Most state constitutions have a section
that declares the fundamental
power of the people
Political power—All sovereign political power is inherent in the people. The enunciation herein of certain Rights shall not be construed to deny or impair others retained by the people.
Notice that this says “people” it does not say persons. This statement declares beyond any doubt that the people are Sovereign over their created government. This is natural law and the natural flow of delegated power.
A Sovereign is a private, non-resident, non-domestic, non-person, non-individual, NOT SUBJECT to any real or imaginary statutory regulations or quasi laws enacted by any state legislature which was created by the people.
“Since when have we Americans been expected to bow submissively to authority and speak with awe and reverence to those who represent us? The constitutional theory is that we the people are the sovereigns, the state and federal officials only our agents. We who have the final word can speak softly or angrily. We can seek to challenge and annoy, as we need not stay docile and quiet.” Justice William O. Douglas, dissenting, Colten v. Kentucky, 407 U.S. 104 (1972)
When you are pulled over by the police, roll down your window and say, “You are speaking to a Sovereign political power holder. I do not consent to you detaining me. Why are you detaining me against my will ?”
Now the state office of policeman knows that “IT” is talking to a flesh and blood Sovereign. The police officer cannot cite a Sovereign because the state legislature can only regulate what they create. And the state does not create Sovereign political power holders. It is very important to lay the proper foundation right from the beginning. Let the police officer know that you are a Sovereign. Remain in your proper office of Sovereign political power holder. Do not leave it. Do not be persuaded by police pressure or tricks to put on the mask of a state “person.”
Why aren’t Sovereigns subject to the state’s charges? Because of the concept of office. The state is attempting to prosecute only a particular office known as “person.” If you are not in that state created office of “person,” the state statutes simply do not apply to you. This is common sense. For example, if you are not in the state of Texas, then Texas laws do not apply to you. For the state to control someone, they must first create the office. Then they must coerce a warm-blooded creature to come fill that office. They want to trick and trap you to fill that office.
Here is the often expressed understanding from the United States Supreme Court, that “in common usage, the term “person” does not include the Sovereign, statutes employing the person are ordinarily construed to exclude the Sovereign.” Wilson v. Omaha Tribe, 442 U.S. 653, 667 (1979) (quoting United States v. Cooper Corp., 312 U.S. 600, 604 (1941). See also United States v. Mine Workers, 330 U.S. 258, 275 (1947).
The idea that the word “person” ordinarily excludes the Sovereign can also be traced to the “familiar principle that the King is not bound by any act of Parliament unless he be named therein by special and particular words.” Dollar Savings Bank v. United States, 19 Wall. 227, 239 (1874). As this passage suggests, however, this interpretive principle applies only to “the enacting Sovereign.” United States v. California, 297 U.S. 175, 186 (1936). See also Jefferson County Pharmaceutical Assn., Inc. v. Abbott Laboratories, 460 U.S. 150, 161, n. 21 (1983). Furthermore, as explained in United States v. Herron, 20 Wall. 251, 255 (1874), even the principle as applied to the enacting Sovereign is not without limitations: “Where an act of Parliament is made for the public good, as for the advancement of religion and justice or to prevent injury and wrong, the king is bound by such act, though not particularly named therein; but where a statute is general, and thereby any prerogative, Right, title, or interest is divested or taken from the king. In such case the king is not bound, unless the statute is made to extend to him by express words.”
U.S. Supreme Court Justice Holmes explained:
“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.” Kawananakoa v. Polyblank, 205 U.S. 349, 353, 27 S. Ct. 526, 527, 51 L. Ed. 834 (1907).
The majority of American states fully embrace the Sovereign immunity theory as well as the federal government. See Restatement (Second) of Torts 895B, comment at 400 (1979).
The following U.S. Supreme Court case makes clear all these principals.
I shall have occasion incidentally to evince, how true it is, that states and governments were made for man; and at the same time how true it is, that his creatures and servants have first deceived, next vilified, and at last oppressed their master and maker.
… A state, useful and valuable as the contrivance is, is the inferior contrivance of man; and from his native dignity derives all its acquired importance. …
Let a state be considered as subordinate to the people: But let everything else be subordinate to the state. The latter part of this position is equally necessary with the former. For in the practice, and even at length, in the science of politics there has very frequently been a strong current against the natural order of things, and an inconsiderate or an interested disposition to sacrifice the end to the means. As the state has claimed precedence of the people; so, in the same inverted course of things, the government has often claimed precedence of the state; and to this perversion in the second degree, many of the volumes of confusion concerning Sovereignty owe their existence. The ministers, dignified very properly by the appellation of the magistrates, have wished, and have succeeded in their wish, to be considered as the Sovereigns of the state. This second degree of perversion is confined to the old world, and begins to diminish even there: but the first degree is still too prevalent even in the several states, of which our union is composed. By a state I mean, a complete body of free persons united together for their common benefit, to enjoy peaceably what is their own, and to do justice to others. It is an artificial person. It has its affairs and its interests: It has its rules: It has its Rights: and it has its obligations. It may acquire property distinct from that of its members. It may incur debts to be discharged out of the public stock, not out of the private fortunes of individuals. It may be bound by contracts; and for damages arising from the breach of those contracts. In all our contemplations, however, concerning this feigned and artificial person, we should never forget, that, in truth and nature, those who think and speak and act, are men. Is the foregoing description of a state a true description? It will not be questioned, but it is. …
It will be sufficient to observe briefly, that the Sovereignties in Europe, and particularly in England, exist on feudal principles. That system considers the prince as the Sovereign, and the people as his subjects; it regards his person as the object of allegiance, and excludes the idea of his being on an equal footing with a subject, either in a court of justice or elsewhere. That system contemplates him as being the fountain of honor and authority; and from his grace and grant derives all franchise, immunities and privileges; it is easy to perceive that such a Sovereign could not be amenable to a court of justice, or subjected to judicial control and actual constraint. It was of necessity, therefore, that suability, became incompatible with such Sovereignty. Besides, the prince having all the executive powers, the judgment of the courts would, in fact, be only monitory, not mandatory to him, and a capacity to be advised, is a distinct thing from a capacity to be sued. The same feudal ideas run through all their jurisprudence, and constantly remind us of the distinction between the prince and the subject.
No such ideas obtain here (speaking of America): at the revolution, the Sovereignty devolved on the people; and they are truly the Sovereigns of the country, but they are Sovereigns without subjects (unless the African slaves among us may be so called) and have none to govern but themselves; the citizens of America are equal as fellow citizens, and as joint tenants in the Sovereignty. Chisholm v. Georgia (1793) 2 U.S. 419, 2 Dall. 419, 1 L.Ed 440.
There are many ways you can give up your Sovereign power and accept the role of “person.” One is by receiving state benefits. Another is by asking permission in the form of a license or permit from the state.
One of the subtlest ways of accepting the role of “person,” is to answer the questions of bureaucrats. When a state bureaucrat knocks on your door and wants to know why your children aren’t registered in school, or a police officer pulls you over and starts asking questions, you immediately fill the office of “person” if you start answering their questions.
It is for this reason that you should ignore or refuse to “answer” their questions and instead act like a true Sovereign, a King or Queen, and ask only your own questions of them.
You are not a “person” subject to their laws.
If they persist and haul you into their court unlawfully, your response to the judge is simple and direct, you the Sovereign, must tell him :
“I have no need to answer you in this matter.”
“It is none of your business whether I understand my Rights or whether I understand your fictitious charges.”
“It is none of your business whether I want counsel.”
“The reason it is none of your business is because I am not a person regulated by the state. I do not hold any position or office where I am subject to the legislature. The state legislature does not dictate what I do.”
“I am a free Sovereign ‘Man'(or woman) and I am a political power holder as lawfully decreed in the State Constitution at article I (or II) and that constitution is controlling over you.”
You must NEVER retain or hire an attorney, a state officer of the court, to speak or file written documents for you. Use an attorney (if you must) only for counsel and advice about their “legal” system. If you retain an attorney to represent you and speak in your place, you become “NON COMPOS MENTIS”, not mentally competent, and you are then considered a ward of the court. You LOSE all your Rights, and you will not be permitted to do anything herein.
The judge knows that as long as he remains in his office, he is backed by the awesome power of the state, its lawyers, police and prisons. The judge will try to force you to abandon your Sovereign sanctuary by threatening you with jail. No matter what happens, if you remain faithful to your Sovereignty, The judge and the state may not lawfully move against you.
The state did not create the office of Sovereign political power holder. Therefore, they do not regulate and control those in the office of Sovereign. They cannot ascribe penalties for breach of that particular office. The reason they have no authority over the office of the Sovereign is because they did not create it and the Sovereign people did not delegate to them any such power.
When challenged, simply remind them that they do not regulate any office of the Sovereign and that their statutes only apply to those state employees in legislative created offices.
This Sovereign individual paradigm is explained by the following U.S. Supreme Court case:
“The individual may stand upon his constitutional Rights as a citizen. He is entitled to carry on his private business in his own way. His power to contract is unlimited. He owes no such duty [to submit his books and papers for an examination] to the State, since he receives nothing therefrom, beyond the protection of his life and property. His Rights are such as existed by the law of the land [Common Law] long antecedent to the organization of the State, and can only be taken from him by due process of law, and in accordance with the Constitution. Among his Rights are a refusal to incriminate himself, and the immunity of himself and his property from arrest or seizure except under a warrant of the law. He owes nothing to the public so long as he does not trespass upon their Rights.” Hale v. Henkel, 201 U.S. 43 at 47 (1905).
Let us analyze this case. It says, “The individual may stand upon his constitutional Rights.” It does not say, “Sit on his Rights.” There is a principle here: “If you don’t use ’em you lose ’em.” You have to assert your Rights, demand them, “stand upon” them.
Next it says, “He is entitled to carry on his private business in his own way.” It says “private business” – you have a Right to operate a private business. Then it says “in his own way.” It doesn’t say “in the government’s way.”
Then it says, “His power to contract is unlimited.” As a Sovereign individual, your power to contract is unlimited. In common law there are certain criteria that determine the validity of contracts. They are not important here, except that any contract that would harm others or violate their Rights would be invalid. For example, a “contract” to kill someone is not a valid contract. Apart from this obvious qualification, your power to contract is unlimited.
Next it says, “He owes no such duty [to submit his books and papers for an examination] to the State, since he receives nothing therefrom, beyond the protection of his life and property.” The court case contrasted the duty of the corporation (an entity created by government permission – feudal paradigm) to the duty of the Sovereign individual. The Sovereign individual doesn’t need and didn’t receive permission from the government, hence has no duty to the government.
Then it says, “His Rights are such as existed by the law of the land [Common Law] long antecedent to the organization of the State.” This is very important. The Supreme Court recognized that humans have inherent Rights. The U.S. Constitution (including the Bill of Rights) does not grant us Rights. We have fundamental Rights, irrespective of what the Constitution says. The Constitution acknowledges some of our Rights. And Amendment IX states, “The enumeration in the Constitution, of certain Rights, shall not be construed to deny or disparage others retained by the people.” The important point is that our Rights antecede (come before, are senior to) the organization of the state.
Next the Supreme Court says, “And [his Rights] can only be taken from him by due process of law, and in accordance with the Constitution.” Does it say the government can take away your Rights? No! Your Rights can only be taken away “by due process of law, and in accordance with the Constitution.” “Due process of law” involves procedures and safeguards such as trial by jury. “Trial by jury” means, inter alia, the jury judges both law and fact.
Then the case says, “Among his Rights are a refusal to incriminate himself, and the immunity of himself and his property from arrest or seizure except under a warrant of the law.” These are some of the Rights of a Sovereign individual. Sovereign individuals need not report anything about themselves or their businesses to anyone.
Finally, the Supreme Court says, “He owes nothing to the public so long as he does not trespass upon their Rights.” The Sovereign individual does not have to pay taxes.
If you should discuss Hale v. Henkel with a run-of-the-mill attorney, he or she will tell you that the case is “old” and that it has been “overturned.” If you ask that attorney for a citation of the case or cases that overturned Hale v. Henkel, there will not be a meaningful response. The Guru has researched Hale v. Henkel and here is what I found :
“We know that Hale v. Henkel was decided in 1905 in the U.S. Supreme Court. Since it was the Supreme Court, the case is binding on all courts of the land, until another Supreme Court case says it isn’t. Has another Supreme Court case overturned Hale v. Henkel? The answer is NO. As a matter of fact, since 1905, the Supreme Court has cited Hale v. Henkel a total of 144 times. A fact more astounding is that since 1905, Hale v. Henkel has been cited by all of the federal and state appellate court systems a total of over 1600 times. None of the various issues of this case has ever been overruled.
So if the state through the office of the judge continues to threaten or does imprison you, they are trying to force you into the state created office of “person.” As long as you continue to claim your Rightful office of Sovereign, the state lacks all jurisdiction over you. The state needs someone filling the office of “person” in order to continue prosecuting a case in their courts.
A few weeks in jail puts intense pressure upon most “persons.” Jail means the loss of job opportunities, separation from loved ones, and the piling up of debts. Judges will apply this pressure when they attempt to arraign you. When brought in chains before a crowded courtroom the issue of counsel will quickly come up and you can tell the court you are in propria persona or simply “PRO PER,” as your own counsel and you need no other.
Do not sign their papers or cooperate with them because most things about your life are private and are not the state’s business to evaluate. Here is the Sovereign peoples command in the constitution that the state respect their privacy :
Right of privacy — Every man or woman has the Right to be let alone and free from governmental intrusion into their private life except as otherwise provided herein. This section shall not be construed to limit the public’s Right of access to public records and meetings as provided by law.
If the judge is stupid enough to actually follow through with his threats and send you to jail, you will soon be released without even being arraigned and all charges will be dropped. You will then have documented prima facie grounds for false arrest and false imprisonment charges against him personally.
Now that you know the hidden evil in the word “person,” Try to stop using it in everyday conversation. Simply use the correct term, MAN or WOMAN. Train yourself, your family and your friends to never use the derogatory word “person” ever again.
This can be your first step in the journey to get yourself free from all state control. The second step is to get free from any government contracts that are binding on you.