not seem to work on a larger scale. Show me a society without a real government and I wll show you the terrible results -- see, e.g., Mexico.

Government is necessary for protection and regulation and organization. Why would a co-operative in California support the erection of a bridge in Maine or a road in Wyoming?
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Re: SuiJurisForum

Post by Pottapaug1938 »

Prof wrote:I agree with grixit-- this sort of co-operative organization is probably what most primitive tribes actually have -- government by consent; limited private property, etc. Unfortunately, this does not seem to work on a larger scale. Show me a society without a real government and I wll show you the terrible results -- see, e.g., Mexico.

Or Somalia....

Government is necessary for protection and regulation and organization. Why would a co-operative in California support the erection of a bridge in Maine or a road in Wyoming?
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Re: SuiJurisForum

Post by grndslm »

grixit wrote:5 Presidents is a Directorate, which gets replaced by un Empereur.

The states already can "overule" the federal government, since federal legistlation is made by people representing the states. Also, it only takes 38 simultaneous state resolutions to dissolve the Union.
38 simultaneous state resolutions would be unconstitutional times 38.

It is unconstitutional to "dissolve the Union". Any state (and all of its legislators, esp.) will be marked as traitors, and any insurrection will, itself, be dissolved.
Prof wrote:I agree with grixit-- this sort of co-operative organization is probably what most primitive tribes actually have -- government by consent; limited private property, etc. Unfortunately, this does not seem to work on a larger scale. Show me a society without a real government and I wll show you the terrible results -- see, e.g., Mexico.

Government is necessary for protection and regulation and organization. Why would a co-operative in California support the erection of a bridge in Maine or a road in Wyoming?
The reason that these things have never been possible before is that we never had the tools for such organization on a massive scale.

With the Internet. With smartphones in everyone's pockets. Tablets, Netbooks, Notebooks, Laptops, Desktops, etc. are had by most people in "THE STATES". And if they do not have one such device, they can find one at their local library. With these ubiquitous tools... we could eradicate corruption from government if we truly wanted.

If such a platform (start with a forum) were created by THE STATE, then we would be far more efficient and effective at confronting issues and resolving problems. Then you start adding in more features to the forum beyond simple "posting", such as "rating comments", "rating threads", so that the cream rises to the top that much faster than our bureaucratic paper society permits.

The closest society that would be able to enact such a government today would be South Korea. Australia is the country that gave me the idea of a Third House of Congress -- Internet Voters. Not sure what they did with the idea, but I recently saw that folks in Spain are creating such a system of government with both a representative democracy and direct democracy merged together. They used the term "liquid democracy" to describe it. Here is linky --> http://www.suijurisforum.com/internet-b ... html#p6466
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Re: SuiJurisForum

Post by JamesVincent »

Thats interesting. A friend of mine is an old school programmer and developed an internet based voting system that can be used on a 24 hour basis or just to replace the polling machines of today. His total idea included being able to have everyday Joe Schmoes interact with their congress critters as the votes are being called for and enable some sort of hope of being heard. The only problems being, and he has run into a lot of flack over it, that A: the critters DONT want to know what real people think and B: no matter how you secure something, someone will always tell you that its not secure, unless your the CIA, then you just use it anyway.
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