The bane of all fundamental human rights in America today is the rise to power of an unconstitutional institution known as “administrative law.” It permeates every area of our lives in ways that even a Korean Kimche fart in a tiny room with no windows can do.
Administrative law is unconstitutional because it is used to violate every single rule of due process that exists to protect our individual rights. It allows punishment without judicial review, and legalized extortion as a legitimate power of government that the People never intended or approved. In short, it is legalized theft backed by the power of the State.
The Patrinuts all think that the only remedy to be had in such instances is to use what they refer to as “commercial processes.” For example, legal remedy based upon unsubstantiated theories such “Accepted for Value (A4V),” “Commercial Liens,” or “U.C.C. Redemption.” Not only have I never found any lawful merit in these processes as the Patrinuts try to apply and use them, but they usually wind up making matters much worse for those people that try to do so. I also say that these theories are unsubstantiated based upon the fact that 1) I have never seen any of them work as described, 2) I have never seen them produce results that are repeatable in multiple instances, 3) I can find no law or authoritative documentation that establishes any of them as valid legal remedies for anything the Patrinuts try to use them for, 4) more people lose, and lose worse by using them, than those that are not using them.
It also doesn’t help that you pretty much have to swallow a whole sheet of LSD-laced postage stamps to have any of the Patrinut theories even begin to make any sense, which is why they can only EXPLAIN to you how they think it is all supposed to work, but cannot actually PROVE or document any of it from an authoritative verifiable source. This is compounded by any attempts they may make to convince you by posting links to statutes and small sections of case cites from questionable internet resources, and then you reading them only to find out that the case citations are completely fake, totally out of context, or not at all on-point for the issue at hand. Then, the pièce de ré·sis·tance turns out to be that Patrinut guru that’s been providing this information to the public forum has the reading comprehension and interpretation skills of a cardboard box, with the box itself actually being far more useful than this Patridiots so-called information. At least you can take all the stupid documents, videos, recordings, and other crap you got from the Patrinut and carry it all to the trash in the box.
So, while the Patrinut crowd is so busy over-complicating everything, even how to be stupid and proud of it, I almost always have found that the best real remedy in the law that one could possibly seek out and rely upon, is one that already exists in the law itself. Especially one that is verifiable, reusable, reliable, and produces repeatable and consistent success in multiple instances. This is something that I have never seen any of the Patrinut’s alleged remedies accomplish.
What does this all have to do with administrative law you may ask? Well, believe it or not, despite its unconstitutionality in so many ways and areas when it comes to due process, it very often also provides you with an immediate remedy to any administrative issue you might currently be having to contend with. Administrative law generally supplies this remedy in the form of what is commonly referred to as an “affirmative defense” against any administrative allegation(s) and the related monetary fine(s), fee(s), or penalty(s) that might otherwise follow if left unrebutted by an answer to said allegation(s). The downside being that any failure on your part to provide and answering rebuttal results in you actually losing the issue by default and then having to seek remedy anew at a greater cost and effort to yourself.
Affirmative defenses are not strictly limited in availability to administrative law. Many areas of law, including criminal, have statutorily provided affirmative defenses for certain types of criminal allegations. For example, in this screen shot you can see all of the individual chapters of the Texas Penal Code where the phrase “affirmative defense” can be found in relation to certain crimes. If you click the picture it should take you to the Texas Legislatures web site, where you can follow the individual returned search links to see how an affirmative defense applies to a particular crime and how to use it for your defense if you are accused of the crime and the defense applies.
This is pretty much the same way it works in administrative law as well. The one caveat is that administrative statutes don’t always specifically state that an affirmative defense exists. In which case, you have to know not only how to read and comprehend the statute, but also how to determine if such an affirmative defense is actually available as a remedy.
Which brings us to the actual purpose of this article. Texas has what is known as the “Texas Commission on Environmental Quality” or “TCEQ” for short. The TCEQ is a State administrative agency, and one of their areas of jurisdiction is the oversight of “irrigators,” which is really a shorter and more fancy term for “underground sprinkler installer and repairman.” Now, the TCEQ, like any other State administrative agency, is all about the money, which normally comes through the form of licensing, such as those who wish to be state licensed irrigators. But, also like any other State administrative agency, they like to abuse their power and authority. Which also means that the legal counsel for the TCEQ is more than willing to intentionally pervert the administrative laws to those very ends. Usually for the purpose of extorting excessively exorbitant administrative fees, fines, and penalties, from those who are unlucky enough to fall within their jurisdiction and/or invoke the ire of any of the petty bureaucrats therein.
I have a friend who is an irrigator and owns his own irrigation business. A business he has worked in for more than 40+ years. He started this business long before there even was a TCEQ and before it was necessary to obtain a license to simply earn a living by burying plastic pipes in the ground to run water through so your lawn doesn’t turn brown and blow away.
Needless to say, the TCEQ decided to set their monetary extortion sights on my friend, to the tune of over $6,000.00, per allegation, per day of alleged violation. In other words, to extort enough money to either force him out of business or to fund their whole budget for the next six years. My friend is almost 70, and runs a crew of 3-4 people from a single pickup truck and trailer. Needless to say, that kind of money simply doesn’t exist for him. There is also the slight problem that comes from there being a constitutional protection against “excessive fines imposed” in the Texas Bill of rights, to wit:
Sec. 13. EXCESSIVE BAIL OR FINES; CRUEL AND UNUSUAL PUNISHMENT; REMEDY BY DUE COURSE OF LAW. Excessive bail shall not be required, nor excessive fines imposed, nor cruel or unusual punishment inflicted. All courts shall be open, and every person for an injury done him, in his lands, goods, person or reputation, shall have remedy by due course of law.
Administrative law agencies and their legal counsel would have you believe that these protections are not available or applicable to you if they have set their sights on getting your money. They are patently wrong on that front. These protections are available to the People, but, they are not available to the “legal person” that the statutes regulate. In the ‘legal’ eyes and presumptions of administrative law, these two ‘beings’ are not the same, and have totally different existences and rights. Which, believe it or not, is actually a correct interpretation of the law.
However, what happens to that legal presumption when it is being applied to one of the people that is not also one of its “legal persons?” What happens when the TCEQ tries to apply its regulatory codes, which clearly state that they apply only to the legal person who is one of their licensed irrigators, but not to the living being who is not one who possesses its license?
Well, in this case, what happens is the statutory inference of an unbeatable affirmative defense that ensures that we can prevent the TCEQ from accomplishing its goals of either extorting my friend out of all of his money, or forcing him out of business altogether because he won’t kowtow and allow himself to be forced into acquiring their license. In other words, his remedy, and yours, is actually already built into the law itself. They just hope that you don’t know that or how to find it, much less make use of it. The key to it all is to never leave them an ‘out’ that they can use against you, whether now or later.