by John-Henry Hill, M.D., Ph.D.
November 18, 2014
Revised: August 22, 2017
I recently read a news article in which a “nosey neighbor” in an up-scale neighborhood called the police to report that the woman next door was allowing her children to play outdoors in their own backyard under the supervision of their nanny, Nikki.
Nikki had been the children’s nanny since they were babies and the children clearly loved Nikki very much. However, the youngest child had the habit of crying loudly just prior to falling asleep. The parents had consulted several pediatricians and neurologists about their behavior, who all stated that the child would “grow out of it”. On the recommendation of one pediatrician, the parents attended “classes” with this infant to learn how to best deal with the situation. It was agreed that it was best to simply let this child cry herself to sleep.
The mother, an attorney, was at work. Nikki (the nanny) wandered inside and outside the house monitoring the children. The neighbor felt that the children should not be outside without their nanny or mother being present outside at all times, especially with the youngest child inside the home crying loudly as she always did just before falling asleep. The police responded, told the “nosey neighbor” that no crime was being committed, then told the Nanny Nikki, the mother and her children that they could continue what they had been doing. The police later stated that they laughed about the incident for the rest of the day.
When I was a child, our response to an interfering neighbor or anyone else would have been, “MYOB”for “Mind your own business!” My father’s response to such interference would have been, “MYOFB”for “Mind your own fucking business!!!”
Under the Common Law and the U.S. Constitution, your children are YOUR PROPERTY. (And the Common Law is the superior law in the U.S. over all other types of law in the U.S. (Equity Law and Maritime-Admiralty Law which are created by men via legislated acts, statutes, codes, regulations, ordinances by-laws, executive decrees, etc.) Your “natural rights” under the Common Law are guaranteed by the Constitution, most especially its “Bill of Rights”.
That the Common Law was and remains today superior to and supersedes Equity and Maritime-Admiralty law – both of which are legislated into existence – has been affirmed again in 1973 by the U.S. Supreme Court:
“The judgment of a court of record [a court operating under the Common Law only; NO statutes allowed] whose jurisdiction is final, is as conclusive on all the world as the judgment of this court [the U.S. Supreme Court] would be. It is as conclusive on this court [the U.S. Supreme Court]as it is on other courts. It puts an end to inquiry concerning the fact, by deciding it.” U.S. Supreme Court decision in Ex parte Watkins, 3 Pet., at 202-203. [cited by SCHNECKLOTH v. BUSTAMONTE, 412 U.S. 218, 255 (1973)]
However, the Common Law and the Constitution guarantee every adult the “unlimited and unhindered right to contract.” You waive some parental rights to the state when you sign your name (signature) on an Application for a Birth Certificate, immediately after your baby is born and before the mother leaves the hospital. Unknown to most people – especially the nurses and doctors – this SIGNED Application for a Birth Certificate is, in law, a CONTRACT between you (the parents) and the state. Through this process, you have signed over the “ownership” of that child to the state, while keeping only “equitable title” for your child. “Equitable Title” means that you (the parents) have retained the “right of use” for that child, but the state – now has “true title” or “ownership” of that child; and the state can step in any time it wishes (such as “Child Protective Services”, public schools, the police even when NO real “crime” has been committed. (A real “crime” is defined as physical injury to another person or to his property – “no injury means no crime committed.” More accurately, a real “crime” is defined as physical injury to another person’s property – but since you own your own body, your BODY is considered in law to be your property.) The state and its various agencies interfere with parental rights in order to do what the state thinks is best for its property (i.e., your child). After all, you DID sign over ownership of your child by CONTRACT when you signed the “Application for a Birth Certificate” for that child.
Similar situations exist in law in all types of transaction in the U.S. For example, when you purchase a new car, do you truly OWN that car? If you obtained from the car dealership that particular car’s “Manufacturer’s Statement of Origin”, then you have “allodial title” to that new car – meaning you have true ownership of that car. However, in most cases the car dealerships send to your state government the “Manufacturer’s Statement of Origin” for ALL the cars placed on that dealership’s lot. Consequently, when you buy that new car, you obtain ONLY a “Certificate of Title” issued by your state. This “Certificate of Title” – a type of “Equitable Title” for the car does NOT confer true “ownership” to you; it merely confers upon you the “right of use” of that car. Since you are the driving a car actually owned by your state and you possess merely the “right of use” of that car, the state can issue all kinds of rules and regulations to protect the state’s property (the car), such as highway speed limits, yearly car inspections, parking tickets, car insurance, license plates, car registration, etc., plus the payment of a yearly “excise tax” for the privilege of parking your car in your own driveway. How was this all accomplished? By your signature on the CONTRACT you signed when you bought the new car.
A second example is the purchase of a home (whether with cash or via mortgage). Even after the mortgage is completely paid off, do you truly OWN that home and the land? If you the “allodial title”to the house and land, you have true ownership of that house and land. That means that you can do ANYTHING you wish to the house or land WITHOUT the need for any permits from anyone. Why? Because you truly OWN the house and land. That was common practice in the U.S before 1933. However, in most cases you are sent ONLY a “Certificate of Title” by the bank or other lender. And, as above with the new car, this “Certificate of Title” – a type of “Equitable Title” for the house and land does NOT confer true “ownership” to you; it merely confers upon you the “right of use” of that house and land. Since the house and land are actually owned by your state and/or the federal government; AND you possess merely the “right of use” of that house and land, then the local, state and federal governments can issue all kinds of rules and regulations to protect the state’s property (the house and land), such as “minimum building lot sizes”; restrictions on home sizes for particular neighborhoods; home owner’s insurance; property taxes; home inspections for such items as “smoke detectors”, naturally occurring ionizing-radioactive gases emanating from certain types of stone just outside the basement or toxic molds growing within walls; have a well dug for your water supply; for connections to a public water supply and sewer system (if available), special permits to renovate the interior and/or exterior of the house or build additional room(s) onto the house; permits to build a small building such as a “tool shed”, to have a swimming pool built, or even to cut down trees on the land. In some towns, these government-issued restrictions also include such items as: type of lawn allowed (grass, stone garden, etc.); whether you can create a vegetable garden in back of the house; the length of the grass on your lawn; whether you may rent out a room in the house to a non-family member; substituting a crushed-stone driveway for the current cement or paved driveway – or the reverse; the extent and type of holiday decorations allowed on the house and between what dates; a special permit to cut down brush an low-hanging tree branches in your back yard and then create a small fire to dispose of them; and even the “allowable paint colors” for the outside of your house. BUT you thought that you OWNED the house and land, so WHY can you NOT do what you wish with the house and land (especially if the mortgage is completely paid off? Just HOW did the local, state and federal governments gain so much control over your house and land? Once again, the answer is by your signature on the CONTRACT you signed when you bought the house and land. I believe that the ONLY state that allows true ownership (“allodial title”) of land and a house is Texas via restrictions placed on the Texas and federal governments when Texas was being an changed from an independent, republic/nation to formally joining the U.S. as a state within the Union. But even in Texas, such land and houses with “allodial titles” are becoming rather rare. The only other exceptions are lands granted to American Indian tribes by treaty; and by houses and land long ago established by land grants from the British monarchy, then placed in a Trust and kept within the same family generation after generation. So, if you still THINK you have true “ownership” to your house and land (“allodial title”), as opposed to “equitable title” or “right of use”), try NOT paying your property taxes! Not too long thereafter, your house and land will be seized by government and sold at auction to pay those property taxes. That will confirm: 1.) your lack of “allodial title” ; 2.) your status as a “tenant” and NOT the true owner. (If you look at your mortgage application or certificate of title, you are listed as a “tenant”.)
So, what do houses, land and cars have to do with your children and interference in their lives by people outside your immediate family? Again, by your signature on the “Application for a Birth Certificate” for your newborn baby, you signed a CONTRACT waiving your natural rights of ownership of your child, granting the state true “ownership” of that child, and leaving you with only “equitable title” (“right of use”) for that child. This that child is owned by your state, but as the “user” of that child, you have a legal, contractual obligation to feed and take care of the state’s property – the child. (A fairly good analogy is LEASING a car: you have a contractual right to use that car, but you must maintain it and make repairs as necessary.
One must remember that: 1.) a valid CONTRACT is an agreement voluntarily entered into with full disclosure by both parties; 2.) when you enter into a CONTRACT with someone (whether written, verbal, implied or presumed), your natural rights under the Common Law and guaranteed by the Constitution no longer apply. An ancient Roman maxim of laws states, “The contract is the law of the case.”
OATH: An oath is the basis of all law. An oath is a CONTRACT.