Quote:
Originally Posted by Memphis1979
You're disagreeing that the government of these United States of America is a Democratic Republic?
I know the law...
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Read Art.4, Sec.4, USCON.
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]
It's a common mistake to assume "republic" = "republican form".
REPUBLIC - A commonwealth; That form of government in which the administration of affairs is open to all the citizens. In another sense, it signifies the state, independent of its form of government.
Black's Law Dictionary, Sixth Edition, P. 1302
A republic is not synonymous with a republican form of government.
The People's Republic of China is a republic but not a republican form.
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
DEMOCRACY - 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 monarchy, aristocracy, or oligarchy."
- - - Black's Law Dictionary, Sixth Edition, P. 432
The key distinguishing feature between a republican and democratic form is sovereignty.
In the republican form, the PEOPLE individually are sovereign and directly exercise that power.
In the democratic form, the "whole body of citizens" indirectly exercise it via representation. But in truth, democratic majorities override the individual, so no individual is sovereign.
Still need more proof?
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)]
"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
And citizens are NOT sovereigns.
"... 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)
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
Feel free to ask "your" public servant how and when American people (who were endowed with the birthright to be sovereign) became subject U.S. citizens at birth? But do not be surprised when they do not answer.