Submitted by M. R. Hamilton on
When the founding fathers of the united states of America decided on a form of government, the one they settled on was republican. Many people do not comprehend what that means and have confused it with a democracy. They also do not comprehend what it means when they learn that we the people are sovereigns.
It is not the fault of the people for this misconception. It is by design of the government run school system that has led people to the conclusions about government's authority. The first public schools were populated under military escort. That is how important it was for the rich elitists to gain control over the minds of the people. The purpose was not to educate the children. It was to condition them and it has worked immensely well.
To make this clear we will look at a democracy and republican form of government and a couple of court cases that should convince the reader what is meant by being a sovereign. First of all, the reader should comprehend that there is no sovereignty in government over the people in the united states of America.
A democracy is that form of government in which the sovereign power resides in and is exercised by the whole body of free citizens directly or indirectly through a system of representation, as distinguished from a monarchy, aristocracy, or oligarchy. Black's Law Dictionary, Fifth Edition, pp. 388-389. Under this form of government, the majority can take away the rights of the minority. It is the easiest form of government to instill socialist ideals throughout a nation. It is also why we see the United States pushing to overthrow governments around the world with democracies. The end goal is a one world government of socialism. Why socialism? Socialism promises "free" handouts from the government and people are willing to give up their freedoms to get them.
A republican government is one in which the powers of sovereignty are vested in the people and are exercised by the people, either directly, or through representatives chosen by the people, to whom those powers are specially delegated. In re Duncan, 139 U.S. 449, 11 S.Ct. 573, 35 L.Ed. 219; Minor v. Happersett, 88 U.S. (21 Wall.) 162, 22 L.Ed. 627. [Black's Law Dictionary, Fifth Edition, p. 626] Take note of the words " either directly". That means we can have representatives take care of our business or we can choose to take care of it ourselves. The primary way that the government gets control of people is to convince them that they are citizens. A citizen is someone who is subject to government rule, but a people is not subject to government rule. This is true even in the People's Republic of China. That is why China has this form of government, The elitists who control the country are not subject to the laws passed by that same government.
The united states of America did not commence at the revolution. It had been around for over 200 years. Harvard University was over a hundred years old at the time of the Declaration of Independence. After the signing of the Declaration of Independence there was no government in place. There were 13 states, but everywhere else on the continent there was no government. The people were truly self governing. That means the people knew what their rights were and did not infringe on the rights of others. There were no statutes or codes that told people what to do, their parents taught them right from wrong and common sense dictated how to behave in society.
There was an elapse of time between the signing of the Declaration of Independence and the US Constitution. During this time, the people were still self governing and were truly free answering to nobody but themselves. The only time that a people had to answer to anyone else was when that people caused an injury to another. When the US Constitution was signed in order to form a trust, it did not change the relationship between the people and the central government that was formed by the trust. The people were still sovereign and were the owners of the trust. This is the equivalence of starting any other business. If you start a business, as an owner, you are not subject to the managers of the business like the employees of the business would be. There is no difference in the relationship between the United States of America trust and the people who own it.
The purpose of establishing a central government was for common defense. Each of the separate American nations would not be as strong individually as they would standing together to repel a foreign invasion. It also kept in check each of the member nations from invading each other. However, the founders were very well in tune to the abuses of a king and decided on the republican form of government, because it protected the natural rights of the people, each and every one. No majority vote could take away those rights.
So, this left each and every people in the new united states of America a sovereign. That does not mean that the people as a group are sovereigns. It means that each and every one is a sovereign.
...at the Revolution, the sovereignty devolved on the people; and they are truly the sovereigns of the country, but they are sovereigns without subjects...with none to govern but themselves..... [CHISHOLM v. GEORGIA (US) 2 Dall 419, 454, 1 L Ed 440, 455 @DALL (1793) pp471-472.]
That means that each and every one of the people in the united states of America was like a king in his own kingdom.
The people of this State, as the successors of its former sovereign, are entitled to all the rights which formerly belonged to the King by his prerogative. [Lansing v. Smith, 4 Wend. 9 (N.Y.) (1829), 21 Am.Dec. 89 10C Const. Law Sec. 298; 18 C Em.Dom. Sec. 3, 228; 37 C Nav.Wat. Sec. 219; Nuls Sec. 167; 48 C Wharves Sec. 3, 7.]
As such the people were not subject to any law passed by any government agency.
The very meaning of 'sovereignty' is that the decree of the sovereign makes law. [American Banana Co. v. United Fruit Co., 29 S.Ct. 511, 513, 213 U.S. 347, 53 L.Ed. 826, 19 Ann.Cas. 1047.]
As we can see by the above cases, this is not new information. It is just new to most people who obtained their education from the government run schools. So take the time and think about your own sovereignty. As a sovereign, you are not accountable to anyone until such time as you injure another sovereign. Then 13 other sovereigns will decide your fate; the sovereign who was injured, and the 12 on the jury. It takes a decision of all twelve to agree if you are guilty of having injured anyone. That means that if nobody was injured, you have not committed any crime. There is no crime for speeding, drug use, prostitution, public intoxication, driving under the influence, or any other so called crime for which that state just decided it would punish you based on its codes or statutes. In the united states of America, you are guaranteed the common law. Common law has no statutes or codes. That's what makes it difficult for government to control people. The only other way for them to control people is to get your consent. As was pointed out in Blackstone's Commentaries this has been an issue for hundreds of years. Even then, although the common law was the supreme law of the land, the schools had ceased to teach it. That may be primarily because not everyone was sovereign at that time in England. In England only the nobility were sovereigns. The rest of the people were subjects. In these untied states, all of the people are sovereign in spite of whatever shortcoming the original intent was to exclude anyone based on gender or race.
So, remember that the next time you get a speeding ticket, dui, or arrested for dug possession. The statutes and codes the government claims are laws don't apply to you if you are a people. There are no statutes and codes under the common law. That is why it is so critical for you to challenge jurisdiction each and every time the government attempts to treat you like you are a citizen.