chcafe

Congress Hall Cafe

Notes on Article VIII

Article VIII Section 1 “Since the people are only happy when living under laws they have consented to, and indispensable to their pursuit of happiness is to love God with all heart, soul, and strength, we do ordain and establish the Sabbath, the seventh day, as a day of holy assemblies. Therefore, all inhabitants of this Union shall make this day free of all labor and recreation, except for necessity and mercy, and they shall devote themselves to the deliberation, inculcation, and review of all laws, statutes and ordinances both human and divine, and on this day they shall inquire, investigate and review the actions, integrity, motivations, and character of their public servants against the character and motives of Christ, and the freeman shall elect those worthy of public office and remove those unworthy, and since suffrage is a civil action that delegates sovereign power, every vote by every freeman shall be published with the reasons and supporting principles as a matter of public record.”

Thomas Gordon:”What is the Public, but the collective Body of private Men, as every private Man is a Member of the Public? And as the Whole ought to be concerned for the Preservation of every private Individual, it is the Duty of every Individual to be concerned for the Whole, in which himself is included.”

Samuel Adams “How little do those persons attend to the rights of the constitution, if they know anything about them…” f.cons.

Aristotle “But if the  citizens of a state are to judge and to distribute offices according to  merit, then they must know each other’s characters; where they do not possess  this knowledge, both the election to offices and the decision of lawsuits  will go wrong.” b7.iv

Notes: 

Keeping the Sabbath is the 4th commandment. This commandment is not a holiday, but a day for holy assemblies. Holy assemblies are public assemblies for doing the work of public business by the people for the people. On this day the people are to review the law of the land and the magistrates who execute them. It is a day of election and citizenship training day. The Sabbath day God gave to His people so that they may be vigilant over the use of public authority and to direct that authority in order to improve their communities. The American people need the Sabbath; it is their seat of their authority; it is the fourth branch of government, and to neglect of the Sabbath, the cornerstone of free republic, is the cause of the abuse and misuse of civil power by unaccountable public agents. The Sabbath is so essential to the right use of the police and military powers of the state that God has instituted the death penalty for its violation. This is perfectly sensible when we consider it is the misuse of civil power by an unaccountable public agents that has led to the great atrocities within the human community.  jb

 

Note: Every time the Court makes an opinion based on the US Constitution, it is a constitutional convention, a change in the Constitution. The Constitution is but a skeleton which is being filled in with CODE by the legislature, Court, and executive. The primary check on government is the People. There needs to be a system in place where the People are able and required to ensure that their will is being interpreted and enforced by the three bodies of government (state and federal). I support a weekly public assembly by the people, for the people in order to review current and future laws in order to give assent to those laws and for the election of public agents. jb

 

Article VIII Section 1 Incorporates the Sabbath into the US Constitution, the cornerstone of eternal vigilance over civil authority. The Sabbath is the America’s Court of last resort. It is the Voice of the People.

Exodus 31.15 “Six days shall work be done, but on the seventh day is a Sabbath of solemn rest, holy to Yahweh. Whoever does any work on the Sabbath day shall surely be put to death.”

Montesquieu;”Libanius says that at “Athens a stranger who intermeddled in the assemblies of the people was punished with death.” This is because such a man usurped the rights of sovereignty.”

Rev. Rutherford in Lex Rex says there is a court of necessity as well as a court justice. It is in the court of necessity that fundamental law speaks and here the people are to determine if a king is a king or tyrant. 117

Henry I law 6,2a says that the formidable authority of the royal majesty which we stress as worthy of attention for its continual and beneficial pre-eminence over the laws.”

Federal Farmer 1788  “It is in the nature of all delegated power, that the constituents should retain the right to judge concerning the conduct of their representatives; they must exercise the power, and their decision itself, their approving or disapproving that conduct implies a right, a power to continue in office, or remove from it.” fconst

Federal Farmer 1788 “I repeat it, it is interested combinations and factions we are particularly to guard against in the federal government, and all the rational means that can be put into the hands of the people to prevent them, ought to be provided and furnished for them.” fconst

Grotius ” The fourth commandment presents us with an account of the creation of the world, to commemorate which God appointed the Sabbath, commanding it to be observed with a degree of reverence above every other sacred institution.” 195

Article I Section 1 “…and since suffrage is a civil action that delegates sovereign power, every vote by every freeman shall be published with the reasons and supporting principles as a matter of public record.”

Montesquieu: “The law which determines the manner of giving suffrage is likewise fundamental in a democracy. It is a question of some importance whether the suffrages ought to be public or secret. Cicero observes that the laws which rendered them secret towards the close of the republic were the cause of its decline.” f/const

Article VIII Section 2 For the protection of life, liberty, and property, all inhabitants and citizens from age twelve shall enter into a tithing of ten persons under the authority of a tithingman; a deputy shall have authority over five tithings, a constable over ten and a judge over a hundred.

Exodus 18:21-22 “Moreover you shall provide out of all the people able men which fear God: men of truth, hating unjust gain; and place such over them, to be rulers of thousands, rulers of hundreds, rulers of fifties, and rulers of tens. Let them judge the people at all times. It shall be that every great matter they shall bring to you, but every small matter they shall judge themselves.”

QUOTES BY THOMAS JEFFERSON:

“These wards once established, will be found convenient and salutary aids in the administration of government, of which they will constitute the organic elements, and the first integral members in the composition of the military.” –Thomas Jefferson: Note to Elementary School Act, 1817. ME 17:419

“These wards, called townships in New England, are the vital principle of their governments and have proved themselves the wisest invention ever devised by the wit of man for the perfect exercise of self-government and for its preservation.” –Thomas Jefferson to Samuel Kercheval, 1816. ME 15:38

“The elementary republics of the wards, the county republics, the State republics, and the Republic of the Union, would form a gradation of authorities, standing each on the basis of law, holding every one its delegated share of powers and constituting truly a system of fundamental balances and checks for the government. Where every man is a sharer in the direction of his ward-republic, or of some of the higher ones, and feels that he is a participator in the government of affairs, not merely at an election one day in the year, but every day; when there shall not be a man in the State who will not be a member of some one of its councils, great or small, he will let the heart be torn out of his body sooner than his power be wrested from him by a Caesar or a Bonaparte.” –Thomas Jefferson to Joseph C. Cabell, 1816. ME 14:422

“My proposition [to divide every county into wards and to establish in each a free school] had for a further object, to impart to these wards those portions of self-government for which they are best qualified, by confiding to them the care of their poor, their roads, police, elections, the nomination of jurors, administration of justice in small cases, elementary exercises of militia; in short, to have made them little republics, with a warden at the head of each, for all those concerns which, being under their eye, they would better manage than the larger republics of the county or State. A general call of ward meetings by their wardens on the same day through the State, would at any time produce the genuine sense of the people on any required point, and would enable the State to act in mass.” –Thomas Jefferson to John Adams, 1813. ME 13:400

“The article… nearest my heart is the division of counties into wards. These will be pure and elementary republics, the sum of which taken together composes the State, and will make of the whole a true democracy as to the business of the wards, which is that of nearest and daily concern. The affairs of the larger sections, of counties, of States, and of the Union, not admitting personal transactions by the people, will be delegated to agents elected by themselves; and representation will thus be substituted where personal action becomes impracticable. Yet even over these representative organs, should they become corrupt and perverted, the division into wards constituting the people, in their wards, a regularly organized power, enables them by that organization to crush, regularly and peaceably, the usurpations of their unfaithful agents, and rescues them from the dreadful necessity of doing it insurrectionally. In this way we shall be as republican as a large society can be, and secure the continuance of purity in our government by the salutary, peaceable, and regular control of the people.” –Thomas Jefferson to Samuel Kercheval, 1816. ME 15:70

“Divide the counties into wards of such size as that every citizen can attend, when called on, and act in person. Ascribe to them the government of their wards in all things relating to themselves exclusively. A justice chosen by themselves, in each a constable, a military company, a patrol, a school, the care of their own poor, their own portion of the public roads, the choice of one or more jurors to serve in some court, and the delivery within their own wards of their own votes for all elective officers of higher sphere, will relieve the county administration of nearly all its business, will have it better done, and by making every citizen an acting member of the government, and in the offices nearest and most interesting to him, will attach him by his strongest feelings to the independence of his country and its republican Constitution.” –Thomas Jefferson to Samuel Kercheval, 1816. ME 15:37

“Each ward would thus be a small republic within itself, and every man in the State would thus become an acting member of the common government, transacting in person a great portion of its rights and duties, subordinate indeed, yet important, and entirely within his competence. The wit of man cannot devise a more solid basis for a free, durable and well-administered republic.” –Thomas Jefferson to John Cartwright, 1824. ME 16:46

“These little republics would be the main strength of the great one. We owe to them the vigor given to our revolution in its commencement in the Eastern States.” –Thomas Jefferson to John Tyler, 1810. ME 12:394

“If it is believed that… elementary schools will be better managed by the governor and council, the commissioners of the literary fund or any other general authority of the government than by the parents within each ward, it is a belief against all experience. Try the principle one step further, and… commit to the governor and council the management of all our farms, our mills and merchants’ stores. No, my friend, the way to have good and safe government is not to trust it all to one, but to divide it among the many, distributing to every one exactly the functions he is competent to.” –Thomas Jefferson to Joseph C. Cabell, 1816. ME 14:420

“I have long contemplated a division of [our own state of Virginia] into hundreds or wards, as the most fundamental measure securing good government, and for instilling the principles and exercise of self-government into every fibre of every member of our commonwealth.” –Thomas Jefferson to Joseph C. Cabell, 1814. ME 14:70

“There are two subjects, indeed, which I shall claim a right to further as long as I breathe: the public education, and the sub-division of counties into wards. I consider the continuance of republican government as absolutely hanging on these two hooks.” –Thomas Jefferson to Joseph C. Cabell, 1814. ME 14:84

“As Cato, then concluded every speech with the words, ‘Cathago delenda est,’ so do I every opinion with the injunction, ‘divide the counties into wards.'” –Thomas Jefferson to Joseph C. Cabell, 1816. ME 14:423
The Old Deluder Act (1647)

From Records of the Governor and Company of the Massachusetts Bay in New England (1853), II: 203

“It being one chief project of that old deluder, Satan, to keep men from the knowledge of the Scriptures, as in former times by keeping them in an unknown tongue, so in these latter times by persuading from the use of tongues, that so that at least the true sense and meaning of the original might be clouded and corrupted with false glosses of saint-seeming deceivers; and to the end that learning may not be buried in the grave of our forefathers, in church and commonwealth, the Lord assisting our endeavors.

It is therefore ordered that every township in this jurisdiction, after the Lord hath increased them to fifty households shall forthwith appoint one within their town to teach all such children as shall resort to him to write and read, whose wages shall be paid either by the parents or masters of such children, or by the inhabitants in general, by way of supply, as the major part of those that order the prudentials of the town shall appoint; provided those that send their children be not oppressed by paying much more than they can have them taught for in other towns.

And it is further ordered, that when any town shall increase to the number of one hundred families or householders, they shall set up a grammar school, the master thereof being able to instruct youth so far as they may be fitted for the university, provided that if any town neglect the performance hereof above one year that every such town shall pay 5 pounds to the next school till they shall perform this order.”

Henry I laws “Every lord may summon his man so that he may impose his justice on him in his court.” 173

Henry I Laws: It is fitting that persons observe true justice and exercise mercy to evil-doers in a way to leave unpunished an outlaw or thief…where the miscreant is more than twelve years old…189

 

 Aristotle “…since all cities which have a reputation for good government have a limit of population. We may argue on grounds of reason, and the same result will follow. For law is order, and good law is good order; but a very great multitude cannot be orderly: to introduce order into the unlimited is the work of a divine power- of such a power as holds together the universe.” b7.iv.pol

Henry I law 8,1 says that all freemen shall assemble twice a year in their hundred to determine, among other things, whether the tithings are complete, or what person have withdrawn or have been added, and how and for what reason. 103

Henry I law 8,1a A tenth man shall preside over the nine others of the tithing, and similarly one of the most substantial men shall preside over the whole hundred, and will be called an alderman; he shall strive with zealous care promote the laws of the God and of men. 103

The laws of Henry I says that the accused shall answer for the law in the hundred to which he resides. 149

Henry I law 8,2 It has been laid down for the common good by judicious provision that every person who wishes to be held worthy…or the rights of a freeman shall be from his twelfth year in a hundred and a tithing or frankpledge.  103

Henry I law 8,3 Every lord shall keep with him those who are subject to his jurisdiction, in such manner that if they have committed nay wrong he shall hold them to their obligations under the law or, should is prove necessary, render account for them.  103

Henry I law 6,1b says that England’s 32 shires are divided in hundreds and the hundred are divided in tithings.  97

Records of the Governor and Company of the Massachusetts Bay in New England (1853), The Old Deluder Act (1647) “It is therefore ordered that every township in this jurisdiction, after the Lord hath increased them to fifty households shall forthwith appoint one within their town to teach all such children as shall resort to him to write and read, whose wages shall be paid either by the parents or masters of such children… And it is further ordered, that when any town shall increase to the number of one hundred families or householders, they shall set up a grammar school, the master thereof being able to instruct youth…”

Job 7 7 “Is there not a warfare to man on earth?”

Note: Jethro’s temple of justice are civil polities of ten, fifty, hundred, and thousand; these polities are also conventional military unites for society is in a state of war.

Community Justice Center

Judge David Fletcher “There is a lot of support out there for the idea of community justice. Residents are telling us they want improvements to their quality of life, including the need for people t fell safer, have better support, and a better environment to live in. The center represents the most radical change to occur in the justice system for decades. While focusing on reducing crime though tackling its root causes and offering long-term support to the community, we an help all law-abiding citizens to be heard, without fear of reprisal or intimidation.”  engLS.143

Note: Untold discussions, anxieties, and contemplation is at the forefront of local police departments everywhere in an eager quest to draw close to the public and to have the public involved with them in the work of protecting their own neighborhood. Community Justice Center is highlighted as such an experiment with a community center focused on the needs of the community overseen by a single judge. This is the right direction, and close to the restoration of the Ancient Anglo-Saxon of the mandatory tithing and hundred court. Article VIII seeks to restore these holy assemblies for the work of community improvement and criminal justice.

Commission of Justice of the Peace (Judge): “…to keep and cause to be kept all…ordinances and statutes made for the good of our peace and the quiet rule of our people….and to chastise and punish all those found to be offending against the form of the aforesaid ordinances and statutes,…. and to cause to come before you all those persons who shall threaten any of our people in their person, or in burning their houses, to find sufficient security to keep the peace and to be a good behavior toward us and our people…  hiscl234

King Canute: “And we will that every free man be brought into a hundred and into a tithing…as soon as he is twelve years old…and we will that every man above 12 years make oath that he will neither be a their nor congnisant of theft.” scc 87

Rev. Samuel Rutherford:”Great society and kingdom, the end is more easily attained by many governors than by one only; for where there is but one, he cannot minister justice to all; and the farther that the children are removed from their father and tutor, they are the nearer to violence and injustice.  Justice should be at as easy a rate to the port as a drought of water.”95

Note: Not only Israel under the leadership of Moses but also the Anglo-Saxons of England were politically organized in polities of ten, hundred, and thousands, and each polity was under a judicial shepherd. Under the Anglo-Saxons, each polity had limited legislature, executive and judicial powers. “History of the Common Law” explains that in ancent England presentments were given in the hundred court under the eye of the presiding officer, the Sheriff. The jurisdiction of the hundred court was limited to minor offences with financial penalties and fines (page210.)  

HistCL. 210. “Presentments were also taken at the semiannual sitting of the local hundred court, called the sheriff’s tourn. The county sheriff or deputy presided. The tourn could punish petty offenses, typically by fine, but the trial of cased of serious crime, punishable by death and forfeiture of property, was reserved for royal justices.

History of the Common law

King Edgar: Anglo-Saxon Ordinance Cap. 5. “And let the hundred gemot (assembly) be attended as it was before fixed; and thrice in the year let a burh-gemot (Meeting of the burghers in council) be held; and twice, a shire-gemot; and let there be present the bishop of the shire and the ealdorman, and there both expound as well the law of God as the secular law.”

Pufendorf “Here then, if any thing be perpetrated by one, which had not been done, if the other had performed his Duty and exerted his Power; this Action shall not only be chargeable upon him who immediately did the Fact, but upon the other also who neglected to make use of his Authority and Power.” duty.b1.18

King Canute: Anglo-Saxon Ordinance Cap. 20. “And we will that every free man be brought into a hundred and into a tithing…. And that every one be brought into a hundred and in ‘borh’ (A Surety) and let the ‘borh’ hold and lead him to every plea….”

Thomas Jefferson: “I have indeed two great measures at hear, without which no republic can maintain itself with strength. 1. That of general education, to enable every man to judge for himself what will secure or endanger his freedom. 2. To divide every country into hundreds, of such size that all children of each will be within reach of a central school in it. But this diversion looks to many other fundamental provisions. Every hundred, besides a school, should have a justice of the peace, a constable and a captain of militia. These officers, or some others within the hundred, should be a corporation to manage all it concerns..its poor and its police by patrols…Every hundred should elect….votes of the hundred be brought together ..These little republics would be the  main strength of the great one. We owe to them the vigor given to our revolution in its commencement in the Eastern States”  m/lpg604

Mirror says that it is an abuse that anyone is allowed to be in the state or nation beyond forty days who is over the age of thirteen years, be he citizen or alien,  without  taking the oath of fealty and being pledged and put in a tithing.” 156

Work of a Tithing – Training

Proverbs 22.6 “Train up a child in the way he should go,and when he is old he will not depart from it.”

Socrates says that the youth must join in a more law-abiding play, since, if play is lawless so will be the the children likewise, and this makes it  is impossible that children will grow up to be men of serious temper and lawful spirit.” 666

Plato’s Laws “For it is a child who is best molded and takes the impression that one wishes to stamp upon it.”  pg 624

Note: Training in a Tithing begins at age twelve under a Tithingman. The first work of the executive branch, Tithingman, is prevention of crime by inculcating moral righteousness. The second work of the executive is arresting violators of the law,

An American Citizen 1787 “For the suffrages of six thousand enlightened Freemen are above all price.”

Tithing – Information Management 

Note: The Tithingman over his Tithing brings to the Tithing proposed bills and  election information. Seeking open discourse within the Tithing court, he gathers members points of view upon public concerns and sends them to their agents and representatives in government.  

Hamilton, Federalist Papers: “The executive and legislative bodies of each state will be so many sentinels over the persons employed in every department of the national administration, and as it will be in their power to adopt and pursue a regular and effectual system of intelligence, they can never be at a loss to know the behavior of those who represent their constituents in the national councils, and can readily communicate the same knowledge to the people.” 527.2

Note: Alexander Hamilton saw local State government as the source for important political information for the enlightenment of the people. This historically has failed, but we know that the Sabbath assembly of all the people working within the Shires will effectively fulfill Hamilton’s conception of information management within the important venue of politics.

Thomas Jefferson writes: “…finally, whether peace is best preserved by giving energy to the government, or information to the people. This last is the most certain, and the most legitimate engine of government. Educate and inform the whole mass of the people. Enable them to see that it is their interest to preserve peace and order, and they will preserve them….They are the only sure reliance for the preservation of our liberty. ” ml440

King Edgar:”And let the hundred gemot (assembly) be attended as it was before fixed; and thrice in the year let a burh-gemot be held; and twice, a shire-gemot; and let there be present the bishop of the shire and ealdorman, and there both expound as well the law of God as the secular law.” SCC 83

English law: By the efforts of House of Commons Select Committee on Modernisation, we find an increasing number of bills being published in draft form and circulated for comment and criticism by those who would be affect by the measure, prior to the bills introduction into parliament.   EngLS 39

Brutus “In a pure democracy the people are the sovereign, and their will is declared by themselves; for this purpose they must all come together to deliberate, and decide. This kind of government cannot cannot be exercised, therefore, over a country of any considerable extent; it must be confined to a single city, or at least limited to such bounds as that the people can conveniently assemble, be able to debate, understand the subject submitted to them, and declare their opinion concerning it.”  dc.171

Judges

England & Wales Magistrate Courts

Magistrate’s Courts:“Modern magistrates’ courts are based on a centuries-old office of magistrate, or Justice of the Peace, named so for their responsibility for guarding the sovereign’s peace…. They are chosen from local citizens of good character (not previously convicted), mature personality and sound judgement. It is not their job, they are not paid, only have expenses reimbursed.” Wikipedia

Article VIII Section 2 The highest court of the each state shall have twelve judges over twelve circuits and the Supreme Court of the United State the same.

1 Samuel7:15-16 “Samuel judged Israel all the days of his life.  He went from year to year in a circuit to Bethel, Gilgal, and Mizpah; and he judged Israel in all those places. “

Note: If a crime is committed then the judges have failed in their duty in the work of prevention by the extensive labor of inculcation through instruction, correcting and training. A judge in a court room should not be the norm but an anomaly.  A judge of ten, fifty, hundred and thousand, state and federal twelve work their circuits in the work of crime prevention.

Vattel:“(justice)…more necessary between nations, than between individuals; because injustice produces more dredful consequences in the quarrels of these powerful bodies politic, and it is more difficult to obtain redress.” 296

Note: The federal Twelve the America’s Supreme Court is a court over free and independent Republics *Declaration of 1776.  This make the Supreme Court and international court and by providence a true global court over the nations.

Article VIII Section 2

“The governor of the state and President of the United States shall vote in a divided court.”

Article VIII Section 2

“…each officer elected.”

Article VIII Section 3 Since it is the sacred duty of the people as sovereign to be enlightened and capable in law, a knowledge of the obligations and duties of our constitutions, God’s moral law, and law of the land is required for receiving the Oath of a Freeman, and it shall be a pledge to guard and defend the rights and liberties belonging to the people before an examining committee of elders, and a written charter of citizenship shall be signed by all parties, and this charter shall grant citizen privileges within the Union and resident state.

Assize of Clarendon “And there is to be no one within a castle or without a castle…who may forbid the sheriffs to enter into his court or his land for seeing to the frankpledges and that all are under pledges…and in the cities and boroughs, let no one have men or received them in his house or in his land or his soc, whom he does not take in hand that he will produce before the justice if they shall be required, or else let them be under a frankpledge.” Sdocs.16

Vattel “The respect which others pay to our rights of domain and property constitutes the security of our actual possessions…” 342

“Brutus” “You may rejoice in the prospects of this vast extended continent becoming filled with freemen, who will  assert the dignity of human nature.” dc165  1787

Cicero: “The motives for failure to prevent injury and so for slighting duty are likely to be various: people either are reluctant to incur enmity or trouble or expense; or through indifference, indolence, or incompetence, or through some preoccupation or self- interest they are so absorbed that they suffer those to be neglected whom it is their duty to protect. And so there is reason to fear that what Plato declares of the philosophers may be inadequate, when he says that they are just because they are busied with the pursuit of truth and because they despise and count as naught that which most men eagerly seek and for which they are prone to do battle against each other to the death. For they secure one sort of justice, to be sure, in that they do no positive wrong to anyone, but they fall into the opposite injustice; for hampered by their pursuit of learning they leave to their fate those whom they ought to defend. And so, Plato thinks, they will not even assume their civic duties except under compulsion. But in fact it were better that they should assume them of their own accord; for an action intrinsically right is just only on condition that it is voluntary.” 28.IX.de.off

John Locke: “Every Man being, as has been shewed, naturally free, and nothing being able to put him into subjection to any Earthly Power, but only his own Consent; it is to be considered, what shall be understood to be a sufficient Declaration of a Mans Consent, to make him subject to the Laws of any Government..” f/const119

John Locke:”But submitting to the Laws of any Country, living quietly, and enjoying Priviledges and Protection under them, makes not a Man a Member of that Society…Nothing can make any Man so, but his actually entering into it by positive Engagement, and express Promise and Compact. This is that, which I think, concerning the beginning of Political Societies, and that Consent which makes any one a Member of any Commonwealth.” f/const 112…154

Aristotle : “And a citizen is one who shares in governing and being governed.” b3.13

Cicero: “But while they steer clear of the one kind of injustice, they fall into the other: they are traitors to social life, for they contribute to it none of their interest, none of their effort, none of their means.” 19.IX.deoff

Rev. Rutherford:”God in a law of nature hath given to every man the keeping and self preservation of himself and of his brother, Cain ought in his place to be the keeper of Abel his brother…” 97

Cicero: ”There are, on the other hand, two kinds of injustice — the one, on the part of those who inflict wrong, the other on the part of those who, when they can, do not shield from wrong those upon whom it is being inflicted.”deoff.vii.23

Note: Locke says no one is born under the authority of government, it comes by consent, an intentional joining to the community.  This is sensible. A social compact is a mutual agreement between persons of equal rank and only by consent can any person be subject to higher authority and in a free republic this is the majority. The individual may not sanction all that the majority does but recognizes the decision of the majority as the decision of all. The Oath of Freemen is a required oath in order to establish citizenship based a allegiance to God and His Son and His law and law of the land. Every person who is deputized as guardian of the law and classified and protector of every man’s rights may receive the Oath of Freemen. Article VIII overturns Amendment Fourteen which says,”All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.”

Note: We must look to the fundamental principle of the social compact to understand the rights of man. The social compact at its root is a mutual agreement among members (citizens) who agree to protect the life, liberty, and property of every member. Aristotle says that a citizen is someone who is entrusted with the safety of the state. If a member commits a crime against another member, he has violated his sworn civic duty in aggressively protecting the rights of his fellow citizen. He has violently broken his agreement to the social compact. Not only did he fail to protect his neighbor’s life, liberty, and property, he became the enemy of it. This violation of the most basic element of the social compact rightfully removes him from membership. Not only does he lose the rights of citizenship but he may be punished according to his offense. Additional note, voting is not a human right, but a privilege and civic responsibility. Voting is an executive function of government. In an absolute monarchy, the election of the magistrates was the duty of the king. In a popular government, this executive responsibility falls to the people under such limited conditions that ensures the election of qualified persons. This means suffrage ought to be, and is required to be, a highly protected institution. Only trained citizens who are sensible to the qualification of those contending for public office should have the right to vote. To place voting into the hands of unqualified voters is to corrupt government and to threaten the life, liberty, and property of every citizen by the corruption of government and by the sure misuse of its civil authority. This is the current problem in nations across the globe. In summery, membership in a community is not free of responsibilities. The social compact requires each citizen to protect the life, liberty,property of his neighbor. Those who break this sacred duty of the compact are no longer members but enemies. Second, suffrage is an act of government and those participating in government are required to be trained in its duties. Voting is not a human right but an act of government by the people for the people.

 

Article VIII Section 4 To ensure the good and moral administration of all government powers, the Oath of Fealty shall be required for any freeman seeking public office, for the ministry of law and education, and by judgment the work of the physician. It shall be a personal testimony that Jesus is “Lord” according to our Constitution and God is Supreme Judge of our rectitude according to the Declaration, and affirmed by a holy life. This affirmation shall be by committee of elders under the freeman’s oath who shall examine the moral convictions, good behavior, and integrity of every candidate seeking public office or any person in office by two or more complaints. The committee shall determine the eligibility of the candidate for Oath of Fealty for public office by evidence of all public and private testimonies and other reports, and its decision may be appealed.

Plato via Socrates says a proper judge of another person is the one who is able in thought to enter with understanding into the very soul and temper of another. The person who the capacity of judgment of another is the one who has lived under the same roof and has witnessed the conduct of the other in the home and in outside dealings, and has observed one’s behavior in the hazards of public life. The one who intimately knows another is the messenger to give the report. Rep. 804

 

In Henry I laws 5.28 it states that Jerome declares that an oath must have truth, justice, and impartiality or it is not an oath but perjury. 95

Archbishop: “Hear, all of you, and be it known, that no one has an antecedent right to succeed another in the kingdom, unless he shall have been unanimously elected, under the guidance of the Holy Spirit, on account of the superior merits of his character…” sdocs.34

John of Salisbury says that a judge should be held under sacred oath to the laws knowing it is illicit for him from the integrity of law. 92

Socrates says that those to be guardians of the State must be philosophers. To find such guardians requires testing. They must be exercised in many studies, in education and life, to see if they can and will endure the greatest and most difficult education and temptations or faint and flinch.  739

” I have alternately been called an Aristocrat and a Democrat. I am neither. I am a Christocrat.”  Benjamin Rush

Born Again

Jesus “Don’t marvel that I said to you, ‘You must be born anew.’ Jn.3:7

Socrates say some will come to that life in which they will be born again and have philosophical discussions.  734

Note: Jesus is speaking of being born of the Spirit or Holy Spirit which is a counselor to the soul. This Spirit is a philosophical spirit or Spirit that reveals the wisdom of God.

Committee of Ethics 

God of Israel “…and I will turn my hand on you,  thoroughly purge away your dross, and will take away all your tin I will restore your judges as at the first, and your counselors as at the beginning. Isaiah 1;25-26

Socrates says that the rulers are to be tested as gold tried in the fire, and a ruler must always issue from the test pure and intact. 738 

Jesus says in Matthew 7:16, “By their fruits you will know them. Do you gather grapes from thorns, or figs from thistles?” In the 1961 in Torcaso v. Watkins, the Supreme Court removed the religious oath, a requirement in the belief in God that was necessary in order to gain access to offices of public trust. Historically, the American colonist used the religious oath as a guard at the gate of civil government because they knew that civil authority was a great blessing or great curse depending who controlled it. Under Christian leadership, civil government and public policy had been a great blessing, but beginning with the 1960’s secularization of America, our public policies have been a great curse. I recommend that Americans stop gathering thorns and thistles and once again gather grapes and figs by restoring the oath that supports our Declaration of Independence that declares God is the Creator of our inalienable rights and Supreme Judge of rectitude – as declared in Scripture. We need God’s moral standard in society as a guide for legislation and a religious oath in order to support those laws.

Pelatiah Webster  1787 “Another mighty influence to the noblest principle of action will be the fear of God before their eyes; for while they sit in the place of God, to give law, justice, and right to the States, they must be monsters indeed if they do not regard his law, and imitate his character.” 181

Sidney “It cannot be for the good of a people to be governed by one, who by nature ought to be governed, or by age or accident is rendered unable to govern himself. The public interests and the concernments of private men in their lands, goods, and liberties and lives… cannot be preserved by one who is transported by his own passions or follies, a slave to his lusts and vice, or , which is sometimes worse, governed by the vilest of men and women who flatter him in them, and push him on to do such things as even they would abhor, if they were in his place.”  464

Socrates says society must guard by every means in their power against public servants  preying upon its citizenry because they are the stronger, prevent public officers from converting themselves from benign assistants into savage masters. 660

Article VIII Section 4  the Oath of Fealty shall be required for any freeman seeking public office, for the ministry of … education…”

Socrates says that  guardians must build their guardhouse and post a watch over public education. 666

Socrates says the direction of education determines the quality of what follows and the final outcome is one complete and vigorous product of good or the reverse.  667

Anglo Saxon:Thus shall a man swear fealty oaths. By the Lord before whom this relic is holy, I will be to A. faithful and true, and love all that he loves, and shun all that he shuns, according to God’s law, and according to the world’s principles; and never, by will nor by force, by word nor by work, do aught of what is loathful (sic) to him; on condition that he me keep as I am willing to deserve, and all that fulfill that our agreement was, when I to him submitted and chose his will.”

Note: Passing on the superstition of the relic which more sensibly has been replaced by putting one’s hand upon the Bible or upon a passage of the Bible, the oath of Fealty as applied to Lord God of Israel and His Son who was given the name Lord is required. Those who do not believe in the law cannot uphold the law and those who’s convictions are align with the law will naturally uphold the law. This truth is made sensible to open minds by the American experience as we witness those who hate God’s law and love their own opinion seek through public office to overthrow all righteousness.

Revelations 19:11 “I saw the heaven opened, and behold, a white horse, and he who sat on it is called Faithful and True. In righteousness he judges and makes war.” Note: Fealty means faithful and true.

Grotius: “…in all well regulated communities, it has been usual to select for the tribunals of justice those, who were deemed worthy of such honor, or lidely to become so, from their integrity and wisdom.” 177

Sidney “…that all nations who have acted freely, have some way or other endeavored to supply the defects, or restrain the vices of their supreme magistrate; and those among them deserve the most praise, who by appointing means adequate to so great a work, have taken care that it might be easily and safely accomplished. Such nations have always flourished in virtue, power, glory and happiness, whilst those who wanted their wisdom, have suffered all manner of calamities by the weakness and injustice of their princes, or have had their hands perpetually in blood to preserve themselves from their fury.” 301.2

Thomas Gordon: “What is Government, but a Trust committed by All, or the Most, to One, or a Few, who are to attend upon the Affairs of All, that every one may, with the more Security, attend upon his own? A great and honorable Trust; but too seldom honorably executed; those who possess it having it often more at Heart to increase their Power, than to make it useful; and to be terrible, rather than beneficent. It is therefore a Trust, which ought to be bounded with many and strong Restraints, because Power renders Men wanton, insolent to others, and fond of themselves. Every Violation therefore of this Trust, where such Violation is considerable, ought to meet with proportionate Punishment; and the smallest Violation of it ought to meet with some, because Indulgence to the least Faults of Magistrates may be Cruelty to a whole People.

Socrates writes that guardians should be chosen by observation who have displayed consistent inclinations to the best interest of the state.  At every period of life, they demonstrate a propensity to be conservators and guardians and who will not lose conviction by sorcery which deception that cast a spell upon the mind.” 657/8

Note:

  • God calls government a beast. George Washington called it a machine. This beast or machine is the most beneficial or the most deadly institution in the human community. Its great good or its great evil depends on those who has control of it. That is why the colonial and American founders of America put on their state and colonial charters and constitutions a religious oath requirement as a gate, a check on access to important offices of public trust. This oath gave the morally sensible access to important offices of public trust while keeping out the immorally insensible. Their wisdom is our guiding light and our hope in protecting the use of public authority. It is the moral duty for every patriotic American to restore the religious oath that mandates conviction in the justice of God and faith that Jesus is ‘our Lord.”

Note: America’s constitution begins with its birth certificate the Declaration of 1776. Its principles lay the foundation of our political union and every citizen seeking public office is required to uphold by Oath or Affirmation those principles. The first principle is that as a nation we are under the “Law of Nature and Nature’s God, that we receive our inalienable rights from the Creator and our moral standard is determined by a Supreme Judge.. No one seeking offices of public trust can deny this principles or if they do they are unqualified to serve. An oath is binds the conscience before God and man; it is the guard at the gate.

Section 4 It shall be a personal testimony that Jesus is “our Lord” according to our Constitution and God is the Supreme Judge of our rectitude according to the Declaration, affirmed by a holy life. This affirmation shall be by committee of elders under the freeman’s oath who shall examine the moral convictions, good behavior, and personal integrity of each candidate seeking public office or any person in office by two or more complaints. The committee shall determine the eligibility of the candidate for Oath of Fealty for public office by evidence of all public and private testimonies and other reports, and its decision may be appealed.

Paul “But you are a chosen race, a royal priesthood, a holy nation, a people for God’s own possession, that you may proclaim the excellence of him who called you out of darkness into his marvelous light” 1 Peter 2:9

Ecclesiasticus Chapter 7.6 “Seek not to be judge, being not able to take away iniquity; lest at any time thou fear the person of the mighty, an stumblingblock in the way of thy uprightness.”

Thomas Jefferson “May we not even say, that that form of government is the best, which provides the most effectually for a pure selection of these natural aristoi into the offices of government?” 633

Ecclesiasticus Chapter 10.2 “As the judge of the people is himself, so are his officers; and what manner of man the ruler of the city is, such are all they that dwell therein.”

Aristoi comes from Ancient Greek and means “the best”. The term was used to describe the noblemen in ancient Greece, those of a status above the common people. Aristoi were members of the aristocracy and regarded as possessing the trait of Arete; a ‘right nature’

Article VIII Section 5 Since the strength of the union depends on the strength of the family, we acknowledge marriage to be a union of one man and one woman chartered with rules for the governing powers according to Scripture and sealed by payment of the bride price. The joining of man and woman as one is marriage according to law incurring all legal responsibilities. No marriage shall be granted to those who have violated the marriage covenant to the loss of the Oath of a Freeman and Fealty.

Notes: Rev. Samuel Rutherford writes in Lex Rex that a husband could divorce his wife and be free of punishment before other men but not free from the guilt and sin before the tribunal of God. Jesus supports this in Matthew 19:4-6 when he says,“Haven’t you read that he who made them from the beginning made them male and female, and said, ‘For this cause a man shall leave his father and mother, and shall join to his wife; and the two shall become one flesh?’So that they are no more two, but one flesh. What therefore God has joined together, don’t let man tear apart.”

“In America, 24.7 million children (933 percent) lived in a biological-father-absent home in 2010. This means that one out of every three children is growing up without a father present in the home. The impact of father absenteeism is enormous.” -Father-Shift stats.

Note: The vital work of the family is the creation of good living stones that are imbued with integrity, inculcated with wisdom, engraved with virtue, perfected and sturdy. Family production is judged by the institutions that society create. If the building blocks are good then the structure will be good, but if blocks are weak in character, immoral in action, filled with vice and drained by licentiousness then the institutions they form will resemble their depravity. We judge our institutions according to their construction and by their construction we judge the head of the family, the father.  

Rev. Samuel Rutherford writes in Lex Rex that a husband could divorce his wife and be free of punishment before other men but not free from the guilt and sin before the tribunal of God. Jesus says this in Matthew 19:4-6,“Haven’t you read that he who made them from the beginning made them male and female, and said, ‘For this cause a man shall leave his father and mother, and shall join to his wife; and the two shall become one flesh? ’So that they are no more two, but one flesh. What therefore God has joined together, don’t let man tear apart.”

Note: Jesus recognizes no authority that is able to grant a divorce except by a violation of the marriage covenant (Matthew 19:7).  Only by a violation of the marriage covenant can a divorce be had. In Article VIII to the US Constitution, those who violation the marriage covenant will lose citizenship and right of a second marriage via loss of the oath of Freemen and will lose public offices by removal of the oath of Fealty. Under the marriage covenant, the family is under a judge; therefore, if a husband verbally assaults his wife,  a complaint by the wife can be filed to the family judge. If the wife refuses sensible direction by the husband, the husband can file a complaint to seek resolution by judicial arbitration – other examples can be given.

Article VIII Section 6 Since the spirit of idolatry and atheism have confounded the moral standard of right and wrong thereby creating vicious factions leading to civil perversions and tyranny by law, the God of Israel shall be our only God and His law shall reign. Therefore, we ordain the revealed law given to Moses and the law by the hand of Moses, excepting the sacrificial requirements, and of the Apostles and Christ Jesus to be the fundamental law of our common and civil law and is the law of the land. Life begins at conception and is protected.

Note: Theocracy means a government where God rules. America is a theocracy according to its social compact,the Declaration of Independence,that declares Americans receives their inalienable rights from a Creator and our moral rectitude from a Supreme Judge. America was established under the “Laws of Nature and Nature’s God.” Our National Motto is “In God We Trust.” Our Pledge of Allegiance declares we are “One nation under God” and from God we receive liberty and justice. God ruling over the passions of man is the only safe refuge against man’s potential depravity and misuse of civil authority. His law restrains the potential evil of man’s law and personal prerogatives guided by vice, passion and agendas. Let us not forget that the English common law that came to America by the colonist was based on the law of Moses and the Apostles laying the foundation of a great republic.  The history of Israel, a theocratic government was, is and will continue to be light to the world. A theocracy, a nation under God, is not to be feared but highly desired, but what is to be feared is the misuse of civil authority by those that abandon the legal restraints of God’s law and use civil authority to protect their corruptions and enforce their agendas. Those who blame the atrocities of Queen Mary of England on theocracy misunderstand the problem. It was Queen Mary’s violation of biblical law and principles that led to her atrocities against Protestants in the same way the atrocity of abortion is a violation of God’s law by a Secular Supreme Court. True theocracy or a “nation under God” is a nation that puts the proper and needed restraints of God’s law upon the use of civil authority. It places would be tyrants and impassioned zealots under the metes and bounds of a higher law with sensible limits, and without this divine restraint, history proves the people suffer under the misuse and abuse of civil authority like that of Spanish Inquisition, the Salem witch trials, Hitlers burning of the Jews, the many crimes of Mao and Stalin and all the other tyrants of history who effectively used civil authority to the destruction of their own people. Article VIII to the US Constitution placed divine restraint upon the use of civil authority.

Henry I Laws “There shall be present at the county court the bishops, earls, and other persons of high rank who shall pronounce upon the laws of God and secular matters with just deliberation.”135

Plain Truth” 1787  “Is there a government on earth, where the life, liberty and property of a citizen, may not be forfeited by a violation of the laws of God and man? It is only when justified by such crimes, that the new government has such power….”  dc106.1  *Publication in support of the new US Constitution

Pufendorf “Because all Human Actions depending upon the Will, have their Estimate according to the concurrence thereof; but the Will of every Person not only differs in many respects from that of all others, but also alters and changes itself, becoming different in the same Person at one time from what it was before at another; therefore to preserve Decency and Order among Mankind, it was necessary there should be some Rule, by which they should be regulated. For otherwise, if, where there is so great a Liberty of the Will, and such Variety of Inclinations and Desires, any Man might do whatsoever he had a mind to, without any regard to some stated Rule, it could not but give occasion to vast Confusions among Mankind.” Duty.chap2

Rutherford “It must follow that there can be no necessity of written laws to the subjects, against Scripture and natural reason, and the law of nations in which all accord.” 138

Sidney: “This was the law of God, not to be abrogated by man; a law of liberty directly opposite to the necessity of submitting to the will of a man.” 335

Sidney: “…that all magistratical power being the ordinance of man in pursuance of the ordinance of God, receives its being and measure from the lgislative power of every nation.” 386

Locke “I will not dispute now, whether princes are exempt from the law of their country: But I am sure, they own subject to the law of God and nature. Nobody, no power, can exempt them from the obligations of eternal law.” 186

Sidney: “For a municipal sanction were of little force to confirm a perpetual and universal law given by God to mankind, and of no value against it, since man cannot abrogate what God has instituted, nor one nation free itself from a law that is given to all.” 366

Epictetus: “Do this, do not do that, else will I cast thee into prison; this is not governing men like reasonable creatures. Say rather, As God hath ordained, so do; else thou wilt suffer chastisement and loss…” 150 (sic)

Fountain of Sovereignty Jesus said in Matthew 12:43-45, “When an unclean spirit has gone out of a man, he passes through waterless places, seeking rest, and doesn’t find it. Then he says, ‘I will return into my house from which I came out,’ and when he has come back, he finds it empty, swept, and put in order. Then he goes, and takes with himself seven other spirits more evil than he is, and they enter in and dwell there. The last state of that man becomes worse than the first. Even so will it be also to this evil generation.” Jesus is describing a political and cultural problem, a nation heading toward destruction. When the foundation of the nation, the people, become corrupt their corruption flows into every other public and private edifice including civil government, so when the righteous attempt to remove one evil spirit seven more evil spirits appear to make matters worse. Rome suffered this problem when they assassinated the usurper Caesar only to find Augustus taking his place, and after Augustus came Tiberius, and after Tiberius came Claudius and so on. The problem in America is the American people. They have failed in keeping the fountain of sovereign power, the people, purified by good laws and good magistrates. The American people have allowed themselves to become an impure fountain filled with drug addicts, thieves, murderers, prostitutes, adulterers, sexual offenders, alcoholics and the like. What good can come our of such a corrupt fountain? Only factious political mobs seeking personal advantages by the use of tyranny. The moral decline of America like Rome before is a certain collapse into a military dictatorship unless Americans restore the purity of the fountain by laws that purify the fountain. Sidney called the laws of God as revealed on Mt. Sinai the law of liberty. Why? Because is purifies the fountain of sovereign, the people.

Article VIII Section 6 Imprisonment as punishment shall not be endured nor sanctioned. No more than forty lashes shall be inflicted for felony crimes with a loss of oath. The punishment for incorrigible felonious behavior is death, and murder shall receive no mercy.

[Investigators’ original draft of a report…of warden and the deputy warden for failing to include hundreds of prison fights in statistical reports on prison violence….]

 

Bureau of Justice Statistics Website

High Recidivism

“Of the 272,111 persons released from prisons in 15 states in 1994, an estimated 67.5% were rearrested for a felony or serious misdemeanor within 3 years, 46.9% were reconvicted, and 25.4% resentenced to prison for a new crime.”

High Rate of Sexual Assault in Prisons

“In 2011-12, an estimated 4.0% of state and federal prison inmates and 3.2% of jail inmates reported experiencing one or more incidents of sexual victimization by another inmate or facility staff in the past 12 months or since admission to the facility, if less than 12 months.”

 

In 2013, the agency’s National Survey of Youth in Custody found that 9.5 percent of those in juvenile confinement reported being sexually victimized. In state prisons, 6,660 allegations of sexual victimization were reported in 2011, and it’s believed many—if not the majority—go unreported.

 

 The California Institution for Women in Corona was one of two state prisons where female inmates were sterilized without required state approvals. At least 148 women received tubal ligations in violation of prison rules from 2006 to 2010.

Credit: Courtesy of the California Department of Corrections and Rehabilitation

 

Note: The law reveal to Mose does not establish a prison system. The 100 billion annual cost of America’s criminal justice with its prison system network is a failure with its high recidivism rates demonstrating a lack of correction and repentance, high rate of inmate to inmate crime, and the growing problem of employee to inmate crime.  Article VIII  ends America’s prison system and restores God’s sensible plan of rulers or guardians over 10,50,100,1000, the return of the Hue and Cry with citizens who are trained in policing and restoration of true punishment and correction – the rod for those under 20, the whip for felonious crimes above twenty years of age and capital punishment for specific crimes and for professional criminals. Additionally, the initial use of prison was hard labor in replacement for scourging. This experiment has led to serious and abusive if not criminal consequences by the State. Prisons today are used all to liberally against citizens for causes that are not felonious, for example, failing to have car insurance or theft above a  specific amount (which according to the law of Moses required only financial restitution)  – unless the accused is incorrigible. Also, unsafe prisons have made inmates victims of rape and murder. The law of Moses mandates scourging up to but no more than forty stripes See Dt. 25:3. Jesus expressing a principle of the Kingdom of God supports this requirement when he says in Luke 12:47-48  “That servant, who knew his lord’s will, and didn’t prepare, nor do what he wanted, will be beaten with many stripes,  but he who didn’t know, and did things worthy of stripes, will be beaten with few stripes.”

Southern Baptist Convention Resolution:

WHEREAS, Prison populations in the United States have risen from approximately 100 prisoners per 100,000 in 1974 to a current number of about 750 per 100,000, resulting in an unprecedented percentage of adults behind bars; and

WHEREAS, The cost of incarceration, averaging more than $30,000 per inmate per year, absorbs a significant percentage of governmental budgets at the federal, state, and local levels; and

WHEREAS, The number of elderly inmates, whose healthcare costs are a growing part of the overall cost of incarceration, has increased dramatically due to longer sentences; and

Article VIII Section 7 All enacted laws shall be stamped with the Seal of  יְהוָה  and any law repugnant to the holy common law shall be unconstitutional. No one shall misuse the Seal of  יְהוָה  without penalty.

Exodus 20:7 “You shall not take the name of Lord your God in vain, for the Lord will not hold him guiltless who takes his name in vain.

Psalms 212.7 “Yahweh will keep you from all evil. He will keep your soul.”

2 Chronicles 19:6: ” and said to the judges, “Consider what you do, for you don’t judge for man, but for Lord; and he is with you in the judgment.”

2 Chron.19:6-7 “Consider what you do, for you don’t judge for man, but for the Lord; and he is with you in the judgment. Now therefore let the fear of Lord be on you. Take heed and do it; for there is no iniquity with Lord our God, nor respect of persons, nor taking of bribes.”

Rev Samuel Rutherford: “Then, they (judges) were deputies in the place of the Lord……if the Lord himself were on the bench, he would not respect persons, nor take gifts…that inferior judges are in the stead and place of Jehovah…”

Holt writes that principle of judicial procedure its pervasiveness to the general assumption in feudal societies that a lord was bound to do justice to his men and that vassal were bound to attend and constitute their lord’s court. 77 

Section 8 So God may dwell among us, the land granted to the Jewish people by the God of Israel shall be recognized, and they shall build the House of God. The festivals of the Lord shall be required in our union of family states as a lasting memorial. The State and Federal Twelve shall gather in Jerusalem at Tabernacles for training in constitutional principles and law, unless circumstances prohibit.

Exodus 2:24 “God heard their groaning, and God remembered his covenant with Abraham, with Isaac, and with Jacob.” 

Vattel “Perpetual treaties and those made for the a determinate period, are read ones, since their duration cannot depend on the lives of the contracting parties. In the same manner, when a king declares in the treaty that it is made “for himself and his successors,” it is manifest that this is a real treaty. It attaches to the state, and is intended to last as long as the kingdom itself.”  357

Note: Vattel offers the basics in the duration of treaties; it exists as long as the kingdom exits. Israel continues in a perpetual treaty with God because the nation of Israel, in the land or out of the land, continues to exist in spite of every demonic efforts to destroy her, and if Satan had been successful in Israel’s destruction, it would have ended Israel’s covenant with God, and Jerusalem would belong to another nation. 

Section 10  To defeat oppression by taxation in our federal republic, ten percent of earned income shall be the only personal tax, and there shall be no tax on residential real property.

Cicero ”The administration should also put forth every effort to prevent the levying of a property tax, and to this end precautions should be taken long in advance.” B2.74

Article VIII Section 10 Because a debt of one generation cannot be given to another for this is taxation without representation, all public debt shall be forgiven in the year of Jubilee.

Notes:Thomas Jefferson wrote, “Then I say, the earth belongs to each of these generations during its course, fully and in its own right. The second generation receives it clear of the debts and incumbrances of the first, the third of the second, and so on. For if the first could charge it with a debt, then the earth would belong to the dead and not to the living generation. Then, no generation can contract debts greater than may be paid during the course of its own existence.” 489

Thomas Jefferson: “But with respect to future debts, would it not be wise and just for that nation to declare in the constitution they are forming, that neither the legislature nor the nation itself, can validly contract more debt than they may pay within their own age…” 491

Article VIII Section 11 To extend the right of a republican form of government to every inhabitant, the freemen in communities of 10,50,100,1000,city, county, state, and Union shall establish constitutions in accordance with the Unanimous Declaration and Article VIII.

Socrates ”…be the best rule and measure for our governors of the proper size of the city…? “…that they should let it grow so long as in its growth it consents to remains a unity, but no further.” 665

Aristotle: ” For if liberty and equality, as is thought by some, are chiefly to be found in democracy, they will be best attained when all persons alike share in the government to the utmost.”   4.4.4

Note: God’s Kingdom is a set of municipalities or covenanted communities of ten, fifty, hundred, and thousand persons with each community having its own police force, limited legislature, and judge.  Personal involvement in civil government by every inhabitant and citizen evokes the necessary jealousy in order to maintain long lasting vigilance over the laws of the land and the magistrates who execute them.

Article VIII Section 11 The freemen in convention shall amend or repair their state and federal constitutions in the year of Jubilee, and in other times provided.

Oliver Ellsworth 1787 “When your children see the candor and greatness of mind, with which you lay the foundation, they will be inspired with equity to finish and adorn the suprestructure.” 244

Timothy Pickering 1787 “…that as all power resides originally in the people, they have a right to make such distribution of it as they judge their true interests require.”

Sidney “…such is the imperfection of all human constitutions, that they are subject to perpetual fluctuation, which never permits them to continue long in the same condition.”  460

Justice Miller: “…for in it is found the occasion and the necessity for recurring again to the great source of power in this country, the people of the States, for additional guarantees of human rights, additional powers to the Federal government; additional restraints upon those of the States.” Slaughter House Cases

Thomas Jefferson wrote, “For, though we may say with confidence, that the worse of the American constitutions is better than the best which ever existed before, in any other country, and that they are wonderfully perfect for a first essay, yet every human essay must have defeats. It will remain, therefore, to those now coming on the stage of public affairs, to perfect what has been so well begun by those going off it.”Tjm/l424.3.

Thomas Jefferson wrote on constitutional conventions by the people, “…send together deputies again. Let them establish your fundamental rights by a sacrosanct declaration, and let them pass the parts of the Constitution you have approved. These will give powers to your federal government sufficient for your happiness.” tjm/l439

Thomas Jefferson: “I sincerely rejoice at the acceptance of our new constitution by nine States. It is a good canvas, on which some strokes only want retouching.”

Chief Justice Marshal:”Among the enumerated powers, we do not find that of establishing a bank…But there is no phrase in the instrument which…excludes incidental or implied powers: and which requires that every thing granted shall be expressly and minutely expressed.” Marshal in McCulloch v Maryland 1819

Note:  What Justice Marshal should of said and did not say is that the American experiment in Constitutionalism falls upon this truth – that the Constitution is a work in progress, a never completed story, a daily development of defining implied powers, and this constitutional work will be done in either of two ways: either by judicial activism, congressional usurpation, and jealous executives who seek to expand unwarranted power or by the vigilant, interested, and direct oversight of the American people who are the only true guardian of their will. The weekly Sabbath is the day of oversight and the year of Jubilee is the day of restoring the will of the People.

Article VIII Section 12 Since a general authority of limited powers over nation states is the proven hope for domestic tranquility among free and independent republics, entrance into this Union shall not be denied to any established nation or state with a republican form of government and by the adoption of the Unanimous Declaration, the United States Constitution, and Article VIII in convention.

Note: Entrance into the American Union according to the wisdom of the American founding fathers is by simple majority. Article VIII Section 12 requires a 3/4 majority to exit the Union. A safeguard against factions who are apt to seize control of the system and try to move the government machinery told their political impulses.

“The Constitution of a particular State may be altered by a majority of the people of the State.” Farrand’s Records, 2:92.

“Fundamental maxim of republican government…requires that the sense of the majority should prevail.” Hamilton fed.22

 

George Washington in his Farewell Address wrote, “that your union and brotherly affection may be perpetual; that the free constitution, which is the work of your hands, may be sacredly maintained…and adoption of every nation which is yet a stranger to it.”

 

Thomas Jefferson: “…on the fiftieth anniversary of American Independence, as one of the surviving signers of an instrument pregnant with our own, and the fate of the world…” Letter to Roger C. Weightman 1826

 

Thomas Jefferson “….The last hope of human liberty in this world rest on us.” m/l613

 

Note: The vision of George Washington and the intuition of Thomas Jefferson envisioned the America’s Declaration of 1776 and the US Constitution of 1787 as the future hope for all nations. The US Constitution beginning with is founding charter, the Declaration, has secured domestic tranquility between free and independent republics since the conclusion of the the civil war. What the US Constitution has done for thirteen state and then fifty it can do for a hundred and fifty or more. The Constitution of the United States is a test document and it can be relied on for securing global tranquility by ushering all nations, of every kindred and tongue, out of the dangerous state of nature and into the tranquility of the state of civil society.

Thomas Jefferson writes, ” Convinced that the republican is the only form of government which is not eternally at open or secret war with the rights of mankind, my prayers and efforts shall be cordially distributed to the support of that we have so happily established. It is indeed an animating thought, that while we are securing the rights of ourselves and our posterity, we are pointing out the way to struggling nations nations, who wish like us to emerge from their tyrannies also. Heaven help their struggles, and lead them, as it had done us, triumphantly through them.”494m/l

Federalism

John Locke: “‘Tis often asked as a mighty Objection, Where are, or ever were, there any Men in such a State of Nature? To which it may suffice as an answer at present; That since all Princes and Rulers of Independent Governments all through the World, are in a State of Nature.” f/const.

A constitution forming a body politic moves mankind from a State of Nature to a State of  Civil Society, that is, from a position of independent jealousy, ambition, and self interest to a position of mutual interest and brotherhood.  In the State of Nature the law of nature is executed by necessity by the victim in order to secure justice but in the civil society this right of executing justice is delegated to a chosen magistrate, in the State of Nature justice suffers from the personal passions of the injured while in the State of Civil Society justice is secured by the disinterestedness of the magistrate.  Historically, the first civil charter to take mankind from the State of Nature and into a State of Civil Society is the marriage covenant. The family is the first civil society. The State of Nature is ended by the authority of the father and mother over their children, and later by God’s judgment, the husband over the wife.  The next step in the expansion of organized peace is the joining of two or more families. Lacking a mutual arbiter, two families, who are considered strangers and each having their own customs and laws, must necessarily act toward each other according to the rules of nature subservient to self interest.  However, when two or more families, once strangers, charter together to form neighborhoods, towns and cities, they sacrifice the weakness of nature by their mutual agreement to submit their differences and injuries to a chosen arbitrator or judge, and by doing this, the dangers of justice under passion is discarded for the satisfaction found in municipal law. By the hand of Providence, we see covenanted peace extending even further when cities and towns began to leagued together to form nations. These national constitutions took, all at once, numerous towns and cities out from the wilds of nature and placed them into a state of civil certainty and justice. The next great extension in domestic tranquility by civil association is a charter or compact between nations, states and republics. To move all the nations of the world out from the unpredictability of  national autonomy and into a family of states or into a state of civil society is the hope of mankind. Fortunately, Providence has supplied the means, a time test charter with a proven history of success.  The United States Constitution is a tired and tested  international compact between free and independent republics. It was designed by men who saw the need of a general tribunal in order to solve disputes between various international communities. Operating successfully between fifty American states, the US Constitution is the immediate and future hope of mankind, and relying on Providence, and the manifest destiny of America, we may expect all nations to find refuge and satisfaction as a member of the United States of America.

 Aristotle “…not only should cities have walls, but care should be taken to make them ornamental, as well as useful for warlike purposes, and adapted to resist modern inventions. For as the assailants of a city do all they can to gain an advantage, so the defenders should make use of any means of defense which have been already discovered, and should devise and invent others, for when men are well prepared no enemy even thinks of attacking them.” p7.xi

Note: Aristotle paints a picture of a typical ancient city, a city surround by walls to ward off attach from a neighboring cities. Domestic tranquility between cities required the development of local leagues; it was the state constitution that secured peace between numerous warring cities, in the same manner international peace requires a league; the US Constitution has brought peace between fifty free and independent republics, and in the future domestic tranquility across the globe.

Family of States

Mark 12.31:  “You shall love your neighbor as yourself.”

Vattel: ” A nation must not simply confine itself to the preservation of other states; it should likewise, according to its power and their want of its assistance, contribute to their perfection…It is impossible that nations should mutually discharge all these several duties if they do not love each other” 264/267

Note: The federal or covenanted Union of America is a family of free and independent republics that has cultivated a love for one another and in times of need are willingly sacrificial in their time and resources for the self preservation and perfection of their neighbors, for example, when Hawaii was attack in 1941 the Family of States joined in defeating a mutual enemy.

Note: International law and a qualified international tribunal is and will be the guiding force for global peace between nations, but the United Nations is not the answer since it is very construction is built upon erroneous and malign principles. However, there is an international construct that is able to bring international peace among all nations. This institution has been tried by events and tested for endurance and is currently at work: it is called the United States of America. The great experiment of the founding fathers of this Union was to achieve international peace and domestic tranquility between free and independent republics and this has been achieved, imperfectly but successfully. If the America Union can keep peace between fifty nation/states or free republics is can keep peace between a hundred and fifty. The hope of global peace lies with the American Union. Let us end the ill designed United Nations and replace it with the American Constitution that declares that God is the Creator of our inalienable rights and Supreme Judge of our national rectitude and that Jesus is “our Lord.”

 

Article VIII Section 12 “Any member may dissolve its membership in this Union by a two-thirds majority in a state convention…”

Declaration of 1776: “That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, –That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness.”

Note: The Declaration was signed in the Year 1776. The States were joined and united under the authority of Declaration before the Articles of Confederation or US Constitution. The Declaration as a social compact  belong to the States equal to the general government of the Union. A People of the State may alter or abolish their government if it fails or violates the purpose of government which that of securing God given rights such as  life, liberty, and property. The States according to the amendment process of the US Constitution are required to alter or abolish the Federal Union when the general government of the Union violations an inalienable right. If the Union of the Whole fails to amend the laws of the Union to conform to its written Charter, the Declaration, then an individual State may rightly and justly secede from the Union. Currently, several Supreme Courts decisions violate every man’s God given rights, for example, Roe v Wade which sanctions abortion nationwide violates God’s law, and Lawrence v Texas which restricts punishment for sodomy. The Union collectively must put down these violations of “laws of Nature and Nature’s God or individual States have the inherent authority to break ties with the federal union.

Declaration of 1776: “…and that as Free and Independent States, they have full Power to levy War, conclude Peace, contract Alliances, establish Commerce, and to do all other Acts and Things which Independent States may of right do.”

Constitution of Massachusetts 1780 Art. IV. “The people of this commonwealth have the sole and exclusive right of governing themselves as a free, sovereign, and independent State, and do, and forever hereafter shall, exercise and enjoy every power, jurisdiction, and right which is not, or may not hereafter be, by them expressly delegated to the United States of America in Congress assembled.”

Articles of Confederation: Article II. Each state retains its sovereignty, freedom, and independence, and every Power, Jurisdiction, and right, which is not by this confederation expressly delegated to the United States, in Congress assembled.

Virgina ratified The Constitution based on “the powers granted under the Constitution, being derived from the people of the United States, may be resumed by them, whensoever the same shall be perverted to their injury and oppression.” 11 aconst.

Note: A state within the Union can by convention leave the union and be restored to its complete sovereignty. But no nation can ever leave the immutable principles of the Declaration of 1776. All nations in or out of the Union are required to define inalienable rights according to the Creator and their national rectitude according to the Supreme Judge being all under the laws of nature and nature’s God.

Article VIII Section 12 “…but no nation has a right to corrupt itself according to the ethics of divine law without offending this Union.”

Vattel: “If there were a people who made open profession of trampling justice under foot, – who despised and violated the rights of others whenever they found an opportunity, – the interest of human society would authorize all the other nations to form a confederacy in order to humble and chastise the delinquents.”

Grotius: “So fare this opinion agrees with that of Innocentius and others, who maintain all war to be lawful against those who have renounced the ties and law of nature.” 192

Note: The nations including the American Union are under the immutable principles that are divinely ordained. Such principles of the most basic requirement of nationhood are defined  in America’s Declaration of 1776. These rules are that nations are under the “law of Nature and Nature’s God” which is reason supported by revelation. That all men are created and endowed with certain inalienable rights such as life, liberty, and property by their Creator. The national rectitude or moral right and wrong is defined by the Supreme Judge of the world. In the 1860s the American Union split in two contentious parts, the North and the South, over the institution of slavery. The North had ended slavery and was therefore compliant to the principles of their charter, the Declaration. The South remained in breech of it charter by its institutional of slavery. Such a notorious breach  of natural rights caused by the institution of slavery ended the right of sovereignty within the nation or state. This violation gave a right for any legitimate nation in the world to make conquest of those nation/states in violation because no legitimate sovereignty existed. By conquest the crimes of the people can be eradicated and a government under immutable principles set up.  The law of Moses allows for voluntary servitude or a  limited servitude of seven years, and this is an inferior right than the law of nature which recognized no slavery. America according to its Declaration is under the higher law of nature according to its Declaration. The law of Moses is the derogation of God’s perfect law but sets an allowable minimum standard for nations struggling to achieve the atonement.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

%d bloggers like this: