I Am Not a Sovereign and Neither Are You!

[Keith Broaders]

I am not a sovereign and neither are you. We were all endowed by our Creator with the same rights and responsibilities. God who is the Creator is the only sovereign and none of us has authority or jurisdiction over anyone else.

God wrote the laws that govern the universe and the founders of our nation referred to them as the "Laws of Nature and Nature's God". The rules written by legislatures are inferior to the Laws of God. When the laws of men conflict with the laws of God the laws of God take precedent.

I have a right to do whatever I want as long as I do not violate the life, liberty or property of another human. Whenever an individual violates the rights of another they have committed a crime. No crime can be committed unless there is a victim, (Corpus Delecti). The only people who should ever be in prison are those who injure another being, human or not. If you abuse life, you should be punished. You should not be incarcerated or have your property seized for "Code Violations" or "Traffic Infractions", etc.

[Debra Bryant]

Keith,

There is a long list of case law that says the people are the true sovereign's in the United States of America.

All legal process in the State of California is brought in the name name of the People.  We say the states are sovereign, but only by virtue of the sovereign that resides within it.  If no people were in the state, the state would be nothing.

GOVERNMENT CODE SECTION 100

100.  (a) The sovereignty of the state resides in the people

thereof, and all writs and processes shall issue in their name.

   (b) The style of all process shall be "The People of the State of

California," and all prosecutions shall be conducted in their name

and by their authority.

California Government Code

Section 181.  The original and ultimate right to all property within the

limits of the State is in the people thereof.

California Civil Code Section 22-22.2

22.  Law is a solemn expression of the will of the supreme power of

the State.

 

 

22.1.  The will of the supreme power is expressed:

   (a) By the Constitution.

   (b) By statutes.

22.2.  The common law of England, so far as it is not repugnant to

or inconsistent with the Constitution of the United States, or the

Constitution or laws of this State, is the rule of decision in all

the courts of this State.

California Government Code Section 11120:

It is the public policy of this state that public agencies

exist to aid in the conduct of the people's business and the

proceedings of public agencies be conducted openly so that the public

may remain informed.

   In enacting this article the Legislature finds and declares that

it is the intent of the law that actions of state agencies be taken

openly and that their deliberation be conducted openly.

   The people of this state do not yield their sovereignty to the

agencies which serve them. The people, in delegating authority, do

not give their public servants the right to decide what is good for

the people to know and what is not good for them to know. The people

insist on remaining informed so that they may retain control over the

instruments they have created.

 So....we are in fact, sovereign, but with no subjects.  At the Revolution when the People won the right to have their own government with no king as their master, the sovereignty of the king fell onto the people.  No federal or state governments existed at the time and it was the People that created both in their authority and by virtue of their sovereignty. 

The federal and state governments exist solely for the purpose of conducting the people's business, protecting them from foreign enemies, and such.  Governments exercise the sovereignty the People granted them, but the People never yielded their authority or sovereignty to either.

That is why the US Constitution is an enumeration of the grants of power for the government, not the people.  The Constitution specifically spells out what they are permitted to do as the entity which the people created, in their sovereign capacity.   They cannot exercise more authority than they were granted without violating that contract.  Which they clearly have.

The People created both the states and the federal governments.  Not the other way around.

[Randall Smith]

The Constitution Club is, for me, a great place to learn. Your most recent post reinforces that idea. Thanks, Keith. Randall Smith

[Debra Bryant]

I believe it was Samuel Adams that said Christianity is part of the Common Law.

oops!  it was James Wilson.

James Wilson (American Minute for August 21st:) He was one of six founding fathers to sign both the Declaration of Independence and the Constitution. President Washington appointed him to the Supreme Court. Born in Scotland, he was an active delegate at the Constitutional Convention, speaking 168 times. His name was James Wilson and he died AUGUST 21, 1798. The first law professor of the University of Pennsylvania, James Wilson wrote in his Lectures on Law, 1789-91: "Law...communicated to us by reason and conscience...has been called natural; as promulgated by the Holy Scriptures, it has been called revealed...But it should always be remembered, that this law, natural or revealed...flows from the same divine source; it is the law of God." James Wilson continued: "Human law must rest its authority, ultimately, upon the authority of that law, which is divine." The Supreme Court of Pennsylvania records in Updegraph v. Commonwealth, 1824: "The late Judge James Wilson, of the Supreme Court of the United States, Professor of Law in the College in Philadelphia...for our present form of government we are greatly indebted to his exertions...In his Course of Lectures (3d Vol. of his Works, 122), he states that...'Christianity is part of the common-law.'"

[Morton IX]

I disagree Debra,

I think you have made the case for Sovereignty MUCH better than I could have.

And you are correct. The government, being a creation of the people, cannot wield a power not already present in the entity which created it, THE PEOPLE! Can you say

I ROBOT?

[Bill May]

The state constitutions and the rights they secure simply cannot be seen in the current courts.  The judicial branch / common law courts were closed in the 1950's are replaced with legislative branch courts.  These new courts are merely admin. They are creations of the legislature or operate by their permission.  They cannot see the common law and have no jurisdiction / authority over the white people born in any state.  Therefore you cannot demand that these courts recognize your common law rights.  If you have common law rights, your only option is to understand why they lack authority over you and challenge their authority with a jurisdictional challenge.  I think a demurrer would work if properly worded.

[Randall Smith]

This comment is not related in any way to any comment that precedes it. These are my thoughts at this particular time, thoughts I'd like to share.

These kinds of discussions and/or dialogs, found everywhere on the internet today, are interesting - even enjoyable, enlightening, informative, etc. They may provide a sense of connectedness, though, at my age and in my experience, they are a less than satisfactory substitute for real, live human interaction in real time. Our psychology brothers and sisters might suggest that these verbal exchanges are cathartic and provide at least temporary relief from emotions that we are all experiencing such as fear, depression, anxiety, anger, etc.

As I understand the situation in our Country (regardless of what you call it or how you spell it) from various, very reliable sources, while you are exercising your frontal lobes at your keyboards, I would urge you to also exercise other parts of your cerebral hemispheres by learning about and building skills in self-defense (for yourself and your family), emergency preparedness in all of its various and sundry forms (nutrition, medicine, communications, your pets, etc.), At this juncture, we must operate large on inference. No one has a crystal ball, at least one guaranteed to be 100% accurate 100% of the time. In many respects, we are left to operate largely on conjecture and inference. However, that does not mean that we should immerse ourselves in avoidance behaviors, something that, perhaps, we have done historically and which has contributed rather significantly to the dire situation in which we currently find ourselves.

Our Creator has given each and every member of this group the ability to plan, imagine and think rationally. We can formulate viable and realistic hypotheses that point to effective responses to prepare ourselves for a largely unknown future. We may not get it right with 100% accuracy, but we can come close. None of us have ever been here before. However, as a commissioned airman, a communications and intel officer and based on information received to date, I would encourage all of my fellow Countrymen to think, to plan, to act and, perhaps, spend a little less time composing at the computer which, in all probability, could just as well remain unexpressed while we use that same amount of time to work on more immediate, pressing and important tasks. I am NOT discouraging communication. On the contrary, I cannot  emphasize the importance of communication enough. However, there is simply no completely satisfactory substitute for direct, oral communication between and among fellow human beings (as opposed to largely anonymous, often ambiguous or esoteric, written messages on computers). With such written messages, one loses extremely valuable "non-speech" information imparted by such non-speech components as facial expression ("body language"), tone of voice, inflection/intonation, eye contact, etc. - all of which are present and valuable to the total message being communicated.

Do you know your neighbors? Have you talked with them and made a workable plan for your mutual protection - perhaps prepared a "call list"? Have you met locally with people in your community, some of  whom you may not know - yet - to formulate an action plan which covers multiple possibilities or scenarios? My concern is that, when the time for effective planning and communication arrives, in the absence of preparation, it may well be too late. Every ex-GI understands the importance of, and the reason behind, conducting practice drills. It is so that, when an actual emergency occurs, people are prepared mentally and physically (e.g. "muscle memory") to respond effectively. They know exactly what to do. God bless each of you. Yours in Liberty, Randall Smith

[Morton IX]

That's fine Randall,

But for one who would rather act than write, you sure have said a lot.

Second,

It might surprise you to know that most of us here ARE prepared with the things you mention. Each having their own areas of specialization.

Also, I disagree with your description of the limitations inherent in the written word. There are MANY ways to Express yourself in writing! (That's esp. what these are for) You discount the ability of MS Word. MANY thoughts can be EMPHATICALLY written.

And lastly, You're right. We should all have a plan. The old Boy Scout Motto: "Be Prepared".

[Quisno Rodonovich]

 "No better man can be than he who serves his neighbors":  Oliver Zierlein a German immigrant who served his neighbors as mayor, City council man,  and county commissioner in the 20's and thirties" Noted as a geologist who loved his Community, and knew about his Republic as well.

[Kirk Beck]

I Timothy 6:15  "and this will be made manifest at the proper time by the blessed and only Sovereign, the King of kings and Lord of lords.   Morton, that reference is to Jesus, not you, not me.    If you even think you are sovereign over yourself, you are sadly mistaken.  Either Christ rules in the heart or the devil.  We only choose who we will follow, minute by minute.  I fail daily.  No one can tell me that I am sovereign over me.  Paul tells us that there is a law working inside of each of us--the law of sin and death.

It is very dangerous to put any real trust in man.  Most of what comes from your pen is highly esteemable. This is not.  But I thank you for your interest in the topic.  I think I will leave it at this.

[Morton IX]

See you in The West Virginia Republic very soon Kirk, Before that however, We should talk.

p.s. - We were not given free will for nothing!

[Debra Bryant]

"...at the Revolution, the sovereignty devolved on the people; and they are truly the sovereigns of the country, but they are sovereigns without subjects...with none to govern but themselves; the citizens of America are equal as fellow citizens, and as joint tenants in the sovereignty." CHISHOLM v. GEORGIA (US) 2 Dall 419, 454, 1 L Ed 440, 455 @DALL 1793 pp471-472

1849 California Constitution: WE the people of California, grateful to Almighty God for our freedom: in order to secure its blessings, do establish this Constitution--

1879 State of California Constitution: We, the People of the State of California, grateful to Almighty God for our freedom, in order to secure and perpetuate its blessings, do establish this Constitution

Constitution for the United States of America: We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.

To deprive the People of their sovereignty it is first necessary to get the People to agree to submit to the authority of the entity they have created. That is done by getting them to claim they are citizens of that entity (see Const. for the U.S.A., XIV Amendment, for the definition of a citizen of the United States.)

In all three constitutions (and the constitution of any real republic) the operative word is "establish." The People existed in their own individual sovereignty before the constitution was enabled. When the People "establish" a constitution, there is nothing in the word "establish" that signifies that they have yielded any of their sovereignty to the agency they have created. To interpret otherwise would convert the republic into a democracy (see Republic vs. Democracy; also see conditions of admission of California to the union). Also, see the legislated notice from the People to the government written in the California Government Codes 11120 and 54950 quoted above.

STATE
Black's Law Dictionary, Fourth Edition

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 of entering into international relations with other communities of the globe. United States v. Kusche, D.C.Cal., 56 F.Supp. 201, 207, 208. The organization of social life which exercises sovereign power in behalf of the people. Delany v. Moraitis, C.C.A.Md., 136 F.2d 129, 130.

California Government Code Sections 11120 and 54950 contain strong statements about the sovereignty of the people.

One of the first justices of the US Supreme Court James Wilson said: It is the people not the prince, who is superior in matters of legal sovereignty. (1790)

From a human source it cannot flow; for no stream issuing from thence can rise higher than the fountain.
Had it been the intention of Providence, that some men should govern the rest, without their consent, we should have seen as indisputable marks distinguishing these superiours from those placed under them, as those which distinguish men from the brutes. The remark of Rumbald, in the nonresistance time of Charles the second, evinced propriety as well as wit. He could not conceive that the Almighty intended, that the greatest part of mankind should come into the world with saddles on their backs and bridles in their mouths, and that a few should come ready booted and spurred to ride the rest to death.q Still more apposite to our purpose is the saying of him, who declared that he would never subscribe the doctrine of the divine right of princes, till he beheld subjects born with bunches on their backs, like camels, and kings with combs on their heads, like cocks; from which striking marks it might indeed be collected, that the former were designed to labour and to suffer, and the latter, to strut and to crow.

[Morton IX]

Not only that Debra,

But if God had not given us free will sovereignty over ourselves, there would be know power for us to "DELEGATE" out to ANYONE! We are truly powerless against abuse of this power if it does not originate with us. That does not mean that God does not belong over us, it just means government doesn't.

Also, even God recognized that the "Law of Necessity" trumps ALL LAW, Even His. Therefor, if we must break God's Law and kill to keep from being killed, then we shall be forgiven for taking "The Law" into our own hands and playing God/King/Sovereign.

For "Necessity" Trumps ALL!