Quote:
Originally Posted by dv1033
So you missed where I linked how John Locke was behind the formation of America?
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FEE's article is opinion, not law.
The republican form is PROMISED in Art. 4, sec. 4, USCON, and not Locke's "Social compact."
And according to the various references, the SOURCE of the RFOG is the Declaration of Independence, where it states we have endowed rights, etc, etc. NOT obligations to some "Social Compact."
“The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion. . .”
- - - United States Constitution, Article 4, Section 4.
CONSTITUTION, Art. 4, Sec. 4. The guarantee of a republican form of government to every "state" means to its people and not to its government: Texas v. White. 7 Wall. (U. S.) 700, 19 L. Ed. 227.
- - - Bouvier’s Law Dictionary, 8th ed. (1914), P.635
REPUBLICAN GOVERNMENT. . . The fourth section of the fourth article of the constitution, directs that "the United States shall guaranty to every state in the Union a republican form of government." The form of government is to be guarantied, WHICH SUPPOSES A FORM ALREADY ESTABLISHED, and this is the republican form of government the United States have undertaken to protect.
- - - Bouvier’s Law Dictionary, 6th edition, 1856
The republican form existed BEFORE the USCON, thus it cannot be a “constitutional republic.”
"The better to secure and perpetuate mutual friendship and intercourse among the people of the different states in this union, the free inhabitants of each of these states, ... shall be entitled to all privileges and immunities of free citizens in the several states ..."
[Article IV of the Articles of Confederation (1777)]
It will be admitted on all hands that with the exception of the powers granted to the states and the federal government, through the Constitutions, the people of the several states are unconditionally sovereign within their respective states.
Ohio L. Ins. & T. Co. v. Debolt 16 How. 416, 14 L.Ed. 997
In America, however, the case is widely different. Our government is founded upon compact. Sovereignty was, and is, in the people.
[ Glass vs The Sloop Betsey, 3 Dall 6 (1794)]
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.
[Yick Wo vs Hopkins, 118 U.S. 356, 370 (1886)]
Sovereign people are not bound by compact.
Citizens are NOT sovereigns, but are subjects.
CITIZEN - ... Citizens are members of a political community who, in their associative capacity, have established or submitted themselves to the dominion of government for the promotion of the general welfare and the protection of their individual as well as collective rights.
- - - Black's Law Dictionary, Sixth Ed. p.244
"... the term 'citizen,' in the United States, is analogous to the term "subject" in the common law; the change of phrase has resulted from the change in government. ... he who before was a "subject of the King" is now a citizen of the State."
- - - State v. Manuel, 20 N.C. 144 (1838)
SUBJECT - One that owes allegiance to a sovereign and is governed by his laws.
. . . Men in free governments are subjects as well as citizens; as citizens they enjoy rights and franchises; as subjects they are bound to obey the laws. The term is little used, in this sense, in countries enjoying a republican form of government.
- - - Black's Law Dictionary, Sixth Edition, p. 1425
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In most other countries, men are subjects of sovereigns, bound to obedience. In countries like the USA, that ENJOY a republican form, sovereign men are not presumed to be subjects and citizens. Nor are they bound to OBEY laws (regulatory).
BUT if one is NOT in a republican form - such as those in a constitutionally limited indirect democracy - one is a subject and bound to obedience - by consent. Perhaps that is where the "social compact" lies.
. . .
Ironically, there is only ONE NATION on EARTH with a republican form and 99.9% of its people cannot accurately define it nor its source.