PEOPLE or CITIZEN WHICH ONE ARE YOU?

PEOPLE

The Preamble does not specifically define the word "People." Nevertheless, the definition becomes apparent in the context of the other words and prior history.

HISTORY

Before the United States existed, there was no legal government. A group of representatives, acting "in the name and by the authority of the good people of these colonies," declared the independence of the colonies from the British Crown and the state of Great Britain.
From the beginning, in the 1776 Declaration of Independence, the people were acknowledged as the source of authority, i.e. the sovereignty which authorized the Declaration of Independence.
Next came the 1778 Articles of Confederation. The states that existed by the authority of the people, created those Articles while in Congress assembled. That didn't work as well as expected.
In 1787 the people themselves came forth "to ordain and establish this Constitution for the United States of America" [see Preamble]. On September 17th, 1787, the states held a convention and all those present unanimously joined in. [see last paragraph of U.S. Constitution]
So, in 1787, unanimous concurrence was achieved and the Constitution was born, later to be ratified.

PREAMBLE

"We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquillity, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America."

STRUCTURE OF PREAMBLE

TRUSTOR: We the People [trustors]
VENUE: of the United States
PURPOSE: in Order to form a more perfect Union, establish Justice, insure domestic Tranquillity, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty
BENEFICIARY: to ourselves and our Posterity,
ENABLING ACTION 1: do ordain [declare the law]
ENABLING ACTION 2: and establish [bring into existence]
WHAT: this Constitution [articles of incorporation for trust]
TRUSTEE: for the United States of America. [trustee]

ANALYSIS OF PREAMBLE

The Preamble defines the context in which the remainder of the Constitution must be interpreted. Most of it is self explanatory. Here's an explanation that points to popular sovereignty:
After the Declaration of Independence, but before the ordainment and establishment of the Constitution, the people of the United States pretty much handled their own affairs using the common law. They were not subject to any higher authority other than the authority of the common law as administered by the people themselves (self governance). Although the states did exist, they only existed by the authority of the people. Every man was a king, and every woman a queen--and none had any subjects. Upon declaring our independence, we all became sovereigns and members of the peerage (nobility).
"The people of this State, as the successors of its former sovereign, are entitled to all the rights which formerly belonged to the King by his prerogative. Through the medium of their Legislature they may exercise all the powers which previous to the Revolution could have been exercised either by the King alone, or by him in conjunction with his Parliament; subject only to those restrictions which have been imposed by the Constitution of this State or of the U.S."

Lansing v. Smith, 21 D. 89., 4 Wendel 9 (1829) (New York)
"D." = Decennial Digest
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. 1`67; 48 C Wharves Sec. 3, 7.
NOTE: Am.Dec.=American Decision, Wend. = Wendell (N.Y.)

The enabling actions in the Preamble are significant because there is simply nothing in the use of those words to imply that the People relinquished any of their own power and authority. The People declared the law (ordain) without taking away from themselves the authority to declare law again in the future. The People established the Constitution without taking away from themselves the authority to establish anything else in the future. In other words, the people gave birth to the Constitution without giving up any of their own power and authority.
What was before, continues to be so today.
From the context of the Preamble, one may conclude that the laws of the United States do not apply to People. The People, as ordainers and establishers of the country are sovereigns of the country, may not be involuntarily subjected to the laws of the United States.
Because of Amendment X ("The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people," the government has no authority, and cannot assume any authority over the People. Government powers may not reach beyond that which is constitutionally granted. In order for the government to subject People to its law it is necessary for the People to relinquish their sovereignty. Sovereignty is a natural right which cannot lawfully be relinquished involuntarily. Any removal of sovereignty must be accomplished voluntarily by the subject himself.

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DEFINITION OF CITIZEN OF THE UNITED STATES 

HISTORY

Before ratification of the Amendment XIV , there was no legal definition of the term "citizen of the United States." The term was used, but only generally. After the Civil War the slaves were freed but there was no legal basis to recognize them as having any rights. Amendment XIV partially solved that problem.
"Free the slaves," was the rallying cry combined with the Civil War that resulted in Amendment XIV. Amendment XIV created a new class of person called "citizen of the United States." Any ex-slave could now claim citizenship, and, by the way, so could any of the People if they so chose to do. Amendment XIV made possible the voluntary relinquishment of personal sovereignty.
It was also during the mid 1800's that the various governments took control of the school systems. The curriculum shifted from civics (the study of natural rights and common law) to American government (the study of civil privileges and statutory law). Emphasis was also refocused on "good citizenship". To blunt the people's perception, the civil privileges were called civil rights. The transition from teaching "natural rights" to teaching "civil rights" took about 100 years (from the 1850's to the 1950's). During the 1950's the school systems changed the courses named from "Civics" to "American Government." Hardly anyone now is aware of the subject of civics as a school course.
The phrase, "citizens of the United States," is defined in the Constitution for the United States of America, Amendment XIV:

AMENDMENT XIV

Section 1. "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. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws."
Section 5. "The Congress shall have the power to enforce, by appropriate legislation, the provisions of this article."

STRUCTURE OF AMENDMENT XIV

WHO: All persons
QUALIFICATION:
(A) born or naturalized in the United States, and
(B) subject to the jurisdiction thereof
PURPOSE: No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws."
ENFORCED BY: The Congress
ENFORCEMENT METHOD: Legislation

QUALITATIVE ANALYSIS OF AMENDMENT XIV

As discussed above, the People are sovereign. The People are not subject to the jurisdiction of the federal government, even though they are born in the United States.
Amendment XIV inverts the relationship. One of the qualifications to be a citizen of the United States is that one must be born or naturalized in the United States. Another qualification is that one must be, "subject to the jurisdiction thereof." It is not possible to be a citizen of the United States without being born or naturalized in the United States and subject to the jurisdiction thereof. But, if you are born or naturalized, and if you are subject to the jurisdiction, then you automatically qualify as a citizen of the United States.
From the point of view of the federal enforcers, the qualifications are worked in reverse. They reverse-interpret Amendment XIV as saying that if you say you are a citizen of the United States, then that automatically means you are totally subject to its jurisdiction [and have been born or naturalized]. This opinion is not shared by the judicial branch. See 14 C.J.S. 426, 430:

The particular meaning of the word "citizen" is frequently dependent on the context in which it is found[25], and the word must always be taken in the sense which best harmonizes with the subject matter in which it is used[26]. "One may be considered a citizen for some purposes and not a citizen for other purposes, as, for instance, for commercial purposes, and not for political purposes[27]. So, a person may be a citizen in the sense that as such he is entitled to the protection of his life, liberty, and property, even though he is not vested with the suffrage or other political rights[28].
"[25] Cal.--Prowd v. Gore, 2 Dist. 207 P. 490. 57 C.A. 458.
[26] Cal.--Prowd v. Gore. 2 Dist. 207 P. 490. 57 C.A. 458.
      La.--Lepenser v Griffin, 83 So. 839, 146 La. 584
      N.Y.--Union Hotel Co. v. Hersee, 79 N.Y. 454
[27] U.S.--The Friendschaft, N.C., 16 U.S. 14, 3 Wheat. 14, 4 L.Ed. 322
      --Murray v. The Charming Betsy, 6 U.S. 64, 2 Cranch 64, 2 L.Ed. 208
      Md.--Risewick v. Davis, 19 Md. 82
      Mass.--Judd v. Lawrence, 1 Cush 531
      R.I.--Greeough v. Tiverton Police Com'rs, 74 A 785, 30 R.I. 212
[28] Mass.--Dillaway v. Burton, 153 N.E. 13, 256 Mass. 568"

In any case, if you fail to object to the government's view of citizenship, then you will most certainly be subjected to the laws of the government. That means no rights, only privileges. To see a list of privileges granted or denied to the citizens (there is no list for the People's natural rights because the People automatically have all rights), see People's rights vs citizen's rights
ONE OF THE PEOPLE OR ONE OF THE CITIZENS?
The first issue to be resolved in any court proceeding is that of jurisdiction. Does the one entity have jurisdiction over the other entity? One should never go into court without a clear understanding as to whether he is there as a citizen, or there as one of the people. If you claim you are a citizen of the United States, then it is strongly implied (though not necessarily true) that you are subject to the laws of the United States. On the other hand, if you are one of the People, then it is legally implied that you are a legal king, with a sovereignty superior to that of the United States, and subject only to the common law of the other kings (your peers). In short: the People are superior to the government, the government is superior to the citizens. That is the hierarchy.

PEOPLE ---> GOVERNMENT ---> CITIZENS As a king you "are entitled to all the rights which formerly belonged to the King by his prerogative." You can do what you want to do when you want to do it. You have your own property and your own courts. There is no limit as to what you may do other than the natural limits of the universe, and the sovereignty of a fellow sovereign. You should treat the other sovereign in accordance with the Golden Rule, and at the very least must never harm him. Your sovereignty stops where the other sovereignty begins. You are one of the owners of the American government, and it is their promise that they will support your sovereignty (i.e. they have promised to support the Constitution and protect it from all enemies). You have no allegiance to anyone. The government, your only [public] servant, has an allegiance to you. As a citizen, you are only entitled to whatever your sovereign grants to you. You have no rights. If you wish to do something that would be otherwise illegal, you must apply for a license giving you special permission. If there is no license available, and if there is no specific permission granted in the statutes, then you must apply for special permission or a waiver in order to do it. Your only allegiance is to your sovereign (the government), and that allegiance is mandated by your sovereign's law (the government, though not absolutely sovereign, is sovereign relative to you if you claim to be a citizen of the sovereign).
Here is a typical example:
As one of the People you have a right to travel, unrestricted, upon the public highways. You have right to carry guests with you in your automobile. You have a right to own a gun and that right shall not be impaired by your servant, the government. You have a right to a grand jury indictment and a trial by jury, that is a trial directly by the people, not the government.
As one of the citizens, you may not travel by automobile unless you are either a licensed motor vehicle driver, or you are a passenger with permission to be on board. Gun ownership is a privilege subject to definition and regulation. You do not have a right to a jury trial in all cases, and no right to grand jury indictment--a trial is a trial by the government, not the people.

 http://www.1215.org/lawnotes/lawnotes/pvc.htm

*The posts made in this blog are of our opinion only* Without Prejudice UCC 1-207

American Constitutional Rights

American Constitutional Rights 

When child abuse investigations are conducted by people whose main goal is to dig up dirt on a family to assassinate their character and desire for every family to be in "therapy," you end up with a mess- this mess we have right now of incompetence and corruption.- Leonard Henderson Oregon Family Rights

Amendment I

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

This means you CANNOT disparage a parent's choice of religion and use that in your creation of an abuse/neglect case.
It further means you CANNOT "gag order" a parent from seeking other parents, counselors, or advocates to network with
Nor can you demand parents to remove advertisements from newspapers, or posters, brochures or letters, or meet to strategize defenses or bring public attention to their cases.


Amendment IVThe right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
This means you CANNOT barge into somebody's home without a SEARCH WARRANT which must ALREADY BE signed by a judge on PROBABLE CAUSE and somebody's OATH that there is a REALLY GOOD reason to invade this family.
This means that an anonymous "Hot Line" call is NOT "Probable Cause"
This means that you have to SPECIFY exactly what you are looking for.
This means that you CANNOT just go into somebody's house on a "fishing expedition" for the purpose of LOOKING for ANYTHING to use to create a case against the family.
This also means that CHILDREN have the same rights against YOU as their parents and are entitled to the same Constitutional protections AGAINST you searching and seizing THEIR PERSONS without "Probable Cause".
From the FBI Color of Law Civil Rights Violations page- An official would violate the color of law statute by fabricating evidence against or conducting a false arrest of an individual. That person's rights of due process and unreasonable seizure have been violated. In the case of deprivation of property, the official would violate the color of law statute by unlawfully obtaining or maintaining the property (kidnapping the child) of another. In that case, the official has overstepped or misapplied his authority.


Amendment VNo person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

This means you had better give people their Miranda Rights before you ask a single question.

This means that you had better not THREATEN people to talk with you.  You have no business threatening to TAKE THE KIDS if people refuse to SURRENDER their Constitutional Right NOT to talk with you.

This also means you had better NOT snatch the kids unless they really have been deliberately PHYSICALLY injured.

This means that KIDNAPPING THE CHILDREN from their parents and holding them hostage with their release CONTINGENT upon the parents "jumping through the hoops" of  compelled "Parenting Classes",  "counseling" with contractor  "mental health clinicians"  is DEPRIVING both the children and their parents of their lives, liberty, and property without "due process of law"

You cannot PRETEND that KIDNAPPING a child from their own home is "in their best interest".  If a REAL CRIME has been committed, the perpetrator should be the one removed.

Amendment VIIn all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.
This means that you had better tell people what the allegation is and inform them of their Miranda Rights  and has Counsel present before you ask a single question.
This means that the "Anonymous Tip" probably came from somebody USING YOU to destroy a person for reasons that have NOTHING to do with any child abuse.  If the "tipster" doesn't have enough guts to make a REAL accusation in person, nothing they say is credible.  The accused should NOT have to guess who made the accusation and what the "tipster's" true motive is.
This means that you CANNOT HIDE EXCULPATORY EVIDENCE in order to KNOWINGLY prosecute an innocent person.
This means that contrary to how it has been operating, the BURDEN OF PROOF is NOT on the accused to "prove a negative"- that NOTHING HAPPENED.  And the "rubber stamp say-so" of the subjective OPINION of a mental health clinician is NOT EVIDENCE.
This means that "second hand hear-say" information is NOT evidence.


Amendment VIIIn Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.
This means that YOU are NOT the Prosecution, Judge, Jury, and Executioner.


Amendment VIIIExcessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
This means that YOU are NOT the Prosecution, Judge, Jury, and Executioner.
From the FBI Color of Law Civil Rights Violations page-The Fourteenth Amendment secures the right to due process and the Eighth Amendment also prohibits the use of cruel and unusual punishment. In an arrest or detention context, these rights would prohibit the use of force amounting to punishment (summary judgment). The idea being that a person accused of a crime is to be allowed the opportunity to have a trial and not be subjected to punishment without having been afforded the opportunity of the legal process.
What do you think the compelled parenting classes, psych evals and continuous meetings that conflict with jobs are- if they ARE NOT punishment and a summary judgment?  And by the time YOU are done "piling charges" and Assassinating parent's characters, they can never get a job again.


Amendment IXThe enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
Which means that THE PEOPLE HAVE ALL THE RIGHTS.  CPS workers have NONE


Amendment XThe powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.


Amendment XIVSection. 1. 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. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
From the FBI Color of Law Civil Rights Violations page-The Fourteenth Amendment secures the right to due process and the Eighth Amendment also prohibits the use of cruel and unusual punishment. In an arrest or detention context, these rights would prohibit the use of force amounting to punishment (summary judgment). The idea being that a person accused of a crime is to be allowed the opportunity to have a trial and not be subjected to punishment without having been afforded the opportunity of the legal process.


http://familyrights.us/social_work/law/

*The posts made in this blog are of our opinion only* Without Prejudice UCC 1-207