Our rights, which were given to us by our Creator and protected by the United States Constitution, are treated as privileges and being taken away from us via legislation, as well as through the courts. To demand and protect them, we must understand the difference between rights and privileges as set forth in the U.S. Constitution.
A right is something that cannot be taken away from you. It is absolute. You have them because you were created in God’s image. You were given your rights by God and they are protected by the U.S. Constitution. Our Founding Fathers created the Constitution to form “a more perfect union” to protect our rights.
A privilege is something that is granted or given to you. Because a privilege is given to you from someone else, it can be taken away from you. The Constitution grants privileges to certain people, corporations, and other artificial entities. These privileges can be taken away.
You can voluntarily surrender your rights. One example is when people enlist in the U.S. Army. By doing so, they give up some of their rights. They become subject to a Military Court and all their rights, as guaranteed by the Constitution, may not apply. However, your rights cannot be taken away from you involuntarily, although the courts may take them from you because you are in the wrong.
It is important to realize that some courts protect your rights while other courts rule on privileges. You may not have all that is guaranteed by the Constitution in some courts. Different courts are governed by different procedures and laws. It is important to validate the jurisdiction and rules of these courts.
There are courts that receive their authority from Article I of the Constitution. These courts are set up to govern entities, such as corporations, trusts, specific people, and other legal entities. They also govern territories and non-citizens. The Constitution states that Congress can “constitute Tribunals inferior to the Supreme Court.” These are administrative courts that are in place to determine and judge the administrative law.
Other courts receive their authority from Article III of the Constitution. It states that, “The judicial Power of the United States, shall be vested in one Supreme Court, and in such inferior courts as the Congress may from time to time ordain and establish.” It also states that, “The judicial Power shall extend to all cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties…”
Notice that Article III guarantees the protection of Constitutional rights, whereas Article I grants privileges, not rights and states that these are inferior to the Article III courts. Therefore, you may not receive what is guaranteed by the Constitution contained in the “Bill of Rights” in Article I courts. These courts are administrative courts operating like a “fourth branch of government.”
The fourth branch of government consists of agencies, which create policies, enforce, and adjudicate those policies. This fourth branch of government violates the separation of powers, which is the foundation of our Constitutional government. In the Declaration of Independence are these words, “Our repeated Petitions have been answered only by repeated injury. A Prince, whose character is thus marked by every act which may define a Tyrant, is unfit to be the ruler of a free people.” Thus, the fourth branch of government, acting outside its jurisdiction, becomes a Tyrant.
It is easier and cheaper to just pay a fine or tax, but little by little, we are giving up our God-given rights. We cannot let our rights be treated as privileges and have them taken away from us. When in court, inquire about the jurisdiction, and where applicable, challenge it. Demand your Constitutional rights. When exercising your right to vote, you should have the courage to refuse to vote for someone who broke their oath of office or their campaign promises. As such, refuse to vote for a judge who ignored the Constitution. Do not let your rights become privileges. If you allow them to become privileges, they will be taken away from you and you will be left with neither.
Opinion and Blog by Tom Jones
Edited by Leigh Haugh