Requirement for Consent

"...at the Revolution, the sovereignty devolved on the people; and they are truly the sovereigns of the country, but they are sovereigns without subjects...with none to govern but themselves; the citizens of America are equal

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as fellow citizens, and as joint tenants in the sovereignty."

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[Chisholm v. Georgia, 2 Dall (U.S.) 419, 454, 1 L.Ed. 440, 455 @DALL 1793, pp. 471-472]

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City governments control their state governments by directing elections, controlling what appears on the ballot, and 5 controlling how much of the property and sales tax revenues are given to the states. State government exercise their 6 authority over the federal government by sending elected representatives to run the Senate and by controlling the “purse” of 7 the federal government when direct taxes are apportioned to states. 8 Sovereignty also exists within a single governmental unit. For instance, in the previous section, we described the 9 Separation of Powers Doctrine, U.S. Supreme Court by showing how a “republican form of government” divides the 10 federal government into three distinct, autonomous, and completely independent branches that are free from the control of 11 the other branches. Therefore, the Executive, Legislative, and Judicial departments of both state and federal governments 12 are “foreign” and “alien” with respect to the other branches. 13

Sovereignty is defined in man’s law as follows, in Black’s Law Dictionary: 14

“Sovereignty . The supreme, absolute, and uncontrollable power by which any independent state is governed ; supreme political authority; paramount control of the constitution and frame of government and its administration; self sufficient source of political power, from which all specific political powers are derived; the international independence of a state , combined with the right and power of regulating its internal affairs without foreign dictation ; also a political society, or state, which is sovereign and independent. Chisholm v. Georgia, 2 Dall. 455, 1 L.Ed. 440; Union Bank v. Hill, 3 Cold., Tenn 325; Moore v. Shaw, 17 Cal. 218, 79

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Am.Dec. 123; State v. Dixon, 66 Mont. 76, 213 P. 227 .” [ Black’s Law Dictionary, Fourth Edition (1951), p. 1568]

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“Sovereignty” consists of the combination of legal authority and responsibility that a government, man, woman, or artificial 23 entity has within our American system of jurisprudence. The key words in the above definition of sovereignty are: 24 “foreign”, “uncontrollable”, and “independence”. A “sovereign” is: 25

1. A servant and fiduciary of all sovereigns internal to it.

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2. Not subject to the legislative or territorial jurisdiction of any external sovereign. This is because he is the “author” of 27 the law that governs the external sovereign and therefore not subject to it. 28

“Sovereignty itself is, of course, not subject to law, for it is the author and source of law…While sovereign

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powers are delegated to…the government, sovereignty itself remains with the people.”

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[Yick Wo v. Hopkins, 118 U.S. 356 (1886)]

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3. “Foreign” but not a privileged “alien” with respect to other external sovereigns, from a legal perspective. This means 32 that: 33 3.1. The purpose of the laws of the sovereign at any level is to establish a fiduciary duty to protect the rights and 34 sovereignty of all those entities which are internal to a sovereignty. 35 3.2. The existence of a sovereign may be acknowledged and defined , but not limited by the laws of an external 36 sovereign. 37 3.3. The rights and duties of a sovereign are not prescribed in any law of an external sovereign. 38 4. “Independent” of other sovereigns. This means that: 39 4.1. The sovereign has a duty to support and govern itself completely and to not place any demands for help upon an 40 external sovereign. 41 4.2. The moment a sovereign asks for “benefits” or help, it ceases to be sovereign and independent and must surrender 42 its rights and sovereignty to an external sovereign using his power to contract in order to procure needed help. 43

The purpose of the Constitution is to preserve “self - government” and independence at every level of sovereignty in the 44 above onion diagram: 45

“ The determination of the Framers Convention and the ratifying conventions to preserve complete and unimpaired state [and personal] self-government in all matters not committed to the general government is one of the plainest facts which emerges from the history of their deliberations . And adherence to that determination is incumbent equally upon the federal government and the states. State powers can neither be appropriated on the one hand nor abdicated on the other. As this court said in Texas v. White, 7 Wall. 700, 725, 'The preservation of the States, and the maintenance of their governments, are as much within the

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Requirement for Consent

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Copyright Sovereignty Education and Defense Ministry, http://sedm.org Form 05.003, Rev. 7-23-2013

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