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Line 30: − + − + − + − + − + + − + − " In Europe, the executive is almost synonymous with the sovereign power of a State; and generally includes legislative and judicial authority. When, therefore, writers speak of the sovereign, it is not necessarily in exclusion of the judiciary; and it will often be found that when the executive affords a remedy for any wrong, it is nothing more than by an exercise of its judicial authority. Such is the condition of power in that quarter of the world, where it is too commonly acquired by force or fraud, or both, and seldom by compact. In America, however, the case is widely different. Our government is founded upon compact. Sovereignty was, and is, in the people.+ + − + − + − + − + − + − +
→Heretical but more probable
Though it's popular to proclaim that the U.S.A. is a "democracy" that is untrue. The U.S. Constitution guarantees a "republican form" to the States. The Federal government, itself, is organized as a constitutional democracy, but the U.S.A. is technically not a democracy. The key difference is founded in the distinction between sovereign powers and how they're exercised.
Though it's popular to proclaim that the U.S.A. is a "democracy" that is untrue. The U.S. Constitution guarantees a "republican form" to the States. The Federal government, itself, is organized as a constitutional democracy, but the U.S.A. is technically not a democracy. The key difference is founded in the distinction between sovereign powers and how they're exercised.
"The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion; ...."
''"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]
[United States Constitution, Article 4, Section 4]
REPUBLICAN 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
'''REPUBLICAN 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. In re Duncan, 139 U.S. 449, 11 S.Ct. 573, 35 L.Ed. 219; Minor v.
delegated''. 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, 4th ed.
Happersett, 88 U.S. (21 Wall.) 162, 22 L.Ed. 627. - - - Black's Law Dictionary, 4th ed.
This is entirely different from the definition for a democracy:
This is entirely different from the definition for a democracy:
"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."
"'''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
- - - Black's Law Dictionary, Sixth Edition, P. 432
As you can see, the court cites AND the definition of the republican form are congruent. The U.S. governments, Federal and State, admit that the PEOPLE are sovereign.
As you can see, the court cites AND the definition of the republican form are congruent. The U.S. governments, Federal and State, admit that the PEOPLE are sovereign.
''
"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
"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
WHO are sovereign?
WHO are sovereign?
"People are supreme, not the state."
''"People are supreme, not the state."''
Waring v. the Mayor of Savannah, 60 GA at 93.
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."
''"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)
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."
''"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
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."
''"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
Ohio L. Ins. & T. Co. v. Debolt 16 How. 416, 14 L.Ed. 997
''
In Europe, the executive is almost synonymous with the sovereign power of a State; and generally includes legislative and judicial authority. When, therefore, writers speak of the sovereign, it is not necessarily in exclusion of the judiciary; and it will often be found that when the executive affords a remedy for any wrong, it is nothing more than by an exercise of its judicial authority. Such is the condition of power in that quarter of the world, where it is too commonly acquired by force or fraud, or both, and seldom by compact. 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)]
[Glass vs The Sloop Betsey, 3 Dall 6 (1794)]
"...While sovereign powers are delegated to ... the government, sovereignty itself remains with the people..."
''"...While sovereign powers are delegated to ... the government, sovereignty itself remains with the people..."''
[Yick Wo vs Hopkins, 118 U.S. 356,370]
[Yick Wo vs Hopkins, 118 U.S. 356,370]
WHO are not sovereign?
WHO are not sovereign?
"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
"'''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. "
their individual as well as collective rights.'' "
- - - Black's Law Dictionary, Sixth Ed. p.244
- - - 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
"'''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."
term is little used, in this sense, in countries enjoying a '''republican form of government''' .''"
- - - Black's Law Dictionary, Sixth Edition, p. 1425
- - - Black's Law Dictionary, Sixth Edition, p. 1425
"... 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."
''"... 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."''
- State v. Manuel, 122 N.C. 122
- State v. Manuel, 122 N.C. 122
In essence, though most Americans presume that they're "U.S. citizens" at birth (and obligated to perform), the fact is that freeborn American nationals are people unfettered by compulsory duties. However, they may choose to exercise political liberty (vote and hold office) and drop in legal status, moving from the republican form to the democratic form of government.--[[User:Jetgraphics|Jetgraphics]] 12:41, 14 November 2007 (EST)
In essence, though most Americans presume that they're "U.S. citizens" at birth (and obligated to perform), the fact is that freeborn American nationals are people unfettered by compulsory duties. However, they may choose to exercise political liberty (vote and hold office) and drop in legal status, moving from the republican form to the democratic form of government.--[[User:Jetgraphics|Jetgraphics]] 12:41, 14 November 2007 (EST)