The Declaration of Independence first sentence says that the Laws of Nature and the Laws of Nature’s God entitle the United States to exist. The Declaration goes on to say that governments are instituted among men to secure certain Creator-endowed unalienable rights. This is the continuing purpose of government.
The Declaration also tells us what we can do when government ignores their prime directive: “That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it”.
Laws of Nature
William Blackstone’s 1765 Commentaries on the Law are considered by the Supreme Court to be part of the received-law-of-the-land. In the introduction to this 4 volume law encyclopedia there is a summary of the laws of nature:
“… no human laws are of any validity, if contrary to this: and such of them as are valid derive all their force, and all their authority, mediately or immediately, from this original.. … Neither could any other law possibly exist; … for we are all equal, without any other superior but him who is the author of our being.”
The courts acknowledge the supremacy of the laws of nature with the maxim of law: Legibus sumptis desinentibus, lege naturae utendum est. When laws of the state fail, we must resort to the laws of nature.
“freedom of men under government is, to have a standing rule to live by, common to every one of that society, and made by the legislative power erected in it; a liberty to follow my own will in all things, where the rule prescribes not; and not to be subject to the inconstant, uncertain, unknown, arbitrary will of another man: as freedom of nature is, to be under no other restraint but the law of nature. “— John Locke’s Second Treatise of Government, section 22
The U.S. Constitution Preamble says that it was ordained (a religious term) and established to do six things, one of which was to “secure the Blessings of Liberty to ourselves and our Posterity”. You are that Posterity which inherited a government that you are responsible for controlling. You ignored the purpose of government.
“We The People” created a future government by writing a Constitution, ratifying it through others who represented them, and then finding people who would swear oaths-of-office to perpetuate the government created by the Constitution.
“We The People” held the truth that all men are created equal. Some people become unequal — by swearing oaths-of-office. How then could “We The People” delegate to their subordinate civil servants any authority they themselves did not have?
Did “We The People” have the authority to:
- Require their neighbors to get dog licenses?
- Regulate their neighbors’ property with building permits?
- Require their neighbors, under threats of jail and fines, to get driving licenses to drive their horses to grandma’s house?
- Cancel their neighbors’ marriage and take half of their assets and give them as a reward for the crime of adultery?
- Tax their neighbor’s labor?
NO. They did not have the authority to delegate control of other equals.
Limit of Federal laws
The 1798 Kentucky Resolution, written by Vice-President Thomas Jefferson, reassured the people of Kentucky that they were subject to only three federal laws. The three crimes mentioned in the U.S. Constitution “and no other crimes whatever”. He went on to state that federal power to create crimes within States cannot extend further — “(and all other their acts which assume to create, define, or punish crimes other than those enumerated in the constitution) are altogether void and of no force, …”
If you are subject to more than three federal laws, I should think you would want to know why. Perhaps you don’t know the purpose of government.
And indeed, People in States of the Union are not protected by, or subject to, the first eight amendments to the federal constitution. The first eight amendments in “The Bill of Rights” do not apply to people in States according to the U.S. Supreme Court in Twinning v. NJ (211 US 78) and in Hague v. CIO (307 U.S. 496) unless 14th Amendment citizens are involved. (the “equal protection” clause exists ONLY in the 14th Amendment).
Those who swear oaths-of-office to uphold the Constitution cannot use parliamentary procedure to commit mutiny. So ask yourself what changed.
The rights of all mankind
In 1803 Virginia, St. George Tucker published his revision of Blackstone’s Commentaries on the Laws — a four volume law encyclopedia. It describes the three rights of all mankind and said that the purpose of government is to protect you from all known methods of compulsion.
Rights “may be reduced to three principal or primary articles; the right of personal security, the right of personal liberty; and the right of private property: Because as there is no other known method of compulsion, or of abridging man’s natural free will, but by an infringement or diminution of one or other of these important rights, the preservation of these, inviolate, may justly be said to include the preservation of our civil immunities in their largest and most extensive sense.”–Tucker’s Blackstone Volume 2, Chapter 1, Of the Absolute Rights of Individuals
Does government protect you from all known methods of compulsion? If not, I should think you would want to know why.
- Was it because your government was overthrown?
- Or was it because you wanted benefits at the expense of your neighbors? Thereby agreeing to participate in socialism which cannot recognize individual rights.
Hint: There is a maxim of law that says “The civil laws reduce an ungrateful freedman to his original slavery” Libertinum ingratum leges civiles in pristinam servitutem redigunt.
Courts must protect you from the federal government
States must protect you from the federal government. See the U.S. Supreme Court Milligan case.
State Courts protected you from federal courts “even in time of war”.
Of, By, and For the People
Courts were for you to use. Jails were for your use. You could sue people and put them into jail for non payment of a debt. You could charge people with a crime and prosecute the case yourself. But the Bar Association (trade union) eliminated their competition.
There were no government prosecutors except for when government was damaged. Prior to the Civil War, anyone could be a prosecutor. The courts were for the people.
Plea bargaining was a crime. Prosecutors could not “overcome the will of another” to fraudulently extort a guilty plea.
You are no longer the master of your civil servants. You cannot prosecute anyone in court. Only a prosecutor can prosecute, but he does so on his own behalf, NOT on your behalf. You now need to sneak a criminal complaint into a Grand Jury to get justice.
Private prosecution in federal cases was prohibited following the 1981 Supreme Court decision in Leeke v. Timmerman. Most states prohibit private prosecutions and those that allow it severely restrict this limited “privilege”.
A Treatise of the Right to Personal Liberty, Second Edition,
Book 1, Chapter 1, Section 1.
Rollin C. Hurd, 1876, W.C. Little Co., Albany, NY
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If you want to challenge the loss of your rights, I recommend an online law course for those who will fight against the powers-that-be. It has save me and it might just be your get-out-of-jail card. HowToWinInCourt.com
If you want to join me in pondering how the deep state infiltrators got into power, read my 32 page report that questions lawyer’s integrity.
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Steven D. Miller is a freelance writer producing informative Articles, blog posts, ghost writing, newsletters, web pages, case studies, white papers, reports, eBooks and high-density documentaries. He is available to offer hope to any audience that yearns to breathe free. Contact him at Steven.Miller@LibertyContentWriter.com