PLEASE NOTE THE EDITED PARGRAPHS AT THE END OF THE ARTICLE DEALING WITH “CONSENT”. THIS WAS A POINT I MISSED WHICH IS VERY IMPORTANT.
The agricultural surveys are being sent out once again with a note on the front of the envelope stating “YOUR RESPONSE IS REQUIRED BY LAW”. Actually not. This statement is mis-leading, meant to intimidate and is completely false. Title 7 Agriculture, is non-positive code & title. This means the activities described and mandated under this code can only being cited as prima facie evidence, meaning the wording can be cited as existing but cannot be used to bring criminal charges or used as the basis for declaring any right as illegal. It cannot be used or cited as an underlying authority for, as in this instance, declaring an unlawful survey disguised as a “census” to be mandatory. Prima facie is the assumption that something exist as other than what it actually is. It takes little to determine that Title 7 is not lawful or constitutional.
The USDA nor any of the other alphabet agencies that exist as a result of non-positive code & title have no underlying authority except in the District of Criminals, insular possessions and territories occupied. In the sovereign states, they have no force of law……..because they are NOT law. These codes and titles exist as a wish list that has been foisted on the states with the help of your governors and state legislators who enabled them to contract with similar agencies in your state. If you were not party to those contracts, (and you were not),if they were never revealed to you as existing (and they were not) and if you never signed your name agreeing to what is essentially the business plan of private corporations, you cannot be compelled to comply with the contract. No state agency, regardless of whom it contracts with, can force those who were not party to the contract, to comply.
But don’t let this make you think a van load of jack-booted thugs from USDA won’t show up at your door, seize your assets and intimidate your family after unlawfully trespassing your property, most likely with the help of your local sheriff who is supposed to protect you from such incidences. The law means absolutely nothing to these people.
Ultimately, Title 7 Agriculture, as with numerous other non-positive codes and titles, remains out of the lawful, constitutional reach of the federal corporation no matter how many egregious laws congress passes. Agriculture is not in the powers enumerated for the federal government.
USDA Gearing Up to Conduct 2012 Census of Agriculture
National Agricultural Classification Survey is an Important Step toward a Complete Count
Washington, February 10, 2012 – Surveys are now arriving in mailboxes around the nation to help identify all active farms in the United States. The National Agricultural Classification Survey (NACS), which asks landowners whether or not they are farming and for basic farm information, is one of the most important early steps used to determine who should receive a 2012 Census of Agriculture report form. The Census of Agriculture, conducted every five years by the U.S. Department of Agriculture’s National Agricultural Statistics Service (NASS), is a complete count of U.S. farms and ranches and the people who operate them.
FROM THE USDA SITE.
“We are asking everyone who receives the NACS to respond even if they are not farming so that we build the most accurate and comprehensive mailing list to account for all of U.S. agriculture in the Census,” said NASS’s Census and Survey Director, Renee Picanso. “The Census is the leading source of facts about American agriculture and the only source of agricultural statistics that is comparable for each county in the nation. Farm organizations, businesses, government decision-makers, commodity market analysts, news media, researchers and others use Census data to inform their work.”
NACS is required by law as part of the U.S. Census of Agriculture. By this same law, all information reported by individuals is kept confidential. NASS will mail the 2012 Census of Agriculture later this year and data will be collected into early 2013.
“The NACS survey is the first step in getting a complete count, so we ask everyone who receives a survey to complete and return it,” said Picanso. “The Census is a valuable way for producers and rural America to show their strength – in numbers.”
The 2012 Census of Agriculture is your voice, your future, your responsibility. For more information about NACS, the Census of Agriculture, or to add your name to the Census mail list, visit
NASS provides accurate, timely, useful and objective statistics in service to U.S. agriculture. We invite you to provide feedback on our products and services. Sign up at http://usda.mannlib.cornell.edu/subscriptions and look for “NASS Data User Community.”
This Census is a valuable way for the USDA to manipulate markets, to map out who and where food is being produced that might interfere with global producers, say for instance, Monsanto.
“The Census is a valuable way for producers and rural America to show their strength – in numbers.” The first question here would have to be, “In what possible way?” It is the numbers they are after. Just how big is the remaining, dwindling independent and family ranching and farming community and what is it likely to take to put them out of business?
The word [census] has been inserted in place of the word [survey]. Regardless, this is a survey and is not a census as is described in the Constitution or by law. This survey does not qualify as a census; it is simply an attempt to get you to voluntarily supply personal information about your private property and activities to the USDA and intentionally written to include the word census in order to make it appear that the information they are attempting to collect is somehow necessary and constitutionally allowed. It is a deception and one many people are thinking must be adhered to. After all…..it does say census and we all have to fill out the census. This USDA survey does not qualify as a census as defined by law.
It is also a valuable way for USDA to target rural areas for obliteration by the White House Rural Council which includes the Homeland Terrorism Department and the Pentagon. It is invaluable in locating all sources of food production other than their big corporate donors. This would make seizing all sources of food quite easy in the event of something like maybe a contrived, fictional, false flag “national emergency”. These “surveys” would provide the federal government with a pretty good map of where food is being grown and by whom.
I most likely would not be concerned about that except for the Patriot Acts, FEMA, and all the Continuity of Government programs (COG) wherein any food produced can be seized and having more than a weeks worth can get you shot on the spot…unless of course you are Monsanto or some other bio-piracy corporation.
NACS is required by law as part of the U.S. Census of Agriculture
The only things USDA can cite as “law” are non-positive codes. They can cite no underlying authority even for their existence, much less for demanding extremely personal and invasive information from any one foolish enough to fill this survey out. The surveys go far beyond the scope of what you might be growing on your land or how man chickens you may have.
If you are not engaged in interstate commerce, the USDA has no lawful authority. And they know it.
Not to be deterred by anything as annoying as “that’s not in our power”, the feds have the “Office of Law Revision Council”. The job of these folks is to move around non-positive code and title and insert it into positive (constitutional) codes and titles to make it appear as if it actually is lawful and with in the scope of federal interference.
The distinction is legally significant. Non-positive law titles are prima facie evidence of the law, but positive law titles constitute legal evidence of the law in all Federal and State courts (U.S.C. 204).
A non-positive law title of the Code is prima facie evidence of the statutes it contains; it can be rebutted by showing that the wording in an underlying statute is different. A positive law title constitutes legal evidence of the law; it is considered to be more authoritative in Federal and State courts.
Considered more authoritative? Non-positive title and code has no authority in Federal or State courts. Of course you won’t find a judge anywhere in the cesspool that is our so-called justice system that will admit to that. If the wording in an underlying statute is different, I would hazard a guess that the intent was different also. But the OLR will fix that up all nice and neatly and every judge who wants to keep his divine appointment will let this fly through the courts without ever admitting they know it is a fallacy. Most of them don’t have a clue what the law is to begin with and many more don’t care what the law is.
Having, on one hand, non-positive law titles as prima facie evidence of the law, and on the other hand, positive law titles as legal evidence of the law, means that both types of titles contain statutory text that can be presented to a Federal or State court as evidence of the wording of the law. The difference between “prima facie” and “legal” is a matter of authoritativeness.
No. Its a matter of you didn’t have this power or authority to begin with so you can cite no underlying authority no matter how many changes you make or how you twist and pervert the system.
The Office of Law Revision (OLR) is exactly what it says it is. It goes in after the fact, and takes pieces from this and parts from that, that have no constitutional force of law and inserts them into lawful codes and titles in areas where they do have an enumerated power.
I had to revise this portion of my article because I had forgotten a very important issue within the law AND WAS INCORRECT IN MY RECOMMENDATIONS
SILENCE IS INTERPRETED TO MEAN “ACQUIESCENCE AND VOLUNTARYAGREEMENT TO [IN THIS CASE] CONTRACT.
CONSENT: (v) (law) To acquiesce, agree, approve, assent, to voluntarily comply or yield, to give permission to some act or purpose. Voluntary Acquiescence to the proposal of another; the act or result of reaching an accord; a concurrence of minds; actual willingness that an act or an infringement of an interest shall occur. Consent is an act of reason and deliberation. A person who possesses and exercises sufficient mental capacity to make an intelligent decision demonstrates consent by performing an act recommended by another. Consent assumes a physical power to act and a reflective, determined, and unencumbered exertion of these powers. It is an act unaffected by Fraud, duress, or sometimes even mistake when these factors are not the reason for the consent. Consent is implied in every agreement. (Source: http://legal-dictionary.thefreedictionary.com/consent
ACQUIESCENCE: Conduct recognizing the existence of a transaction and intended to permit the transaction to be carried into effect; a tacit agreement; consent inferred from silence. Acquiescence relates to inaction during the performance of an act.
Not returning the survey can be construed as silent consent. You did not object or reject the underlying agreement or contract. Return the voided survey with “NO CONTRACT AGREED TO OR IMPLIED. ALL RIGHTS RESRVED”.
Returning the survey with your signature is viewed as an application to contract with the USDA and accepting the underlying , un-revealed contract that you previously were not party to. Any and all information even from the invasive and uncalled for questions can all be used as evidence against you if at some point in the future they decide they should pay you a call.
The USDA is simply and with your willing compliance assembling an inventory of where all food production is. This is not about national safety, it is not about protecting our food supply from foreign terrorists. It is about seizing control of all food and food production and determining who will be allowed to produce and who will not.
In the end, it will be about not only what you eat, but whether or not you eat at all. Whether or not you can grow it will have become a moot point.
Administrative Procedures Act http://www.archives.gov/federal-register/laws/administrative-procedure/
Unfunded Mandates Act http://www.epa.gov/lawsregs/laws/umra.html
Revising the Codes to try and make them lawful http://uscodebeta.house.gov/codification/legislation.shtml
Short list of member agencies White House Rural Council http://www.whitehouse.gov/administration/eop/rural-council/members
*and such other executive branch departments, agencies, and offices as the President or the Secretary of Agriculture may, from time to time, designate.