THE AMERICAN POWER STRUCTURE
IS NOT
THE EUROPEAN POWER STRUCTUREamerica is the only nation in history where sovereignty is held by each individual citizen—jointly and severally.---
There are three parties to every state:
The sovereign,
The sovereign’s government,
The sovereign’s property and subjects
---the european model
The European station of sovereign begins with an abstract corporate will, and reduces to an unembodied abstract will;Roussau’s “social contract”1768 and resulting European revolutions 1789 transferred ownership from the flesh and blood monarch to an abstract unembodied, no actual claimant, corporate will, and left themselves as subjects. Feuerbach, Engels, Marx, and run with it in the 1850’s.In their power structure, the individual socialist owns nothing. Not even himself. Not even his children. He has and does as is commanded or he is pruned from the species.
---the american model
the real flesh and blood individual american is born owning two estates:
a private estate which yield non-breach self-authorized enjoyment, employment, defense and disposition authority (severalty);a public estate which yields self- authorized non-breach ordinary use rights (joint tenancy).this is american law even though it is being obscured through Academic, Corporate, Government, Foreign, and Media narration.Thomas Jefferson,
"the God who gave us life gave us liberty at the same time; the hand of force may destroy, but cannot disjoin them.”
— 1774"to assume... the separate and equal station to which the Laws of Nature and of Nature’s God entitle...
...that to secure these rights
Governments are instituted among Men..."
-declaration of independence 1776“We the People of the United States... do ordain and establish...”
— Preamble, Federal Constitution 1787"This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding."-U.S. Constitution, Article VI, Clause 2 (Supremacy Clause)1787"The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened) against domestic Violence."
-U.S. Constitution, Article IV, Section 4 (Guarantee Clause):1787
federalist No. 33 (1788) (Hamilton): "the propriety of a law... must be determined... by the nature of the specified powers upon which it is founded."federalist No. 45 (1788) (Madison): Confirms the limited scope of delegated authority: "The powers delegated by the proposed Constitution to the Federal Government are few and defined." (Defines the massive reserve of sovereignty residing with the individual.)Federalist No. 46 (1788) (Madison): Confirms that the state and federal governments are "subordinate agents" of the people, who are the "primary source of power."Federalist No. 54 (1788) (Madison): Establishes property rights as the basis of society, asserting their protection is one of the "great and
primary objects of civil society."Federalist No. 84 (1788) (Hamilton): Explicitly rejects the need for detailed protections for property rights in the Constitution, relying on the antecedent nature of the right itself.
“...in order to prevent misconstruction or abuse of its powers...” — Preamble, Bill of Rights 1788"...being necessary to the security of a free state..."
-Second Amendment 1788“...nor be deprived of life, liberty, or property, without due process of law.”
— Fifth Amendment 1788“The enumeration in the Constitution of certain rights shall not be construed to deny or disparage others retained by the people.”
— Ninth Amendment 1788“The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”
— Tenth Amendment 1788
"I set out on this ground, which I suppose to be self-evident, 'that the earth belongs in usufruct to the living'.”
— Jefferson (1789)
Naturalization Act of 1790 (1 Stat. 103):
“...the children of citizens of the United States, that may be born beyond sea, or out of the limits of the United States, shall be considered as natural born citizens.”
-“As a man is said to have a right to his property, he may be equally said to have a property in his rights.”
James Madison “Property” essay (1792)
---chisholm v. georgia (1793)
The Supreme Court immediately affirmed the transfer of sovereignty from the Crown to the individual citizen in the first major case addressing federal jurisdiction:“at the revolution, the sovereignty devolved on the people; and they are truly the sovereigns of the country...
the citizens of america are equal as fellow citizens, and as joint tenants in the sovereignty...
...that the joint and equal sovereigns of this country should, in the very constitution by which they...bring into action and enforce this great and glorious principle —
that the people are the sovereign of this country, and consequently
that fellow citizens and joint sovereigns cannot be degraded by appearing with each other in their own courts to have their controversies determined.”the eleventh amendment (1795):
secures the primacy of the people of each state and protects them from external actors."the judicial power of the united states shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the united states by citizens of another state, or by citizens or subjects of any foreign state."-st. george tucker (1803)
"in america, the people are sovereign… each citizen being a constituent part of the sovereign."
blackstone's commentaries: with notes of reference to the constitution and laws of the federal government of the united states and of the commonwealth of virginia tucker, vol. i, appendix note d-james kent (1826–1830)
"Government derives its powers from their grant, not their surrender."
The right of the citizen to the free use of public highways is a common right""The sense of property is powerfully increased by the sacred protection of law. Civil government is instituted for the protection of property, and justice is the great spring and cement of society."
"The right of property is a fundamental and sacred right."
commentaries on american lawrawle (1825)
"The rights of property are founded in the law of nature, and are anterior to all human compact."
a view of the constitutionjefferson (1826)
"the palpable truth, that the mass of mankind has not been born with saddles on their backs, nor a favored few booted and spurred, ready to ride them legitimately, by the grace of god. these are grounds of hope for others.
50th anniversary of the declaration of independenceThe american's two-estatesA. Each American holds two estates:Private Estate (Severalty): Exclusive, not licensable by agentsPublic Estate (Joint Tenancy): Equal ownership among all citizens.B. Consequence of the Public Estate:Ordinary use of the public estate (common right) is a RIGHT.Extraordinary use of the public estate (use as a place of business) is a PRIVILEGE requiring regulation and taxation.This distinction is precisely affirmed:
“The common right of all the citizens to navigate the public waters is unquestioned; but the right to erect a dam or other obstruction which impedes that navigation is not a common right; it is a franchise.”
Willson v. Black Bird Creek Marsh Co., 27 U.S. (2 Pet.) 245 (1829) (Chief Justice Marshall):
-“The right of passing and repassing upon public highways and public waters belongs to every individual of the community, and is not a franchise or privilege granted by the government." -prevailing councilcourt:
“The object and end of all government is to promote the happiness and prosperity of the community by which it is established; and it can never be assumed, that the sovereign act of a State, which looks to objects of common interest, and is made for the common good, intended to destroy or to impair the rights of its own citizens.
…While the rights of private property are sacredly guarded, we must not forget that the community also have rights, and that the happiness and well-being of every citizen depends on their faithful preservation.…The continued existence of a government would be of no great value, if by implications and presumptions it was disarmed of the powers necessary to accomplish the ends of its creation…The great highways of the commonwealth—the navigable waters and the public roads—are open to all citizens upon the same terms; and no individual can exclude others from their use, or appropriate them to himself, except by grant from the public.”
-Charles River Bridge v. Warren Bridge, 36 U.S. (11 Pet.) 420 (1837)
-“It has been a common practice in the states to authorize individuals or corporations to construct wharves in harbors, and along navigable streams, and to collect wharfage upon vessels landing at such wharves…
The right to land at the wharves of a city, or upon the banks of navigable rivers, and to discharge and receive freight, is a privilege which may be granted, regulated, or withheld by the public authorities.
…
The use of the public highways for the ordinary travel of the citizen is a common right, but the use of them for the purpose of carrying on a private business for profit is an extraordinary use, and may be regulated or prohibited.
It is a settled principle, grown up with the common law, that the public have a right of passage over navigable waters, and that this right may be regulated by law, but cannot be destroyed.The public have a right of way over all navigable waters, and the right to land at the wharves of cities and towns, and to load and unload at such places as the public convenience may require; but this is a common right, and not a franchise. The right to collect wharfage is a franchise, and may be granted by the public authorities.”
-Packet Company v. St. Louis (The St. Louis Wharf Case), 100 U.S. 423 (1879)
-“The right to follow any of the common occupations of life is an inalienable right… it is a distinguishing privilege of citizens of the United States… It is the right of every man to pursue his profession or vocation without asking leave of any officer of the government.”
-Butchers’ Union Co. v. Crescent City Co., 111 U.S. 746, 757 (1884)
-"The ordinary right of the citizen to use the streets in the usual way is a common right. The use of the streets as a place of business is an extraordinary use… a mere license or privilege."
-Hadfield v. Lundin, 98 Wash. 659, (1917)
-“The streets of a city belong to the people of the state, and the use thereof is an inalienable right of every citizen.”
— Ex parte Corvey, 220 Mo. App. 602, 287 S.W. 879 (1926)
-“The use of the highway for the purpose of travel and transportation is not a mere privilege, but a common and fundamental right of which the public and individuals cannot be rightfully deprived.”
— Chicago Coach Co. v. City of Chicago, 337 Ill. 200, 169 N.E. 22 (1929)
-“The right of the citizen to travel upon the public highways and to transport his property thereon in the ordinary course of life and business is a common right which he has under his right to enjoy life and liberty and to pursue happiness.”
— Thompson v. Smith, 155 Va. 367, 154 S.E. 579 (1930)
-
“The right of a citizen to travel upon the public highways … is a right protected by the Federal Constitution … No statutory duty lies upon citizens to submit to a license requirement as a condition precedent to exercising that right.”
— Robertson v. Department of Public Works(1973) ,
180 Wash. 133, 39 P.2d 596 (1934) (quoted and followed in dozens of later cases)
-“The right of the citizen to travel upon the public highways and to transport his property thereon, either by carriage or by automobile, is not a mere privilege which a city may prohibit or permit at will, but a common right which he has under the right to life, liberty, and the pursuit of happiness.”
— Teche Lines v. Danforth, 195 Miss. 226, 12 So.2d 784 (1944) (quoting dozens of earlier authorities)
-
“The right to travel is a part of the liberty of which the citizen cannot be deprived without due process of law … Freedom of movement across frontiers in either direction, and inside frontiers as well, was part of our heritage. Travel abroad, like travel within the country … may be as close to the heart of the individual as the choice of what he eats, or wears, or reads.”
— Kent v. Dulles, 357 U.S. 116, 125-27 (1958) (citing the entire line of common-right cases)
-“The right to travel freely from state to state, and to use the public highways for that purpose, is a fundamental constitutional right …
The use of the public highways by private citizens for private purposes is a common right, not a mere privilege …
A state may not impose a charge or requirement for the exercise of a constitutional right.”
United States v. One 1968 Chevrolet Impala, 312 F.Supp. 709 (N.D. Ga. 1970)
...i am here <+> i move me ≡ original ownership ≡ separate and equal station ≡ the supreme law of the species that mechanically produces the ontological republic
awareness <+> will = free will
free will= original ownership
original ownership = separate and equal station
→seperate: individual private property
→equal: joint tenancy of the usufruct republic
→ constitution: administrative protocol
→government: instituted among not over
→statutes: secure pre-existing condition and may not breach
-
[OWNERSHIP = ultimate authority to control without breach = SOVEREIGNTY]
Ownership=Sovereignty
rights
privileges
original-logical-inevitable-congruent-symmetrical-actual-constant
law
=the ultimate authority to control property without breaching another including to enjoy and employ, defend and dispose.
every single american owns their private estate separately and the public estate jointly
this power structure mechanically produces duties, rights, privileges, breaches, and remedies that can be intuitively understood and logically deduced.
[PRIVATE PROPERTY]
=the individual american's mind, soul, body, labors, and all tangible and intangible properties he accumulates[JOINT PROPERTY]
the local and national infrastructure, law, governments, assets, courts, state governments, agencies, infrastructure, undeveloped lands, et al...-->[STANDING]
claimed relationship to parties and property--> [RIGHTS]
self-authorized acts of enjoyment and employment, defense and disposal, with one's own property- that do not breach another.| non-licensed, taxed directly w/apportionment.--> [PRIVILEGES]
permitted acts of enjoyment and employment, defense and disposal, with another's property, according to the rule of the owner-that do not breach| licensed, indirectly taxed.--> [LIBERTY]
the sum total of one's rights + granted privileges.-->[BREACH]
interference with another's rightful use of their property.--> [REMEDY]
restoration of the other's property + penalty if willful.-->[DUTIES]
enjoying, employing, defending and disposing running your private and joint estates without breach.[ORGANIC LAW]
the power structure systems logic that produces consistent rules among men.-->[BILL OF RIGHTS]<--
A grouping of some tools and rules the American can use to defend against and discipline government office holders.the federal and state constitutions sit in the middle of americans as the structure instituted among apex equals to assist in securing his original separate and equal station.|I AM HERE| |<+>| |I MOVE ME| = |I OWN ME|
≡|MY PRIVATE PROPERTY|≡
---DO NOT TRESPASS---
_________________________
|jointly held property|
|self authorized ordinary use rights|
-license required extraordinary use privileges-
|self authorized ordinary use rights|
|jointly held property|
__________________________---DO NOT TRESPASS---
≡|YOUR PRIVATE PROPERTY|≡
|YOU ARE THERE| |<+>| |YOU MOVE YOU| = |YOU OWN YOU|