Strictly Speaking, In Our Republican Forms Of Government, The Absolute

Sovereignty Of The Nation Is In the People Of The Nation

Maxim in Law: Quod prius est verius est; et quod prius est tempore
potius est jure defined: What is first is truest; and what comes first
in time, is best in law. Co. Litt. 347.

Maxim in Law: Derativa potestas non potest esse major primitive
defined: The power which is derived cannot be greater than that from
which it is derived.

Maxim in Law: Hominum causa jus constitutum est defined: Law is
established for the benefit of man.
Maxim in Law: Nomina sunt symbola rerum defined: Names are the symbols
of things.
A long habit of not thinking a thing wrong gives it a superficial
appearance of being right. Thomas Paine
We have people in government who should not be allowed to play with
matches. Will Rogers
ABSOLUTE defined: Without any condition or encumbrance, as an "absolute
bond," simplex obligatio, in distinction from a conditional bond; an
absolute estate, one that is free from all manner of condition or
incumbrance. A rule is said to be absolute, when, on the hearing, it is
confirmed. As to the effect of an absolute conveyance, see 1 Pow.
Mortg. 125; in relation to absolute rights, 1 Chitty, Pl. 364; 1
Chitty, Pr. 32. A Law Dictionary Adapted To The Constitution And Laws Of The United
States Of America And Of The Several States Of The American Union by: John Bouvier
Revised Sixth Edition, 1856

PEOPLE defined: A state; as, the people of the state of New York; a
nation in its collective and political capacity. 4 T. R. 783. See 6
Pet. S. C. Rep. 467. 2. The word people occurs in a policy of
insurance. The insurer insures against "detainments of all kings,
princes and people." He is not by this understood to insure against any
promiscuous or lawless rabble, which may be guilty of attacking or
detaining a ship. 2 Marsh. Ins. 508. Vide Body politic; Nation. A Law
Dictionary Adapted To The Constitution And Laws Of The United States Of America And Of
The Several States Of The American Union by: John Bouvier Revised Sixth Edition, 1856

The Constitution and the Union (called the United States of America)
were creations of the PEOPLE; and NOT of the States. Note that, until
the early 1900s, the country called the United States of America was
called the Union. Thus, the people of the northern States usually
stated that the reason for the fighting the Civil War was to preserve
the Union; and NEVER as to preserve the United States. Indeed, if
you were to ask a man in 1865 the name of his country, he most likely
would have responded with the name of his sovereign STATE NOT with
the term United States. My country is Massachusetts. or I am a
citizen of Ohio. And within ones own State, each man remained an
individual sovereign with supremacy over his State government. This was
common knowledge and almost never debated, as it was accepted by almost
everyone.
The people were and forever remain individual sovereigns. A careful
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reading of the Preamble affirms that the people, as individual
sovereigns, wrote and gave authority to the Constitution as a contract
that created as a TRUST a type of Legal Corporation. However, the
people were NOT parties to the contract called the Constitution; the
only parties to this contract were the individual States that ratified
the Constitution. In short, the Constitution was a contract among the
various States that ratified it; it was NOT a contract between the
States and the people. (Did any actual people sign it? Did YOU sign it?
If a man does NOT sign a contract, it can NOT apply to him no
contract can be inherited.) The states remained superior (sovereign) to
the Trust called the United States and, therefore, superior to all
officers and employees of that Trust called the United States. But the
individual man, the people, remained sovereignover the States and
therefore over the United States.
PREAMBLE of Constitution for the United States of America:
We the People of the United States, in Order to form a more perfect
Union, establish Justice, insure domestic Tranquility, provide for the
common defence, 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 [the Preamble contains all the elements of a
TRUST]
TRUSTOR: We the People [trustors]
VENUE: of the United States
PURPOSE: in Order to form a more perfect Union, establish Justice,
insure domestic Tranquility, 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 as a
corporation]
TRUSTEE: for the United States of America. [trustee]
SOVEREIGN PEOPLE defined: The political body, consisting of the entire
number of citizens and qualified electors, who, in their collective
capacity, possess the powers of sovereignty and exercise them through
their chosen representatives. See Scott v. Sandford, 19 How. 404, 15
L.Ed. 691. Blacks Law Dictionary Sixth Edition (page 1396)
SUPREMACY defined: Sovereign dominion, authority, and preeminence; the
highest state. In the United States, the supremacy resides in the
people, and is exercises by their constitutional representatives, the
president and congress. Vide Sovereignty.
SUPREME defined: That which is superior to all other things; as the
supreme power of the state, which is an authority over all others. The
supreme court, which is superior to all other courts.
SOVEREIGN defined: A chief ruler with supreme power; one possessing
sovereignty. (q.v.) It is also applied to a king or other magistrate
with limited powers. 2. In the United States the sovereignty resides in
the body of the people. Vide Rutherf. Inst. 282.
SOVEREIGNTY defined: The union and exercise of all human power
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possessed in a state; it is a combination of all power; it is the power
to do everything in a state without accountability; to make laws, to
execute and to apply them: to impose and collect taxes, and, levy,
contributions; to make war or peace; to form treaties of alliance or of
commerce with foreign nations, and the like. Story on the Const. Sec.
207. 2. Abstractedly, sovereignty resides in the body of the nation and
belongs to the people. But these powers are generally exercised by
delegation. 3. When analyzed, sovereignty is naturally divided into
three great powers; namely, the legislative, the executive, and the
judiciary; the first is the power to make new laws, and to correct and
repeal the old; the second is the power to execute the laws both at
home and abroad; and the last is the power to apply the laws to
particular facts; to judge the disputes which arise among the citizens,
and to punish crimes. 4. Strictly speaking, in our republican forms of
government, the absolute sovereignty of the nation is in the people of
the nation; (q.v.) and the residuary sovereignty of each state, not
granted to any of its public functionaries, is in the people of the
state. (q.v.) 2 Dall. 471; and vide, generally, 2 Dall. 433, 455; 3
Dall. 93; 1 Story, Const. Sec. 208; 1 Toull. n. 20 Merl. Repert. h.t. A
Law Dictionary Adapted To The Constitution And Laws Of The United States Of America And
Of The Several States Of The American Union by: John Bouvier Revised Sixth Edition, 1856
SOVEREIGN IMMUNITY defined: A judicial doctrine which precludes
bringing suit against the government without its consent. Founded on
the ancient principle that "the King can do no wrong," it bars holding
the government or its political subdivisions liable for the torts of
its officers or agents unless such immunity is expressly waived by
statute or by necessary inference from legislative enactment. Maryland
Port Admin. v. I.T.O. Corp. of Baltimore, 40 Md.App. 697, 395 A.2d 145,
149. The federal government has generally waived its non-tort action
immunity in the Tucker Act, 28 U.S.C.A. 1346(a)(2), 1491, and its
tort immunity in the Federal Tort Claims Act, 28 U.S.C.A. 1346(b),
2674. Most states have also waived immunity in various degrees at both
the state and local government levels. The immunity from certain suits
in federal court granted to states by the Eleventh Amendment to the
United States Constitution. See also Foreign immunity; Federal Tort
Claims Act; Suits in Admiralty Act; Tucker Act. Blacks Law Dictionary
Sixth Edition (page 1396)
FOREIGN SOVEREIGN IMMUNITY ACT defined: Subject to existing
international agreements to which the U.S. is a party, and to certain
statutorily prescribed exceptions, a foreign nation is immune from the
jurisdiction of federal and state courts. 28 U.S.C.A. 1601-1611.
Blacks Law Dictionary Sixth Edition (page 1396)
Maxim in Law: In judicio non creditur nisi juratis defined: In law none
is credited unless he is sworn. All the facts must when established, by
witnesses, be under oath or affirmation. Cro. Car. 64.
Maxim in Law: Jurare est Deum in testum vocare, et est actus divini
cultus defined: To swear is to call God to witness, and is an act of
religion. 3 Co. Inst. 165. Vide 3 Bouv. Inst. n. 3180, note; 1 Benth.
Rat. of Jud. Ev. 376, 371, note.
Maxim in Law: Iniquum est ingenuis hominibus non esse liberam rerum
suarum alienationem defined: It is against equity to deprive freeman of
the free disposal of their own property. Co. Litt. 223. See 1 Bouv.
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Inst. n. 455, 460.
Maxim in Law: Lata culpa dolo aequiparatur defined: Gross negligence is
equal to fraud.
Maxim in Law: Jus ex injuria non oritur defined: A right cannot arise
from a wrong. 4 Bing. 639
Maxim in Law: Id quod nostrum est, sine facto nostro ad alium transferi
non potest defined: What belongs to us cannot be transferred to another
without our consent. Dig. 50, 17, 11. But this must be understood with
this qualification, that the government may take property for public
use, paying the owner its value. The title to property may also be
acquired, with the consent of the owner, by a judgment of a competent
tribunal.
Maxim in Law: Ignorantia excusatur, non juris sed facti defined:
Ignorance of fact may excuse, but not ignorance of law. See Ignorance.
Maxim in Law: No man shall take by deed but parties, unless in
remainder.
Maxim in Law: Frustra legis auxilium quaerit qui in legem committit
defined: Vainly does he who offends against the law, seek the help of
the law.
Maxim in Law: Semper necessitas probandi incumbit qui agit defined: The
claimant is always bound to prove: the burden of proof lies on him.
Maxim in Law: Ex nudo pacto non oritur action defined: No actions
arises on a naked contract without a consideration. See Nudum Pactum.
Maxim in Law: Bona fides non patitur, ut bis idem exigatur defined:
Natural equity or good faith do no allow us to demand twice the payment
of the same thing. Dig. 50, 17, 57.
Maxim in Law: Nemo potest esse tenes et dominus defined: No man can be
at the same time tenant and landlord of the same tenement.
Maxim in Law: Nemo debet rem suam sine facto aut defectu suo amittere
defined: No one should lose his property without his act or negligence.
Co. Litt. 263.
Maxim in Law: Nemo de domo sua extrahi debet defined: A citizen cannot
be taken by force from his house to be conducted before a judge or to
prison. Dig. 50, 17. This maxim in favor of Roman liberty is much the
same as that "every man's house is his castle."
Maxim in Law: Nemo praesens nisi intelligat defined: One is not present
unless he understands. See Presence.
Maxim in Law: Quod per recordum probatum, non debet esse negatum
defined: What is proved by the record, ought not to be denied.
Maxim in Law: Nemo potest contra recordum verificare per patriam
defined: No one can verify by the country against a record. The issue
upon a record cannot be tried by a jury.
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Maxim in Law: Nihil dat qui non habet defined: He gives nothing who has
nothing.
Maxim in Law: What a man cannot transfer, he cannot bind by articles.
Maxim in Law: Nihil de re accrescit ei qui nihil in re quando jus
accresceret habet defined: Nothing accrues to him, who, when the right
accrues, has nothing in the subject matter. Co. Litt. 188.
Maxin in Law: Qui molitur insidias in patriam, id facit quod
insanusnauta perforans navem in qua vehitur defined: He who betrays his
country, is like the insane sailor who bores a hole in the ship which
carries him. 3 Co. Inst. 36.
Maxin in Law: Officium nemini debet esse damnosum defined: An office
ought to be injurious to no one.
Maxin in Law: Vigilantibus et non dormientibus serviunt leges defined:
The laws serve the vigilant, not those who sleep upon their rights. 2
Bouv. Inst. n. 2327. See Laches.

Maxim in Law: Actio non datur non damnificato defined: An action is not
given to him who has received no damages.
Maxim in Law: Ignorantia excusatur, non juris sed facti defined:
Ignorance of fact may excuse, but not ignorance of law. See Ignorance.
Maxin of Law: Qui vult decipi, decipiatur defined: Set him who wishes
to be deceived, be deceived.
Maxim in Law: Error qui non resistitur, approbatur defined: An error
not resisted is approved. Doct. & Stud. c. 70.
Maxim in Law: Qui tacet consentire videtur defined: He who is silent
appears to consent. Jenk. Cent. 32.

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