Arbitration services protecting the indefeasible right to be secure in person, papers, and effects as established by the Fourth Amendment and held in trust, operating under the Federal Arbitration Act of 1925, 43 Stat. 883 (9 U.S.C. §§ 1-16).
Facts and Conclusions of Law Establishing the Fourth Amendment Right as an Indefeasible Property Interest
The Fourth Amendment to the Constitution of the United States declares: "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated..."
This is not a privilege granted by government but a pre-existing right RECOGNIZED and SECURED by the Constitution. The Constitution does not create this right — it secures a right that existed before and independent of the Constitution.
The Supreme Court in Boyd v. United States, 116 U.S. 616, 630 (1886) declared: "The principles laid down in this opinion affect the very essence of constitutional liberty and security. They reach farther than the concrete form of the case then before the court... they apply to all invasions on the part of the government and its employees of the sanctity of a man's home and the privacies of life. It is not the breaking of his doors, and the rummaging of his drawers, that constitutes the essence of the offence; but it is the invasion of his INDEFEASIBLE RIGHT of personal security, personal liberty and private property..."
The Supreme Court expressly identified the right to be secure in one's person, liberty, and private property as an "INDEFEASIBLE RIGHT."
INDEFEASIBLE means: incapable of being annulled or voided or undone; not capable of being defeated, revoked, or made void; absolute and unqualified.
This holding establishes as a conclusion of law that the right to be secure in person, papers, and effects is ABSOLUTE and CANNOT BE DEFEATED, VOIDED, OR ANNULLED by any governmental or private interference.
The Boyd Court further stated: "The Fourth and Fifth Amendments run almost into each other." This establishes that the security of person, papers, and effects under the Fourth Amendment is directly connected to the property protections of the Fifth Amendment, which prohibits deprivation of property without due process of law.
The Supreme Court in Lynch v. Household Finance Corp., 405 U.S. 538, 552 (1972) declared: "The dichotomy between personal liberties and property rights is a false one. Property does not have rights. People have rights... In fact, a fundamental interdependence exists between the personal right to liberty and the personal right in property. Neither could have meaning without the other."
The right to be secure in one's person, papers, and effects is therefore a PROPERTY RIGHT secured to the individual. This property right may be placed in trust for protection against interference.
The Civil Rights Act of 1866, 14 Stat. 27, Section 1, secured to all citizens "the full and equal benefit of all laws and proceedings for the security of person and property."
Congress expressly recognized the right to the SECURITY OF PERSON AND PROPERTY as a fundamental civil right of citizenship that cannot be lawfully interfered with.
The Supreme Court in Yick Wo v. Hopkins, 118 U.S. 356, 370 (1886) declared: "Sovereignty itself is, of course, not subject to law, for it is the author and source of law; but in our system, while sovereign powers are delegated to the agencies of government, sovereignty itself remains with the people, by whom and for whom all government exists and acts."
The right to be secure in person, papers, and effects is an attribute of the sovereignty that remains with the People and cannot be lawfully violated by any person, agency, or entity.
The right to be secure in one's PERSON includes security of identity, name, image, and all attributes of personhood. This is an indefeasible property right that may be placed in trust for protection.
The right to be secure in one's PAPERS AND EFFECTS includes all documents, records, data, and possessions associated with the individual. Commercial use without consent constitutes interference.
The Supreme Court in Hale v. Henkel, 201 U.S. 43, 74-75 (1906) declared: "The individual may stand upon his constitutional rights as a citizen. He is entitled to carry on his private business in his own way. His power to contract is unlimited."
This unlimited power to contract includes the power to place the indefeasible right to be secure in person, papers, and effects into a trust for protection. When so placed, these rights become the trust res — the subject matter of the trust — which the trustee has a fiduciary duty to protect.
The trust agreement contains an arbitration clause requiring all disputes concerning the trust res to be resolved through binding arbitration under the Federal Arbitration Act of 1925, 43 Stat. 883 (9 U.S.C. §§ 1-16).
Any person who utilizes the constitutional property of another — the right to be secure in person, papers, and effects — for commercial business without consent and without approval, especially after receiving a cease-and-desist letter, interferes with indefeasible rights held in trust.
The Civil Rights Act of 1871, 17 Stat. 13 (42 U.S.C. § 1983), provides remedy for "Every person" who subjects another to the deprivation of rights secured by the Constitution.
A party need not be a signatory to the trust agreement to be held liable for interference with trust property. The issue is the PROPERTY ITSELF — the indefeasible RIGHT that has been interfered with — not the contractual relationship between parties.
Individuals whose indefeasible property rights are held in trust may petition the arbitrator for disposition of controversies arising from interference with the right to be secure in person, papers, and effects.
The SATCOMM Arbitration Association provides arbitration services for individuals whose indefeasible right to be secure in person, papers, and effects has been interfered with through unauthorized commercial use or other deprivation.
The arbitration is conducted pursuant to the Federal Arbitration Act of 1925, 43 Stat. 883 (9 U.S.C. §§ 1-16), and the arbitration clause contained in the trust agreement protecting these indefeasible rights.
The trustee, whose fiduciary duty it is to protect the trust res — the indefeasible rights held in trust — may petition the arbitrator on behalf of the beneficiary for disposition of the controversy and determination of liability.
Any presumption that the indefeasible right to be secure in person, papers, and effects may be lawfully interfered with or that such right cannot be placed in trust for protection is rebutted by the Supreme Court's express declaration in Boyd v. United States, 116 U.S. at 630, that this is an "INDEFEASIBLE RIGHT" — a right that CANNOT BE DEFEATED, VOIDED, OR ANNULLED. The Court's holding that constitutional rights ARE property interests (Lynch, 405 U.S. at 552) and the individual's unlimited power to contract (Hale, 201 U.S. at 74-75) establish the right to place such indefeasible rights in trust for protection through arbitration.
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