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Discussions; Public Archive / Re: Daniel Jones
« Last post by Dale Eastman on November 11, 2024, 06:31:27 AM »Quote from: 11 November @ 07:29
➽ I do believe I could argue that the Constitution meets the four elements of a contract, but I honestly don't want to spend that much time on that much minutiae.
When the words "but" or "however" are used as a connective in a two part complex sentence, their purpose is to erase what preceded them. For example: I do believe you could argue that the Constitution meets the four elements of a contract, However you know that if your claims are deficient I will challenge your claim's logic, facts, and basis in reality.
Translating what you just wrote, You have just given an excuse for refusal to prove your claim.
In yet another Dishonest attempt to Distract, Deflect, Divert, Disrupt, and/or Derail having to actually prove your claim, you asked: ➽ Question: Under whose authority does your definition of the elements of a contract come from?
https://legal.thomsonreuters.com/blog/the-essential-elements-of-a-contract/
https://legal.thomsonreuters.com/blog/the-principles-of-contract-law/
https://www.contractscounsel.com/b/elements-of-a-contract
https://www.legalzoom.com/articles/elements-of-a-contract
https://www.law.cornell.edu/wex/contract
https://www.contractsafe.com/blog/elements-of-a-contract
https://www.docjuris.com/post/the-elements-of-a-contract-six-essential-components
Whose authority are you using to deny the elements of a contract I have presented?
➽ In a world without laws, there is no authoritative body that determines what is, or is not, a contract.
You have failed to present the definition of "law" as you are using the term. I am sure my definition of the term "law" will not be the same as yours. I drill down on definitions to determine the specific traits, properties, attributes, characteristics & elements of the definition. Likewise I drill down on definitions to determine the specific traits, properties, attributes, characteristics & elements of the definition "law".
If you and I agree that you will pay me $20 for each time I mow your lawn, Are you going to argue that you and I don't have a contract?
➽ Answer: While it is not spelled out in a single sentence or paragraph that I am aware of, the Constitution.
I am forced to assume that without the typo and hazy referent you meant to post:
➽ Answer: While it [one paragraph or sentence of this alleged contract's terms] is not spelled out in a single sentence or paragraph that I am aware of[ in] the Constitution.
Are you going to argue that clauses (terms) in a contract do not have to be specific?
Repeating my very specific challenge to illuminate your reply:
Assuming arguendo that your opinion is a fact, please cite (copy-paste) just one paragraph or sentence of this alleged contract's terms that tell me or any other individual human what we are expected to give up in exchange for what this contract promises in return to us humans.
Your reply: ➽ The Preamble, Article VI, and the 14th Amendment, combined, can only be interpreted as requiring that we sacrifice certain of our natural rights to the system in exchange for what we receive.
The Preamble
We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.
There is NOTHING in those words telling me what I am expected to give up in exchange for what this contract promises in return.
Article VI
All Debts contracted and Engagements entered into, before the Adoption of this Constitution, shall be as valid against the United States under this Constitution, as under the Confederation.
This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.
The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution; but no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States.
There is NOTHING in those words telling me what I am expected to give up in exchange for what this contract promises in return.
Fourteenth Amendment
Section 1
All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
Section 2
Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed. But when the right to vote at any election for the choice of electors for President and Vice-President of the United States, Representatives in Congress, the Executive and Judicial officers of a State, or the members of the Legislature thereof, is denied to any of the male inhabitants of such State, being twenty-one years of age, and citizens of the United States, or in any way abridged, except for participation in rebellion, or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such State.
Section 3
No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.
Section 4
The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned. But neither the United States nor any State shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States, or any claim for the loss or emancipation of any slave; but all such debts, obligations and claims shall be held illegal and void.
Section 5
The Congress shall have power to enforce, by appropriate legislation, the provisions of this article.
There is NOTHING in those words telling me what I am expected to give up in exchange for what this contract promises in return.
Quoting just one piece of the appropriate legislation: "42 USC 1981(a): All persons within the jurisdiction of the United States shall have the same right in every State and Territory to make and enforce contracts, to sue, be parties, give evidence, and to the full and equal benefit of all laws and proceedings for the security of persons and property as is enjoyed by white citizens."
I'm not an emancipated black slave. Amendment 14 does not apply to me.