Requirement for Consent

9.11.4 Why PEOPLE can invoke sovereign immunity against governments or government actors 1

People have sovereign immunity just like governments. The courts have repeatedly affirmed that all the powers of 2 government are delegated from the people and therefore, they can possess no power that the people themselves AS 3 INDIVIDUALS do not ALSO possess. This section contains evidence you can use to prove this as a fact in court: 4

1. In the United States, ALL sovereignty resides not in the government, but in the people. 5

“There is no such thing as a power of inherent sovereignty in the government of the United States…In this country sovereignty resides in the people, and Congress can exercise no power which they have not, by their

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Constitution entrusted to it. All else is withheld .” [Juilliard v. Greenman, 110 U.S. 421 (1884): ]

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“In the United States, sovereignty resides in the people…the Congress cannot invoke sovereign power of the

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People to override their will as thus declared.”

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[Perry v. U.S., 294 U.S. 330 (1935)]

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2. All powers of the federal and state governments derive from and are delegated by We the People through our state and 13 federal constitutions. 14

“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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"Whatever these Constitutions and laws validly determine to be property, it is the duty of the Federal

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Government, through the domain of jurisdiction merely Federal, to recognize to be property.

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“And this principle follows from the structure of the respective Governments, State and Federal, and their reciprocal relations. They are different agents and trustees of the people of the several States, appointed with different powers and with distinct purposes, but whose acts, within the scope of their respective jurisdictions,

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are mutually obligatory. "

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[Dred Scott v. Sandford, 60 U.S. 393 (1856)]

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3. Every species of legislative power and authority that the government possesses is therefore explicitly delegated to it by 26 We the People. This concept is called “enumerated powers” by the courts. 27 4. The People cannot delegate an authority that they themselves do not inherently possess. 28

“Derivativa potestas non potest esse major primitive. 44

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The power which is derived cannot be greater than that from which it is derived.”

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[ Bouvier’s Law Dictionary Unabridged, 8 th Edition, pg. 2131

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“Quod per me non possum, nec per alium.. 45

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What I cannot do in person, I cannot do through the agency of another.” [ Bouvier’s Law Dictionary Unabridged, 8 th Edition, pg. 2159]

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5. The method by which people voluntarily delegate their authority is by choosing a domicile within the state or 35 government and thereby nominating a “protector” who now has a legal right to enforce the payment of “tribute” or 36 “protection money” in order to sustain the protection that was asked for. 37 6. Those who have not nominated a protector by voluntarily choosing a domicile within the state thereby reserve ALL 38 their natural rights. 39 7. Since governments inherently possess “sovereign immunity”, then We the People must also possess that authority, 40 because the government cannot have any authority that the people did not, but their Constitution and their choice of 41 domicile, delegate to it. 42 8. The foundation of the Constitution is the notion of equal protection of the law, whereby all are equal under the law. 43 This concept is documented, for instance, in section 1 of the Fourteenth Amendment. This notion carries with it the 44 requirement that every “person” has equal rights under the law: 45

44 Wing. Max. 36: Pinch. Law, b. 1. c. 3, p. 11.

45 4 Co. 24 b: 11 id. 87 a.

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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