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MEMORANDUM OF LAW: DUE COURSE OF THE LAW OF THE LAND

Introduction

I. Supreme, Absolute, and Uncontrollable Power in these United States.

It has been said that the Constitution of these United States is the supreme law of the land, yet,
there is a far more superior power than both Federal and State constitutions. One that is
manifest in the book of Genesis. One granted by our creator.

Mr. James Wilson, delegate to the constitutional convention, signor of the bill of rights, framer
of the constitution, Brigadier General of the Pennsylvania State Militia, and later supreme court
justice appointed by George Washington. He so eloquently describes the nature of power in
these United States.

“There necessarily exists, in every government, a power from which there is no appeal, and
which, for that reason, may be termed supreme, absolute, and uncontrollable. Where does this
power reside?”

“Perhaps some politician, who has not considered with sufficient accuracy our political systems,
would answer that, in our governments, the supreme power was vested in the constitutions.
This opinion approaches a step nearer to the truth, but does not reach it. The truth is, that, in
our governments, the supreme, absolute, and uncontrollable power remains in the people. As
our constitutions are superior to our legislatures, so the people are superior to our
constitutions. Indeed, the superiority, in this last instance, is much greater; for the people
possess over our constitutions control in act, as well as right.”

“The consequence is, that the people may change the constitutions whenever and however
they please. This is a right of which no positive institution can ever deprive them.”

“Oft have I marked, with silent pleasure and admiration, the force and prevalence, through the
United States, of the principle that the supreme power resides in the people, and that they
never part with it. It may be called the panacea in politics.” James Wilson; The Debates In The
Convention Of The State Of Pennsylvania, On The Adoption Of The Federal Constitution.
November 21, 1787.

“This will be a proper time for making an observation or two on what may be called the
preamble to this Constitution. I had occasion, on a former day, to mention that the leading
principle in the politics, and that which pervades the American constitutions, is, that the
supreme power resides in the people. This Constitution, Mr. President, opens with a solemn
and practical recognition of that principle: — "We, the people of the United States, in order to
form a more perfect union, establish justice, &c., do ordain and establish this Constitution for
the United States of America." It is announced in their name — it receives its political existence
from their authority: they ordain and establish. What is the necessary consequence? Those who
ordain and establish have the power, if they think proper, to repeal and annul.”

"…It renders this truth evident — that the people have a right to do what they please with
regard to the government." James Wilson; The Debates In The Convention Of The State Of
Pennsylvania, On The Adoption Of The Federal Constitution. November 28, 1787.

"I know no safe depository of the ultimate powers of the society but the people themselves:
and if we think them not enlightened enough to exercise their control with a wholesome
discretion, the remedy is not to take it from them, but to inform their discretion." Thomas
Jefferson, Letter, September 28, 1820.

All political power is inherent in the people, and all free governments are founded on their
authority, and instituted for their benefit. The faith of the people of Texas stands pledged to the
preservation of a republican form of government, and, subject to this limitation only, they have
at all times the inalienable right to alter, reform or abolish their government in such manner as
they may think expedient. Constitution of the State of Texas, Article 1 Section 2, 1876

“The rights of the individual are not derived from government, or even from the Constitution.
They exist inherently in every man by endowment of the Creator, and are merely reaffirmed in
the Constitution * * * The Constitution but states again these rights already existing, and when
legislative encroachment by the nation, state, or municipality invade these original and
permanent rights, it is the duty of the courts to so declare, and to afford the necessary relief.”
City of Dallas v. Mitchell, 245 S.W. 944, 945-46 (Tex. Civ. App., 1922).

II. Sovereignty in these United States.

Constitutions limit and define those original powers lent by the sovereignty, the people, to the
different departments of government. No individual department or combination of
departments may expand their authority or power thereby, taking from the people that which
was not granted. We the people, wrote down with certain determination the powers we do
grant. Sovereignty resides with the people.

“But, in this Constitution, the citizens of the United States appear dispensing a part of their
original power in what manner and what proportion they think fit. They never part with the
whole; and they retain the right of recalling what they part with.” James Wilson; The Debates In
The Convention Of The State Of Pennsylvania, On The Adoption Of The Federal Constitution.
November 28, 1787.

“…that the sovereignty resides in the people; they have not parted with it; they have only
dispensed such portions of power as were conceived necessary for the public welfare. This
Constitution stands upon this broad principle.”

“In order to recognize this leading principle, the proposed system sets out with a declaration
that its existence depends upon the supreme authority of the people alone.” James Wilson; The
Debates In The Convention Of The State Of Pennsylvania, On The Adoption Of The Federal
Constitution. December 1, 1787.

“I now endeavor to show that the true and only safe principle for a free people, is a practical
recognition of their original and supreme authority.”
“My general position is, that the absolute sovereignty never goes from the people.” James
Wilson; The Debates In The Convention Of The State Of Pennsylvania, On The Adoption Of The
Federal Constitution. December 4, 1787.

“...at the Revolution, the sovereignty devolved on the people; and they are truly the sovereigns
of the country, but they are sovereigns without subjects... and have none to govern but
themselves; the citizens of America are equal as fellow citizens, and as joint tenants in the
sovereignty.”

“From the differences existing between feudal sovereignties and governments founded on
compacts, it necessarily follows that their respective prerogatives must differ. Sovereignty is the
right to govern; a nation or State sovereign is the person or persons in whom that resides. In
Europe, the sovereignty is generally ascribed to the Prince; here, it rests with the people; there,
the sovereign actually administers the government; here, never in a single instance; our
Governors are the agents of the people, and, at most, stand in the same relation to their
sovereign in which regents in Europe stand to their sovereigns. Their Princes have personal
powers, dignities, and preeminences; our rulers have none but official; nor do they partake in
the sovereignty otherwise, or in any other capacity, than as private citizens.” Chisholm v.
Georgia (US) 2 Dall 419, 454, 1 L Ed 440, 455 @ Dall (1793) pp 471-472.

"Sometimes it is said that man cannot be trusted with the government of himself. Can he, then,
be trusted with the government of others? Or have we found angels in the form of kings to
govern him? Let history answer this question." Thomas Jefferson, Inauguration, 1801.

“It is not a rule binding upon mankind in their natural state. There, every man is independent of
all laws, except those prescribed by nature. He is not bound by any institutions formed by his
fellow-men without his consent.” Cruden v. Neale, 2 N.C. 338 May Term, 1796.

“But be that as it may, there is no such thing as a power of inherent sovereignty in the
government of the United States. It is a government of delegated powers, supreme within its
prescribed sphere, but powerless outside of it. In this country, sovereignty resides in the
people, and congress can exercise no power which they have not, by their constitution,
entrusted to it; all else is withheld.” Julliard v. Greenman, 110 U.S. 421, 1884.

Sovereignty itself is, of course, not subject to law, for it is the author and source of law; but in
our system, while sovereign powers are delegated to the agencies of government, sovereignty
itself remains with the people, by whom and for whom all government exists and acts. Yick Wo
v. Hopkins, 118 U.S. 356, 1886.

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

“No state legislator or executive or judicial officer can war against the Constitution without
violating his undertaking to support it." The constitutional theory is that we the people are the
sovereigns, the state and federal officials only our agents.” Cooper v. Aaron, 358 U.S. 1, 78 S.Ct.
1401 1958.

"It is not the function of our government to keep the citizen from falling into error; it is the
function of the citizen to keep the government from falling into error." Perry v. United States,
204 U.S. 330, 358.

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