People or Citizen, which one are You?
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PEOPLE
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The Preamble does not specifically define the word "People."
Nevertheless, the definition becomes apparent in the context of the other words and prior history.
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HISTORY
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Before the United States existed, there was no legal government.
A group of representatives, acting "in the name and by the authority of the good people of these colonies,"
declared the independence of the colonies from the British Crown and the state of Great Britain.
From the beginning, in the 1776 Declaration of Independence, the people were acknowledged as the source of authority,
i.e. the sovereignty which authorized the Declaration of Independence.
Next came the 1778 Articles of Confederation.
The states that existed by the authority of the people, created those Articles while in Congress assembled.
That didn't work as well as expected.
In 1787 the people themselves came forth "to ordain and establish this Constitution for the United States of America."
[see Preamble].
On September 17th, 1787, the states held a convention and all those present unanimously joined in.
[see last paragraph of U.S. Constitution]
So, in 1787, unanimous concurrence was achieved and the Constitution was born, later to be ratified.
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PREAMBLE
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"We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, 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."
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STRUCTURE OF PREAMBLE
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TRUSTOR: We the People [trustors]
VENUE: of the United States
PURPOSE: in Order to form a more perfect Union, establish Justice, insure domestic Tranquility,
provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty
BENEFICIARY: to ourselves and our Posterity,
ENABLING ACTION 1: do ordain [declare the law]
ENABLING ACTION 2: and establish [bring into existence]
WHAT: this Constitution [articles of incorporation for trust]
TRUSTEE: for the United States of America. [trustee]
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ANALYSIS OF PREAMBLE
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The Preamble defines the context in which the remainder of the Constitution must be interpreted.
Most of it is self explanatory.
Here's an explanation that points to popular sovereignty:
After the Declaration of Independence, but before the ordainment and establishment of the Constitution, the people of the United States pretty much handled their own affairs using the common law. They were not subject to any higher authority other than the authority of the common law as administered by the people themselves (self governance).
Although the states did exist, they only existed by the authority of the people. Every man was a king, and every woman a queen - and none had any subjects. Upon declaring our independence, we all became sovereigns and members of the peerage (nobility).
"The people of this State, as the successors of its former sovereign, are entitled to all the rights which formerly belonged to the King by his prerogative. Through the medium of their Legislature they may exercise all the powers which previous to the Revolution could have been exercised either by the King alone, or by him in conjunction with his Parliament; subject only to those restrictions which have been imposed by the Constitution of this State or of the U.S."
[Lansing v. Smith, 4 Wend. 9 (N.Y.) (1829), 21 Am.Dec. 89]
The enabling actions in the Preamble are significant because there is simply nothing in the use of those words to imply that the People relinquished any of their own power and authority.
The People declared the law (ordain) without taking away from themselves the authority to declare law again in the future. The People established the Constitution without taking away from themselves the authority to establish anything else in the future.
In other words, the People gave birth to the Constitution without giving up any of their own power and authority.
What was before, continues to be so today.
From the context of the Preamble, one may conclude that the laws of the United States do not apply to People. The People, as ordainers and establishers of the country are sovereigns of the country, may not be involuntarily subjected to the laws of the United States.
Because of Amendment the Tenth, "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," the government has no authority, and cannot assume any authority over the People. Government powers may not reach beyond that which is constitutionally granted.
In order for the government to subject People to its law it is necessary for the People to relinquish their sovereignty. Sovereignty is a natural right which cannot lawfully be relinquished involuntarily. Any removal of sovereignty must be accomplished voluntarily by the subject himself.
That is why they schooled us all to be citizens. We were taught that a citizen is the highest level in a Republic.
In California, they wrote their government code very clearly and were even repetitive to enforce the above point.
All states are the same as all states are Republics as a condition of entry to the Union.
PEOPLE
---
The Preamble does not specifically define the word "People."
Nevertheless, the definition becomes apparent in the context of the other words and prior history.
---
HISTORY
---
Before the United States existed, there was no legal government.
A group of representatives, acting "in the name and by the authority of the good people of these colonies,"
declared the independence of the colonies from the British Crown and the state of Great Britain.
From the beginning, in the 1776 Declaration of Independence, the people were acknowledged as the source of authority,
i.e. the sovereignty which authorized the Declaration of Independence.
Next came the 1778 Articles of Confederation.
The states that existed by the authority of the people, created those Articles while in Congress assembled.
That didn't work as well as expected.
In 1787 the people themselves came forth "to ordain and establish this Constitution for the United States of America."
[see Preamble].
On September 17th, 1787, the states held a convention and all those present unanimously joined in.
[see last paragraph of U.S. Constitution]
So, in 1787, unanimous concurrence was achieved and the Constitution was born, later to be ratified.
---
PREAMBLE
---
"We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, 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."
---
STRUCTURE OF PREAMBLE
---
TRUSTOR: We the People [trustors]
VENUE: of the United States
PURPOSE: in Order to form a more perfect Union, establish Justice, insure domestic Tranquility,
provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty
BENEFICIARY: to ourselves and our Posterity,
ENABLING ACTION 1: do ordain [declare the law]
ENABLING ACTION 2: and establish [bring into existence]
WHAT: this Constitution [articles of incorporation for trust]
TRUSTEE: for the United States of America. [trustee]
---
ANALYSIS OF PREAMBLE
---
The Preamble defines the context in which the remainder of the Constitution must be interpreted.
Most of it is self explanatory.
Here's an explanation that points to popular sovereignty:
After the Declaration of Independence, but before the ordainment and establishment of the Constitution, the people of the United States pretty much handled their own affairs using the common law. They were not subject to any higher authority other than the authority of the common law as administered by the people themselves (self governance).
Although the states did exist, they only existed by the authority of the people. Every man was a king, and every woman a queen - and none had any subjects. Upon declaring our independence, we all became sovereigns and members of the peerage (nobility).
"The people of this State, as the successors of its former sovereign, are entitled to all the rights which formerly belonged to the King by his prerogative. Through the medium of their Legislature they may exercise all the powers which previous to the Revolution could have been exercised either by the King alone, or by him in conjunction with his Parliament; subject only to those restrictions which have been imposed by the Constitution of this State or of the U.S."
[Lansing v. Smith, 4 Wend. 9 (N.Y.) (1829), 21 Am.Dec. 89]
The enabling actions in the Preamble are significant because there is simply nothing in the use of those words to imply that the People relinquished any of their own power and authority.
The People declared the law (ordain) without taking away from themselves the authority to declare law again in the future. The People established the Constitution without taking away from themselves the authority to establish anything else in the future.
In other words, the People gave birth to the Constitution without giving up any of their own power and authority.
What was before, continues to be so today.
From the context of the Preamble, one may conclude that the laws of the United States do not apply to People. The People, as ordainers and establishers of the country are sovereigns of the country, may not be involuntarily subjected to the laws of the United States.
Because of Amendment the Tenth, "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," the government has no authority, and cannot assume any authority over the People. Government powers may not reach beyond that which is constitutionally granted.
In order for the government to subject People to its law it is necessary for the People to relinquish their sovereignty. Sovereignty is a natural right which cannot lawfully be relinquished involuntarily. Any removal of sovereignty must be accomplished voluntarily by the subject himself.
That is why they schooled us all to be citizens. We were taught that a citizen is the highest level in a Republic.
In California, they wrote their government code very clearly and were even repetitive to enforce the above point.
All states are the same as all states are Republics as a condition of entry to the Union.
We believe that the easiest way for a People to relinquish their power to the government
to be then used against them, is to simply NOT educate a People that he or she has that power in the first place.
This site is designed to reverse that schooling and replace it with education.
It is a mental struggle for all at first.
to be then used against them, is to simply NOT educate a People that he or she has that power in the first place.
This site is designed to reverse that schooling and replace it with education.
It is a mental struggle for all at first.
for the written laws, statutes and codes to support the above position see also Law of the Case