Sunday, May 16, 2010

An analysis of the proposed Occupancy Code for Collinsville, Illinois

An analysis of the proposed Occupancy Code for Collinsville, Illinois - Copy of proposed ordinance
So, what is it about a city council that makes them believe they have the right to pass an ordinance requireing anyone to procure a permit to live in their own home? Well, for one, if one claims "residency" within the corporate municipality then are then deemed to be considered to be regulated by the rules (by-laws) and ordinances which pertain only to that corporate body. Likewise, for U.S. citizens, there are no Constitutional protections since much of what regulates their behavior is codes, and regulations.

Most people do not understand what a municipality is. Here is an excerpt from a page I have which explains Municipal Law:

B. [1.2] General Concepts and Definitions

A “municipal corporation” has been defined as a public corporation created by government for political purposes and having subordinate and local powers of legislation. People ex rel.Mortell v. Bergman, 253 Ill. 469, 97 N.E. 695 (1912); BLACK’S LAW DICTIONARY, p. 1042 (8th ed. 2004). As they exist today, these public corporations can be compared with private corporations. Just as private corporations have a charter under which they are organized, so, too, municipalities have a “charter” in the sense that they are organized under the general law as it exists in the Illinois Municipal Code (Code), 65 ILCS 5/1-1-1, et seq. Just as shareholders control the operations of a private corporation by ratifying a charter and electing a board of directors, the citizens comprising the electorate control the workings of the public corporation by opting to form either a city or a village under one of the forms provided in the Code and by electing officials (city council or village board), who in turn carry on the business (government) and affairs of the city or village by passing and adopting ordinances (akin to bylaws passed by the board of directors of a private corporation).

[My Commentary] So, if we look at it in these terms, we could say that Ford is a corporation (municipality) that is owned by the shareholders (Citizens/electors) who in turn elect the Officers, or Board (City Council, Mayor...) to perform the duties set forth in the Charter which were written to control the function of the "body" in achieving the ends of the shareholder/citizen. This body, in turn, passes ordinances (By-laws) that regulate the functions of that body in meeting the objectives of the shareholder/citizen. The shareholders believe that their dividends (benefits) are being wasted on providing health care coverage to workers (City employees) who smoke, and therefore want to make Ford a non-smoking company (municipality). The Board of Ford (City council) passes an ordinance (By-law) that prohibits smoking for employees of Ford (City employees). Now, does that mean that Ford can force the smoking shareholders to quit smoking as well? No. The shareholders are not subject to the regulations governing the operation of the corporate body of Ford, the same way that Citizens are not subject to the regulations (ordinances) of the corporate body (Collinsville).

So, how do we, the People, create a government that is laid out with a charter and by-laws for the purpose of securing our freedoms and liberty, as well as performing in a collective capacity that which would be otherwise inefficient or cumbersome for us to perform individually? Why, you take up "residency", of course. Normally, Citizens retain all of their natural rights that are protected by the Constitution. However, if you want to derive any of the "corporate benefits" of the "corporation", you must become a resident of that corporation and therefore subject to the governing by-laws of that corporation. You do not need to be a resident to walk into a public library and read a book. However, in order to take that book out of the library's control and have it entrusted to you for safe-keeping and return, you must be a resident of that corporate body which subjects you to the ascribed penalties for violating your agreement with the library for the use and safe return of that book. That library card, that you have to sign (give your permission and therein claim the status of resident) your name and claim residency. That contract is then enforceable with fines and punishment for your violating any provision of that agreement.

Residents derive benefits or exercise privileges that Citizens do not. If your tax dollars are going to fund a function of government then you have paid your way and are asking for nothing more than a Citizen is entitled to. However. if you are deriving a benefit that cannot be traced to a service provided through your payment of taxes, then you are acting as a resident. Most of the things provided by government in its proper capacity are paid by our taxes, i.e.., water, sewer, trash, roads...etc. The City gets you to claim the status of resident in order to receive these services, which is a trap, but you are not automatically conscripted to the ordinances unless they specifically apply to a particular benefit derived.

Word trickery

If you read the proposed ordinance you will see a section called Definitions. What happens is, the drafters of the legislation use words which have common meanings, but used in a particular way which possess a "special" or "legal" meaning. They are terms, not words. The legislation imposes a duty, and penalties, upon persons. Are you a person? Look at the definition:

"Person means any natural person; firm; joint venture, including all participants; partnership, including all partners; association, social club, or fraternal organization, including all officers and directors; corporation, including all officers, directors and significant stockholders; estate; trust; business trust; receiver; or any other group or combination acting as a unit."

Of course, most of you will see the term "natural person" and believe you are natural and therefore a natural person. A natural person is a flesh-and-blood human being, but one which is charged with a fiducary obligation or acting as a representative for an incorporeal entity. All natural persons are flesh-and-blood but not all flesh-and-blood are natural persons.

There is a canon of statutory construction called ejusdem generis which reads:

Ejusdem generis (Of the same kinds, class, or nature)
When a list of two or more specific descriptors is followed by more general descriptors, the otherwise wide meaning of the general descriptors must be restricted to the same class, if any, of the specific words that precede them. For example, where "cars, motor bikes, motor powered vehicles" are mentioned, the word "vehicles" would be interpreted in a limited sense (therefore vehicles cannot be interpreted as including airplanes).

Look at the definition of the word person above. What follows? Firm, joint venture, partnership, association... these are not "natural" things. These are organizations of individuals, many of which are formed pursuant to an act found in statutes. Nowhere does an individual human being come into play unless they are part of a legal structure. A natural person is a flesh-and-blood human being who has taken a position or joined as a member of some other incorporeal or fictional body.

So, what does this mean? People have natural, unalienable rights. Corporations, as well as other legal fictions, do not. Constitutions are created by People to create another legal fiction called the State for the purpose of protecting their natural, unalienable rights. The State is nothing more than the People acting in a collective capacity and forming a political body. The State is not some natural manifestation which posseses some supernatural control or authority over the People. The People, being the creators of the Constitution have the power to permit artificial, incorporeal entites like corporations, partnerships, associations... to be created and therefore, make conditional their existence to the will of the people. People cannot make anybody else's existence or exercise of rights conditional.

Looking at the definition of person in the ordinance, what is being regulated are things owing their existence to a legal construct. If there is a legal nexus between the entity and the State where a registration or permit has been issued or recognized then it is a legal fiction and thereby subject to regulation. In the case of this legislation, a landlord who is a private individual owning and renting property has an obligation to provide a safe abode for his tenants and is subject to any harm caused by his neglect. He has a duty. However, as a tenant, people have the right to rent accomodations which may appear less than desirable to outside observers. Provided the landlord honors his duty to ensure there are no hazards which endanger the health or life of a tenant he has fulfilled his obligation.

I would recommend the following approach should the ordinance pass, and I believe it will because most of the people serving on the Council are ignorant, arrogant, self-serving, Oligarchs. Most of them have probably not even read the Constitution of Illinois or of the United States. What needs to happen is massive civil disobedience. If people do not possess the temerity to assert their liberty then I say they deserve whatever they get. Otherwise, I would take a property owned by a private individual, not one acting in a corporate capacity such as an LLC or other entity, and through a Quit Claim Deed take "ownership" for valuable consideration of $1 with a promise to release the property back after 30 days for the same valuable consideration. What this would do is create a nexus where I would take ownership and thereby be "required" to procure an occupancy permit to occupy the premesis. I would then take up "occupancy" and wait for the ensuing litigation. In the mean-time, I would expect an information campaign relating to this matter to be dissiminated to the public, as well as promoting the people's right to exercise jury nullification as their right. Hopefully, a jury would not convict or I would just refuse to comply, relying on legal arguments I have previously confronted various governmental bodies with. In-short, I would not comply.

I will not make myself available for such a tactic without the explicit committment of others desiring to challenge and confront this ordinance. I will also not put myself in harm's way for people who prefer their chains, but prefer them under their terms. I favor NO chains. That said, I will await contact......

Mark McCoy

1 comment:

Ha. said...

I think a good way to start is to boycott. Everything. As much as possible. Big businesses want to bleed us dry and slumlords want to take advantage of us. we aren't represented, we don't get our day or our say in court.

Instead of watching tv and taking prozak everyone needs to realize why things are the way they are. (Greed, temp agencies, slave labor, and real estate fraud. And apathy.)

The apathy has to stop. The biggest thing people can do, and the best: Stop buying. No more cheap garbage Made In China.
No more houses until it's established foreclosures won't be randomly, idiotically, wrongfully initiated.
Walk instead of drive.
The less money we spend the louder we'll be heard.