TRUE AMERICAN WAY: Chapter 4

The True American Way

Chapter Four:
The Power of the Sovereign

It is a maxim consecrated in public law as well as common sense and the necessity of the case, that a sovereign is answerable for his acts only to his God and to his own conscience. [Bouvier's Law Dictionary, 14th Edition, 1870] [in definition of "United States of America"] [emphasis added]

To understand the True American Way, we must understand the principle of sovereignty. We have previously shown that we are sovereign, but we have not fully seen how we are to exercise our power or control. Once we understand these principles, the knowledge of our sovereignty will bear the fruit of our liberty.

The U.S. Government did not just derive itself. The country was founded on July 4, 1776, and the form of our current government was ratified on June 21, 1789. There is a 13 year gap between the Declaration of Independence and the ratification of the Constitution. It is internationally recognized that the birth of this nation occurred on July 4th, 1776. A great war was fought to prove that we were Independent, that war was won and the King of England in 1783 ceded (legally transferred) his sovereignty over the colonies to the American Colonists and their posterity (the Peace of Paris). That treaty is recognized under International Law and therefore it is impossible for the U.S. Government to truly change that sovereignty by its own actions, lest the Law of Nations be sundered.

The sons of liberty used the Declaration of Independence as a tool to win the support of arms of colonial men. It was a compact between the colonial legislators and the People, in effect, "If you but fight and win this war you will claim for yourselves and your posterity, your unalienable rights under God." The war was won and the sons of liberty delivered on their contract; by securing sovereignty for the People, not the legislators.

Sovereignty is the authority by which we claim our rights including Life, Liberty, and the Pursuit of Happiness. As long as our rights do not infringe upon the rights of others – by the Law of Sovereignty – we are at liberty. This is why statutory law has no true power over us. That is why the government cannot force us to act as the majority pleases, because each and everyone of us is a Sovereign Citizen.

It is our very sovereignty that lends lawful power to the Constitution.

For the sake of argument, suppose that China , the most populous nation on Earth, became a democracy. Suppose that every citizen in China voted to annex the United States. By right of majority vote wouldn't they have the power to bring us under their fold? Of course not, anyone can plainly see that the citizens of China have no right to do so. That right is the right of sovereignty which is internationally recognized. What is unique about America is that for the first time in known history, the right of sovereignty in a nation was formally placed in the People! Every system of Law that man has devised has had to recognize this incredible fact.

It has been shown, as well as being readily apparent, that the True Power in America resides in her People. The question is then: How do those that have the True Power – the body sovereign – excercise their just and lawful power? For the sake of argument, let us entertain further that if you hire someone to manage your business affairs, do you give them arbitrary control over your life? It is my hope that no man in his right mind would so do.

We the People complain that the government is out of control. Well, my question to the reader is: Whose control are they out of? To which I answer: They are out of the people's control! Which leaves us with the subject of this chapter: How does the body sovereign properly excercise its control over the government?

Most of us have experienced the "feeling" that the government is trampling on us; that the government is a beast, and the beast is loose. Most of us think that the only way to get Government back into our control is to elect a government that is honest and upstanding. If you think about it, isn't it rather naive of us to turn our lives and fortunes over to the people we elect? What reason would compel us to do so? Well, we have been naive, but you can rest assured that the American Colonists who founded this Nation were at no such disadvantage. They had just thrown off the shackles of King George by force, and they were not so foolish as to hand the chains over to their legislators. Oh no, they knew all too well not to trust anyone, but God and themselves, with their Life, Liberty, and Fortune.

If anybody thinks that kings, nobles, or priests are good conservators of the public happiness send them here [Europe]. It is the best school in the universe to cure them of that folly. [Thomas Jefferson] [serving as the Ambassador to France]

Consequently, the American Colonists adopted a system whereby, common law was to remain inviolate over the government. No one was to be above this law; thus the saying, "We are a Nation of Law and not of Men." This saying has nothing to do with the regulations the government enacts, it is completely in reference to the fact that the common law shall be enforced regardless of class.

It sounds good, but how were the People to make sure that, "No one is above the Law," including the government? Most of the sons of liberty recognized the need to provide appropriate checks against the government abuse of our liberty. Most of us think that is why the government is divided into three branches. This is an enormous oversimplification. The three branches of government provide checks against each other, they do not provide fail-safe checks of the government beast running out of control and over the rights of the People. The sons of liberty did not put in place a system of government self-restraint as we are led to believe. These men knew that any system of government was susceptible to corruption, and that the only safe depository for government restraint was, rightfully, in the hands of the People.

* * *

The Sovereign People have a 3 vote system! The Aristocracy wants you to believe that you have a 1 vote system.

When we go to the voting booth once every two, four, or six years we cast our vote for who we want in certain positions of the government. This is the vote that politicians want us to know about. The other votes – which carry infinitely more power – are the votes they don't want us to know about. These other votes are the key to the People's sovereignty.

The second vote is the Grand Jury vote. The Grand Jury being made up of 12 citizens, chosen by lottery, for a term of service of one year. The power of the Grand Jury is the power to indict anyone, including those in the government. This vote was to enable us to put any crook on trial; crooks in Congress, the Executive, and the Judiciary were not exempted. The sons of liberty put this power directly in the hands of the People.

The third vote is the Trial Jury vote. The Trial Jury being made up of 12 citizens chosen, by lottery, for generally a short duration. The power of this Jury was the power to convict anyone, including those in government. This vote was to be able to punish any crook; crooks in Congress, the Executive, and the Judiciary were not exempted. The Jury vote also served as the power to acquit anyone, that is, to find a citizen not guilty, and thereby, forever bar the government from taking action against said citizen for the same alleged act again. No double jeopardy.

VOTE ONE

Reconsidering the general feeling that our government is out of control, it is useful then to discover, if the People would simply assert their powers under common law, the Beast would come back under control. For the purpose of this concept it will help to think of the government as a beast requiring a pen, lest it free itself and trample the People. We've been trying for some time to get the beast back in control by exercising our first vote. This hasn't seemed to work so we keep trying over and over to figure out a way to pen in the beast with this one vote. As any farmer will tell you, one post does not a pen make!

VOTE TWO

Looking at our second vote, the Grand Jury vote, I cannot remember any circumstance where the Grand Jury, on it's own prerogative, having launched an investigation against those in the government. They did not indict the agent that shot Randy Weaver's wife, they did not indict the on-scene commander. That's because the Grand Jury is made up of folks like you and I, who have gone all our lives never being informed of the purpose of the Grand Jury. So when one of us is summoned to serve on the Grand Jury we really don't understand the proper duties of a Grand Jury. We let the district attorney tell us what that purpose is and we just accept his version. Our ignorance then allows the district attorney to turn things upside down. This dysfunctional Grand Jury now is the servant of the district attorney. However, the true relationship is self-evident and readily understood. If the district attorney has authority over the Grand Jury, then why have a Grand Jury at all? We know that the Grand Jury is the only body that can indict someone of a crime. That means that for a district attorney to try someone they must have the permission of the Grand Jury.

When is the last time you asked permission from your child to take care of the garbage? You don't need permission because you are the superior of your child. When is the last time you told your child to take care of the garbage? You tell him to, because you are the superior and the trash needs taken out. And if your child doesn't do as he is told you punish him.

Now let's use the above paragraph substituting, you with Grand Jury child with district attorney, and garbage with crime. Then you can readily see how the system is supposed to work.

When is the last time the Grand Jury asked permission from its district attorney to take care of a crime? The Grand Jury doesn't need permission because the Grand Jury is the superior of its district attorney. When is the last time Grand Jury told its district attorney to take care of a crime? The Grand Jury tells him to, because the Grand Jury is the superior and the criminals need taken out. And if your district attorney doesn't do as he is told you punish him.

You can see how the government likes to flip flop things. When they do this with the Grand Jury, they uproot one of the posts that keep the government beast in it's pen. A properly functioning Grand Jury indicts government officials who violate the law and their oath of office! A dysfunctional Grand Jury does whatever the government officials tell them.

VOTE THREE

Our last vote, the petit jury (trial jury) vote, is powerful in two ways. It punishes those that infringe upon our Rights, and it acquits the People when the government passes a statute that violates our Rights. In the first instance, murderers and thieves infringe upon our rights of Life and Property. Government statutes often infringe upon our right of liberty. If the Grand Jury would force the district attorney to present to the petit jury with the law enforcement officer and the bureaucrat that is infringing upon the rights of liberty, the petit jury would have the power to punish these individuals.

In the second instance, these same goons, the law enforcement officer, the bureaucrat, and the district attorney would be working as a team to enforce the legislators' infringement of liberty upon the people. At this point, the Grand Jury has already failed, but still the petit jury has the power to acquit the citizen. This jury is the last bastion of defense. If we let the Judge (the Government) tell us how to think and decide cases (as we presently do), then we are slaves to that Government. If we utilize our petit jury vote to preserve our natural and constitutionally secured rights, then we remain at liberty. It's that simple.

In our lawful system of government, if we happen to elect self-serving men to Congress with our first vote, the prosperity of our Commonwealth is in jeopardy. However, our personal rights remain inviolate as long as we properly cast our second and third vote. If we do not use our Grand Jury and petit jury votes properly; we simply can't hold the government accountable, and we can't maintain natural rights supreme over government statute. Our sovereignty is lost to government tyranny.

Revisiting the example of the farmer's pen, it will serve us to graphically depict what the posts of our pen are.

What we have in effect today is the graphic on the above left. The graphic on the above right reveals how the 3 vote system keeps the government in its proper place. The single vote is really, no pen at all, leaving the government free to trample upon our Rights; whereas the three vote pen keeps the beast penned in, and the People's rights are safe. Just as the zookeeper must keep his pens in good repair, the People must maintain their jury system, lest the beast become the master.

The Power of the People is real, and it can be exercised without violence. All we have to do is educate one another about our power and authority, and then always vote our conscience! At the voting booth or in the Jury, ignore what the government tells you is right or wrong. We've seen how they consistently turn things upside down and twist them inside out. If we but reflect, and vote for the society we want, WE SHALL HAVE IT!

Live by the Golden Rule and 'ye shall do well.

* * *

Anyone that says common law was not adopted by the United States at the signing of the Constitution is either a liar or ignorant. Common law requires that we use truth, reason, conscience, right and wrong to decide acquittal, or conviction and punishment. It also requires that for there to be a crime, there must be a real person who has been wronged. And, foremost of all, it requires that Justice be served.

With this small bit of information, any conflict at law can be fairly decided. No volume upon volume upon volume of statutes is needed to effect control over society. I, for one, am happy to put my life, liberty, and fortune into the hands of my countrymen operating under due process of moral law; rather than in the hands of the government whose record of turning things upside down is irrefutable.

5 Points to remember about American Sovereignty:

1. The American Colonists founded a Nation where sovereignty resides in the People.
2. The sovereign is not obligated to abide by rules his servants might make.
3. The government cannot deny the People's sovereignty without destroying its lawful basis of authority.
4. The Law for the body sovereign is separate from the law instituted for the government, as well as any statutes enacted by the same.
5. We have a 3 vote system as the means to retain our sovereignty.

Copyright Family Guardian Fellowship

Last revision: February 20, 2012 04:23 PM
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