People and Posterity as written in the Preamble of the U.S. Constitution, refers to a SPECIFIC People and a SPECIFIC Posterity - Those who signed the compact and not the general population of the 13 Colonies who were trying to turn these guys into the King of England for the huge bounty he placed on their heads - dead or alive. 97% of the 13 Colonies wanted nothing to do with renouncing their British citizenship. The Revolutionary War boosters and participants only comprised of 3% of the population of the time. Well, this is how it comes through for the Department of Justice. There are many decisions like this one including Supreme Court rulings, but none which word it so concisely as this: No private person has a right to complain by suit in court on the ground of a breach of the United States constitution; for, though the constitution is a compact, he is not a party to it. Padelford, Fay & Co. v. Mayor and Aldermen of City of Savannah 14 Ga. 438, 1854 WL 1492 (Ga., Jan Term 1854) (NO. 64) The United States Supreme Court stated in the case Yick Wo vs Hopkins 118 U.S. 356 (1886) : Sovereignty itself is, of course, not subject to law, for it is the 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, by whom and for whom all government exists and acts. And the law is the definition and limitation of power. It is, indeed, quite true that there must always be lodged somewhere, and in some person or body, the authority of final decision, and in many cases of mere administration, the responsibility is purely political, no appeal lying except to the ultimate tribunal of the public judgment, exercised either in the pressure of opinion or by means of the suffrage. But the fundamental rights to life, liberty, and the pursuit of happiness, considered as individual possessions, are secured by those maxims of constitutional law which are the monuments showing the victorious progress of the race in securing to men the blessings of civilization under the reign of just and equal laws, so that, in the famous language of the Massachusetts Bill of Rights, the government of the commonwealth may be a government of laws, and not of men. For the very idea that one man may be compelled to hold his life, or the means of living, or any material right essential to the enjoyment of life at the mere will of another seems to be intolerable in any country where freedom prevails, as being the essence of slavery itself. People of a state are entitled to all rights which formerly belong to the King, by his prerogative. --supreme Court, Lansing v. Smith, 4 Wend. 9 (N.Y.) 1829. Our government is founded upon compact. Sovereignty was, and is, in the people --Glass v. Sloop Betsey, supreme Court, 1794. The governments are but trustees acting under derived authority and have no power to delegate what is not delegated to them. But the people, as the original fountain might take away what they have delegated and entrust to whom they please. ... The sovereignty in every state resides in the people of the state and they may alter and change their form of government at their own pleasure. --Luther v. Borden, 48 US 1, 12 LEd 581.
Posted on: Mon, 31 Mar 2014 00:49:09 +0000
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