Wednesday, December 22, 2010

For revolutionists

Pursuant to the 1st Amendment:
The Memorandum of Law: ..."The Declaration of Independence stipulated the chain of authority within "governments", and of the obvious fact that the people "created" Government. That is was the "people" who instituted government, and in so doing, these people "secured these rights", and that government (at every level) derives their "just powers from the consent of the governed". It is also a well established fact that the people did NOT give up all their "power" to government(s). The Declaration of independence created the Sovereignty in the PEOPLE, NOT in government. Therefore the people are ABOVE the creature(s) they created (government) and that those who work for/in government(s) are "public servants" and have placed themselves in a subservient position to serve the people within the function/office/position via their "oath of office".
"For when the Revolution took place, the people of each state became themselves sovereign" - martin et al v, The Lessee of Waddell (1342) 41 U.S. (16 Pet) 367, 410, 10 L.Ed 997, 1013)
"The Constitution is the voice of the people speaking in their sovereign capacity, and it must be heeded; when the Constitution with reference to a particular matter, it must be given effect as the paramount law of the land" People v. Parks cal 624
Sovereignty itself is , of course not subject to law for its author and source of law, but in our system, while sovereign powers are delegated to the agencies of government, sovereignty itself, remains with the people". Yick Wo v. Hopkins 118 U.S. 356

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