April 11, 2005
South Carolina Attorney General
Mr. Henry McMaster
Rembert C. Dennis Office Bldg.,
P.O. Box 11549
Columbia, SC 29211-1549
RE: Traditional naturopaths forced by law into involuntary servitude
Dear Mr. McMaster:
This is to inform you, if you are not already aware, that “In 1865, slavery as an institution was abolished by the adoption of the Thirteenth Amendment to the United States Constitution, declaring that “neither slavery nor involuntary servitude… shall exist within the United States or any place subject to their jurisdiction”. 32 “This provision is self-executing33 and by its unaided force forbids not only African slavery but all other kinds of slavery as well.34 Also, any statute that is contrary to its terms is void” 38 45 Am. Jur. 2d Thirteenth Amendment § 3 (1999)
“The right to select one’s employer is implicit in freedom from involuntary servitude”.19 45 Am. Jur. 2D Right to select employer § 9 (1999) Therefore, any statute prohibiting the practice of traditional naturopathy is void because it is contrary to the Constitution of the United States in that it violates naturopaths’ right to select their employer, which is implicit in freedom from involuntary servitude. Nevertheless, traditional naturopathy or the use of its designated title Doctor of Naturopathy has been made a civil or criminal offense. Traditional naturopaths are therefore restricted by law from working in their profession; consequently, they are compelled to labor against their will in another profession. It cannot be refuted that making naturopathy a civil or criminal offense forces naturopaths into involuntarily servitude in that it compels them to labor involuntarily for employers not of their choice. Naturopaths are sent into involuntary servitude by threatened use of the law although, “…Congress has made criminal the sending of persons into involuntary servitude…” 45 45 Am. Jur. 2D Federal Statutes outlawing slave trade; actions on vessels in slave trade § 4 (1999)
According to the fourteenth amendment “no state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States.” Therefore the state cannot ban a profession but must regulate it by licensure as set forth by the U. S. Department of Education “State governments are responsible for regulating those occupations that are practiced within their jurisdictions and deemed to require licensure and oversight in order to protect public health, safety, and economic well being.” www.ed.gov U. S. Dep. of Education. Regulation of Professions (2004) If the state does not exercise this privilege, then a national association can legally assume the responsibility.
Any state law which forces traditional naturopaths to incorporate the principles of allopathic medicine into the practice of naturopathic medicine against their moral convictions is in violation of their right to freedom from involuntary servitude under the Thirteenth Amendment to the United States Constitution because “The Thirteenth Amendment is not a mere prohibition of state laws establishing or upholding slavery, but is an absolute declaration that slavery or involuntary servitude shall not exist in any part of the United States.” 39 45 Am. Jur. 2D Thirteenth Amendment § 3 (1999)
The State of South Carolina does not regulate traditional naturopathy; consequently, a license cannot be obtained to practice this discipline. It is therefore the absolute right of our licentiates to practice this discipline in your state because it is unregulated. The U.S. Department of Education has said “The competent authority for the recognition of qualifications presented by persons seeking to work in the United States, in unregulated occupations, is the hiring employer.” www.ed.gov U.S Dept. of Education. Competent Authority (2004)
The state; therefore, lacks jurisdiction over this discipline and any law, civil or criminal, that result in fines, arrest, conviction or imprisonment of traditional naturopaths is in violation of our licentiates’ right to freedom from involuntary servitude under the Thirteenth Amendment to the United States Constitution. According to the American Heritage Dictionary, a criminal offense is a violation of morality. In light of this, a profession can only be made a criminal or civil offense if it is in violation of morality.
Sincerely,
Beverly Betancur, N.D.
Chief Executive Officer