“Behold, I send you forth as sheep in the midst of wolves: be ye therefore wise as serpents, and harmless as doves.”
Many often state and parrot the claim of others that the States are sovereign, but……..
Are States sovereigns?
Is the occupying National government a sovereign?
Lets examine these questions……
James K Polk Stated in his inaugural address that…..
“Each State is a complete sovereignty within the sphere of its reserved powers. The Government of the Union, acting within the sphere of its delegated authority, is also a complete sovereignty.”
According to Johnson’s Dictionary of the English language (1755) edition Sovereign is defined as…..
Sovereign , adj. \JoHverein, ¥t./ovranOg
I . Supreme in power ; having no superior.
Now we examine a self evident truth as stated in our Declaration of Independence……
“We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.–That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed.”
James Madison stated in his letter to Edward Everett concerning the formation of the 1787,1789 U.S. CONstitution that……
It was formed, not by the Governments of the component States, as the Federal Govt. for which it was substituted was formed; nor was it formed by a majority of the people of the U. S. as a single community in the manner of a consolidated Government.
“It was formed by the States — that is by the people in each of the States, acting in their highest sovereign capacity; and formed, consequently by the same authority which formed the State Constitutions.”
Next we examine the definition of a State…..
Again we refer to Johnson’s Dictionary of the English language (1755) edition…..
Mode of government.
Using Tennessee as example…..
Willie Blount Pro Secretary
“By the ordaining and establishing of the constitution, or form of government, of 1796, the
People of the Territory of the United States south of the river Ohio formed themselves into a
free and independent state, by the name of the State of Tennessee.”
We see by this example that Tennessee was a territory, and did not become a State until a mode of government was established via constitution.
#1. We see from our Declaration of Independence that governments are instituted among men, that they derive their just powers from the consent of the governed.
So, if a State is a mode of government as defined, and government is instituted among men, deriving its JUST powers from the CONSENT of the governed, then it exists at the will of the people; as James Madison claimed, “the people in each of the States, acting in their highest sovereign capacity”, then governments, hence States, or a central body of government between the States, as in the U.S. Government cannot be sovereigns as they are NOT as Defined in 1755 by Johnson’s Dictionary of the English language ….
“Supreme in power ; having no superior”, as they exist at the will of the people, and the consent of the governed, hence the people are the sovereigns, not the States, NOT the United States government.
The preamble to the 1787/1789 U.S. CONstitution states…..
“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.”
Were you alive in 1787/1789 ?
Did You enter into this contract between the people then living?
Can You be bound as a sovereign living soul by a contract that was established before you were born to which You were not party?
Sovereignty is supreme power consisting of: dominion, agency and possession:
1. “Dominion” is synonymous with “Land”, which is defined as: “(A)n area of three dimensional space, its position being defined by natural or imaginary points located by reference to the earth’s surface. ‘Land’ is not the fixed contents of that space, although…the owner of that space may well own those fixed contents. Land is immoveable, as distinct from chattels, which are moveable; it is also, in its legal significance, indestructible. The contents of the space may be physically severed, destroyed or consumed, but the space itself, and so the ‘land’, remains immutable.” Peter Butt, Land Law 9 (2nd ed. 1988) Reprinted in Black’s Law Dictionary, Seventh Edition;
1. The government of The United States of America was: formed by the Constitution for the United States of America; and is limited in its authority by said Constitution; which forbids the government from owning land with the exception of that which is necessary to accomplish the following: “To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of particular States, and the Acceptance of Congress, become the Seat of the Government of the United States, and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings”. Said Constitution, Article. 1. §. 8. Clause 17.;
2. Accordingly, when a territory (land) is acquired by The United States of America that land is held for dispossession to the people; who, under a proper claim are 2. granted private Title (land patent) to the land; wherein, most of those patents (outside of the original 13 States & Texas; which came from foreign kings) were granted by the United States of America, under the hand and seal of the President of The United States of America;
3. Respectively, the land mass of The United States of America is secured by land patents (Titles) that grant the land to private individuals (and to their heirs and assigns);
2. “Agency” is the right, or authority, to act, influence, exert power over and/or control a specific domain.
1. The purpose the people gave for forming their Constitutional Republic form of government was, and remains: “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 andour Posterity”, said Constitution’s Preamble; respectively, a review of said Constitution shows that: not only did the people never grant said government authority over the people or over their rights to Life, Liberty or Property, they reserved that all such rights, etc. remain with the people (see: amendments 9. and 10.);
2. The agency so granted to the government of The United States of America is limited to the specific authority the people collectively granted the government to act, for the people, through said Constitution; which only allows government the limited authority to administrate that small portion of the peoples’ collective sovereign authority necessary to accomplish the provisions of said Constitution;
3. Said governmental agency does not include agency over the private land owned and occupied by said people; and,
4. The people retain their private agency over the land they own.
3. “Possession” is the actual control or physical occupancy of a specific domain and the property appurtenant to the same.
1. The government of The United States of America does not possess the private land owned and occupied by said people; and,
2. The people possess the private land owned and occupied by them.
2. By definition, the government is not sovereign; and,
3. By definition, the people that: own, retain the agency over and possess the land (dominion) are sovereign.
The Southern States that exited the union, did so via the same method of convention as James Madison stated was……
“ that is by the people in each of the States, acting in their highest sovereign capacity”
The people of the Southern Confederate States were acting as sovereigns in their highest sovereign capacity, hence the sovereigns (highest authority), granted the power to their mode of government/ STATE to exit the union to which the sovereigns before them had entered their “Mode of government” their STATE into via a contract between those sovereigns/people then living.
Special thanks to Team Law and their research.
James Everett, Sui Juris
All rights reserved, without prejudice.