The U.S. government’s limited authority is delegated only by the U.S. Constitution.
The U.S. government has no authority beyond what the Constitution delegated. No other source can delegate any authority to government. Voters and legislators cannot change the pre-existing authority into something else.
It is NOT a natural order of society to live under a centralized government.
It IS the natural order of society to live under the laws of nature and of Nature’s God. Governments are instituted among men to secure these natural rights (unstated by the Declaration of Independence: to secure the natural rights for those who don’t want the responsibility to secure their own unalienable rights).
- We did not have a central government for the first ten books of the Bible. We had family (patriarchal) government that ruled by love, not a central government that ruled by force, fear and violence. Electing a King was evil in the eyes of the Lord (First Samuel 12:17).
- Christ, at the last supper, told his apostles that they were not to rule like the princes who take orders from a top-down organization to bestow benefits. Not so among you. (Luke 22:26)
- When the original 13 States wrote their Constitutions, Liberty was freedom from all known methods of compulsion. And government are instituted among men to secure these rights. To secure the blessings of liberty. [If this does not describe YOUR government, you should want to find out why].
The laws of nature and of nature’s God require us to manage our own affairs and protect our neighbors. But we didn’t want these responsibilities, so we created government to manage our affairs and protect our neighbors. Unfortunately, rights only come with responsibilities. Prophecy is again fulfilled. Because of your covetousness “… ye shall cry out in that day because of your king which ye shall have chosen you; and the Lord will not hear you in that day..” First Samuel 8:18. Just like Esau, you sold your birthright for a promised future bowl of stew. At least Esau got to eat what he bargained for, as did Adam.
Societies created State governments by writing their Constitutions. They delegate specific duties to their future civil servants for their society’s purposes. — And nobody else. Only those participating in their political society were subject to their laws and protected by their laws. Natives, foreigners, and tourists remain subject to the Laws of Nature. They are outside the venue of government. And criminals, paupers, vagabonds and fugitives lose their political rights, if they had any.
State governments are artificial entities created on paper (often called a compact, charter or constitution) by representatives of society. Then people who want to be inferior to the artificial entity will swear oaths-of-office to perform the delegated (by their constitution) duties of the artificial entity.
Government’s Authority was Delegated to them
The authority of government is delegated to them by the writers of the Constitution: “We The People”. And no one else.
This is what I know about government authority:
- US Supreme Court in Yick Wo v. Hopkins, 118 US 356, page 370: “While sovereign powers are delegated to … the government, sovereignty itself remains with the people..”
- US Supreme Court in Julliard v. Greenman: 110 US 421: “there is no such thing as a power of inherent sovereignty in the government of the United States. It is a government of delegated powers, supreme within its prescribed sphere, but powerless outside of it. In this country, sovereignty resides in the people, and congress can exercise no power which they have not, by their constitution, intrusted to it; all else is withheld.”
- Tenth Amendment: “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”
- In the 1935 Supreme Court case of Perry v. US (294 US 330) the Supreme Court found that “In United States, sovereignty resides in people… the Congress cannot invoke the sovereign power of the People to override their will as thus declared.”
- The same is true for States. The US Supreme Court in Luther v. Borden, 48 US 1, at page 47: “No one, we believe, has ever doubted the proposition that, according to the institutions of this country, the sovereignty in every State resides in the people of the State, and that they may alter and change their form of government at their own pleasure.” [footnote: Just as Lincoln said, quoted below, we have a revolutionary right to overthrow our existing government. We cannot do it through our representatives, whose legitimacy comes from the existing government].
- Americans hold the truth that we are all created equal. Equals have no duty to obey other equals. Equals would never salute another equal. Equals would never swear oaths to other equals. We are all created equal. We remain equal until we swear oaths to a superior.
- The U.S. Constitution, however misguided it is, controls government with very specific delegated authorities.
- Government sovereignty is limited only to the authority delegated to it by the constitution.
- We are born free. Created equal. With certain Creator-endowed unalienable rights. That to secure those unalienable rights, Governments are instituted among men. We are born with the three rights of all mankind. These rights could never be “required by the laws of society to be sacrificed to public convenience … ” The preservation of these rights, inviolate, secured the preservation of civilized society (according to the introduction to the 1769 book Blackstone’s Commentaries on the Law, Book 4 — this link is to an 1803 revision that includes American law.) READ the introduction.
Free from Government
- Blackstone’s Commentaries is the legal understanding of our rights when the States wrote their constitutions. Notice that the purpose of government was to protect your God-given free will from all known methods of compulsion.
- Under our Constitution, Vice President Thomas Jefferson reassured the people of Kentucky that they were free from all federal laws, except for the three crimes mentioned in the Constitution, “and no other crimes whatever”. He went on to say:
(and all other acts which assume to create, define, or punish crimes other than those enumerated in the Constitution) are altogether void and of no force, and that the power to create, define, and punish such other crimes is reserved, and of right appertains solely and exclusively to the respective States, each within its own Territory.”
- Andrew Jackson survived three duels BEFORE we elected him as President. His campaign slogan was “the common man”. It is a constitutional right for a common man to settle his disputes without government. Our State and federal governments cannot interfere with the disputes of their masters. Don’t be fooled. Yes, the common voter, living in liberty, respects a man who risks death defending his honor. In a free nation, Andrew Jackson earned enough respect to be elected as a defender of everyone’s honor.
- Societies created State governments by writing their Constitutions. They delegate specific duties to their future civil servants for their society’s purposes. — And nobody else. Only those participating in their political society were subject to their laws and protected by their laws. Natives, foreigners, and tourists remain subject to the Laws of Nature. They are outside the venue of government. And criminals, paupers, vagabonds and fugitives lose their political rights, if they had any. Warning: you become a pauper when you ask for government welfare benefits.
Government Officer’s Allegiance
- We the people are the jura summi imperii to which our civil servants owe allegiance.
- State governments are artificial entities created on paper (often called a compact, charter or constitution) by representatives of their society. Then people who want to be inferior to the artificial entity will swear oaths-of-office to perform the delegated (by the constitution) duties of the artificial entity. They are subordinate. We call them civil servants.
- The U.S. Government’s sovereignty is from “We The People” who wrote the Constitution. It extends to the furthest limit of the authority delegated by the U.S. Constitution — to the actors who swear oaths-of-office to be the subordinates. And no further (see overreach, below). “We The People” delegated to them the 18 things they were allowed to do. These are enumerated in Article 1, section 8.
- There is no other source of authority except the laws of nature and nature’s God that entitle the U.S. exist. Neither voters nor their Representatives can change the pre-existing authority into something of their own choosing. When necessary we can preserve certain Creator-endowed unalienable rights by instituting governments among men.
- THE PROBLEM WITH GOVERNMENT OFFICERS is overreach. Those who accept an appointment (by winning an election) must preserve the Supreme Laws they are sworn to obey. Their oath of allegiance is to an artificial entity. They quickly begin to believe that they own the laws they are sworn to protect. They then think they can change them — Which denies the legitimacy of their own office.
Our Duty to control Government
- Those who created a government are responsible for controlling what they create. As are the posterity who inherit it.
WE CANNOT VOTE TO CHANGE THE CONSTITUTION.
U.S. Government authority is ONLY delegated by the Constitution. (the tenth Amendment says so, as does the U.S. Supreme Court, quoted above) It cannot change. Nobody who swears an oath to uphold something can commit mutiny by suggesting that it be changed. Congress cannot use the House & Senate Rules to agree to commit mutiny. (see Perry v. US, quoted above).
- Article 5 only allows amendments TO, not OF, the constitution.
- There is no other authority. Laws that are passed must conform to their oaths-of-office.
- It is a crime to fraudulently induce a legislator to falsify a bill to change something he has no authority to change. (Just as I quoted above from Perry v. US)
- We only have an authority to revolutionary overthrow. See Lincoln’s quote, below.
People in the federal territories wrote their constitutions to free themselves from federal jurisdiction. [see quote from Vice President Thomas Jefferson, above]. The Federal Government does not control the people. People in the states have no dealings with the federal government. They are protected by their States from all known methods of compulsion.
YOU are not subject to any federal laws until you volunteer. Don’t volunteer. You volunteer once you confess to being a pauper who needs government support to manage your affairs. Read my book The Citizen Cannot Complain.
And do not be fooled by the 21st Amendment canceling the 18th Amendment. All the Amendments that say Congress shall enforce the Amendment (13, 14, 15, 18, 19, 23, 24, 26) are enforced by the U.S. Congress even if they are contrary to State Constitutions. They are NOT self-enforced as part of the Supreme Law of the Land which judges in every State are bound thereby (Article 6, second paragraph). [If this does not describe your government, find out why.]
Lincoln’s spoke of Our revolutionary right to overthrow Government
- Abraham Lincoln, in his First Inaugural Address, told us that whenever citizens “grow weary of the existing government, they can exercise their constitutional right of amending it, or their revolutionary right to dismember or overthrow it.”
- If you don’t understand why a president would tell citizens they can overthrow government, then you will never understand why a nation is sovereign.
- Lincoln opposed judicial supremacy over other branches of government. https://www.washingtonpost.com/news/volokh-conspiracy/wp/2015/05/20/lincoln-versus-judicial-supremacy/
- Lincoln’s speech at Cooper Union in New York City. February 27, 1860:
“We must prevent the revival of the African slave trade, because the constitution does not forbid us, and the general welfare does require the prevention — We must prevent these things being done, by either congresses or courts — The people — the people — are the rightful masters of both Congresses, and courts — not to overthrow the Constitution, but to overthrow the men who pervert it ”
- If you need further proof from the Supreme Court that the U.S. Constitution cannot be changed, read my essay. “We The People” created the federal government, and are responsible for controlling what we create.
- Thomas Jefferson, letter to James Madison, 17 November 1798
in questions of power then, let no more be heard of confidence in man, but bind him down from mischief by the chains of the constitution.”
- The Federalist, No. 51 seems to have a contrary opinion:
If angels were to govern men, neither external nor internal controls on government would be necessary. In framing a government which is to be administered by men over men, the great difficulty lies in this: you must first enable the government to control the governed; and in the next place, oblige it to control itself.”
But this makes sense only if “the governed” refers to those who voluntarily submit to government. While the rest of us remain as created equal.
We failed to control our government
If “We The People” did not have an authority, then they could not have delegated it to the artificial entity they created.
- Do you have the authority to seize your neighbor’s gold, like government did in 1933?
- Do you have the authority to ban a substance? In the year 1919 everyone knew that we needed a Constitutional Amendment to ban a substance.
- Do you have the authority to force your neighbor to pay a tax? Or buy a license?
- Do you have the authority to cancel your neighbor’s marriage? Force him to forfeit half of his wealth and give it as a reward for the crime of adultery?
- Do you have the authority to cancel your neighbors’ debts?
- Do you have the authority to regulate your neighbor’s commerce (even a lemonade stand on his own property)?
We are no longer free. We do not have any of the three rights of all mankind.
- We cannot sell our labor without a wage authorization number.
- The right of self-defense against corporal assaults includes the right to control our healthcare without government permission, yet we cannot defend ourselves with life-saving medicines with without getting permission from government approved sources. Right here in a nation where 100 years ago everyone knew that we needed a Constitutional Amendment to ban a substance. Where Coca-Cola once contained cocaine. Where you could order opium from the Sears Catalog.
- We cannot travel by interstate bus, train, car, or plane without government issued travel pass. Right here in a country where (“The thought that an American can be compelled to `show his papers’ before exercising his right to walk the streets, drive the highways or board the trains is repugnant to American institutions and ideals”— According to an Arizona case quoted by the US Supreme court in Florida v. Bostick 501 US 429)
- We cannot cash a paycheck (to buy or sell in everyday transactions) without a government issued mark. In the same country where The U.S. Supreme Court ruled in Marbury v. Madison that elected officers of government could not be issued ID credentials to prove who they are — We don’t need no stinking badges. Which is the same country where the U.S. Supreme Court ruled in Aptheker v. Secretary of State, 378 U.S. 500 in 1964: “… the use of identification papers are routine matters under totalitarian regimes, yet abhorrent in the United States.”
Those who created a government are responsible for controlling what they create. This authority was passed to you, but you didn’t want it. You actively rejected the authority. Your actions speak louder than your words.
YOU MAY ALSO BE INTERESTED IN:
My essay The U.S. Constitution Does Not Change.
For information on how to defend your rights, I recommend a self-help law course. Learn how to hold your civil servants to the rule of law WITHOUT a lawyer. All the basic court procedures are explained in “How To Win In Court” self-help course. Click for a tour of the “How To Win In Court” online law course.