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Old 02-14-2009, 09:30 AM
Location: Prepperland
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Originally Posted by arctichomesteader View Post
And Article 6 has nothing to do with the Articles of Confederation remaining binding, but rather, that the new union would still pay all debts. But even if you were right, Article II of the Articles of Confederation says:
Article II. Each state retains its sovereignty, freedom, and independence, and every power, jurisdiction, and right, which is not by this Confederation expressly delegated to the United States, in Congress assembled.
Sigh. What do you think "State" means?

Land? Government? Or the People?
STATE - A people permanently occupying a fixed territory bound together by common-law habits and custom into one body politic exercising, through the medium of an organized government, independent sovereignty and control over all
persons and things within its boundaries, capable of making war and peace and entering into international relations with other communities of the globe.
-In its largest sense, a "state" is a body politic or a society of men.
-The section of territory occupied by one of the United States.
-One of the component commonwealths or states of the United States of America.
- - - Black's Law Dictionary, Sixth Ed., p.1407
Isn't that confusing? A "State" can be the people, a state of the U.S.A. (50 states), or a section of territory of the Federal "State" (like Puerto Rico).

Pursuant to the supremacy clause of the U.S. Constitution, all STATE officials and officers swear a dual oath submitting to the supremacy of the U.S. constitution over their oath to the State.

HOWEVER, does that mean the American people have also submitted to the supremacy of the U.S. Constitution?
"But, indeed, no private person has a right to complain, by suit in Court, on the ground of a breach of the Constitution. The Constitution, it is true, is a compact, but he is not a party to it. The States are the parties to it. And they may complain. ..."
- - -Padelford, Fay & Co. vs. Mayor and Alderman, City of Savannah, 14 Ga. 438, 520 (1854) Supreme Court of Georgia
"Government is not Sovereignty. Government is the machinery or expedient for expressing the will of the sovereign power."
City of Bisbee v. Cochise County, 78 P. 2d 982, 986, 52 Ariz. 1

"People are supreme, not the state."
Waring v. the Mayor of Savannah, 60 GA at 93.

"The people of the state, as the successors of its former sovereign, are entitled to all the rights which formerly belonged to the king by his own prerogative."
Lansing v. Smith, (1829) 4 Wendell 9, (NY)

"At the Revolution, the sovereignty devolved on the people and they are truly the sovereigns of the country."
Chisholm v. Georgia, 2 Dall. 440, 463

REPUBLICAN (form of) GOVERNMENT. One in which the powers of sovereignty are vested in the people and are exercised by the people,... directly,.
- - - Black's Law Dictionary

SOVEREIGNTY - ...By "Sovereignty", in its largest sense is meant supreme, absolute, uncontrollable power, the absolute right to govern.
Black's Law Dictionary Dictionary, Sixth Edition, p. 1396.

SOVEREIGN - A person, body or state in which independent and supreme authority is vested...
Black's Law Dictionary Dictionary, Sixth Edition, p. 1395.

"... the term 'citizen,' in the United States, is analogous to the term "subject" in the common law; the change of phrase has resulted from the change in government. ... he who before was a "subject of the King" is now a citizen of the State."
State v. Manuel, 20 N.C. 144 (1838)

"CITIZEN - ... Citizens are members of a political community who, in their associative capacity, have established or submitted themselves to the dominion of government for the promotion of the general welfare and the protection of their individual as well as collective rights. "
- - - Black's Law Dictionary,Sixth Ed. p.244

"SUBJECT - One that owes allegiance to a sovereign and is governed by his laws.
...Men in free governments are subjects as well as citizens; as citizens they enjoy rights and franchises; as subjects they are bound to obey the laws. The term is little used, in this sense, in countries enjoying a republican form of government."
- - - Black's Law Dictionary, Sixth Edition, p. 1425

In America, the people are sovereigns, but the citizens are subjects. That's why the government can claim "sovereign immunity" from lawsuit - by its own citizens. But government is NOT sovereignty.

If one is a sovereign American, he retains sovereignty, freedom, and independence, and every power, jurisdiction, and right.

Of course such authority is limited to his domain - that which he absolutely owns - himself, his labor and the land and property he acquires. (In other words, he has natural and personal liberty.)

Unfortunately, via enrollment into national socialism, most Americans have surrendered their birthright that their ancestors fought and died for.
That is tragic.
The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion;
[United States Constitution, Article 4, Section 4]

REPUBLICAN (form of) GOVERNMENT. One in which the powers of sovereignty are vested in the people and are exercised by the people, ... directly,.... 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
In America, however, the case is widely different. Our government is founded upon compact. Sovereignty was, and is, in the people.
[ Glass vs The Sloop Betsey, 3 Dall 6 (1794)]

If you are one of the private people who are not parties to the compact known as the state and federal constitution, you are not subject to it nor object of it.

You are one of the sovereign people, whom government was created to serve. You were not born into servitude, obligated to serve the government.


(P.S. - there is only one nation on this planet that espouses a republican form of government.)
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