Fighting Globalism with Common Law
..."Corporatization, the vehicle that drives economic globalization has relied on obedient politicians around the world to create thousands of laws which protect multinational corporations against competition from nationally owned companies and small business. This is called creating a "level playing field, a curious term considering corporations don't pay tax on their profits*. Meanwhile local businesses are burdened with high taxation and no longer protected by trade barriers. Politicians all over the world are opening their National doors to the feeding frenzy of predatory corporations and their global investors. This is occurring at a blinding pace. In 2000 there were 37,000 corporate mergers that took place world wide. The mergers have been effective, as now 51 of the 100 largest economies in the world are corporations....
....Even worse off is nearly half of the world's population, now a cheap labor source for corporations, who live on less than $2.00 per day. The World Bank has laid even more plans for them. Lawrence Summers chief World Bank economist states; "I've always thought the under-populated countries in Africa are vastly under-polluted a given amount of health-impairing pollution should be done in the country with the lowest cost, which will be the country with the lowest wages" (4). Globalization moves the money upward and the dirt down into the third world. Politicians call it "industrial reform and undemocratically impose it without authority or jurisdiction in service to the global elite....
...To make up for lost revenue from corporations' failure to pay tax, politicians have had to make new laws that affect those with already declining incomes. Goods and services tax (GST) on consumer and essential items such as milk and bread, or value added tax (VAT) has been installed by Australian, New Zealand and UK politicians by passing illegal laws (without a referendum) to which the majority of electors were strongly opposed. Despite the law's illegality most people still pay it, but increasingly more are challenging these laws successfully...
...Media has been globalized with help of our "elected representatives who are in turn "re-elected with the help of the corporate media...
...There is a growing awareness among individuals like Malcolm McClure and groups around the world that without the People's consent these laws are technically invalid. By legislating illegally - renegade politicians form renegade governments which become servants of the global government. These structures form the global government-in-waiting which has been patiently awaiting the time when the world's assets and people are to be delivered fully into its fold. The world government has set up all the necessary instrumentalities including the World Health Organization who are the global health police, the world trade organisation (WTO) which serves as trading police to ensure all corporations have a captive market for their goods even against the popular wishes such as occurs when WTO regularly threatens legal action against countries unwilling to buy genetically engineered products. The World Bank and IMF serve as the world bankers, a cabal of extremely wealthy private individuals who increasingly hold a mortgage over the world's assets, (without the owners' consent). The world congress includes the UN general assembly and Security Council, NATO as the global police, with the global judiciary being the international court of justice...
....Under Common Law a person is free to do most anything provided it does not infringe on the life, property or liberty of someone else. The Common law does not allow for any Government to prosecute or fine individuals for victimless crimes. Statute laws have arisen for this purpose, but their power is limited by common sense and by the resolve of those who would stand up for their natural rights. A person can only be fined if he has entered into or breached a contract. Under Common Law however, a contract must be knowingly, voluntarily and intentionally entered into or it is unenforceable. Government departments are aware of this and circumvent this by intimidating individuals into signing agreements that are meant to void common law rights....
...This became obvious during the past year when the Therapeutic Goods Administration (Australian equivalent of the FDA) went on a rampage against complementary medicine manufacturers. By way of "confidential agreements the TGA pressured 32 vitamin and supplement companies to sign away their rights to take legal action against the regulator for the loss of their business. The companies were shut down by the TGA while the public was told the companies "voluntarily handed in their manufacturing licence. The TGA focused exclusively on natural supplements as no drug manufacturer has been closed down...
The above is extracted from Eve Hillary's superb essay on the emerging Common Law movement. It is an absolute must read to understand globalization issues that so many of us are struggling to understand. It also points to an emerging method in dealing with this menace now and in the future...
Chris Gupta
*Here is an CBC 20 miniute interview on how "Alcan has somehow avoided paying taxes for several years now---from 1999 to 2003. And it's all perfectly legal." This is just one example of what Eve is referring too. CG
See also:
Canada Revenue Agency Class Action
Canada: Class Action Accuses Banks of Illegal Creation of Money
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Fighting Globalism with Common LawAn Article By Eve Hillary
22/4/04The Globalist Agenda
"In the next century, nations as we know them will be obsolete; all states will recognize a single, global authority - Strobe Talbot, Clinton administration Secretary of State as quoted in Time Magazine July 20th, 1992. (1)Part 1
A Visionary-Awakened by Injustice
"I will stand in the truth even if no other were to stand with me, or even if no other were to see what I see Malcolm McClure
Malcolm McClure might have completed a series of novel inventions using new physics to construct alternative energy sources, had he not been so deeply troubled by the politically turbulent times of his formative years.
Having grown up in a small Australian rural town in the State of Victoria, the young boy showed early signs of innovative brilliance through his ability to distil the simple essence from complicated theories and processes. Even as a child, his passion for astronomy and physics separated him from his peer group as he immersed himself in his own laboratory experiments and gazed through his telescope at the constellations by night. During the eighties and early nineties the adult Mr. McClure was conducting his physics research and teaching science, while a wider experiment was being conducted on the social, cultural and political fabric of the world's people and their Nations.
Before most others, Malcolm McClure sensed the wrenching social changes that swept the world in the wake of globalization. Unlike other observers, however, he found himself incapable of accepting the social injustice that accompanied such innocuous sounding policies as "economic rationalism, deregulation and privatisation. His perturbations led him to unexpectedly change his life's direction toward social justice issues. Through an attitude he calls "standing in the truth (no matter what), he has since focused his work into an original and vigorous social movement that is rapidly gaining national recognition and set to go beyond national borders. He calls his concept "non political, and exportable to anywhere. Though he accepts there are many forms of social expression, Mr. McClure's own ideal for achieving social justice does not include the usual political populist parties, think tanks, social and charitable organisations, petitions and political demonstrations. Elegant in their simplicity, Malcolm McClure''s ideas have intrigued some outspoken activists and thinkers.
Although this is the story of Malcolm McClure's stand for democracy in a world rapidly moving towards a one world government and economy, he is a man with values that sharply contrast these turbulent times. It is necessary to present the unique and complex issues of this period of history first, in the next two parts, for a better understanding of Mr. McClure's contributions. He is a man, puzzling to some, heroic to others, who consents to no tyranny from a temporal power. Malcolm McClure has resurrected the Common Law from the boundless realm of the spirit and from the Constitution and all other significant and sacred democratic human rights doctrines in which it is firmly embedded, and reapplied its principles to the urgent needs of people in the world today.
Definition of Common Law That which derives its force and authority from the universal consent and immemorial practice of the community. - Oxford English Dictionary
Part 2
The World -A Viciously Contested Prize
"The powers of financial capitalism had another far reaching aim, nothing less than to create a world system of financial control in private hands able to dominate the political system of each country and the economy of the world as a whole. Carroll Quigley, President Clinton's Professor at Georgetown University Quoted from his book Tragedy and Hope: A History of The World in Our Time.'
Globalization and its one world government have never been a secret. There were many open announcements from the highest official sources who also reminded us of its arrival by dropping watchwords such as "global governance into the language. US Council of Foreign relations member James Warburg announced as early as the 1950's "We shall have world Government, whether or not we like it.
Former US deputy secretary of State Richard Gardner stated in 1974: "In short, the house of world order will have to be built from the bottom up An end run around national sovereignty, eroding it piece by piece, will accomplish more than the old fashioned assault .The assault from the bottom up begat the largest global redistribution of wealth and power in recorded history. It is ludicrous to suggest that so many powerful individuals who were kind enough to announce the coming change in world order might not have had an organised plan. Indeed the plan becomes patently obvious when the events of the last 20 years are reviewed. Even more obvious are the laws that have been passed to erode the sovereignty of Nations piece by piece, and step by step in order to complete the work of centralising power into the hands of the elite few. This was accomplished by using specific and well defined steps. Twenty years later, it is self evident many changes did indeed occur but not with consent from the people. Without consent by democratic process the one world government has technically acted without authority.
"To consent or not consent. To submit or not submit. There are different ways you can give consent; verbal, written, implied, assumed. The principle of consent is omniscient. Consent may be deemed when you shift ground, or say nothing, or don't respond to a situation, letter or notice. Malcolm McClure
Step 1 Public Asset Sell-off
Governments have routinely cried poor prior to viciously slashing budgets for education, health care, essential services and social welfare programs. This creates a crisis, but the public, ever eager to be saved by "more efficient management in "private hands, had been carefully prepared by spin-doctors before politicians began the disposal of the public's assets during the 1980's. While voters agonized over which candidate to elect, so-called "democratic countries were in the grip of a 20 year epidemic of corporate bribes and pork-barrel politics. Politicians of all major parties passed scores of laws to enable international corporate ownership of local industries, agricultural land, banks, water and other natural resources as well as foreign ownership and takeovers of national public institutions such as hospitals, government departments, post office, telecommunications and public utilities. Government PR departments called this "global free trade, "economic rationalism, "deregulation, or "privatisation. Public assets, the wealth of the country, the sovereignty of the Nation were delivered into corporate hands. The laws used to enable the transfer were statute laws serving the interests of corporations, enacted without public debate or consent.
"Parliament [Congress] does not have power or authority to enact statute law purporting to eliminate and /or compromise a Constitutional, Common Law or Divine law right. Any attempt to enact legislation to over-rule Common law of the people without the authority or consent of the Elector's Parliaments is ultra vires its authority and/or power. Such consent can only be given by the Electors at referendum. - Malcolm McClure
Step 2- Mortgaging National Wealth
In countries governed by a Bill of Rights and a Constitution guaranteeing the government is by the people for the people, Congress and Parliaments have been busy drafting up mountains of new legislation and passing laws to allow international bankers to bankrupt, take over or merge with national financial institutions (called deregulating and touted to create wealth for everyone). This includes floating a nation's currency to remove all controls allowing money to flow freely into and out of the country (except of course if private citizens wish to internationally transfer a sum of money in excess of $10,000 in which case they are suspected of money laundering-a plausible reason for strict controls on the individual). For the word's elite however, $1.5 trillion are traded each day in foreign exchange markets, and any country's economy can be instantly destroyed through the manipulation of its floated currency. This has been shown to be useful to globalists when Populist anti-globalization movements arise. They can be instantly disposed of by global interests who can impose tough economic hardship on a country with one finger on a keyboard somewhere in World Bank headquarters.
"It is the electors who ultimately have power to try Acts passed by Parliament [Congress] and it is the electors who may judge them valid or invalid. - Malcolm McClure
Globalization-by Corporate Takeover
"Fascism should be more appropriately called corporatism because it is a merger of state and corporate power. Benito Mussolini
Corporatization, the vehicle that drives economic globalization has relied on obedient politicians around the world to create thousands of laws which protect multinational corporations against competition from nationally owned companies and small business. This is called creating a "level playing field, a curious term considering corporations don't pay tax on their profits. Meanwhile local businesses are burdened with high taxation and no longer protected by trade barriers. Politicians all over the world are opening their National doors to the feeding frenzy of predatory corporations and their global investors. This is occurring at a blinding pace. In 2000 there were 37,000 corporate mergers that took place world wide. The mergers have been effective, as now 51 of the 100 largest economies in the world are corporations.
Globalization is working well for the rich, who are getting richer. While the assets of the top three wealthiest individuals exceed the gross national product of the 48 least developed countries, 41 million Americans are medically uninsured. Even the middle class are feeling the pinch as two-income families are working longer hours. The US, once a wealthy nation with vast resources and a skilled and affluent labor force now has the highest unemployment rates in almost a decade. Homeless live openly in the streets as shelters overflow. At least 15 US cities are responding to the emergency, not by guaranteeing basic human rights and freedoms or allocating funds to house the dispossessed, but by passing laws that make it illegal for homeless persons to perform "life sustaining activities in public [such as washing and eating](3). In many US cities, homeless who breach the local bylaws because of their poverty are issued tickets by police, no doubt a new source of much needed public revenue considering multi-national corporations pay no taxes. Even worse off is nearly half of the world's population, now a cheap labor source for corporations, who live on less than $2.00 per day. The World Bank has laid even more plans for them. Lawrence Summers chief World Bank economist states; "I've always thought the under-populated countries in Africa are vastly under-polluted a given amount of health-impairing pollution should be done in the country with the lowest cost, which will be the country with the lowest wages" (4). Globalization moves the money upward and the dirt down into the third world. Politicians call it "industrial reform and undemocratically impose it without authority or jurisdiction in service to the global elite.
Meanwhile the newly generated poverty is causing a tax shortage. To make up for lost revenue from corporations' failure to pay tax, politicians have had to make new laws that affect those with already declining incomes. Goods and services tax (GST) on consumer and essential items such as milk and bread, or value added tax (VAT) has been installed by Australian, New Zealand and UK politicians by passing illegal laws (without a referendum) to which the majority of electors were strongly opposed. Despite the law's illegality most people still pay it, but increasingly more are challenging these laws successfully.
"If the statute laws do not have roots or links to a primary law right or common law right then it is deficient. There is no statute that exists between you and your primary rights. " - Malcolm McClure
Electronic Whorehouse-The Media
"We are the tools and vassals of the rich men behind the scenes. We are the jumping jacks, they pull the strings and we dance. Our talents, our possibilities and our lives are all the property of other men. We are intellectual prostitutes. - John Swinton, Journalist and Editor farewell speech at the New York Press Club
There has been little in the world's media showing former apprentices and college graduates now slinging burgers for $3.00 an hour, or entire villages getting sick after being exposed to corporate pollution or strange GE crops with foreign genes and vector viruses; no special feature on how the homeless plan to pay off their loitering fines and tickets. Globalization has brought unprecedented hardships to billions of people around the world and there's not a squeak in the media except from independent film-maker Michael Moore? It's because there are now fewer than six media corporations that control the world's images, entertainment, political commentaries, editorials in TV and newspapers. All of them form part of the global elite who had lobbied politicians to enact the Telecommunications act of 1996 in the USA and similar acts in other countries thereby doing away with protections that electors once had against media monopolies (8). The US federal communications commission, once a watchdog for unfair media practices now spends most of its time and taxpayer's money protecting the interests of news corporations from angry consumers who want truth in the media and demand content suitable for children. Media has been globalized with help of our "elected representatives who are in turn "re-elected with the help of the corporate media. Gore Vidal observes; "Plainly, the ownership of the country is frightened that the current hatred of politicians, in general, may soon be translated into a hatred of that corporate few who control the many through Opinion, as manufactured by the [New York] Times, among others. (5)
On the issue of media as an instrument of public information, Malcolm McClure asserts that biased media debates are misleading, incomplete and inaccurate and do not allow informed public debate, therefore any decisions or laws arising from such biased debate go against our common law right to obtain fair and accurate information and are therefore without merit.
Eroding it piece by piece Without Consent
Without consulting the electors, politicians around the world have signed multilateral treaties with the UN and other supranational global organisations. This is usually followed by passing an act of legislation in Parliaments or Congress that empowers the treaty into domestic law, also without consulting the electors. Most national, state and international laws written in the past 30 years have been created to serve the world's political and corporate power elite as the one world government elite sector has seconded politicians in governments around the world to create, pass, enact and ratify millions of pieces of legislation in the form of statute laws, acts, amendments, agreements and treaties. However, in most Constitutional Democracies politicians have no power but for that vested in them by the electors and the Constitution. This is the case in the US, Australia, New Zealand, Canada and other countries. There is a growing awareness among individuals like Malcolm McClure and groups around the world that without the People's consent these laws are technically invalid. By legislating illegally - renegade politicians form renegade governments which become servants of the global government. These structures form the global government-in-waiting which has been patiently awaiting the time when the world's assets and people are to be delivered fully into its fold. The world government has set up all the necessary instrumentalities including the World Health Organization who are the global health police, the world trade organisation (WTO) which serves as trading police to ensure all corporations have a captive market for their goods even against the popular wishes such as occurs when WTO regularly threatens legal action against countries unwilling to buy genetically engineered products. The World Bank and IMF serve as the world bankers, a cabal of extremely wealthy private individuals who increasingly hold a mortgage over the world's assets, (without the owners' consent). The world congress includes the UN general assembly and Security Council, NATO as the global police, with the global judiciary being the international court of justice.
In contrast to the voluminous statute laws, the Constitutions (of many democratic countries), Bill of Rights and Magna Carta elegantly frame the common laws of the community, laws that support community standards of morality, natural law and common sense. More often than not, statute laws conflict with and are in sharp contrast to Constitutional laws. The US Constitution and the Constitutions of various Commonwealth countries guarantees that the ultimate authority remains with the people who are entitled to serve no obedience to bad laws. These bad "laws serving the interests of corporations and powerful elite groups are increasingly understood to be corrupt, repugnant, unconstitutional and illegal by individuals and groups who are forming a powerful vision of post corporatism/post-globalism.
"A law in excess of the authority conferred by the Constitution is no law; it is wholly void and inoperative; it confers no rights; it imposes no duties; it affords no protection (9)
" a law repugnant to the Constitution is void John Marshall US Chief Justice.
"No legislative act contrary to the Constitution, can be valid Alexander Hamilton
"We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. --That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, --That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness. US Declaration of Independence
Part 3
Report from the World's Globalisation Laboratory-The Lucky Country
"[There is] an international race now to see which countries and companies can gain access to all these vast natural resources mostly in developing countries. Unnamed member of US National Security Agency.
Globalization has become openly visible in certain lesser populated countries such as Australia. It was noted by international editor Paul Kelly in his Australian Newspaper editorial; "The 1998 election has changed neither the pessimistic outlook of Australians nor the new status of Australia as one of the world's leading laboratories for the study of the impact of globalisation
The "lucky Country was to become the ideal social laboratory for social visionaries like Malcolm McClure to synthesize their own ideas. Thirty years ago Australia had the second highest living standard in the world. Ruggedly self-sufficient, sparsely populated and richly endowed with natural resources, Australia had a thriving agricultural and manufacturing sector, providing most consumer goods and food items to the population. Before the 1980's Australia imported relatively few products and incurred a very small foreign debt of less than 10 percent of GNP. Most families could afford at least a modest home and few women worked outside the home solely through economic necessity. Credit card debt was almost unheard of. Most businesses were Australian owned. Small businesses and department stores provided most families with consumables as well as an opportunity to chat with the local butcher, deli owner or corner shop keeper. Water, utilities, the post office, airports, hospitals, public buildings and Crown land was owned by Australians and administrated by government employees who were then called "public servants (a term now seldom heard). Politicians stayed in office at the behest of the electors and on the understanding that they would reflect the majority constituent's interests. The public expected bureaucrats to act in the public interest and to protect its health, safety and welfare.
Most Australian Universities were free and many schoolchildren were taught about the Australian Constitution and the Magna Carta which guaranteed their basic rights and freedoms. By the 1970's the country boasted the best free health care system in the world. Anyone could attend a public hospital entirely free of charge.
Australia imported, exported and traded goods freely with other countries of the world, as it had for 200 years. It had a free market system that allowed any business person to offer an array of goods and services in competition with other private enterprisers. The Australian dollar was among the most stable currency in the world.
Since the early 1980's increasing numbers of laws were passed which had their origins in the institutions of global governance and the doors to the country were thrown wide open. The solid Australian currency which was worth $1.12 to the $US1.00 dollar in 1969, was "floated onto the global money market in 1983, enabling global investors to profiteer, trade, control and set a value for the currency that had more to do with external economic control over domestic policy then the real strength of the economy. The dollar has been traded down since, never to reach its former levels. Following domestic protests or adverse comments about globalization, the international monetary institutions threatened to downgrade Australia's credit rating raising the possibility of flight capital out of the country. Since then Australian taxpayers have been forced to bail out their currency several times when international currency traders embarked on a frenzy of profit taking. It proved an effective prophylactic against a populist party and a good money spinner for global money investors.
For ten years the relative wealth and stability of Australia absorbed the changes and few were seriously inconvenienced until the arrival of predatory corporations and consortiums of global investors, the economic vehicles for one world government. The public was told that "free markets and "free trade would open up trade with the world to create untold wealth and prosperity. Unfortunately most Australians were and still are confused about the difference between free enterprise and corporatization. Gary Allen, US journalist explains the difference between competitive free enterprise and corporatism;
"A distinction must be drawn between competitive free enterprise, the most moral and productive system ever devised, and cartel capitalism dominated by industrialist monopolists and bankers. The difference is crucial: the private enterpriser operates by offering products and services in a competitive free market where consumers have numerous choices offered to them while cartel capitalists use the government to force the public to do business with them. These corporate fascists are the deadly enemies of competitive private enterprise. (2)
Since the teeth of corporatism clamped onto Australia in the 1980's, well over 45% of the farming sector has been wiped out, farms sent to the wall by the "level playing field, the arrival of corporate agribusiness forcing farmers to sell or face bank foreclosures. 90% of all business in Australia is now owned by trans-national corporations. The resulting massive downsizings over the previous 20 years cost Australians millions of lost jobs; on family farms, in the manufacturing sector and in small business. The data showing the full extent of job losses has been massaged by successive treasury departments and government spin doctors. A person is now considered officially employed if they work a few hours per week on a casual basis.
The Australian Competition and Consumer Commission, a business watchdog whose job it is to prevent unfair competition in the Australian marketplace, admitted in 1998 that, "80% of the economic activity is already managed by international corporations. The same watchdog is presently involved in prosecuting small business operators to smooth the "playing field for the big players.Australia now has a national debt of over $300 billion, including credit card debt of over 70 billion. That amounts to a national debt of $18,500.00 for every man, woman and child. With the manufacturing and farming sector destroyed Australia has had to import goods previously produced. To cover the cost of imports (the trade deficit) Australia has borrowed heavily from private international bankers who have created the loans out of nothing (a book entry) but the loan must be repaid with real money or tangible assets by real people who are losing the real wealth of their country (1). Australians and their previous governments have traditionally borrowed from their national banks for business loans and capital works in the past, but since globalisation, all future resources and capital works will be foreign owned by international bankers.
In the last decade a sell-off (privatisation) of Australian utilities, airports, hospitals, councils, and even water occurred at such blinding speed that most Australians don't know who really owns their public works or their natural wealth, or for that matter their local government departments.
Over 30% of the Australian population now live below the poverty line. Soup kitchens report an increase in demand while entire families live on the streets with the usual array of homeless; a fact previously unheard of in the "lucky country. Australia's social disintegration has been particularly noticed by those who subscribe to the country's founding ideals of having a "fair go, which is most of the skilled and previously affluent workforce.
In Australia three million statute laws govern less than 20 million people. Most of these have been created in the service of globalization.[Through our Constitution and the common law embodied therein] we give permission to politicians to only create laws that serve us - we do not serve either them or the law. Malcolm McClure
Part 4Under Barbarian Control
"Hold on, my friends, to the Constitution and to the Republic for which it stands For if the American Constitution should fall, there will be anarchy throughout the world. - Daniel Webster
Before the fall of the Roman Empire its outlying territories were beset by waves of marauding barbarians who pillaged people's homes and took over their households, their assets, and plundered their wealth and resources and polluted or burnt their belongings (sound familiar?). The 5th and 6th centuries AD had seen waves of Visigoths, Vandals, Huns and Vikings marauding and plundering through outlying territories until Rome was finally overwhelmed by a terminal economic, social and political crisis before the mighty Empire crumbled. People were at first confused and disorganised by the chaos, unable to conduct their business, until they banded into small tribal units and reverted back to basics. When disputes occurred, those units elected wise representatives among them who could be trusted to reflect the common rules, traditions and morals of the group. The Common Law was thereby applied and disputes and other business of the group was settled. This process foreshadowed modern courts today, were it not for the fact that modern statute law has become perverted by the many laws that serve the interests of those outside the group (the Nation). As per the Constitution, these statute laws are only legal if Congress or Parliament creates them with the consent of the people. That consent has not been given when laws are passed without a referendum or public debate, or by governments using biased media as the purveyors of information; this results in invalid laws created without our permission. The damage done to the early communities when, in addition to lawless invasions, there might have been a system of laws imposed by the marauding invaders, could scarcely be imagined. Instead, where the spirit of the common law took hold, communities could restore a modicum of order.
"Only the people can take away the common law right because the common law right is not owned by the Parliament, but by the people. The common law is therefore self-evident Coco vs. the Queen, 1994, Butterworth's legal Dictionary
The Meaning of Common Law
Common Law is sometimes defined as common sense, a law of ones' good conscience, a law reflecting the standards of the community. It is also perceived as an embodiment of natural law or universal law or truth. Other definitions include Common law as an easily observable truth, a law which is self evident. Common Law has also been incorporated into centuries of case-law and by the Constitutions of many countries. Under Common Law a person is free to do most anything provided it does not infringe on the life, property or liberty of someone else. The Common law does not allow for any Government to prosecute or fine individuals for victimless crimes. Statute laws have arisen for this purpose, but their power is limited by common sense and by the resolve of those who would stand up for their natural rights. A person can only be fined if he has entered into or breached a contract. Under Common Law however, a contract must be knowingly, voluntarily and intentionally entered into or it is unenforceable. Government departments are aware of this and circumvent this by intimidating individuals into signing agreements that are meant to void common law rights.
This became obvious during the past year when the Therapeutic Goods Administration (Australian equivalent of the FDA) went on a rampage against complementary medicine manufacturers. By way of "confidential agreements the TGA pressured 32 vitamin and supplement companies to sign away their rights to take legal action against the regulator for the loss of their business. The companies were shut down by the TGA while the public was told the companies "voluntarily handed in their manufacturing licence. The TGA focused exclusively on natural supplements as no drug manufacturer has been closed down.
When asked about obeying a bad law Mr. McClure answered; "It's only true if you believe it to be true. It only has power if you give it power with your consent. Malcolm McClure
Awakened by Arrow points before the Cries of Battle
"God grants Liberty only to those who love it, and are always ready to guard and defend it. - Daniel Webster
The tide of privatisation that engulfed Australia during the mid nineties, took with it many government departments which now incorporate a sometimes shadowy corporate component in what has become known as PPP or private-public-partnerships. Many Australian public hospitals became privatised when large health-care corporations moved in and bought up the public real estate for fire sale prices. These corporations promptly downsized the hospital staff and charged private patients exorbitant fees while dipping into the taxpayer's Medicare purse. Recently PPPs more often meant double dipping by hungry corporations than efficiency (10). During this era, governments often cried poor while the compliant media periodically excoriated welfare mothers and whipped up the angry mob against some unfortunate teenaged mother living on welfare while completely ignoring corporations that failed to pay billions in tax while they sucked on the taxpayer's teat. By 1997, Malcolm McClure's home state of Victoria, under premier Kennett, led other states in the public assets sell off, and so it was only a matter of time before Mr. McClure would collide with the globalist agenda.
Malcolm McClure is a thoughtful man with a gentle nature. His fair Scott's complexion, neat pony tail and solid determination make his appearance more reminiscent of the Celtic tribal warrior than a slippery citizen of the 21st century. However, his gentleness evaporates when he is indignant about social injustice. When faced with the unjust or tyrannical he appears to grow in stature before one's very eyes as he prepares to stand steadfast in his values. He becomes even more incensed when bureaucrats or politicians retreat into dogma in the face of logic. Then he prepares to argue his case all the way to the High Court if necessary.
In 1997 Malcolm McClure taught science physics and maths to bright students. One evening whilst driving home from his workplace through Lygon Street he heard on the radio that road tolls were soon to be introduced upon roads that were already established and fully paid for where no tolls had ever been before. On that trip in that moment it came upon him to stand against road tolls from entering into the state of Victoria. The right of passage, a most fundamental right was being threatened, and this was felt at his core. He had travelled regularly on that public road and had financially contributed to it as a taxpayer, as had his parents before him. In addition, he paid a petrol (gasoline) tax each time he tanked up, which the government had told the public was for the purpose of building and maintaining public roads. He discovered that only 3 cents out of every litre found its way back to road maintenance and construction, out of the 60 cents per litre that the government collected. He began to wonder where the billions had gone that were collected each year from motorists. He wondered which laws had been passed in the dead of night that allowed double dipping from the public purse. It was a defining moment in Malcolm McClure's life. The answers he found disturbed him more, including the fact that most of the money collected from the toll by CitiLink went overseas into private hands. Before too long he decided to do something about a situation that appeared to him a government scam on the taxpayers.
"You assist an evil system most effectively by obeying its orders and decrees. An evil system never deserves such allegiance. Allegiance to it means partaking of the evil. A good person will resist an evil system with his or her whole soul." - Gandhi
Destiny Calling
"Keep your eye on the Constitution because there are great protections The protection of our liberties does not ultimately depend on Parliaments or even courts. It depends on the love of the people for liberty. High Court Justice Michael Kirby
True to his determined nature Malcolm McClure taught himself the rules of democratic and electoral process. Then he gave up teaching, and stood for Parliamentary election as an independent candidate. In his spare time, he set about drafting an Act of Parliament that would guarantee the Australian People a voice in Parliament by way of an Elector initiated referendum (EIR). Mr. McClure adopted the EIR as his campaign platform. His intention was to ensure direct communication between electors and their representatives. The system would restore the true spirit and function of democracy wherein the electors would determine the laws they wanted passed or removed. This was in keeping with the democratic ideal that the "supreme absolute and uncontrollable authority remains with the people as stated in the preamble to the Australian Constitution. (Mr. McClure believes the reason for the recent government initiative to scrap the Constitutional preamble was because of the power that this passage alone confers onto the people.)
By 1998 Mr. McClure was running in 2 by-elections and a federal election. However, his campaign was stymied by the refusal of the media to grant him air time while the two major parties received massive campaign contributions from big business and maximum airwave saturation. On polling day Mr. McClure noted that there was additional discrimination against independent candidates as a result of the difficulty that voters encountered when filling out the ballot if they chose to vote for an independent candidate. Voting "below the line meant the voter had to tick off dozens of candidate preferences, and in the event of making an error their vote would be counted as a preference vote to another party. Mr. McClure gained a great deal of experience but lost the elections. He was indignant about the blatant discrimination inherent in the voting system and took his case to the High Court in 1999. (6)
The following year Mr. McClure established VOICE (Voting Organisation for Individual and Collective Empowerment) a non-profit and non-political association that would bring the elector's wishes to the government's attention. On May 27, 2000 he took his first Elector's Initiated Referendum on the road to allow the public to officially vote on issues of importance. With a small, but dedicated group of volunteers Mr. McClure set up his voting procedures along appropriate electoral rules; ballots in triplicate, voters on the electoral roll signing and receiving a copy of their ballots and ballots numerically numbered. After a year of gruelling all weather work on a shoe string budget Malcolm McClure and his team of volunteers had travelled through four out of five States, canvassing citizen's votes on issues such as road tolls, the goods and services tax (GST), GATTS, the antiterrorist act, and the petrol tax.
Despite the constant travelling involved in his direct democracy activities, Malcolm McClure researched both Constitutional and Commonwealth laws that contravened the legality of road tolls and other fines imposed by private organisations on taxpayers. He has since taken over a hundred repugnant laws to task in court by representing himself and using Common Law principles. In 1999 he won the legal right to issue his road toll exemption tickets to electors and electors conversely won their lawful right to claim exemption from tolled roads. To this day Mr. McClure has travelled on tolled roads in Victoria and has not once had to pay a road toll
While busy with social and democratic justice issues, Malcolm McClure occasionally fell behind in domestic tasks. On one occasion during 2000 he was taking his vehicle to the motor registry for re-registration, as it had expired a few days previously, when he was stopped by a police officer on the way. Despite Mr. McClure's reasonable explanation the incident incurred a fine of $500, imposed on him by the same department that now controlled the road tolls. He maintained, in years gone by, there existed a system far more flexible, where latitude was given in circumstances where persons acted with honest intention. It appeared that a system with far less emphasis on monetary fines had prevailed prior to privatisation. Mr. McClure's comment about the incident; "I objected to the onerous burdensome method with no latitude or human dignity about it. However the incident proved to be the fortunate beginnings of a legally formed alternative Common Law vehicle registry where persons can enjoy their common law rights to a one off registration with an individual vehicle number plate of their choosing inscribed with "Elector's Parliaments. In addition Mr. McClure brought about Common law licenses, a legal structure for Common law marriages where couples were not bound by legislation that enabled the state to exercise unreasonable powers over them or their children. Common Law GST tax exemption kits followed, for those who wished to be exempted from the goods and services tax which was illegally enacted, and finally, road toll exemptions for those who were steadfastly opposed to being doubly taxed. Malcolm McClure brought about these legal entities and restored other freedoms as a result of his hard won legally tested precedents in court and by way of legitimate Common Law structures. He has personally conducted over 100 cases through all levels of the judiciary. His organisation with its collective initiatives is known as UPMART.
These tumultuous times have bred scores of social justice advocates, but no one has doggedly prevailed like Malcolm McClure. He has now taught thousands how to achieve freedom from what he calls "the unjust effect of repugnant laws. He teaches seminars and Common Law courses to groups of individuals for nominal fees. He maintains this knowledge is designed to empower the individual with the basic tools of common law which in turn can be applied to most issues or disputes arising from systemic social injustice. So far thousands of individuals have embraced the common law concepts that Malcolm McClure teaches, and hundreds have waged their own successful victories both in court and out of court, over issues that had once confounded them. Some of the more confident students of Common Law have sacked their legal representatives and successfully waged their own defence. Dozens of self litigants and defendants have achieved landmark court successes on issues such as water-rights (against local governments imposing charges for rainfall on farmers' property), the right to publish information that government departments want suppressed, police brutality, excessive or arbitrary fines, and government double dipping.
Some past students however, have found it heavy going to make a determined stand and have preferred to let others do the standing. Others have abandoned the fight when the going got rough. A handful have ended up on television denouncing, not the injustices of the system but rather, the Common Law movement.
Malcolm McClure however is undeterred as he continues to travel and teach. He attributes his movement's progress to its members; "being in the right spirit.
"And if there be burden in the claiming of my rights then this burden I shall live, for by living according to my conscience and my faith I am free in my spirit. -- Malcolm McClure
__________________________________________________________________
The author asserts copyright, but this article may be distributed for non-commercial purposes. For any other purpose please contact the author at; evehillary@smartchat.net.au
Resources
www.upmart.org Malcolm McClure's website
References
(1) 22 Steps to Global Tyrany, Graeme Strachan ISBN 0-646-37459-1. Quoted under
fair use, with Thanks.
(2) ibid.
(3) www.nationalhomeless.org/index.html
(4) FEBRUARY 8. 1998 issue of The Economist "Let Them Eat Pollution."
memorandum sent by Lawrence Summers, chief economist of the World Bank, to
some of his colleagues.
(5) The Rise and Fall of the American Empire Gore Vidal
www.pcdf.org/post-corporate.htm -David Korten, The Post Corporate World, Life after Capitalism
(6) High Court of Australia McClureV Australain Electoral Commission
1999 HCA 31 (24 June 1999)
(7) Preamble to the Australian Constitution 1.1.1, p 286
(8) The New Communications Cartel, Ben, H. Bagdikian, Beacon Press,
1997
(9) Quick and Garran Australian Constitution 1.2.1 page 346. Also corresponding
section of the US Constitution.
(10) Corporate Casualties, Eve Hillary 2003
(11) An interview with an undisclosed insider.
(12) Pan founder to rebuild in Vietnam by Phillip Hudson Political Correspondent
Canberra, April 25, 2004, article in the AGE Newspaper.Eve Hillary is based in Sydney. She is a freelance medical writer and research analyst on issues pertaining to health care, environmental health and the ways in which globalization erodes Democracy.
She specializes in documenting the human impact of the politics of multinational industry, including medical and biotech corporations. She covers issues such as emerging epidemics, gene pollution, chemical pollution, government regulators, third world exploitation and the role of the media.
She is the author of Children of a Toxic Harvest: An Environmental Autobiography, and numerous articles relating to environmental health issues. Her most recent book is Health Betrayal; Staying away from the sickness industry. She is also a public speaker.
Eve has spent 25 years in health care where she has observed the medical industry at first hand from the inside.
Knowledge is power, and Eve's primary objective is to return this power to the individuals whose lives depend on it.
posted by Chris Gupta on Tuesday May 3 2005
updated on Friday July 11 2008URL of this article:
http://www.newmediaexplorer.org/chris/2005/05/03/fighting_globalism_with_common_law.htm
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