Posted by
TJStarfire on Saturday, April 04, 2009 3:52:24 PM
By Thomas Jones with liberal quotes and plagiarisms from some of histories reputed thinkers.
From the fundamental principals of common law government and American government.
I claim that the people were not lied to, fraud was not used when the constitution was put before the people to form this American Nation. Therefore, the United States has a legal foundation.
I claim that the founding fathers recognized "We the people" of these United States as free people with a seperate sovereign sphere of action outside the legal authority of the Federal and State sovereign spheres of action. The people agreed to a constitutionally limited from of government sovereign within legal spheres of action, to look after the things we the people choose to delegate to them out of our own sovereign spheres of action. I claim that Liberties are the things people are free to do and Free people are, at their liberty (free), to keep on doing the things that people have freely done until the sovereign voice of we the people say differently.
The sovereign sphere of action of, We the People is where powers over every issue having to do with our life or risks thereof, our liberties and private property are contained and it is controlled only by the sovereign voice of conventions of the people in 3/4s of their states. Having been secured by the Federal constitution no single state has any authority to change anything within in the peoples sphere of action and any intrusion that is not warranted by our sovereign voice is an act of war against the United States.
"It has been said, that the people had already surrendered all their powers to the state sovereignties, and had nothing more to give. But, surely, the question whether they may resume and modify the powers granted to government, does not remain to be settled in this country. Much more might the legitimacy of the general government be doubted, had it been created by the states. The powers delegated to the state sovereignties were to be exercised by themselves, not by a distinct and independent sovereignty, created by themselves. To the formation of a league, such as was the confederation, the state sovereignties were certainly competent. But when, in order to form a more perfect union,' it was deemed necessary to change this alliance into an effective government, possessing great and sovereign powers, and acting directly on the people, the necessity of referring it to the people, and of deriving its powers directly from them, was felt and acknowledged by all. The government of the Union, then ( whatever may be the influence of this fact on the case), is, [17 U.S. 316, 405] emphatically and truly, a government of the people. In form, and in substance, it emanates from them. Its powers are granted by them, and are to be exercised directly on them, and for their benefit. This government is acknowledged by all, to be one of enumerated powers. The principle, that it can exercise only the powers granted to it, would seem too apparent, to have required to be enforced by all those arguments, which its enlightened friends, while it was depending before the people, found it necessary to urge; that principle is now universally admitted. But the question respecting the extent of the powers actually granted, is perpetually arising, and will probably continue to arise, so long as our system shall exist. In discussing these questions, the conflicting powers of the general and state governments must be brought into view, and the supremacy of their respective laws, when they are in opposition, must be settled.
If any one proposition could command the universal assent of mankind, we might expect it would be this-that the government of the Union, though limited in its powers, is supreme within its sphere of action. This would seem to result, necessarily, from its nature. It is the government of all; its powers are delegated by all; it represents all, and acts for all. Though any one state may be willing to control its operations, no state is willing to allow others to control them. The nation, on those subjects on which it can act, must necessarily bind its component parts. But this question is not left to mere reason: the people have, in express terms, decided it, by saying, [17 U.S. 316, 406] 'this constitution, and the laws of the United States, which shall be made in pursuance thereof,' 'shall be the supreme law of the land,' and by requiring that the members of the state legislatures, and the officers of the executive and judicial departments of the states, shall take the oath of fidelity to it. The government of the United States, then, though limited in its powers, is supreme; and its laws, when made in pursuance of the constitution, form the supreme law of the land, 'anything in the constitution or laws of any state to the contrary notwithstanding.' " ~~~Chief Justice Marshall~~~
Sovereignty is the exclusive legal right to control oneself, another person, or a society. In Constitutionally limited Societies such as the United States there can be no such thing as exclusive Sovereignty anywhere in the Union, For every party to any constitution has agreed to some kind of limitations. Amendment X "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people." The Federal Government is limited to the powers delegated to it The States are limited by the blessings of liberty being secured to ourselves and to our posterity at the Federal constitution level and agin in Amendment XIV "No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws."
If the due process of law being talked about in the 14th was one in some other legal document, proper legal english would require that to be denoted. Due process of law is a convention convened by the Federal or State legislators asking conventions of the people in their seperate states for the legal power to change any thing secured to our sovereign sphere of action in accordance with Article 5.
It has been claimed that each citizen gives their sovereignty exclusively to the State in which they reside. But can that be true? The tenth amendment says;
"The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people." Our Governments are sovereign only within their Spheres of Action. So therefore having the power to grant sovereign spheres of action free peoples, every American citizen, has a sovereign sphere of action of their own, constitutionally secured to them or rather to the sovereign voice of We the People. Within that sphere of action each person is free and therefore sovereign. Within that sovereign sphere lies all issues dealing with ones own life and risks thereof, all matters dealing with private property, including the right to defend it, by any means necessary, Every liberty to keep freely doing every thing people freely do and other powers forbidden to the States by the constitution along with those not legally delegated by the sovereign voice of, We the People through the constitution to the Federal government. The Free People’s Sovereign Sphere of Action is legally accessible by law whenever two thirds of both Houses shall deem it necessary to alter their legal powers to govern some internal sovereignty the States control or having to do, with life, liberties, or private properties, shall propose Amendments to this Constitution, or, on the Application of the Legislatures of two thirds of the several States, shall call a Convention for proposing Amendments, which, in either Case, shall be valid to all Intents and Purposes, as Part of this Constitution, when ratified by the Legislatures of three fourths of the several States for things being taken from their sovereign sphere of action, or by Conventions of the people in three fourths of the States when asked for control of things to be delegated out of the peoples sovereign sphere of action.
"Spheres of Action" in a society of Free Peoples, one persons sphere not intruding on another,
The Constitution divides sovereign spheres of action this way;
We the People,
The Federal Judicial branch.
The Federal Executive branch,
The Federal Legislative branch,
The Legislators of the several States (50 spheres now),
The Union is at this time made up of 54 major spheres of action.
The legal powers over New freedoms arising over time in regards to Life, Freedoms and Private Property don't settle on States or Federal governments. We the people are free because those things settle into the sovereign sphere of action that requires our sovereign voice to make any changes to it legal. Legislators and/or Judges who attempt to use indirect means where legal means are open to them in article 5 of the constitution, (asking the people), are guilty of rebellion against the United States. Where force of arms is used to take freedoms out of the peoples legal sphere of action without their written permission, an Act of war against our sovereign part of the union is committed and this can only be enforced by acts of Insurrection and treason against our society.
The constitution says that political powers are reserved to the people or rather conventions of We the People. So sovereignty of the citizen cannot be granted exclusively to any State or any other political body. What powers are reserved to conventions of the people?
The powers prohibited to the States by the constitution. Life Liberty and Property.
IF it is deemed necessary to deny or to limit those things secured to ourselves then by legal recourse of law it must be done by 2/3s of the Federal or States legislators asking conventions of we the people and having it done equally across all members of society. Equal protections under the laws.
Branches can't exercise exclusive powers secured to a different branch of government, can they?
"We the People" are the roots & the trunk of government, and the branches grow from the powers of we the people. The legal powers over all freedoms are held in this body seperate from the powers we delegated on into the fifty three branches with their twigs.
Americans divided into districts elect senators and representatives to speak for each districts in matters secured within the sovereign sphere of action of the federal government and others to speak for the people in the matters secured within the sovereign sphere of action delegated to their state or when asked by either group we elect people for a convention to speak for we the people about matters secured within the sovereign spheres of action secured to free people, the freedoms free men freely do or risk doing within our society and the property we aquire.
If we are to believe that the United States was legally founded, meaning that fraud was not used, the words of the Founding leaders speak the truth through the federalist papers they had published and distributed among the colonies in their attempt to get the people accept the constitutional contract.
"Here, in strictness, the people surrender nothing; and as they retain every thing they have no need of particular reservations. "WE, THE PEOPLE of the United States, to Secure the blessings of Liberty to Ourselves and Our Posterity, do ORDAIN and ESTABLISH this Constitution for the United States of America.'' Here is a better recognition of popular rights, than volumes of those aphorisms which make the principal figure in several of our State bills of rights, and which would sound much better in a treatise of ethics than in a constitution of government." ~~~FP # 84 Alexander Hamilton~~~
Free people are, at their liberty (free), to keep on doing the things that people have freely done. Until the sovereign voice of we the people by a super majority of majorities of conventions of we the people, in our seperate states puts the power to restrict that thing into a different sovereign sphere of action as per the legal agreed method of altering the social contract.
The Voice of the people is superior to ALL matched only by a voice from the legislators from 3/4s of our states on matters within their sovereign sphere of action and under only limited control of the parties to the second part (Feds) who are forbidden even to disparage. The employees are not superior to the employers. Free people are, at their liberty (free), to keep on doing the things that people have freely done. Until that is legally altered by our sovereign voice.
We the People are political sovereign holding entities of the Union represented by agreement between conventions of us in 3/4s of the States. Within this sovereign sphere of action is constitutionally secured the right to every thing not exclusively delegated by this voice.
However, Corruption occurs in individuals, and sometimes the strong steal from the weak.
People join together into societies for mutual protection from those bent to corruption either foreign or domestic. They choose leaders and delegate authorities for their mutual protection. But in delegating Authorities no authority can be exclusively granted if it exposes any member to unwarranted harm from abuse even by persons wielding delegated powers.
If we are to believe that the United States was legally founded, then;
"There is no position which depends on clearer principles, than that every act of a delegated authority, contrary to the tenor of the commission under which it is exercised, is void. No legislative act, therefore, contrary to the Constitution, can be valid. To deny this, would be to affirm, that the deputy is greater than his principal; that the servant is above his master; that the representatives of the people are superior to the people themselves; that men acting by virtue of powers, may do not only what their powers do not authorize, but what they forbid"...."It is not otherwise to be supposed, that the Constitution could intend to enable the representatives of the people to substitute their WILL to that of their constituents. It is far more rational to suppose, that the courts were designed to be an intermediate body between the people and the legislature, in order, among other things, to keep the latter within the limits assigned to their authority"......"Nor does this conclusion by any means suppose a superiority of the judicial to the legislative power. It only supposes that the power of the people is superior to both"....."But in regard to the interfering acts of a superior and subordinate authority, of an original and derivative power, the nature and reason of the thing indicate the converse of that rule as proper to be followed. They teach us that the prior act of a superior ought to be preferred to the subsequent act of an inferior and subordinate authority; and that accordingly, whenever a particular statute contravenes the Constitution, it will be the duty of the judicial tribunals to adhere to the latter and disregard the former"....."Upon the whole, there can be no room to doubt that the convention acted wisely in copying from the models of those constitutions which have established GOOD BEHAVIOR as the tenure of their judicial offices, in point of duration; and that so far from being blamable on this account, their plan would have been inexcusably defective, if it had wanted this important feature of good government." ~~~fp78 Hamilton~~~
Because of corruption changes are made and the obvious must be stated in freeing slaves, the 14th amendment section 1. "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws."
"I go further, and affirm that bills of rights, in the sense and to the extent in which they are contended for, are not only unnecessary in the proposed Constitution, but would even be dangerous. They would contain various exceptions to powers not granted; and, on this very account, would afford a color able pretext to claim more than were granted. For why declare that things shall not be done which there is no power to do?" ~~~Alexander Hamilton fp84~~~
I'm too intelligent to accept the claim that servants can change the things that are freely done by free people without first getting written permission to do so. The usurpation of powers not granted is an act of rebellion. Even trying to go around a rule is a rebellion against obeying it.
"The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people."
~~~9th amendment~~~
It is the right of free people to keep on doing the things that people have freely done until the sovereign voice of we the people puts the power to restrict that thing into a different sovereign sphere of action by the legal way of altering the social contract.
All of the postulations being done by the domestic enemies of our constitution are false and there is an excellent tell. All of their followers arguments depend on the denying the existence of the right to do a thing that free people have freely done. That and the fact that the first attack on liberties by Judges came right after being granted immunity from prosecution for "grave injustices", (war & treason), and was aimed at the 9th amendment so they could construe that the people had surreddered some thing not listed.
We the People surrender nothing not listed; we have retained the legal Power and the Rights to every thing. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States over any thing the people freely do, without first asking for the sovereign voice of the people to approve amendments to allow limits to be placed on certain liberties. The legal road for change lies open so, for legislators or judges to disparage any freedom is an act of war against the union.
"The reason why men enter into society, is the preservation of their property; and the end why they chuse and authorize a legislative, is, that there may be laws made, and rules set, as guards and fences to the properties of all the members of the society, to limit the power, and moderate the dominion, of every part and member of the society: for since it can never be supposed to be the will of the society, that the legislative should have a power to destroy that which every one designs to secure, by entering into society, and for which the people submitted themselves to legislators of their own making; whenever the legislators endeavour to take away, and destroy the property of the people, or to reduce them to slavery under arbitrary power, they put themselves into a state of war with the people, who are thereupon absolved from any farther obedience, and are left to the common refuge, which God hath provided for all men, against force and violence. Whensoever therefore the legislative shall transgress this fundamental rule of society; and either by ambition, fear, folly or corruption, endeavour to grasp themselves, or put into the hands of any other, an absolute power over the lives, liberties, and estates of the people; by this breach of trust they forfeit the power the people had put into their hands for quite contrary ends, and it devolves to the people, who. have a right to resume their original liberty, and, by the establishment of a new legislative, (such as they shall think fit) provide for their own safety and security, which is the end for which they are in society. What I have said here, concerning the legislative in general, holds true also concerning the supreme executor, who having a double trust put in him, both to have a part in the legislative, and the supreme execution of the law, acts against both, when he goes about to set up his own arbitrary will as the law of the society"
~~~John Locke ~~~ Second treatise on government section 222, the fundamental principals of common law.
What is the legal point of view from which the constitution is to be interpreted?
"The government of the Union, then emphatically and truly, a government of the people. In form, and in substance, it emanates from them. Its powers are granted by them, and are to be exercised directly on them, and for their benefit."
~~~Chief Justice Marshall 17 US 316~~~
All power is derived from the people.
All new powers denied to the states belong first to the people. Until they are legally delegated to some other sovereign sphere of action.
Have the people given up sovereignty? How can that be when powers to govern our life liberties and property are still secured to ourselves and to our posterity by the constitution?
"The sovereignty of a state extends to everything which exists by its own authority, or is introduced by its permission; but does it extend to those means which are employed by congress to carry into execution powers conferred on that body by the people of the United States? We think it demonstrable, that it does not. Those powers are not given by the people of a single state. They are given by the people of the United States, to a government whose laws, made in pursuance of the constitution, are declared to be supreme. Consequently, the people of a single state cannot confer a sovereignty which will extend over them." ~~~Chief Justice Marshall 17 US 316~~~
What is due process of law over the distribution of powers by a constitution?
Again that would be Article 5; "The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution, or, on the Application of the Legislatures of two thirds of the several States, shall call a Convention for proposing Amendments, which, in either Case, shall be valid to all Intents and Purposes, as Part of this Constitution, when ratified by the Legislatures of three fourths of the several States, or by Conventions in three fourths thereof, as the one or the other Mode of Ratification may be proposed by the Congress;..."
The Federal representatives can only speak to the powers delegated to the sovereign sphere of action secured to the legislative branch of the federal government.
The State representatives can only speak to the powers delegated to the sovereign sphere of action of a State.
Neither of those groups can legally speak to the governmental powers secured to the sovereign sphere of action constitutionally secured to ourselves, and to our posterity "We the People".
Every thing that free people have freely done cannot be legally denied or diminished except by the agreement of conventions of we the people from 38 states putting that power into one of the other sovereign spheres of action by legally amending the constitution to denote that.
The state of nature has a law of nature to govern it, that law obliges every one: Being Equal and Independent, no one ought to harm another in his life, health, liberties, or possessions. ~~~John Locke~~~
"whenever the legislators endeavour to take away, and destroy the property of the people, or to reduce them to slavery under arbitrary power, they put themselves into a state of war with the people" ~~~John Locke~~~
Any invasions into the sovereign sphere of action retained by We the People without a warrant, issued by the sovereign voice of We the People, which is supported by force of arms, constitutes an act of war against the Union. Without the intercept of Law protecting their sovereignty, that the people were from the beginning told they would have. Are acts of war against the union.
"But it will not follow from this doctrine that acts of the large society which are NOT PURSUANT to its constitutional powers, but which are invasions of the residuary authorities of the smaller societies, will become the supreme law of the land. These will be merely acts of usurpation, and will deserve to be treated as such. Hence we perceive that the clause which declares the supremacy of the laws of the Union, like the one we have just before considered, only declares a truth, which flows immediately and necessarily from the institution of a federal government. It will not, I presume, have escaped observation, that it EXPRESSLY confines this supremacy to laws made PURSUANT TO THE CONSTITUTION;" ~~~Alexander Hamilton fp#33~~~
"AS conquest may be called a foreign usurpation, so usurpation is a kind of domestic conquest, with this difference, that an usurper can never have right on his side, it being no usurpation, but where one is got into the possession of what another has right to. This, so far as it is usurpation, is a change only of persons, but not of the forms and rules of the government: for if the usurper extend his power beyond what of right belonged to the lawful princes, or governors of the commonwealth, it is tyranny added to usurpation." ~~~John Locke~~~
The free people of this nation are not so incompetent that government can claim to speak for their sovereign voice in matters of changing freedoms or how much here-to-fore accepted harm a citizen can or must face to live in, the home of the brave, our society. To actually be free sovereignty requires that the People draw the lines around every thing they freely do. Any servant of the people trying to go around a rule is guilty of a form of rebellion against that rule.
As long as Legislators and Judges stand with their fists clenched against the power of we the people being superior all, and attempt to dictate freedoms to us, We the People are already in an ex-post-facto state of war with them. It is those legislators and judges along with their gunmen who stand outside the legal laws of this land, in the shoes of the aggressor.
Inside all of the fundamental principals of government and all of the legal laws of this land "we the people" being free people, hold a sovereign sphere of action secured above the Federal sphere of action and above any single states sovereign sphere of action.
Americans need to Understand this: "We the People" is a sovereign societal entity, with a sovereign voice, With a sovereign sphere of action. A legal voice over denying or limiting powers granted out of our sphere of freedoms to the control of any government.
Under the fundamental principals of government we the people founded these United States as a nation of free people with a constitutionally limited from of government to look after the things we the people choose to delegate to them.
Regulating the risks and freedoms of the people is not found among the powers granted. Those are secured to ourselves and to our posterity or rather at the level of sovereignty to our legal voice from conventions of us in each of our states.
When legislators, either Federal or State, try to draw lines over things people are freely doing within their spheres of action, without asking the people, by due process of law Article 5. They overstep their legal boundaries and go into the legal sphere of freedoms, without a direct warrant issued by conventions of the people in 3/4s of the states.
This armed action constitutes an act of war against the roots of our society.
"No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any States deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws." I contend that by due process of law these things are secured at the sovereign level to conventions of we the people. I contend that all of the things that people have freely done over the years, the risks they have been free to take with their lives, their private property and what they can do on their private property are all things outside of the legal jurisdiction of the Federal and State governments.
You are & I am Free within our own sovereign sphere of action. You I, they, them, we all have a responsibility to do no unwarranted harm to any other member of society, but we are free people.
We are free to keep on doing every thing that free people have freely done until our sovereign voice has granted the power over some freedom to some governmental sphere of action. OUR sovereign sphere of action, life, liberties, property, these things can’t be disparaged out of our sphere of action except by due process of our servants asking conventions of us to delegate the power to deny some thing freely done or to diminish some thing freely done by the people. Until our sovereign voice grants some power to alter a thing freely done, taking any freedom by indirect means (legislated) and/or by force of arms (LEOs) is an act of war against the United States.
We would be free but for the rebellious way of legislators sending armed and badged gunmen out to take away a liberty by force of arms rather than by due process of law.
It is not within the laws of this land that a single State can invade the Sovereign sphere of action constitutionally secured to the sovereign voice of "We the People". Article 5 implies that a warrant must first be issued by the holders of sovereignty’s portions before invasion is warranted. When a States has bound itself to, no state shall make or enforce any law that abridges the liberties of the citizens of the United States, It cannot be within the laws of our land to do so. The question if the the people of a single state can confer a sovereignty which will extend over all citizens of the United States, is not in dispute. The sovereign voice of We the People, constitutionally comes only from the agreement of, conventions of we the people, from 3/4s of the States.
What have our children died fighting for?
THE DOMESTIC ENEMIES OF OUR CONSTITUTION?