Three Fundamental Remedies of “We the People”

 

All Public Servants are mere stewards of the power(s) that we the people have lent to them. Thus, in order to keep Public Servants in check we have retained three checks and balances, which are here named the “Three Fundamental Remedies” of We the People. To wit:

 

  1. We the People possess the Superior Principle of Correction and through the operation of this principle the following is true.
  1. We the People possess over our constitutions Control in Act as well as Right.
  2. We the People have an indubitable, unalienable, and indefeasible Right to wholly recall our delegated powers, or reform them so as to prevent abuse and the right to punish public servants who have perverted the powers we have delegated and designed for our happiness to their own emolument.
  1. The Corrective Action by Casting a Secret Ballot (Voting).
  2. The Corrective Action of we the people mandated by unanimous verdicts of Trials-by-Jury which judge not only the Facts, but judge the Law.  Thus, not a “Jury Trial” [i.e., admiralty jurisdiction].

 

Comments by Mr. James Wilson during the People of Pennsylvania’s convention to ratify the Constitution for the united States of America, Monday evening, November 26, 1787:

“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. There can be no disorder in the community but may here receive a radical cure.  If the error be in the legislature, it may be corrected by the constitution; if in the constitution, it may be corrected by the People. There is a Remedy, therefore, for every distemper in government, if the people are not wanting to themselves; [caveat follows] if they are wanting to themselves, there is no Remedy. [a negative corollary follows] From their Power, as we have seen, there is no appeal; of their error there is no superior principle of correction [except Almighty God].

 

“In this Constitution, all authority is derived from the People.”

 

THE DEBATES IN THE CONVENTION OF THE

COMMONWEALTH OF VIRGINIA

 ON THE ADOPTION OF THE FEDERAL CONSTITUTION.

In Convention, Richmond, Monday, June 2, 1788.

 

Henry Pages 98-99

 

  • Sir, it is the fortune of a free people not to be intimidated by imaginary dangers. Fear is the passion of slaves.
  • A pirate, an outlaw, or a common enemy to all mankind, may be put to death at any time. It is justified by the Laws of Nature and Law of Nations.

 

  • As long as we can preserve our unalienable Rights, we are in safety.

 

Sealed:  Chaplain Raymond, Chairman Emeritus

Austin Township Jural Society, a participant in Texian jural society

 

The above is codified in Corporate Constitutions:

 

GOVERNMENT CODE - GOV

TITLE 4. GOVERNMENT OF CITIES [34000 - 45345]

  ( Title 4 added by Stats. 1949, Ch. 79. )

 

 

CHAPTER 3. General Powers [37100 - 37200]

  ( Chapter 3 added by Stats. 1949, Ch. 79. )


  

37100.  

The legislative body may pass ordinances not in conflict with the Constitution and laws of the State or the United States.

(Added by Stats. 1949, Ch. 79.)