The Great Constitutional "Hand-Off": Popular Sovereignty vs. The Administrative State
Most Americans are taught that the government grants us our rights. But if you look at the "Black Letter" law and the original intent of the Founders, the truth is exactly the opposite: The People are the source of all power, and the government is merely a tenant on our land.
In this post, we’re going to pull back the curtain on how "police power," administrative codes, and the legal profession have created a system that often operates outside the boundaries of the Constitution.
1. Sovereignty: "We the People" are the Boss
The Preamble of the United States Constitution begins with three of the most powerful words in history: "We the People." This isn’t just poetic language; it is a legal declaration of Popular Sovereignty.
The Power Source: The People govern the government. The government does not govern the People.
The Tenth Amendment: Often misunderstood as a "grant" of power to the states, the Tenth Amendment is actually a reservation. It confirms that any power not specifically given to the Federal government stays with the States, or, more importantly, with the People.
2. The Rise of "Police Power" and Administrative Law
If the People have the power, how did we end up with thousands of pages of traffic codes and regulations? This comes down to the concept of "Police Power."
In your typical Administrative Law class, you’ll learn that states have the authority to protect "public health, safety, and welfare." However, there is a catch:
Original Intent: This power was meant to regulate business and public conduct to prevent harm to others.
The Modern Reality: Today, this power has morphed into an "Administrative State." Instead of common law (justice between people), we now deal with statutes, codes, and ordinances. These are often "quasi-judicial" systems designed to generate revenue rather than provide constitutional remedy.
3. The "Bar" Between the People and Justice
Have you ever noticed that attorneys don't have a "license" in the same way a doctor does? Instead, they have a Bar Card and an Admission to Practice.
The Bar Association: As noted in many constitutional studies, the American Bar Association (ABA) is a private organization, not a branch of government.
The Statutory Lawyer: Most modern lawyers are "statutory lawyers." While they take an oath to the Constitution, they often operate under the rules of the "Bar," which can act as a foreign entity (similar to those registered under FARA) that prioritizes administrative efficiency over individual rights.
4. The "Missing Signature" and the De Facto Officer
A government official's authority is only as good as their Oath of Office. In states like New Jersey, an officer is required to "subscribe" to their oath
To Subscribe means to Sign: A typed name is not enough. To be a "De Jure" (lawful) officer, there must be a wet signature, a physical "contract" between the officer and the People.
The De Facto Risk: If an officer, like a Sergeant of Police, fails to sign his oath, he may be acting as a De Facto officer
. He has the uniform and the badge, but he lacks the completed legal paperwork required to exercise authority over the People .
Summary: Reclaiming the Narrative
As Abraham Lincoln famously said in the Gettysburg Address, this is a government "of the people, by the people, for the people." When we see traffic courts acting as business transactions or officials failing to properly subscribe to their oaths, we are seeing a shift toward a "quasi-government" that treats citizens as subjects. By returning to the "Black Letter" study of our Constitution and understanding the etymology of legal terms, we can begin to see the system for what it is, and remind the government who actually holds the power.
Remember: You can fool some of the people all of the time, but you cannot fool all of the people all of the time. It’s time to stop being fooled by administrative "guile" and get back to Constitutional Law.
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