Your Right to Private Contract!

HALE v. HENKEL. 201 U.S. 43 at 89 (1906)

Hale v. Henkel was decided in 1906 by the united States Supreme Court. Since it was the Supreme Court, the case is binding on all courts of the land, until another Supreme Court case says it isn't. Has another Supreme Court case ever overturned Hale v. Henkel? NO!

As a matter of fact, since 1906, Hale v. Henkel has been cited by all of the federal and state appellate court systems over 16 hundred times! Remember that in nearly every instance when a case is cited, it has an impact on the precidential authority of the cited case.

The more times a case is held up as "the law," the more it becomes cast in granite.

How does that compare with other previously decided Supreme Court cases?

Initial observations have shown that no other case has surpassed Hale v. Henkel in the number of times it has been cited by the courts. And, none of the various issues of this case have ever been overruled.

On the persuasive side in Hale v. Henkel it was the united States Supreme Court which was speaking the "Law of the Land." How much more persuasive can a case be?

          The opinion of the court stated:

	"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.   He owes no duty to   the  State 

 or to  his neighbors  to divulge  his business,  or to open his doors to an

 investigation,  so far as it may tend to  incriminate him.   

He owes no duty to the State, since he  receives  nothing  therefrom, 

 beyond  the protection of his life and property."..

    	"His rights  are  such  as  existed  by the  Law of  the Land

 (Common Law)  long  antecedent  to the  organization  of the State, 

and can only be taken from him by due process of law, and in accordance

 with the Constitution....

    "He  owes  nothing  to  the  public  so long  as he  does not trespass 

upon their rights."...

	Hale v. Henkel is based on Article 1 Sec. 10 of the Constitution

 for the united States of America (several separate 50 states) established

 in 1789 long before the Federal Corporate U.S. was established in 1871! 

 Here is part of that Article: (highlighted and underlined for clarity) 

(definition of State means: The political system of a body of people 

who are politically organized; the system of rules by which jurisdiction 

and authority are exercised over such a body of people.) 

(in America this is the Federal Corporate govt. (D.C.) and at the 50 states

 level)

"...No State shall enter into any Treaty, Alliance, or Confederation;

 grant Letters of Marque and Reprisal; coin money; emit Bills of Credit; 

make any Thing but gold and silver Coin a Tender in Payment of Debts; 

pass any Bill of Attainder, ex post facto Law, or Law imparing the 

Obligation of Contracts, or grant any Title of Nobility. (Esquire)