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« Re: Thomas Joseph Brown, Defendant-in-Error; Crown ref CIV 2013-088-003345 | Main | [ronpaul-48] FW: Alan Simpson, the Senator from Wyoming , calls senior citizens the 'Greediest Generation' »

Move Over, Jihadists — "Sovereign Citizens" Seen as America’s Top Terrorist Threat

But ... BUT ... hasn't the U.S. Supreme Court already identified the American People
as "sovereigns without subjects"?

I'm confused:

http://supremelaw.org/fedzone11/htm/chaptr11.htm


The words "people of the United States" and "citizens" are synonymous terms, and mean the same thing.  They both describe the political body who, according to our republican institutions, form the sovereignty, and who hold the power and conduct the government through their representatives.  They are what we familiarly call the "sovereign people," and every citizen is one of this people, and a constituent member of this sovereignty.

 

[Dred Scott v. Sandford, 19 How. 393 (1856)]

[emphasis added]

 

Sovereignty itself is, of course, not subject to law, for it is the author and source of law;  but in our system, while sovereign powers are delegated to the agencies of government, sovereignty itself remains with the people, by whom and for whom all government exists and acts.  And the law is the definition and limitation of power.  It is indeed, quite true, that there must always be lodged somewhere, and in some person or body, the authority of final decision;  and in many cases of mere administration the responsibility is purely political, no appeal except to the ultimate tribunal of the public judgement, exercised either in the pressure of opinion or by means of the suffrage.  But the fundamental rights to life, liberty, and the pursuit of happiness, considered as individual possessions, are secured by those maxims of constitutional law which are the monuments showing the victorious progress of the race in securing to men the blessings of civilization under the reign of just and equal laws, so that, in the famous language of the Massachusetts Bill of Rights, the government of the commonwealth "may be a government of laws and not of men."  For, the very idea that one man may be compelled to hold his life, or the means of living, or any material right essential to the enjoyment of life, at the mere will of another, seems to be intolerable in any country where freedom prevails, as being the essence of slavery itself.

 

[Yick Wo v. Hopkins, 118 U.S. 356, 370 (1886)]

[emphasis added]

 

In the United States***, sovereignty resides in the people who act through the organs established by the Constitution.  [cites omitted]  The Congress as the instrumentality of sovereignty is endowed with certain powers to be exerted on behalf of the people in the manner and with the effect the Constitution ordains.  The Congress cannot invoke the sovereign power of the people to override their will as thus declared.

 

[Perry v. United States, 294 U.S. 330, 353 (1935)]

[emphasis added]

 

No discussion of sovereignty would be complete, therefore, without considering the sovereignty that resides in "US", the People.  The Supreme Court has often identified the People as the source of sovereignty in our republican form of government.  Indeed, the federal Constitution guarantees to every State in the Union a "Republican Form" of government, in so many words:

 

      Section 4The United States shall guarantee to every State in this Union a Republican Form of Government ....

 

[Constitution for the United States of America]

[Article 4, Section 4, emphasis added]

 

What exactly is a "Republican Form" of government?  It is one in which the powers of sovereignty are vested in the People and exercised by the People.  Black's Law Dictionary, Sixth Edition, makes this very clear in its various definitions of "government":

 

      Republican government.  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.

 

The Supreme Court has clearly distinguished between the operation of governments in Europe, and government in these United States*** of America, as follows:

 

      In Europe, the executive is almost synonymous with the sovereign power of a State;  and generally includes legislative and judicial authority. ... Such is the condition of power in that quarter of the world, where it is too commonly acquired by force or fraud, or both, and seldom by compact.  In America, however, the case is widely different.  Our government is founded upon compact.  Sovereignty was, and is, in the people.

 

[Glass v. The Sloop Betsey, 3 Dall 6 (1794)]

[emphasis added]

 

I have no doubt that those born in the Territories, or in the District of Columbia, are so far citizens as to entitle them to the protection guaranteed to citizens of the United States** in the Constitution, and to the shield of nationality abroad;  but it is evident that they have not the political rights which are vested in citizens of the States.  They are not constituents of any community in which is vested any sovereign power of government.  Their position partakes more of the character of subjects than of citizens.  They are subject to the laws of the United States**, but have no voice in its management.  If they are allowed to make laws, the validity of these laws is derived from the sanction of a Government in which they are not represented.  Mere citizenship they may have, but the political rights of citizens they cannot enjoy until they are organized into a State, and admitted into the Union.

 

[People v. De La Guerra, 40 Cal. 311, 342 (1870)]

[emphasis added]

 

The people of the United States***, as sovereign owners of the national territories, have supreme power over them and their inhabitants. ... The personal and civil rights of the inhabitants of the territories are secured to them, as to other citizens, by the principles of constitutional liberty, which restrain all the agencies of government, state and national;  their political rights are franchises which they hold as privileges in the legislative discretion of the congress of the United States**.  This doctrine was fully and forcibly declared by the chief justice, delivering the opinion of the court in National Bank v. County of Yankton, 101 U.S. 129.

 

[Murphy v. Ramsey, 114 U.S. 15 (1885)]

[italics in original, emphasis added]

 

All territory within the jurisdiction of the United States* not included in any State must, necessarily, be governed by or under the authority of Congress.  The Territories are but political subdivisions of the outlying dominion of the United States**.  They bear much the same relation to the General Government that counties do to the States, and Congress may legislate for them as States do for their respective municipal organizations.  The organic law of a Territory takes the place of a constitution, as the fundamental law of the local government.  It is obligatory on and binds the territorial authorities;  but Congress is supreme and, for the purposes of this department of its governmental authority, has all the powers of the People of the United States***, except such as have been expressly or by implication reserved in the prohibitions of the Constitution.

 

[First National Bank v. Yankton, 101 U.S. 129 (1880)]

[emphasis added]

 


--
Sincerely yours,
/s/ Paul Andrew Mitchell, B.A., M.S.
Private Attorney General, 18 U.S.C. 1964
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February 22, 2015 in Current Affairs | Permalink