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Thread: Business Owners and Lawful Money Tax Returns

  1. #41
    Quote Originally Posted by shikamaru View Post
    This is what I have learned from George Gordon and his broadcasts.

    Private business does not involve government. Private business is just that ... private between the business and the customer.
    Public business has a public interest involved and thus is subject to regulation by government.
    Keywords there are public interest.

    This also includes employment. There is no common law right to employment.
    Employment is a state regulated franchise.

    The downside of all of this is that private business is strict liability. Accepting the state franchise of incorporation and thus limited liability is an enticing benefit.
    Wonder what "type" of Private business is just that ... Http

  2. #42
    Senior Member Treefarmer's Avatar
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    Quote Originally Posted by shikamaru View Post
    This is what I have learned from George Gordon and his broadcasts.

    Private business does not involve government. Private business is just that ... private between the business and the customer.
    Public business has a public interest involved and thus is subject to regulation by government.
    Keywords there are public interest.

    This also includes employment. There is no common law right to employment.
    Employment is a state regulated franchise.

    The downside of all of this is that private business is strict liability. Accepting the state franchise of incorporation and thus limited liability is an enticing benefit.
    Thank you shikamaru.

    It would seem that ever since the people have been conned into having BCs, DLs, and SSNs, the privacy of private life and business has all but disappeared.
    Treefarmer

    There is power in the blood of Jesus

  3. #43
    Quote Originally Posted by Treefarmer View Post
    Thank you shikamaru.

    It would seem that ever since the people have been conned into having BCs, DLs, and SSNs, the privacy of private life and business has all but disappeared.
    That is correct. Most people live entirely in the public sphere (licenses, certificates, identification documents) and in commerce (bills, notes, checks, credits) with no idea or contemplation that there there is a sphere without the public and without government.

    I found a nifty treatise supporting some of what I stated, but I'd have to go sifting.
    That could be difficult being that I have over 170GB of materials.

  4. #44
    Business, trade, and employment regulated by the police powers of the state

    Source



    Employment is a contract or predicated upon a contract.
    Incorporation is a grant from the state to a person (franchise).
    A franchise is an exercise of a sovereign prerogative in the hands of a subject.

    What this all implies is regulation by government due to a public interest existing therein.
    We may consider this thought presumptive.

  5. #45
    It seems seamen are of a different class.





    Perhaps we are all treated as seamen when it comes to (public) employment?

  6. #46
    This will be found to be interesting:

    The common law right to earn a living

    Instead, Sutherland was "settling the case in terms that were as purely jural as an opinion could be." The New Deal's infringements on the right to earn a living "offended, deeply, the principles of lawfulness" (Arkes 1994, 82). Such arrangements offended the right of the individual to use her land, her property, or her talents as she saw fit. Far from being examples of judicial activism, cases such as Adkins, Yick Wo, or Lochner were instances in which the Court restrained legislative activism that abridged the right to pursue a lawful occupation--a right sanctified by at least seven hundred years of traditional protection.

    To justify the extreme sorts of regulation that constituted the New Deal, it was necessary to overcome that tradition or to deny its existence. In 1937, in the famous "Switch in Time That Saved Nine," the Supreme Court reversed centuries of common law. Whereas courts had formerly presumed against laws infringing on common-law rights, including the right to earn a living, in United States v. Carolene Products the Court held that "regulatory legislation affecting ordinary commercial transactions is not to be pronounced unconstitutional unless in the light of the facts made known or generally assumed it is of such a character as to preclude the assumption that it rests upon some rational basis" (304 U.S. 144 [1937], at 152).

    By this decision, the Court divided individual rights into "fundamental" rights and "economic" rights. Yet, as earlier generations had understood, the two cannot be separated. The "economic right" to operate a business had never been based only on economic justifications; rather, it was a form taken by the fundamental right of a person to provide for himself or his family. The spurious nature of the dichotomy in Carolene Products has been sufficiently demonstrated elsewhere (McCloskey 1962, 34-45; Pilon 1999; Siegan 1995), but it is remarkable how, after 1937, the history of the right to earn an honest living has been confused.

    With the rise of legal positivism--originated by Roscoe Pound, Oliver Wendell Holmes Jr., Louis Brandeis, and others--the very existence of such a right came to be directly challenged. In McAuliffe v. New Bedford, Holmes wrote, "The petitioner may have a constitutional right to talk politics but he has no constitutional right to be a policeman" (155 Mass. 216 [1892], at 220) This declaration is strictly correct because the common law guarantees only the right to seek employment, not the right to a have particular job, but Holmes's dictum, as Justice William Douglas would later write, "[had] pernicious implications" (Barsky v. Bd. of Regents of the State of New York, 347 U.S. 442 [1954], at 472). Roscoe Pound went further than Holmes, though, insisting that "there never has been at common law any such freedom of contract as [cases such as Lochner or Butcher's Union] postulate." Pound argued that the individual had no right, "by contract, [to] impose substantial restraints upon his [own] liberty" because "[f]reedom to impose these restraints, in the hands of the weak and necessitous, defeats the very end of liberty" (1909, 470-72). In other words, the poor could not be trusted with the right to decide for themselves the number of hours they wished to work.
    Kens argues. "Nowhere does the Constitution expressly guarantee a right to engage in a trade or profession" (1997, 117).
    Engaging in a trade or profession affects a public interest.
    Legislature can just as easily classify a given type of labor as 'a trade, profession, or occupation'.

  7. #47
    Right to work

    Lee v. Delmar, 66 So.2d 252, 255 (Fla. 1953): restrictions on real estate salesman void:
    “The right to work, earn a living and acquire and possess property from the fruits of one's labor is an inalienable right. There may be certain trades, professions or occupations so clothed with the public interest that they may be regulated by the Legislature in the public interest. When any business, occupation or profession is so clothed with the public interest, then the Legislature must provide the yardstick for such regulation.”
    Employment ... public interest ... regulation ... taxation

  8. #48
    Senior Member Treefarmer's Avatar
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    Quote Originally Posted by shikamaru View Post
    It seems seamen are of a different class.





    Perhaps we are all treated as seamen when it comes to (public) employment?
    To the extent that we are treated as persons, or vessels in the sea of admiralty, I think you have a valid point there.
    Treefarmer

    There is power in the blood of Jesus

  9. #49
    Senior Member Michael Joseph's Avatar
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    and Moses stretched out his staff before him and called on the Name of God and the waters parted and they went over on dry ground. It is a matter of Faith and Trust.

    For I go out in the ways and forage for my family in Husbandry to Assembly and then I return. For a man who will not take care of his family is worse than a heathen.

    Isa_43:26 Put me in remembrance: let us plead together: declare thou, that thou mayest be justified.

    plead = H8199
    שׁפט
    shaw-fat'
    A primitive root; to judge, that is, pronounce sentence (for or against); by implication to vindicate or punish; by extension to govern; passively to litigate (literally or figuratively): - + avenge, X that condemn, contend, defend, execute (judgment), (be a) judge (-ment), X needs, plead, reason, rule.

    ----------------------

    Consider the report at the End of the First Age and the Beginning of this Flesh Age - "Let US make man in OUR image". Is this not pleading together? Both the judge and defendant are in agreement. And what is TOTALLY amazing at least to me is that the Judge agreed to the same sentence -

    In the image of God made he Him: Yehoshuah/Jesus is the Express Image of God : male and female made he them [mankind].

    If you have seen the Son you have seen the Father. Therefore we have the appearance in this age as we did before. We remain in our image.

    What Judge executes a sentence that he himself is unwilling to follow? Therefore the Judge is not above the Law. And is not immune.

    Deu 32:31 For their rock is not as our Rock, even our enemies themselves being judges.

    A King cannot annul his word. For example see Herod [John]. There are numerous other examples - in Daniel and his three fellows.
    Last edited by Michael Joseph; 06-08-12 at 06:04 PM.
    The blessing is in the hand of the doer. Faith absent deeds is dead.

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  10. #50
    Other keywords involved in this whole topic: occupy, use, public interest, regulation, police powers, licensing power, commerce, permit, administrative courts

    These keywords are also associated with the term license as well ......

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