Comment: It is a contract but...

(See in situ)


It is a contract but...

It does not apply to us. It applies to those who take office. As an example, the first several presidents did not want the office until Andrew Jackson. They were elected and asked to take the position, George Washington would had been elected again had he not said I have had enough let me go home to my farm.

The reason John Quincy Adams got the election over Andrew Jackson was because he did not want the position as much as Andrew Jackson. Many felt if you want the position of power so much you must have some ulterior motives.

Thomas Jefferson although he did want the position had to put a facade forth that he did not want it, in order to get the election. He had ulterior motives and it was against the Alien and Sedition Act.

Some examples of judicial decisions to illustrate the relationship the people have with their government.

"...at the revolution the Sovereignty devolved on the people; and they are truly the sovereigns of the country, but they are sovereigns without subjects ......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, 2 Dall. 440, at pg 471

"The people or sovereign are not bound by general word in statutes, restrictive of prerogative right, title or interest, unless expressly named. Acts of limitation do not bind the King or the people. The people have been ceded all the rights of the King, the former sovereign,.....It is a maxim of the common law, that when an act is made for the common good and to prevent injury, the King shall be bound, though not named, but when a statute is general and prerogative right would be divested or taken from the King (or the people) he shall not be bound." People v Herkimer, 4 Cowen (NY) 345, 348 (1825)

"People of a state are entitled to all rights, which formerly belong to the King by his prerogative." Lansing v Smith, (1829) 4 Wendell 9,20 (NY)

"Sovereignty itself is, of course, not subject to law, for it is the author and source of law; ….." Yick Wo v Hopkins, 118 US 356, at pg 370

"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

"The very meaning of 'sovereignty' is that the decree of the sovereign makes law." American Banana Co. v. United Fruit Co., 29 S.Ct. 511, 513, 213 U.S. 347, 53 L.Ed. 826, 19 Ann.Cas. 1047