The U.S. government is delegated authority — Part 1

The U.S. government is delegated authority. The 10th Amendment says so, as does the Supreme Court, quoted below. The authors of the Constitution did NOT delegate any authority that they themselves did not have.

So how did created-equal citizens of “We The People” get any authority to delegate control over others — such as taxing their neighbors’ wealth, or canceling marriages, or restricting commerce, or make zoning restrictions, or taxing property or inheritance?

Answer: They didn’t.

We are all created equal. “We The People” who created government were your equals.  They were not your superiors.  You have no duty to obey equals. The government is not your master.

“Sec. 23. … No body can give more power than he has himself; …. ”
John Locke’s Second Treatise of Government

You had no superiors until you consented to be governed. Before “citizens” (lower case c) consented to be governed, Citizens (capital C) had no subjects “and have none to govern but themselves” (quoted below).

We are all created equal. The Declaration of Independence says so. The Supreme Court says so.

“at the Revolution, the sovereignty devolved on the people; and they are truly the sovereigns of the country—but they are sovereigns without subjects (unless the African slaves among us may be so called)—and have none to govern but themselves—the citizens of America are equal as fellow citizens, and as joint tenants in the sovereignty.”
— 2 US 471, U.S. Supreme Court Chief Justice John Jay, Chisolm v. Georgia, 18 February 1798.
This was the decision that led to the Eleventh Amendment.

Yes, The U.S. government is delegated authority.

* 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.”

* 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.

“the several states composing the United States of America, are not united on the principle of unlimited submission to their General Government; but that by compact under the style and title of a Constitution for the United States and of amendments thereto, they constituted a General Government for special purposes, delegated to that Government certain definite powers, reserving each state to itself, the residuary mass of right to their own self Government; and that whensoever the General Government assumes undelegated powers, its acts are unauthoritative, void, and of no force: That to this compact each state acceded as a state, and is an integral party, its co-states forming as to itself, the other party: That the Government created by this compact was not made the exclusive or final judge of the extent of the powers delegated to itself; since that would have made its discretion, and not the constitution, the measure of its powers; but that as in all other cases of compact among parties having no common Judge, each party has an equal right to judge for itself, as well of infractions as of the mode and measure of redress.”
— Vice President Thomas Jefferson, Kentucky Resolutions, 1798
https://founders.archives.gov/documents/Jefferson/01-30-02-0370-0004

“We The People” created the U.S. government by writing a Constitution and ratifying it. The U.S. government is an artificial entity. It exists in writing.

“We The People” held the truth that all men are created equal. But Civil Servants are servants. They are not masters.

Civil Servants give life to the artificial entity by swearing oaths to obey it and perpetuate it. Civil servants, by swearing to obey, are no longer equal, they are now subordinates. They consented to be governed. We call them servants. They must obey the oaths they took. For governmental purposes only.
Those who remain equal DID NOT consent to be governed, except by the laws of nature.
We The People did not legalize mutiny. Parliamentary procedure does not legalize mutiny.
Voting does not legalize mutiny.

“Where powers are assumed which have not been delegated, a nullification of the act is the rightful remedy.”
— Vice President Thomas Jefferson, draft of Kentucky Resolution, before October 4, 1798
https://founders.archives.gov/documents/Jefferson/01-30-02-0370-0003

Common law in the Received-Law-of-the-Land

John Locke’s Second Treatise of Government, 1690:

“Sec. 141. Fourthly, The legislative cannot transfer the power of making laws to any other hands: for it being but a delegated power from the people, they who have it cannot pass it over to others. The people alone can appoint the form of the common-wealth, which is by constituting the legislative, and appointing in whose hands that shall be. And when the people have said, We will submit to rules, and be governed by laws made by such men, and in such forms, no body else can say other men shall make laws for them; nor can the people be bound by any laws, but such as are enacted by those whom they have chosen, and authorized to make laws for them. The power of the legislative, being derived from the people by a positive voluntary grant and institution, can be no other than what that positive grant conveyed, which being only to make laws, and not to make legislators, the legislative can have no power to transfer their authority of making laws, and place it in other hands.”

So don’t let your representatives represent others, such as the bar association or lobbyists outside their district.

Don’t consent to be governed

“We The People”, all created equal, delegated to our servants the 18 things we allow the U.S. government to do. (Article 1, section 8 ).
Those who consent to be governed are governed.
So don’t consent.

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 (under penalty of perjury) to a superior.

We are born free. With Creator-granted unalienable rights. Governments are instituted among men to secure those unalienable rights. 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.)

If you don’t understand liberty, then liberty is foreign to your way of thinking.

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