In Search of Mr. Jefferson’s Liberty …
Aug 24, 2013 18:36:42 GMT -5
Post by Michael Downing on Aug 24, 2013 18:36:42 GMT -5
Well researched, well thought out and well written by Hans. Much to think about and needs to be reread several times to grasp it all. I attached just a small part so please read it in its entirety.
ncrenegade.com/editorial/in-search-of-mr-jeffersons-liberty/
In Search of Mr. Jefferson’s Liberty …
Result:
Recover Rightful Liberty through restoration of common law.
The common law is understood through “maxims of law”. These are foundational principles which cannot be lawfully violated. They are statements grounded in logic, reason, common sense, and truth. Lists of maxims are published and available. A few examples will suffice here: [Note]
•A man cannot give any thing, power or authority he does not have
•No one has the right to force an obligation on another with impunity
•The people, as individuals, in America are sovereign
•In America the government is the servant of the sovereign people
•Truth is paramount and the objective of the rules of law
•Might does not make right
•Thou shall not steal
•Thou shall not bear false witness
•A person is innocent until proven guilty
•All presumptions of law are rebuttable
•Written law cannot lawfully or morally violate rights of a free man
•Force, perjury, or subornation of perjury, voids all
The third Maxim has been a source of much debate over the years. Is sovereignty an attribute of an individual, the people as a body politic, a State as a member of the Union, or the general government?
Article IV, section 4 of the Constitution states: “The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened) against domestic Violence.”
A Republic is a government in which supreme power is held by citizens entitled to vote and is exercised by elected officers and representatives governing according to law.
Our guarantee of a Republican form of government does not ascribe sovereignty to the States. Sovereignty was not delegated to the general government in the limited grant of powers enumerated in Article 1 Section 8. The supreme power, sovereignty, is retained by the people to be exercised through delegation to officers.
A citizen, as an instance of ‘the people’, has placed himself in the service and legislative jurisdiction of a government in return for protections and benefits. This involves an explicit or implicit consent which allows for encroachment or infringement upon rights.
Ultimately all powers derive from the sovereignty of the individual who may at any time withdraw consent and resume the direct enjoyment of all rights and prerogatives.
ncrenegade.com/editorial/in-search-of-mr-jeffersons-liberty/
In Search of Mr. Jefferson’s Liberty …
Result:
Recover Rightful Liberty through restoration of common law.
The common law is understood through “maxims of law”. These are foundational principles which cannot be lawfully violated. They are statements grounded in logic, reason, common sense, and truth. Lists of maxims are published and available. A few examples will suffice here: [Note]
•A man cannot give any thing, power or authority he does not have
•No one has the right to force an obligation on another with impunity
•The people, as individuals, in America are sovereign
•In America the government is the servant of the sovereign people
•Truth is paramount and the objective of the rules of law
•Might does not make right
•Thou shall not steal
•Thou shall not bear false witness
•A person is innocent until proven guilty
•All presumptions of law are rebuttable
•Written law cannot lawfully or morally violate rights of a free man
•Force, perjury, or subornation of perjury, voids all
The third Maxim has been a source of much debate over the years. Is sovereignty an attribute of an individual, the people as a body politic, a State as a member of the Union, or the general government?
Article IV, section 4 of the Constitution states: “The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened) against domestic Violence.”
A Republic is a government in which supreme power is held by citizens entitled to vote and is exercised by elected officers and representatives governing according to law.
Our guarantee of a Republican form of government does not ascribe sovereignty to the States. Sovereignty was not delegated to the general government in the limited grant of powers enumerated in Article 1 Section 8. The supreme power, sovereignty, is retained by the people to be exercised through delegation to officers.
A citizen, as an instance of ‘the people’, has placed himself in the service and legislative jurisdiction of a government in return for protections and benefits. This involves an explicit or implicit consent which allows for encroachment or infringement upon rights.
Ultimately all powers derive from the sovereignty of the individual who may at any time withdraw consent and resume the direct enjoyment of all rights and prerogatives.