Whereas, during the course of history usurpers have attempted to
misconstrue certain principles of constitutional republican government for their
own ends, and that the original language of the Constitution for the United
States did not anticipate all the ways it might be misinterpreted, we hereby set
forth some of those principles with greater clarity, using more modern language:
The individual component of the polity is the person, which is
defined as any being consisting of or having the essential cognitive attributes
of a member of the species homo sapiens, including both the capacity to
compete with others for the means to exercise the natural rights of
life, liberty, and the pursuit of happiness, and the capacity to regulate its
competitive actions to avoid depriving others of those rights and to sacrifice
itself for the greater good of the polity as a whole or for their common
The polity, or society, is created by the social
contract, in which persons agree to join together for mutual benefit and
defense, and to regulate their behavior to avoid forms of competition which are
destructive of social coherence and effectiveness, such as violence, deception,
or collusion, or to infringe on the rights of others.
Acceptance of the terms of the social contract is effected through, and
based upon, a restricted form of the social contract called the filial
contract, between parents and their children, in which the parents agree to
be good parents and the children agree to be good children and to grow into good
adults and members of society. As persons grow, they extend the social contract
to others they encounter.
The social contract is transitive, so that it extends to and
includes not only those with whom one is in direct contact, but all those with
whom those one is in direct contact with are bound to by the social contract as
well, and therefore by recursion to all those persons who are members of the
society, even if one has never met them.
A state is a society in exclusive possession of a territory. It is
not the government. A state may or may not have a government, although larger
ones almost always do.
A citizen is a person who has the civil right to remain within the
territory of a state and to return to it if he leaves it, the right to delegate
powers to agents who comprise any government of that state, and the duty to
defend that state.
A government consists of those persons to whom certain powers held
by the citizens in common are delegated, to act as agents for those citizens,
exercising only such powers as are delegated to them, and according to their
instructions. That delegation and those instructions constitute an extension of
the basic social contract called the constitution, which may be written
A delegation of powers is not a transfer or assignment, and may be
reclaimed at any time that the citizens, in their judgement, find that their
agents are not acting in accordance with their wishes.
The authority of an agent or official exists only for as long and
to the extent that he exercises his legitimate powers properly, and he
automatically ceases to be an agent or official if he exceeds his authority.
A state is a democracy if all persons born to its territory or
citizens are citizens, with the full rights and duties thereof, subject to the
disabilities of minority, and the agents who are the government are agents of
all of them in common through some form of voting in which all of those not
minors are qualified to participate.
A democracy is a republic if the legislative functions of
government, other than the ratification of constitutional amendments, is
exercised exclusively through representatives elected by its citizens rather
A republic is constitutional if power to amend the constitution is
not delegated to elected legislators of the highest legislative body to adopt
like ordinary legislation, but requires either a supermajority of citizens, or
majorities of citizens or their representatives elected to lower-level political
units in a supermajority of such political units, to ratify it; and if no such
amendment infringes on either the natural rights of persons or the civil right
of persons to be equally represented in at least one branch of the highest
legislative body, or to have members of government act as other than the agents
of the people, exercising only limited and specific delegated powers, and to be
fully accountable to them equally.
A republic or other democracy is nonconstitutional if any
legislative act supersedes any conflicting act that precedes it, including any
act or unwritten principle which may be called a "constitution".
A state is an autocracy if those exercising the powers of
government are a minority of the persons living in the state and are agents only
of themselves, and therefore the only true citizens of that state, the remainder
being only subjects or slaves. An autocracy is not a legitimate form of
A state is an oligarchy if political power is concentrated in a
minority ruling class, based on wealth, birth, connections, or other form of
power other than constitutional delegation, and in which the agents of
government are accountable to the members of the ruling class, to varying
degrees, rather than equally to all the persons living in the state. An
oligarchy is not a legitimate form of government.
The natural rights of persons are inalienable, preceding the social
contract and the constitution, and persons may not be deprived of them even with
their consent, since they do not have the power to surrender those rights, and
therefore do not have the power to delegate the deprivation of those rights to
Persons do, however, have the power, and can delegate the power, to disable,
or partially restrict, the exercise of those rights by some individual persons
when their exercise would conflict with the exercise of the rights of other
persons, to strike a balance among the exercise of their rights by all persons.
Due process is the totality of those rules and procedures under
which a dispute at law may be resolved justly, intended to allow all parties to
the dispute a fair opportunity to argue their positions on their merits.
Due process in both criminal and civil cases includes the following rights
of the parties:
To have process only upon legal persons able to defend themselves, either
natural persons or corporate persons that are represented by a natural person as
agent, and who are present, competent, and duly notified, except, in cases of
disappearance or abandonment, after public notice and a reasonable period of
Not to be ordered to give testimony or produce evidence beyond what is
necessary to the proper conduct of the process.
Due process in criminal cases includes the following rights of the accused:
Not to be charged for a major crime but by indictment by a Grand Jury,
except while serving in the military, or while serving in the Militia during
time of war or public danger.
Not to be charged more than once for the same offense.
Not to be compelled to testify against oneself.
Not to have excessive bail required.
To be tried by an impartial jury from the state and district in which the
events took place.
To have a jury of at least six for a misdemeanor, and at least twelve for a
To a speedy trial.
To a public trial.
To have the assistance of an attorney of one's choice.
To be informed of the nature and cause of the accusation.
To be confronted with the witnesses against one.
To have compulsory process for obtaining favorable witnesses.
To have each charge proved beyond a reasonable doubt.
To have a verdict by a unanimous vote of the jury, which shall not be held
to account for its verdict.
To have the jury decide on both the facts of the case and the
constitutionality, jurisdiction, and applicability of the law.
Upon conviction, to have each disablement separately and explicitly proven
as justified and necessary based on the facts and verdict.
To have a sentence which explicitly states all disablements, and is final
in that once rendered no further disablements may be imposed for the same
Due process in civil cases includes the following rights of the parties:
To trial by an impartial jury from the state and district in which the
events took place where the issue in question is either a natural right or
property worth more than $20.
To have compulsory process for obtaining favorable witnesses.
Disablement of all rights other than the rights of majority may only be
done by due process for individuals, not by legislation.
The only rights which may be disabled by default or by statute for an
entire class of persons are the rights of majority, and those disabilities
of minority, except for the right to vote, may be removed earlier than the
default age of majority, or extended beyond the default age of majority, by
petition to a court of competent jurisdiction. All other rights must be disabled
individually, by due process of law, and then only to the extent that is
determined to be necessary to avoid infringing on the rights of others.
Only individual persons or corporate "persons" which are
composed of individual persons may be the subject of legal process. Inanimate
objects and living objects not capable of conducting their own defense in a
court of law may not be parties to an action at law.
Upon establishment of the social contract, the natural right of what in
the state of nature would be self defense is transformed into the duty
to defend the state and the constitution, including oneself as a member of
Defense of the state and the constitution includes defense against
threats of all kinds, including invasion or attack, insurrection, criminal acts,
natural or manmade disasters, or public ignorance or apathy.
The duty to defend the state and the constitution entails the right
to acquire the means and the skills to exercise that duty, including the skills
of the soldier, the policeman, and the fire and rescue worker, to be organized
to act alone or in concert with others to exercise those skills to meet any
threat that may arise, and the power to exercise those skills and use
those means, alone or in concert with others, with or without official direction
In a republic, all citizens are soldiers, policemen, and fire and rescue
workers, with the default rank of private. Delegation of official powers
to agents of government is the conferring of higher rank to those
persons, and persons of lesser rank are subject to the lawful orders of persons
of higher rank when persons of higher rank are present and exercising their
authority legally and effectively. If not, their rank ceases and highest rank
devolves on the person present who most effectively represents that authority,
whatever his previous status. A citizen with the default rank of private also
outranks any person who is acting in violation of law, for the rank of
lawbreakers is lower than that of private, whatever their previous status.
A citizen not only has the duty to obey the law, but to help enforce
it, within his ability, and to do what he can to prepare himself and
others to do so.
In a constitutional republic, the constitution is the supreme law,
superior to all other public acts, whether by officials or private citizens. Any
statute, regulation, executive order, or court ruling which is inconsistent
with that supreme law and not derived from it is unconstitutional
and null and void from inception.
There are several ways in which statutes or other official acts may be
It may be contrary to a right guaranteed under the Constitution.
It may not be based on one of the powers delegated to the government under
It may violate the provisions for the structures and procedures of
government, such as the delegation of legislative or judicial powers to an
executive agency in violation of the separation of powers principle of the
It may neglect to perform some duty imposed under the Constitution.
It may involve the operation of government outside its constitutional
It may not be applied in the way it was intended by those who wrote and
adopted the original act.
It may be vague or incomprehensible to the people who must obey or enforce
It may have been intended to be applied selectively, or have come to be
applied selectively, in violation of the equal protection provision of the
Constitution that all laws must be applied uniformly.
Proper notice of the law or act may not have been given in a way that would
allow people subject to it to become aware of it.
The aggregate of laws or regulations may become so burdensome that it
becomes unreasonable for everyone subject to it to be sufficiently familiar with
it to comply with all of it.
It may have never been properly adopted, or due process may not have been
Information needed to make a proper determination may have been withheld or
distorted in a way that is intended to mislead or which has that effect through
An unconstitutional statute is not a law, no matter how vigorously it may
be enforced. Enforcement does not make what is enforced the law. What is
enforced is a regime. In a constitutional republic, the law and the
regime should coincide. If they do not, the regime is not law but anti-law.
Whenever any person is confronted with a situation in which two or more
official acts are in conflict, he has the duty to know which is the superior
one, and to obey or help enforce the superior one, which, if one of them is the
constitution, means to obey or help enforce the constitution. This duty cannot
be delegated to another person: not to a superior, a court, or a legal
advisor. It is not a defense that one was ignorant of the law or just doing
one's job or following orders. This is sometimes called the Principle of
The judgement of the consistency of an official act with the constitution
is called constitutional review. When this duty is performed by a judge,
it is called judicial review. It is not a power of government but the
exercise of a duty of citizenship.
Each level and jurisdiction of government has been delegated the power to
punish as crimes the deprivation of constitutional and civil
rights of persons by agents of government, and some governments the power to
punish deprivation of rights by individuals not agents of government. Statutes
to implement those powers have been enacted in almost every jurisdiction, and
they cover almost every such deprivation.
Any act performed by an agent of government which is unconstitutional is
illegal, and while performing that act the person ceases to be an agent
of government or to have any official status, regardless of what trappings of
office or color of law he may project. It is also almost certainly a deprivation
of the civil rights of someone, and therefore also a violation of one or
more of the constitutional criminal laws against doing so.
Any citizen who becomes aware of an illegal or unconstitutional act of an
apparent official, which is a criminal deprivation of rights, has the duty to
disobey that act, to report it as a crime, and to arrest
the offender and deliver him to a court of competent jurisdiction for
A militiaman is any citizen or would-be citizen in his or her
capacity as a defender of the state and the constitution. A militia is
one or more persons acting in concert in that capacity. The general militia
is the totality of all such persons, which, because even simple obedience to law
is a defense of the state and the constitution at a low level, comprises all
law-abiding citizens and would-be citizens. The obligatory militia is
the subset of the general militia who may be required to keep and bear arms and
to respond to militia call-ups. The voluntary militia are those not in
the obligatory militia who voluntarily respond to a militia call-up. The ready
militia is comprised of the obligatory militia together with the voluntary
militia. A select militia is a subset of the general militia which is
not representative of the population as a whole, and which may therefore be used
to achieve the unconstitutional purposes of some faction. National and state "guards"
and law enforcement agencies are select militias.
Whenever a citizen or other person becomes aware of a threat to the state
and the constitution, he or she has the duty to issue a call-up to the
militia, even if he or she is the only person present, and all persons who
receive that call-up have a duty to respond and act as a militia to meet the
threat. In the context of the social contract, an act of "self defense"
is more properly described as a call-up of the militia, consisting of oneself,
to defend the state and the constitution, also represented by oneself.
No level or branch of government has the power to tax or regulate any
instrument suitable for militia duty, including any firearm or ammunition
therefor, except to maintain quality and reliability for their intended
functions, or to disable the right of any person to keep and bear such
instruments, or to assemble and train as independent militias, except by due
process of law upon petition to a court of competent jurisdiction, in which each
side shall have the right to argue its case and present its evidence, and the
burden of proof shall be on the petitioner seeking the disablement.
There are no "implied contracts" involving government as a
party. A constitution is the entire agreement among the citizens, and no benefit
received by any person from government legally obligates that person to make any
payment therefor, except through constitutional taxes and fees, nor is any
person legally obligated to account for any such benefits, or to be subject to
penalties for perjury or fraud for misstating such benefits. Conversely, neither
is government legally obligated to provide some minimal level, quality, or
distribution of benefits to persons, other than according to constitutional
No level or branch of government has the power to impose criminal
penalties, such as deprivation of life or liberty, for violations of civil laws.
Only deprivations of property or privileges may be imposed for violations of
civil laws. Persons may not be imprisoned for failure to pay a fine unless the
offense is criminal and a criminal penalty is authorized for that offense.
No judge may imprison a person for contempt of court unless the
constitution delegates the power to do so and a criminal statute authorizes it.
The jurisdiction of a criminal offense is determined by the location of
the offender's head when the offense was committed, not by the location of the
effects of the crime. The crime is the mental act, not the outcome.
No treaty or compact may contain effective provisions which would require
agents of government to exercise powers not delegated to them under the
constitution of their jurisdiction. As agents of the people, they may not make
powers they do not have elements of any treaty or compact, and no such treaty or
compact may confer on them any new powers within the territory of their
Statutes passed with the intent that they not be enforced uniformly, but
at the discretion of law enforcement agents, are unconstitutional. They violate
the Constitutional requirement for equal protection of the laws, and constitute
an unconstitutional delegation of legislative authority to executive officials.
The appropriate exercise of the powers delegated in the Constitution is
not discretionary, but represent positive duties, and the failure to exercise
such powers appropriately constitute violations of the Constitution. Among these
duties is the duty to keep the Militia sufficiently organized and trained so
that it might always prevail over any standing military or select militia.
Principles Specific to the Constitution for the United States:
The term "commerce" as used in Art. I, Sect. 8, consists
only of exchanges of goods and services for a valuable consideration. "...
among the states" is a restriction to those exchanges that begin in one
state and end in another. It does not include everything that has ever been a
part of such an exchange, or that might be a part of such an exchange in the
future, or which is a part of an aggregate of such exchanges some of which may
begin in one state and end in another, or which "affect" such
The power to "regulate" commerce includes the powers to license
those enterprises which engage in such exchanges, and to prescribe the form,
size, quality, measure, labeling, scheduling, transport, and routing of goods
and services, but not prohibition of the content or terms of such exchanges. It
includes the power to impose civil penalties for violation of such regulations,
such as fines or loss of licenses, but not criminal penalties, such as the
deprivation of life or liberty.
The power to impose an excise tax may not be used for any purpose then to
raise revenue. It is not the power to prohibit an item by imposing a
confiscatory tax on it, or by refusing to accept payment of a tax on it and then
declaring the item itself illegal because the tax has not been paid. For this
reason, the National Firearms Act of 1937 is unconstitutional.
The power to impose a tax is not the power to impose criminal penalties
for the failure to pay the tax, or to make the item on which a tax has not been
paid illegal. Property belonging to the delinquent may be seized and sold at
public auction to raise the money to pay the tax, and the reasonable costs of
seizure and sale, but all items not thus sold, and all surplus proceeds of the
sale, must be delivered promptly to the taxpayer.
Congress does not have the power to delegate its legislative powers to
elements of other branches, nor do agencies of the executive branch have the
power to adopt "regulations" or "executive orders" that
deviate from constitutional legislation adopted by Congress and signed by the
President in any way whatsoever. Any such "regulations" or "executive
orders" must be adopted as ordinary legislation before they can become
effective. The only exceptions are restrictions on legislation to that part of
it which is constitutional, and executive orders that implement legislation for
Of the approximately 3000 federal criminal statutes, all but a few are
unconstitutional if applied to offenses committed on state territory or to
federal territory not ceded by a state legislature to the exclusive jurisdiction
of the U.S. government.
The "blanket" cessions of any property acquired by the federal
government, on the books in some states during the 1840-1940 time frame, were
unconstitutional, in that they exceeded the authority of the state legislatures
by attempting to delegate their legislative powers. No such cession is legal,
and jurisdiction for those parcels remains with the states.
It is unconstitutional for a state agency to delegate to a federal agency
the power to make a determination that will affect the way a state law will be
applied. This includes letting the IRS determine the tax status of a corporate
entity, or letting a federal agency determine the legality of an element of
commerce under state law. All such determinations must be made by agents of the
state government, accountable to the people of that state through their elected
It is not a reversible error to fail to inform a jury that they have the
right and duty to judge the law as well as the facts in a case in which the
government is a party, provided that they can be presumed to already know that
and that the parties in the case have an opportunity to remind them of that
fact. However, since juries can no longer be presumed to know that, it is a
reversible error under the prevailing circumstances if the judge fails to so
inform them, and to instruct them on all the ways in which a statute or official
act involved in the case might be unconstitutional and a deprivation of the
rights of the private parties. It is also a reversible error if the judge
interferes in any way with the parties so informing the jury, directly or
through their attorneys.
The natural and civil rights identified in the first eight amendments to
the Constitution apply to all levels and branches of government, and, indeed, to
all governments of persons everywhere, in all nations and times. They do not
establish such rights, which precede the Constitution, but only recognize them.
They are not just restrictions on the Congress of the United States, but on all
While emergencies may make it impossible to strictly comply with some
provisions of the Constitution for a short period of time, neither Congress nor
the President has the power to suspend the Constitution or any provision of it
indefinitely. The economic crisis which prevailed during the 1933 time frame was
not an emergency requiring a departure from any provision of the Constitution.
Secret budgets and spending authorizations are a violation of the
Constitutional requirement for a public accounting of all funds. There is no
provision for a "national security" requirement which would permit
this. Such secret expenditures are only a secret from the people, not from any
credible foreign enemy.
There is no provision for the operation of "administrative" or "municipal"
courts which deny the defendant the right to a jury trial where amounts of more
than twenty dollars are involved, and all such courts are unconstitutional.
An amendment to the Constitution may only be considered ratified if every
state counted as ratifying it approves the same language, including spelling,
capitalization, and punctuation.
It is not a violation of the Constitution to issue credit instruments
whose value, measured in unit weights of gold or silver, is determined by the
marketplace, or to allow such credit instruments to be used for the payment of
obligations, as a matter of convenience and security, at their current market
value. However, it is a violation of the Constitution to express legal monetary
obligations in units other than weights of gold or silver. If the "dollar"
is no longer to be a fixed weight of gold or silver, then legal obligations must
be expressed in units that are, such as grains, grams, or ounces.
The power delegated exclusively to the U.S. Congress to declare war is not
the exclusive power to authorize the President to send troops into a war
situation. A declaration of war is necessary to relieve soldiers and the
President of liability for what would otherwise be criminal acts of violence in
the jurisdiction in which they operate, provided that they otherwise conduct
themselves according to law and international treaties.
The U.S. Congress has no power to withhold funds from states or other
legislative jurisdictions as a way of coercing them into adopting legislation.
Such coercion is a violation of the requirement for equal protection of the
Broad delegations of powers, such as those in the constitutions of some
states, or in Art. I, Sect. 8, of the Constitution concerning territories ceded
to exclusive U.S. jurisdiction by state legislatures, are inconsistent with as
republican form of government, under which all delegations must be specific, and
such state constitutions are in violation of the guarantee in the U.S.
Constitution of a "republican form of government". This particularly
applies to those which delegate "general police powers". The only "police
powers" which may properly be referred to as "general" are the
powers all citizens have to enforce the laws. The term is not properly used to
include general powers to punish anything that some official decides is an