Time: Sat Feb 15 19:10:34 1997
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Delivered-To: liberty-and-justice-outgoing@majordomo.pobox.com
Date: Sat, 15 Feb 1997 19:01:35 -0800
To: liberty-and-justice@pobox.com
From: Paul Andrew Mitchell [address in tool bar]
Subject: L&J: Right to property

At 03:04 PM 2/15/97 -0700, you wrote:
>On Sat, 15 Feb 1997 07:41:10 -0500 (EST) J. Frank <P35HP@aol.com> wrote:
>
>> Subject: Re: [Fwd: Re: ComLaw> The "privilege" of driving on Portland's
>streets]
>
>> Deliver me from fools and anarchchists. Where oh exalted legal
>> scholar does the constitution say that Joe Blowhard has an absolute
>> right to own personal property, but pay no taxes on same,
>
>The Fifth Amendment?


That is correct:

"No person shall ... be deprived of 
life, liberty, or property, without
due process of law; nor shall private
property be taken for public use
without just compensation."

Due process of law is one of the most
important guarantees in the Constitution,
and the Union states are bound by this
provision, because the state constitutions
must recognize the U.S. Constitution as
the supreme Law of the Land, in order to
be republican in form.  See the Guarantee
Clause.

Furthermore, a direct tax on private property
is a direct tax (at the federal level), which
MUST be apportioned to be lawful.

/s/ Paul Mitchell


>
>> and then operate a motor vehicle

The term "motor vehicle" has a specific legal
meaning in the State motor vehicle codes.
"Motor vehicles" are motorized conveyances
which are involved in interstate commerce, 
as licensees of the corporate State governments.  
"Motor vehicles" are used to transport people, 
and/or their goods, for hire.

/s/ Paul Mitchell


>
>I will defer to others on this part.
>
>[remainder of Usenet Flame-twit style rant deleted]
>
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