The People's Rights
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...are supposed to work together
to benefit the governed people.
The Government's Power
vs.
The People's Rights
Similar words appear near the top of every criminal case filed in nearly every court. The people's right being replaced with an individual's name.
It incorrectly suggests that the government powers conflict with, and are somehow superior to the people's rights.
A critical thinking error assumes that only the person named is affected when any law is enforced against a particular individual. In Truth: Every criminal case speaks of where government powers touch —every person's Rights.
The error is the fact that the Law may be enforced against any person at any time. This means that any law that targets one type of person today can be enforced against every type of person in the future.
The Government's Powers and The People's Rights are supposed to work together, equally securing the governed people's rights against unjust government interference, as well as injustices by other people or businesses.
When the governed people, are not willing to enforce their laws of The Declaration among themselves, and The Constitution on their government officers; why should the governed people expect the government officers to willingly follow the people's constitutional design for limited government?
When anyone sees the government unjustly attack any individual or group, they should assemble others to help protect those who are unjustly attacked.
Those supposed social misfits; unwanted by the rest of society; are the most difficult and the most important to defend. But, it is that lack of defense that should signal the rest of society that their rights and lifestyles are no longer off limits.
As one group is "eliminated", the government simply focuses on eliminating the next unwanted group.
It incorrectly suggests that the government powers conflict with, and are somehow superior to the people's rights.
A critical thinking error assumes that only the person named is affected when any law is enforced against a particular individual. In Truth: Every criminal case speaks of where government powers touch —every person's Rights.
The error is the fact that the Law may be enforced against any person at any time. This means that any law that targets one type of person today can be enforced against every type of person in the future.
The Government's Powers and The People's Rights are supposed to work together, equally securing the governed people's rights against unjust government interference, as well as injustices by other people or businesses.
When the governed people, are not willing to enforce their laws of The Declaration among themselves, and The Constitution on their government officers; why should the governed people expect the government officers to willingly follow the people's constitutional design for limited government?
When anyone sees the government unjustly attack any individual or group, they should assemble others to help protect those who are unjustly attacked.
Those supposed social misfits; unwanted by the rest of society; are the most difficult and the most important to defend. But, it is that lack of defense that should signal the rest of society that their rights and lifestyles are no longer off limits.
As one group is "eliminated", the government simply focuses on eliminating the next unwanted group.
To Obey — or — To Not Obey?
The Governed, known as Citizens, continuously face the question: "Do I obey a given government law, act, or order: Or do I refuse?"
No one should obey unconstitutional laws made by government; because The Constitution --is The Law over government.
Those who violate the more superior law commit the more serious crime.
This requires that the average person knows when a government act or order violates The Constitution of the united States of America. This knowing only happens when those people also know how to identify their constitutionally protected and justifiably exercised rights.
The original design from 1776, with The unanimous Declaration of the united States of America, is that the government's powers are supposed to work to equally protect each person's rights.
When the social bond fails, and the people lose the will to hold themselves accountable to The Declaration and fail to hold their government officers accountable to The Constitution; The Government's Powers attack The People's Rights.
No one should obey unconstitutional laws made by government; because The Constitution --is The Law over government.
Those who violate the more superior law commit the more serious crime.
This requires that the average person knows when a government act or order violates The Constitution of the united States of America. This knowing only happens when those people also know how to identify their constitutionally protected and justifiably exercised rights.
The original design from 1776, with The unanimous Declaration of the united States of America, is that the government's powers are supposed to work to equally protect each person's rights.
When the social bond fails, and the people lose the will to hold themselves accountable to The Declaration and fail to hold their government officers accountable to The Constitution; The Government's Powers attack The People's Rights.
No One Is Above The Law. |
How the People Know their Rights are Superior to government powers
The Declaration states;
"We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty, and the pursuit of Happiness. — 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."
Review The Dissection of - The unanimous Declaration of the united States of America for more details and definitions.
Limitations on government powers.
First: Governments are supposed to get their just and honorable powers directly from the governed people; not from their representatives.
Secondly: Those just and honorable powers must be solidly connected to the equal security and protection of the governed people's rights.
Third: That when, not if; but when the government becomes destructive of the ends of equally securing the governed people's rights; it is the governed people's rights, and also their duty to alter, abolish, or throw off those destructive government forms and create new guards.
The Constitution, at Amendment 9 states;
"The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people."
Amendment 9 prohibits government powers from violating any rights not listed.
The test for knowing when government powers violate a constitutionally protected right:
Have people been exercising that specific right before any government level or branch has limited the exercise of it?
If they have; Amendment 9 protects that right against government infringement.
One simple example among which there are countless; includes rain water collection.
When you own or rent a property; people have, for many centuries, collected, diverted, and or stored for future use any waters that fell on, passed over, and flowed under the land they owned or worked. They did all this long before the first laws restricting or prohibiting such activity were created.
This test equally applies to any technology, so long as the use of such technology does not unjustly violate the rights of others, their property, or their person.
One clarifying example must be included because a protected right is dumping waste on your own property. What is not protected with this right is when the likelihood of your buried waste will leach into any neighboring property and potentially contaminate their soil or water or air; laws that restrict or prohibit such burying or disposal may be applied on a case by case basis, where the government must prove the probability of contamination.
For clarity; government has no constitutional authority to restrict the rights of the entire society, simply because a few people have abused a specific right. The government does possess the duty to hold those individuals and businesses accountable for violating the rights, persons, and properties of others.
"We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty, and the pursuit of Happiness. — 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."
Review The Dissection of - The unanimous Declaration of the united States of America for more details and definitions.
Limitations on government powers.
First: Governments are supposed to get their just and honorable powers directly from the governed people; not from their representatives.
Secondly: Those just and honorable powers must be solidly connected to the equal security and protection of the governed people's rights.
Third: That when, not if; but when the government becomes destructive of the ends of equally securing the governed people's rights; it is the governed people's rights, and also their duty to alter, abolish, or throw off those destructive government forms and create new guards.
The Constitution, at Amendment 9 states;
"The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people."
Amendment 9 prohibits government powers from violating any rights not listed.
The test for knowing when government powers violate a constitutionally protected right:
Have people been exercising that specific right before any government level or branch has limited the exercise of it?
If they have; Amendment 9 protects that right against government infringement.
One simple example among which there are countless; includes rain water collection.
When you own or rent a property; people have, for many centuries, collected, diverted, and or stored for future use any waters that fell on, passed over, and flowed under the land they owned or worked. They did all this long before the first laws restricting or prohibiting such activity were created.
This test equally applies to any technology, so long as the use of such technology does not unjustly violate the rights of others, their property, or their person.
One clarifying example must be included because a protected right is dumping waste on your own property. What is not protected with this right is when the likelihood of your buried waste will leach into any neighboring property and potentially contaminate their soil or water or air; laws that restrict or prohibit such burying or disposal may be applied on a case by case basis, where the government must prove the probability of contamination.
For clarity; government has no constitutional authority to restrict the rights of the entire society, simply because a few people have abused a specific right. The government does possess the duty to hold those individuals and businesses accountable for violating the rights, persons, and properties of others.
When you have questions, comments, and challenges; direct them to my personal email address: d a n i e l m k i n g e r y [at] g m a i l [dot] c o m [please remove all the spaces; as well as replace the [at] and [dot] with correct symbols before sending.
Subject line for this page is: The People's Rights & The Government's Powers:
This way, I know about which page your comments cover.
This way, I know about which page your comments cover.