The People's Rights
The Government's Powers
page last edited Jan 11, 2024
page last edited Jan 11, 2024
The original design from 1776 was that the government's powers were supposed to work to equally protect the people's rights. To which we should be thinking The People's Rights AND The Government's Powers
However, as government deteriorated, and the people lost the will to hold their government officers accountable; the phrase, The People's Rights vs. The Government's Powers, is more frequently sounded.
So, let us focus on the design, and how to put it into practice.
If we us The Declaration and The Constitution for several examples of what rights are; we come up with a list that includes:
From The Declaration "among these are"
Pursuit of Happiness and Property
Alter, Abolish, and Throw Off corrupted forms of government
Consent / Vote
From The Constitution we see some enumerated rights as
Keep & Bear
Secure in our Privacy
And with Amendment 9 we retain all the unlisted rights:
"The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people."
So... If it ain't listed... we still retain it. Such rights as:
So long as the person doing any of the retained rights, listed or not, does not unjustly violate another person or their rights; the government has no Constitutional authority to regulate it.
Our rights, quite literally are unlimited as unlisted.
Why do you suppose the government tries to know everything about every person? All the better to control them.
As united States Americans, we have the best resources for knowing what rights are; as well as knowing what how to identify honorable or treasonous political powers. These resources? (The unanimous Declaration of the thirteen united States of America and The Constitution of the United States of America) This knowledge also helps us recognize when other citizens abuse their rights by violating the rights of another; as well as recognizing when government personnel violate their granted powers or exercise powers not granted by violating one class of citizen's rights, or another.
We have two statements; one from The Declaration, one from The Constitution; concerning the limitations on 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"
Governments are supposed to get their just and honorable powers directly from the governed people. In this instance, those just and honorable powers must be solidly connected to the equal security and protection of the people's rights.
The Constitution, Amendment 10 states;
"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."
If The Constitution of the United States of America does not specifically grant a power to government, that power is off-limits to all levels and branches of government to exercise. We know this as fact because of a later Amendment 15, Section 1 that states:
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.
We know that every government power touches one of the people's rights. All government levels and branches swear oath to The Constitution, of the United States of America, as is required by Article 6. Federal officers and the military generally swear or affirm to defend, support, and uphold The Constitution against enemies foreign and domestic.
The unanimous Declaration details how to recognize our domestic enemies within our own government. Those enemies are referred to as tyrants and despots.
Thankfully, because of The unanimous Declaration; we know that countries, states, counties, and local community governments get their powers directly from the governed people therein. The respective bodies of resident-citizens may not rightly violate the terms of The unanimous Declaration, in granting to their respective government levels or branches any power to unjustly infringe or otherwise deny, disparage, or violate the rights that are not enumerated within The Constitution of the United States of America.
When The Constitution grants to government a political power; if it is not specifically and solely reserved to the national-government level; the resident-citizens of the other government levels may also grant that power to their respective government branches and levels. In this granting, they may not of right make that political power more oppressive than The Constitution of the United States of America authorizes. Otherwise, that right is protected by Amendment 9.
The people's rights are not generally listed in The Constitution, except to prohibit government powers concerning that specific right where government has violated that right in the past. A list of exceptions, for the administration of justice, are seen with Amendments 4, 5, 6, 7, 8, and 13. These Amendments grant limited powers to government, for specific conditions.
We know The Constitution, of the United States of America applies to all government officers of the Legislative, Executive, and Judicial branches and government levels, because of Article 6.
This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.
The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution; but no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States.
Unfortunately, this is often presented as:
The people's Rights
The government's Powers.
The Declaration deals with how the people are supposed to work together to properly control their government towards the ends of equally securing each other's rights; thus, Clean Honest Government.
The Constitution deals with the specific powers granted to government. When government officers violate The constitution, the governed people must enforce the Rule of Law of The Constitution of the United States of America, to the tune of treason as defined in Article 3, Section 3.
Know What is War
The unanimous Declaration of the thirteen united States of America describes such constitutional violation characteristics as tyranny & despotism.
When the governed people enforce these contracts as the laws they are; we secure Clean Honest Government for ourselves, as well as for the next generation. The more frequently enforced, the more likely that government officers will put the citizen's rights foremost in their duties.
When The Declaration states, "that to secure these rights, governments are instituted among men, deriving their just powers from the consent of the governed"; the government powers are there to protect the peoples' rights. When this happens, we have Clean Honest Government and there is no conflict between the people's rights and the government's powers.
We, the governed people, are intended to work together to properly control government's powers to equally protect each other's rights; in accord with our nation's pledge from 1776.
If you like your government —just the way it is, do nothing.
Otherwise, share any content within. Get others talking about —Getting & Keeping Clean Honest Government.
End Page Content