Who is the “Boss”: the Federal Government; State Governments; or the People?
by John-Henry Hill, M.D., Ph.D.
October 17, 2016
Who is the “Boss” in America? To correctly answer this question, we must review a few (of the many) U.S. Supreme Court rulings on SOVEREIGNTY. And knowing about sovereignty is the key to regaining your freedom. The “catch” is that most Americans today voluntarily (but unknowingly) waive their individual sovereignty by creating contracts with government, giving the government jurisdiction over them and never challenging the government’s presumption of jurisdiction. Just try mentioning your rights guaranteed by the Constitution in a U.S. commercial court. The judge will either simply tell you to “Shut up!” or that the “Constitution does not apply in his court room.” And the judge is correct. You voluntarily waived your rights without even knowing how you did so.
“Our government is founded upon compact [contract]. Sovereignty was, and is, in the people” — Glass v. Sloop Betsey, Supreme Court, 1794.
…at the Revolution, the sovereignty devolved on the people; and they are truly the sovereigns of the country, but they are sovereigns without subjects…with none to govern but themselves….. [CHISHOLM v. GEORGIA (US) 2 Dall 419, 454, 1 L Ed 440, 455 @DALL (1793) pp471-472.]
The people of this State, as the successors of its former sovereign [the King of Britain], are entitled to all the rights which formerly belonged to the King by his prerogative. [Lansing v. Smith, 4 Wend. 9 (N.Y.) (1829), 21 Am.Dec. 89 10C Const. Law Sec. 298; 18 C Em.Dom. Sec. 3, 228; 37 C Nav.Wat. Sec. 219; Nuls Sec. 167; 48 C Wharves Sec. 3, 7.]
“There is no such thing as a power of inherent sovereignty in the government of the United States …. In this country sovereignty resides in the people, and Congress can exercise NO power which they have not, by their Constitution [contract] entrusted to it: All else is withheld.” — Julliard v. Greenman, 110 U.S. 421.
The Federal Government:
The Constitution created not a “national” or “central” government. Instead, it created a “federal” government – a word that was carefully chosen by the Founders. The word “federal” means “by agreement” or contract. In this case, the states agreed to create a SERVANT called the U.S. government. And the CREATOR is always greater in authority than that which he created (the SERVANT). And since the people created the states, the people similarly are superior in authority to BOTH the states AND the U.S. governments.
What is the Federal Government:
If one carefully reads the Constitution, Federalist Papers and Anti-Federalist Papers, one will discover that the Constitution is a legal TRUST created by the various states. The states are the Trustors or Grantors. The Trustee is called the “United States of America”; and must act for the benefit of the Beneficiaries, who are the PEOPLE (“ourselves and our posterity”). Just as for ANY contractual Trust, if the Trustee (U.S. government) fails to fulfill or exceeds the conditions placed on it by the Trust (the Constitution), then the Trustor and/or the Beneficiary can sue the Trustee for “breach of fiduciary duty”; fire the Trustee (the U.S. government) and hire a NEW Trustee.; or take whatever other action they feel necessary to maintain the integrity of the Trust to keep the Trustee (government) from exceeding its authority. The 18 powers explicitly granted to the U.S. government (as the Trustee) are listed in Article I, Section 8. The 8 powers explicitly forbidden to the U.S. government are listed in Article I, Section 9; although those powers forbidden to the U.S. government were greatly expanded immediately in the first 10 Amendments (the “Bill of Rights”), especially the 9th and 10th amendments, which in effect state that ANY and ALL individual rights not specified in the first 8 amendments are retained by the people and the states.
Note that the people themselves NEVER voted for the Trust contract called the Constitution. The various states (as the Trustors) legally set up this Trust (a type of CONTRACT) among themselves by their various ratifications of the Constitution.
The People are the “Boss:
In short, the Trustee (the U.S. government) is NOT the boss of the Trust. The U.S. government (as the “Trustee”) is the SERVANT of the People (the “beneficiaries” of the Trust) and the various states. The Trustee MUST, by international commercial law, follow the rules and instructions as defined and strictly enumerated in the Trust (Constitution). The Trustee (U.S. government) can act solely to carry out the terms and duties strictly enumerated and defined in the Trust contract for the Beneficiaries (the people). Thus government employees are called “civil servants“!
The Trustee is a creation and employee of the Trustors; and therefore that Trustee (government) MUST comply with the terms of the Trust contract (Constitution). Indeed, in the Constitution Article I, Section 8, Items 14 and 17 specifically state that Congress may make laws and rules SOLELY for the inhabitants of Washington, DC, along with federal officers, employees and agents working within the states in federal forts, post offices, etc. (now called “Federal Zones”). Of note, NO federal statute [legislated act] applied to any man within a state who was not a federal agent, employee or officer within these “Federal Zones”.
That the states are superior to the U.S. government is why changes to the Trust contract (Constitution) can be made ONLY by the states (Trustors) through the “amendment process”, by which three-fourths of the Trustors must agree to change the Trust (by ratification of any proposed amendment to the Constitution).
As noted above, the word “federal” means “by agreement” or contract – in this case, the states agreed to create a SERVANT called the U.S. government. And the CREATOR is always greater in authority than that which he created (the SERVANT). And since the people created the states, the people, as the individual sovereigns in America, are superior in authority to BOTH the states AND the U.S. governments.
For God’s sake, educate yourselves. Only then will you regain your freedom and sovereignty !
“All men are created equally free and independent, and have certain inherent rights, of which they CANNOT, by any compact [contract or agreement], deprive or divest their posterity; among which are the enjoyment of life and liberty, with the means of acquiring and possessing property, and pursuing the obtaining of happiness and safety.” George Mason, (1725-1792) co-author with James Madison of U.S. Constitution and Bill of Rights
“The strongest reason for the people to retain the right to bear arms is, as a last resort, to protect themselves against tyranny in government.” Thomas Jefferson
“A free people ought not only to be armed and disciplined, but they should have sufficient arms and ammunition to maintain a status of independence from any who might attempt to abuse them, which would include their own government.” — George Washington
“The fundamental principle of our Government is this: No matter how worthwhile an end may be, if there is no constitutional authority to pursue it, then the federal government MUST refrain from all action, and leave the matter to the states or private parties. The president and Congress can proceed only from constitutional authority, not from good intentions alone. If the Congress think it necessary to expand its powers, it MUST do so SOLELY through the amendment process. Too often have the Congress disregarded the limits set by the Constitution, our first defense against excesses of power and a tyrannical federal government.” Thomas Jefferson
“It has been thought a considerable advance towards establishing the principles of Freedom, to say, that government is a compact between those who govern and those that are governed: but this cannot be true, because it is putting the effect before the cause; for as man must have existed before governments existed, there necessarily was a time when governments did not exist, and consequently there could originally exist no governors to form such a compact with. The fact therefore must be, that the individuals themselves, each in his own personal and sovereign right, entered into a compact [contract] with each other to produce a government: and this is the only mode in which governments have a right to arise, and the only principle on which they have a right to exist.” Thomas Paine, Source: “The American Crisis”, 12/19/1776 by Thomas Paine (1737 – 1809), American Patriot and Pamphleteer before/during/after “American Revolutionary War”
“Congress shall never disarm any citizen unless such as are or have been in actual rebellion.” James Madison (1751-1836) 4th U.S. President
Note by John-Henry Hill:
The signers of this proposed Constitution (a Trust contract among the various states, each state considered an independent country both then and today) were the official delegates from each state within the “Articles of Confederation”; and signed it merely as witnesses, as the document explicitly states in its last sentence. Only after three-fourths of the states ratified this Trust contract would it take effect – and ONLY for those states that ratified it. Under International Commercial Law the Constitution is a Trust CONTRACT among the various ratifying states. It is NOT a contract between the People and the states; or between the states and the new U.S. government (since the U.S. government did NOT even exist until the Trust contract was ratified by the states! (How can one create a contract with someone or some entity that does NOT yet exist? It is impossible!!!)
Under International Commercial Law this Trust contract (called the “Constitution for the United States”) had the states as the Trustors (the creators of the Trust); thus it was the states that were required to ratify (sign) the contract; the People as the Beneficiaries (“to ourselves and our Posterity”), and the new U.S. government as the Trustee – the “employee” or “servant” of the states and the People to act solely as the administrator of the Trust.