Quote:
Originally Posted by Matt Marcinkiewicz
People like you who reverently quote the Constitution as if it's some unerring work of the divine need to realize that any work of the 18th century (in any field) is not going to stand up to 21st century scrutiny all that well.
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[Sweeping Generalization Refutation Flag on]
Contrary to your false assumption, I do not "reverently" quote the USCON. It's a compact for specific performance, a contract, and I am not party to it. But those who ARE - had better perform to it. If you do not comprehend that "it" is just a compact, again, you're the victim of the WGPM.
"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)]
And since you don't quite comprehend the terms previously used, I will help you out. It's a common mistake to assume that a representative indirect democracy is what a
republican form is, distinct from a pure democracy. In fact, the democratic form and the republican form are mutually exclusive.
It's a common mistake to assume "republic" = "republican form", too.
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. A republic refers to citizens, not sovereign people.
GOVERNMENT (Republican Form of 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.
- - - 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
- In the republican form, the people (individually) are the sovereigns.
- In the democratic form, the citizens (collectively) delegate power to the government, their sovereign.
Democratic form: Three hungry wolves and two lambs, voting on the dinner menu.
Republican form: Three muzzled wolves and two lambs, armed with submachine guns, ordering pizza.
Now, consider this - when you watch a criminal trial, the case will be styled:
"The People versus the Accused...."
And the judge will ask the prosecutor questions like,
"Are the People satisfied with ..." or
"What is the People's position on bail?"
Why isn't the judge asking, "Are the CITIZENS satisfied with..." or "What is the Citizens' position on bail?"
Because the government does not work for the CITIZENS in the republic / indirect democratic form.
The government works for the PEOPLE in the republican form of government.
And as to the USCON, it's not MY COMPACT.
"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
"The Constitution was ordained and established by the people of the United States for themselves, for their own government and not for the government of the individual States."
- - -John Barron v. The Mayor and City Council of Baltimore, 7 Peters 204, (1822).
In case you didn't know, the USCON was written while under the Articles of Confederation, and the term, "United States" referred to Congress, not the "United States of America."
The United States is a foreign corporation with respect to a state and is a separate sovereignty.
Title 28 United States Code, §3002. Definitions,
(15) “United States” means -
(a) a Federal corporation
FEDERAL CORPORATIONS - The United States government is a foreign corporation with respect to a state.
- - - Volume 19, Corpus Juris Secundum XVIII.
Foreign Corporations, Sections 883,884
"The United States and the State of California are two separate sovereignties, each dominant in its own sphere."
Redding v. Los Angeles (1947), 81 C.A.2d 888, 185 P.2d 430.
So let's just say most Americans were never "born in the jurisdiction of a foreign corporation" and had involuntary servitude imposed on them at birth.
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)]
For whom does "all government" exist and act?
THE SOVEREIGN PEOPLE.
But CITIZENS are subjects, by definition.
"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
"... 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
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So which one are YOU?
[] One of the sovereign people, served by government, or
[] One of the subject citizens, who serve the government.
DO NOT BELIEVE ME - go read the law for yourself.
P.S. - here's a non-legal reference from “The Devil’s Dictionary”, by Ambrose Bierce, a collection of humorous definitions, originally published in a weekly paper starting in 1881.
Apparently his audience knew what he was writing about, though today’s reader would not.
.................................................. ...............
ALIEN, n. An
American sovereign in his probationary state.
- - - - “The Devil’s Dictionary” (1906), by Ambrose Bierce
.................................................. ...............
His audience knew what an “American sovereign” was, to understand the joke.
(You can download a free copy from Gutenberg.org)
Sadly, the modern American IS ignorant - of his history and of his heritage and of his form of government.