Democracy V. Republic

Democracy V Republic



There are two forms of democracy. Both were tried and in practice before the creation of the American form of governance. There are direct representative democracies and indirect representative democracies.



In a direct representative democracy all people considered to be Citizens who meet the qualifications of participation in government have an equal say. Any and all issues concerning the laws of the land, rights, or privileges of the Citizens are set and heard in an open forum, and each Citizen is granted an equal amount of time to express their thoughts before the entire gathering before any vote is taken. The history of Athens in the 4th and 5th Century DC is an example of this form of democracy.



Trials where held in the same fashion. It was very time consuming and slow process. When an emergency arose that needed immediate attention and a response to the situation needed addressing post hast it created problems. As the debating between the Citizens and the final decision (vote) as to what action should be taken could take days, weeks, or even months to conclude. The final decision in many cases benefited the majority of Citizens in the Athenian community while the ‘private natural rights’ of the minority where ignored and abridged for the good of the whole. The minority may well have lost all their personal property and left in a state of total impoverishment for the ‘general welfare and protection’ of the whole.



Early in the 17th Century (1600s) a new more streamlined version democracy was formed in order to streamline and expedite this process. It is what is known as an ‘indirect representative democracy’. Districts were formed and the Citizens chose from within their ranks representatives to represent their districts, before the representatives of the other districts within the nation, and there was a ‘Head of State’ that had the final say in all maters.



In the event of an emergency the Head of State could by executive privilege simply proclaim a state of national emergency and by executive order declare who was going to do what, where, and when, who’s assets, and other property were going to be used to any extent they deemed necessary to assure that the ‘general welfare and protection’ of the nation was secured under the pretext of the good of the whole. This could be done in minutes with one proclamation and signature and the representatives in the districts were bond to comply and obey by the Law.



Our Republic based on democratic principals is similar but very different. It is a blending of the two forms of democratic principals and the Law governs which principal is applicable to the actions taken by our servants. First, the Law defines the People (Citizens) as the Head of State (“In our country the people are sovereign...” AFROYIM v. RUSK, 387 U.S. 253 (1967)).



• The definition of sovereign is: Sovereign. A person, body, or state in which independent and supreme authority is vested; a chief ruler with supreme power; a king or other ruler in a monarchy. (Ref: Black’s Law Dictionary 6th Edition (BLD) Pg. 1395)



Sic, the natural born state Citizens in American are the Heads of State according to the Law that governs. The sovereigns that created this Republic secured all their natural rights by the Supreme Law of the Land.



Constitution of the United States (US. Const.) Article VI Clause 2 “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, anything in the Constitution or laws of any State to the contrary notwithstanding.”



The natural rights of the sovereigns are defined as:



• Natural rights. Those that grow out of the nature of man and depend on his personality and are distinguished from those which are created by positive laws enacted by duly constituted government to create an orderly civilized society. In re Gogabashvele's Estate, 195 Cal. App.2d 503, 16 Cal.Retr. 77, 91. (Ref. BLD. Pg. 1027).



These rights and others are secured by what are commonly referred to as the ‘Bill of rights’, or the first ten articles in amendment to the US Const. formally adopted and ratified in 1789, and replaced the Articles of Confederation which were adopted in 1781 after the Colonies had declared their independence from the United Kingdom (UK) which was a form on ‘indirect representative democracy’ at the time. The Monarch was the Head of State in the UK (England) and the Parliament were the elected representatives of the ‘subjects’ (citizens).



• “Under our system (American Republic Note added by Author), the people who are 'in England' called subjects are here the sovereign(s).” (U.S. v. Lee, 106 U.S. 196 at 208)



The Laws of our Republic created several bodies of representatives to serve the sovereigns here. They are known and properly identified as the Executive, Legislative, and Judicial branches of government each having their own authorities and limitations created by our Law. Our laws require that the sovereigns elect and or appoint people from within our ranks to serve us. These persons are properly known as public servants (servants).





Public servants: A person holding a government office, by election or appointment. (Ref. Random House College Dictionary Revised Edition 1975 (RHCD.) Pg. 1069)

Our system of Laws (Jurisprudence) define the obligations that our servants are to perform diligently and establish precise and strict limitations on any authority they have over themselves in each branch, between the branches, over other persons in our nation, and the sovereigns (We the People) they are to serve.



They are free to create law, rules, regulations, and policies that regulate and govern themselves within each branch without any direct involvement (indirect democracy) of the sovereigns, or persons outside their branch of government. However, they are prohibited from creating any law or rule that directly affects anyone’s rights, privileges, or immunities outside their branch of government without the express or implied consent of those affected by the rule and in particular the sovereigns they serve.



Anytime any branch of our body of servants attempt to create any law, rule, regulation, or policy that affects any private right (natural right) of the sovereigns they serve the issue must be placed on a ballot for the direct vote (direct democracy) of the sovereigns, and even these issues are regulated by law. Even a majority of sovereigns are restrained by the Supreme Law from imposing their will as a collective to force any sovereign individual, or minority to give up any natural right[s] secured by our Law. The ‘equal protection clause’ prohibits this conduct.



• US Const. Amendment V “No 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 offense 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.”(Empasis added by author)



A private right is personal private property which belongs to the individual sovereign or minority involved. Our ‘public servants’ (acting in an indirect representative capacity), or the majority of sovereigns (acting in a direct representative capacity) can not arbitrarily abridge, deny, or strip away from any sovereign individual or minority their liberty to exercise a private right without just compensation. This IS the Supreme Law of THIS land.



There is no way for anyone to conclude and place a value on the ‘private right’ of a sovereign individual or minority. Sic, just compensation cannot be calculated without the express or implied consent of the sovereign[s] affected by the will of the majority of sovereigns (Mob rule) acting directly by ballot or a body of ‘public servants’ acting indirectly by arbitration.



• “Governments do not grant rights; for they are unalienable rights, which cannot be bartered away, given away, or taken away...government can only secure those rights.” Butchers Union Co. v. Cresent City Co., 111 U.S. 746, at 756-757



• ‘Legislature can name any Privilege a taxable privilege and tax it by any means other than an income tax’, ‘but legislature cannot name something to be a taxable privilege unless it is first a privilege’.(Note: Our servants cannot proclaim a right to be a privilege and then regulate it.)



The American system of jurisprudences (Constitutional Republic ‘governed by law’) secures and protects the natural rights of individuals, and minorities from the Mob rule principals of democracy of either sort.



Jimmy Freeman