Monday, September 7, 2015

The People's Right to Alter or Abolish a Government in Times of Unhappiness

The People's right to abolish a government in times of unhappiness was declared in the Declaration of Independence, 1776, "That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness."

The US federal government is powerless to enjoin the sovereign from cancelling its delegation of authority for a republican form of government. "A sovereign is exempt from suit not because of any formal conception or obsolete theory, but on the logical and practical ground that there can be no legal right as against the authority that makes the law on which the right depends."; Kawananokoa v. Polyblank, 205 U.S. 349 (1907); "Car on peut bien recevoir loy d'autruy, mais il est impossible par nature de se donner loy." Bodin, Republique, 1, c. 8, ed. 1629, p. 132; Sir John Eliot, De Jure Maiestatis, c. 3. Nemo suo statuto ligatur necessitative. Baldus, De Leg. et Const. Digna Vox, (2d ed. 1496, fol. 51b, ed. 1539, fol. 61).

The American Ruling Cases As Determined by the Courts ..., Basil Jones, 1932


The common law rule was that no one might throw off his country or abjure his allegiance without the consent of the sovereign. Dyer, 298b; 1 Bl. Com. 370. The earliest cases in the United States followed this principle also. Shanks v. Dupont, 3 Pet. (28 U. S.) 242, 7 L. ed. 666; Inglis v. Sailor's Snug Harbor, 3 Pet. (28 U. S.) 99, 7 L. ed. 617. Wiliiams Case, 2 Cranch (C. C.), 82, note, Fed. Gas. No. 17,708. This principle was questioned in many cases, however. Murray v. Schooner Charming Betsy, 2 Cranch (6 U. S.) 64, 2 L. ed. 208; Ainslie v. Martin, 9 Mass. 454; Lynch v. Clarke, 1 Sandi. Ch. (N. Y.) 583, 657. But all doubts were removed in 1868 by U. S. Rev. Stat, §§ 1999-2000, declaring that "The right of expatriation is an inherent right of all people.” In construing these provisions, however, the court said in Comitis v. Parkerson, 56 Fed. 556, 559. 22 L. R. A. 148: "As to whether allegiance can be acquired or lost by any other means than statutory naturalization is left by Congress in precisely the same situation as it was before the passage of their act.”
See The American Ruling Cases As Determined by the Courts, Including the Fundamental Cases of England And Canada, Also All Reviewing And Illustrating Cases of Material Value From the Latest Official Reports, Completely Annotated. Chicago: The National law book company, pg. 168.

President Obama is ineligible. Under the common law principle of sovereignty and the founding principles of this nation, the US federal government is powerless to prevent the will of the majority from installing an ineligible President in violation of Article II. All federal and state judges, all federal and state legislators and all federal and state executive officers must support the US Constitution pursuant to Article VI. US and state officers are not authorized to ignore a violation of Article II and continue their day to day activities. Delegated authority has been withdrawn through a new declaration of independence.

The court would be the sovereign if it assumed authority to interpret the meaning of the term natural born citizen, i.e. each time the People elected an ineligible President to void the authority of the court, the court could opine the current sitting President is eligible to retain their jurisdiction over cases and controversies. "[Citizenship] carries with it the privilege of full participation in the affairs of our society, including the right to speak freely, to criticize officials and administrators, and to promote changes in our laws including the very Charter of our Government." Knauer v. United States, 328 U.S. 654, 658 (1946).