Jon Roland reminds us of a 1911 US Supreme Court opinion
Page 221 U. S. 643
See opinion text below.
Regarding the latter case, the court opined:
Thus, refusal of a government tax collector to accept a lawful tender of payment for the tax exonerates the payor from any further obligation for that tax, and the tax collector bears the brunt of responsibility for refusal to accept the payment, as well as for injuring the payor by any enforcement action. The Chief Justice wrote: "
"The case, then, of the plaintiff below is reduced to this: he had paid the taxes demanded of him by a lawful tender. The defendant had no authority of law thereafter to attempt to enforce other payment by seizing his property. In doing so, he ceased to be an officer of the law and became a private wrongdoer. It is the simple case in which the defendant, a natural private person, has unlawfully, with force and arms, seized, Page 114 U. S. 283 taken, and detained the personal property of another."
You see, a Gerp (Government Perpetrator of crime) ALWAYS operates by force of arms. As to the culpability of the Gerp for abusive behavior the court opine
"Corporate agents or individual officers of the state stand in no better position than officers of the general government, and as to them it has often been held that
What to Do about Gerps
Perhaps you recall my comments about "Gerps," government perpetrators of crime, goverment employees who commit crimes against others under color of law. In other words, ULTRA VIRES ("beyond the powers" granted by the constitutions and laws pursuant thereto) behavior removes a Gerp's sovereign immunity. Clearly, the Constitutions grant Gerps NO IMMUNITY for crimes and torts associated with ultra vires behavior. If they presume to cloak themselves in the mantle of immunity, the citizenry must demand, insist, and use any necessary pressure, even physical force, to strip away such a cloak, and expose and bring the Gerp to appropriate consequences.
As to those consequences, the law may suggest many, IF you can get the Gerp's fellows in government to accept and process criminal and civil complaints against the Gerp, then try the Gerp and convict or award damages against the Gerp for the crime(s), and order the Gerp out of government service. If you cannot, you must either suffer the abuse or risk your own safety by taking personal or group action to stop the Gerp's crimes or excise the Gerp from government by some other means, at your choosing.
I see some but not most Gerps as rehabilible. The people should not risk further subornation of the Gerps through greed, coercion, or bribery. I value the heads-on-pikes principle when it comes to Gerps. The Gerp should never get away with the crimes. We could argue whether noisier, messier, more horrific, public treatment, or some form of gracious rehabilitation would deter further gerpitude. But some vivid, meaningful retribution seems mandatory to stem the tsunami of government crime the people now suffer.
DO NOT TOLERATE GOVERNMENT CRIME.