Ten things about America (Congress, legal, revolution, independence)
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For all those lovable attack drones and stalwart defenders of the status quo, let's see if we can establish some basic concepts before the personal attacks and deflections arrive.
[1] Do you have (A) A right to life, endowed by your Creator or (B) A privilege to live, granted by government?
[2] If you have a right to life, do you also have the right to do any and all harmless acts in support of that right to life? (C) Yes, (D) No.
[3] Are Americans guaranteed a (E) constitutionally limited indirect democracy or (F) a republican form of government?
[4] Are American governments instituted to (G) infringe, tax, or regulate rights, or (H) secure rights?
[5] Can American governments infringe rights other than in the pursuit of justice or by consent? (I) Yes, (J) No.
[6] American governments secure rights by prosecuting deliberate injury to the person, liberty or property of another, and adjudicating disputes. (K) True, (L) False.
[7] If American governments can only govern those who consent, can a majority consent for a minority? (M) Yes, (N) No.
[8] In the republican form of government, the people are : (O) obedient subjects of the sovereign government, or (P) sovereigns, served -not ruled- by government.
[9] That which is absolutely owned by an individual is (Q) private property or (R) estate.
[10] An inhabitant has a permanent legal home, also known as a (S) legal residence or (T) domicile.
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Answers: A,C,F,H,J,K,N,P,Q,T.
REFERENCES:
[1] Declaration of Independence (1776). Men are endowed by their Creators with certain inalienable rights.
[2] Natural liberty.
" Natural liberty is the right which nature gives to all mankind, of disposing of their persons and property after the manner they judge most consonant to their happiness, on condition of their acting within the limits of the law of nature, and that they do not in any way abuse it to the prejudice of other men."
- - - Bouvier's Law Dictionary
[3] Art. 4, Sec. 4, U.S. Constitution.
The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion; ....
[4] Declaration of Independence (1776).
" We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. --That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed..."
[5] Rights cannot be arbitrarily infringed nor taxed.
" Any claim that this statute is a taxing statute would be immediately open to severe constitutional objections. If it could be said that the state had the power to tax a right, this would enable the state to DESTROY RIGHTS GUARANTEED BY THE CONSTITUTIONS through the use of oppressive taxation. The question herein, is one of the state taxing the right of travel by the ordinary modes of the day, and whether this is a legitimate object of state taxation. The views advanced herein are neither novel nor unsupported by authority. The question of the taxing power of the states has been repeatedly considered by the High Court. The right of the states to impede or embarrass the constitutional operations of the the U.S. Government or the RIGHTs which the citizens hold under it, HAS BEEN UNIFORMLY DENIED."
McCulloch v. Maryland 4 Wheat 316.
[8] GOVERNMENT (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, Sixth Edition, P. 695
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
It will be admitted on all hands that with the exception of the powers granted to the states and the federal government, through the Constitutions, the people of the several states are unconditionally sovereign within their respective states.
Ohio L. Ins. & T. Co. v. Debolt 16 How. 416, 14 L.Ed. 997
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)]
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.
[Yick Wo vs Hopkins, 118 U.S. 356, 370 (1886)]
[9] "PRIVATE PROPERTY - As protected from being taken for public uses, is such property as belongs absolutely to an individual, and of which he has the exclusive right of disposition. Property of a specific, fixed and tangible nature, capable of being in possession and transmitted to another, such as houses, lands, and chattels."
- - - Black's Law dictionary, sixth ed., p.1217.
"OWNERSHIP - ... Ownership of property is either absolute or qualified. The ownership of property is absolute when a single person has the absolute dominion over it... The ownership is qualified when it is shared with one or more persons, when the time of enjoyment is deferred or limited, or when the use is restricted. "
- - -Black's Law dictionary, sixth ed., p. 1106
[10] "INHABITANT - One who resides actually and permanently in a given place, and has his domicile there."
- - - Black's Law Dictionary, Sixth Edition, p.782
"DOMICILE - A person's legal home. That place where a man has his true, fixed, and permanent home and principal establishment, and to which whenever he is absent he has the intention of returning."
- - - Black's Law Dictionary, Sixth Edition, p.484
"RESIDENCE - Place where one actually lives ... Residence implies something more than physical presence and something LESS THAN DOMICILE. The terms 'resident' and 'residence' have no precise legal meaning... [One can have many residences but only one domicile]
- - - Black's Law Dictionary, Sixth Edition, p.1308, 1309
The only remedy to a power hungry government is to divest it of power, diminish it, and confound the exercise of that power beyond the organic delegation. In addition to the withdrawal of consent, Americans might suggest that the constitutions shall be amended thusly.
"Nothing beyond securing the endowed rights of the people, as individuals, from predation, shall any American government be authorized to do."
Imagine how that would impact America - - -
[] No special privileges shall be granted to groups (i.e., artificial persons, corporations, and their investors)
[] No authorization to provide services (i.e., public utilities, etc)
[] No authorization to use public funds for private or public charity
[] No grant of immunity from responsibility, civil or criminal
[] No contract for usury shall be enforced by any court of law (usury is a scam to rob, ergo, not legally enforceable)
Too bad how the consent of the governed over the years has led to the taking of life, liberty and blocking the pursuit of happiness to the point we're not really a free people now, rather a people too often demanding the government make more and more oppressive laws. A real free people would not be doing this. It's quite likely that we the people have become not worthy of our constitution.
Too bad how the consent of the governed over the years has led to the taking of life, liberty and blocking the pursuit of happiness to the point we're not really a free people now, rather a people too often demanding the government make more and more oppressive laws. A real free people would not be doing this. It's quite likely that we the people have become not worthy of our constitution.
Not to be a smarta$$ but if the people consent to "oppressive laws" isn't that their choice, free choice?
The operation of law and government in the United States is defined by the Constitution and the Amendments, the US code of law, and the rulings of the Supreme Court.
The Following do not define US law:
The Declaration of Independence
Anybody's Law Dictionary
Any law case not upheld by the Supreme Court
This isn't mudded logic. This is an utter absence of same.
The operation of law and government in the United States is defined by the Constitution and the Amendments, the US code of law, and the rulings of the Supreme Court.
Actually, it's the STATUTES AT LARGE that constitute the legislation. The U.S. code is merely the codification of the statutes into 50 titles. And not all titles are positive law. Which means you cannot rely on the code as written, but must refer back to statute.
Quote:
Originally Posted by mensaguy
The Following do not define US law:
The Declaration of Independence
Anybody's Law Dictionary
Any law case not upheld by the Supreme Court
This isn't mudded logic. This is an utter absence of same.
Actually, if you read Art. 4, Sec. 4, it promises a REPUBLICAN FORM.
Those who volunteered out of the republican form and into the democratic form, have a different set of obligations.
As to the Declaration of Independence, you will find NO LAW passed that is in violation of it.
If you dispute the definitions of the law dictionary and other authorities, feel free to post the dissenting definition.
The Supreme Court only grants certiorari on a small number of cases of interest. That it ignores many cases does not diminish their precedence or refutes their rulings.
The Declaration of Independence Part of American Law
Professor John Eidsmoe writes:
"The role of the Declaration of Independence in American law is often misconstrued. Some believe the Declaration is simply a statement of ideas that has no legal force whatsoever today. Nothing could be further from the truth. The Declaration has been repeatedly cited by the U.S. Supreme Court as part of the fundamental law of the United States of America.
"The United States Code Annotated includes the Declaration of Independence under the heading 'The Organic Laws of the United States of America' along with the Articles of Confederation, the Constitution, and the Northwest Ordinance.
Enabling acts frequently require states to adhere to the principles of the Declaration; in the Enabling Act of June 16, 1906, Congress authorized Oklahoma Territory to take steps to become a state. Section 3 provides that the Oklahoma Constitution 'shall not be repugnant to the Constitution of the United States and the principles of the Declaration of Independence.' (Christianity and the Constitution, pp. 360-361)”
Apparently this professor suffers from the same muddled logic or lack of logic.
Last edited by jetgraphics; 04-22-2013 at 07:07 PM..
Not to be a smarta$$ but if the people consent to "oppressive laws" isn't that their choice, free choice?
A majority cannot "consent" for a minority, nor deprive them of their rights... unless they consent, too.
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