The governing body providing arbitration services for the protection of constitutionally secured property rights held in trust, operating under the authority of the Federal Arbitration Act of 1925, 43 Stat. 883 (9 U.S.C. §§ 1-16).
Facts and Conclusions of Law Establishing Constitutional Rights as Property Interests
The Supreme Court of the United States 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."
This holding establishes as a conclusion of law that constitutional rights secured to individuals ARE property interests belonging to the individual as personal property rights protected by the Constitution.
The Civil Rights Act of 1866, 14 Stat. 27, Section 1, secured to all citizens "the same right, in every State and Territory in the United States... to 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 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."
The Supreme Court in Allgeyer v. Louisiana, 165 U.S. 578, 589 (1897) established the constitutional liberty to contract embraces "the right of the citizen to be free in the enjoyment of all his faculties, to be free to use them in all lawful ways... and for that purpose to enter into all contracts which may be proper, necessary, and essential."
These holdings establish that the individual possesses the constitutional right to place property interests, including identity and rights secured by the Constitution, into trust arrangements for their protection as an exercise of the unlimited power to contract.
When an individual places constitutionally secured property rights into a trust, such property becomes the trust res — the subject matter of the trust — which the trustee has a fiduciary duty to protect.
The Civil Rights Act of 1871, 17 Stat. 13 (42 U.S.C. § 1983), provides that "Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State... subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured."
Any person who utilizes the constitutional property of another for commercial business without consent and without approval, especially after receiving a cease-and-desist letter, can be held liable for interference with trust property. The issue is not the party but the PROPERTY — the RIGHT is the subject matter, not the person.
"The right of the people to be secure in their persons, houses, papers, and effects" is an INDEFEASIBLE RIGHT — a right that cannot be defeated, voided, or annulled. Boyd v. United States, 116 U.S. 616, 630 (1886).
"No person shall be... deprived of life, liberty, or property, without due process of law." The rights of personal liberty and private property are held SACRED. Wilkinson v. Leland, 27 U.S. 627, 657 (1829).
"Nor shall any State deprive any person of life, liberty, or property, without due process of law." Sovereignty remains with the People. Yick Wo v. Hopkins, 118 U.S. 356, 370 (1886).
The Federal Arbitration Act of 1925, 43 Stat. 883 (9 U.S.C. §§ 1-16), establishes that written arbitration agreements "shall be valid, irrevocable, and enforceable, save upon such grounds as exist at law or in equity."
Six organizations advocating and protecting the rights of people via arbitration through the trustee whose duty it is to protect the trust res.
Individuals whose property interests are held in trust may petition the arbitrator for disposition of controversies arising from interference with trust property.
The trust agreement executed by the beneficiary 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).
A party need not be a signatory to the trust agreement to be bound by the arbitration clause when that party has interfered with trust property. The subject matter of the arbitration is the PROPERTY ITSELF — the constitutionally secured right that has been interfered with — not the contractual relationship between parties.
The Supreme Court in Moses H. Cone Memorial Hospital v. Mercury Construction Corp., 460 U.S. 1, 24-25 (1983) established that the Federal Arbitration Act creates "a body of federal substantive law of arbitrability, applicable to any arbitration agreement within the coverage of the Act" and requires courts to "rigorously enforce agreements to arbitrate."
Any presumption that a non-signatory cannot be compelled to arbitrate disputes concerning trust property is rebutted by the fact that the arbitration concerns interference with the trust res itself. The PROPERTY is the subject matter — the RIGHT is what is being adjudicated — not a contractual dispute between parties. Third parties who interfere with trust property subject themselves to the protective mechanisms established by the trust, including arbitration.
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