Henry Nicolle
California state Citizen for Congress
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Revised 14 August

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Citations on Sovereignty and Powers
Our government is DIFFERENT from all other governments. There is none other like ours. We govern ourselves. We are not subjects. We are not ruled. We do not tolerate other rulers or a ruling class over us.

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You and I are the sole authority for governing in our country. This fact is bluntly acknowledged by our Declaration of Independence and State constitutions which delineate the powers we allow for the conduct of governing.

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The Origin of Sovereignty:
The Citizens, being the essential and only elements of the governing People, hold the powers of sovereignty in and of each state and in and of the federal government. Representation does not carry with it the full powers or authority of sovereignty, because both can be modified or recalled by the true sovereigns.

It is argued that the Citizens in their individual capacity are not "sovereign". It is argued the that "sovereignty" is held only be the "People", the aggregate body of all Citizens. This argument is invalid because each Citizen is born equal and in possession of all powers available to humans - he or she is the captain of his fate, the master of his soul and command of his dmain - in other words, he or she is sovereign. The powers a Citizen allies with those of his fellow Citizens for a given purpose can be withdrawn from delegation at will. In fact, this exercise of individual sovereignty is at the heart of self-governing.

The traditional way the People change the laws of self-government is by simply not obeying the undesired laws passed by their representatives. Law enforcement in a rational society then understands that these particular laws are unenforceable by ordinary means of policing, and they reduce or cease attempts to enforce the undesired laws. The judiciary then, quietly address the injustice of unenforceable laws by turning a blind eye to the statutes. In the end, the legislature understands that the unpopular laws are their embarrassement and the laws are revised or repealed. There are other ways to establish or remove laws, but this has been the most effective and traditional method of popular sovereignty.

The policy of the people of our modern government however, is to command, instead of serve, the People. It is our present and urgent duty to reverse this mindset of our public servants, officials and representatives.

Inherent (Natural) Rights and Powers of Human Men and Women
Our Declaration of Independence acknowledges that humans are born in full possession of all rights and powers of life, each free to travel about, each with the power to acquire, use and dispose of property, to procreate, to kill, to dominate, to modify his environment and to engage in all other conduct possible.

A human's only restraints upon his exercise of individual sovereignty are the laws of physics and mortality and the presence of other humans, acting also as they may please.

Example:

CALIFORNIA CONSTITUTION
ARTICLE 1  DECLARATION OF RIGHTS
SECTION 1.  All people are by nature free and independent and have inalienable rights.  Among these are enjoying and defending life and liberty, acquiring, possessing, and protecting property, and pursuing and obtaining safety, happiness, and privacy.
Necessary Co-Existance of Individual Powers and Powers of Society
Society consists of the cooperation between humans to moderate individual powers while a member of that society, in order to enjoy the benefits of association with the least restriction on individual rights and powers.

Society's defense of individual liberty and individual rights precedes all other needs of society, because the rights and liberty of society are merely the delegation of rights and liberty held by the individual members.

Delegation and Exercise of Individual Sovereign Powers
In our country, our inherent individual rights and powers are the source of certain powers delegated for the establishment and maintenance of our state institutions.

Our physical powers are great, especially our power and ability to rain death, destruction and chaos upon the human community. Therefore, when we extend representative authority to act with our powers, the delegation is NOT ABSOLUTE. We do not surrender the rights to advise, consent and control the conduct of delegated powers. 

Our delegation of powers is conditional, and concurrent with, exercise by representatives of our states, and from the states, certain limited powers are delegated for common application of the Union.

Individual powers, although delegated, remain individually useful, such as the individual use of deadly force in the urgent defense of life, limb and property is one example of concurrent exercise of powers.

Hierarchy of Powers in American Self-Government
It does not take a expert in constitutional law or a rocket scientist to understand and explain that:
  • the federal government has fewer and more limited powers than the states; and 
  • that the states have fewer and more limited powers than the People... and among the People,
  • the individual Citizen is the ultimate source of both authority and powers for governing.
Sovereignty of Our Governments Resides in the People Not with Our Public Servants
The people who serve in governing capacities have no powers of common sovereignty attached to their public capacities. They have no personal powers. They hold only those powers provided by statute and regulation for the exercise of the assigned duties of their office.

The powers of their office are not rights, only authorities; enumerated and restricted by Constitution, statute and regulation.

The Conduct of Our Federal Government is Bound by the Terms of Our Constitution
Our Constitutions command. And in the matter of great violence and destruction of life and property, our constitutional instructions and prohibitions to the federal Executive, Congress and Judiciary have the clarity and simplicity that provide no tolerance for misconstruction of our commands. 

Only the Congress may declare sanctions of violence.

Only the President may execute Congressional sanctions of violence.

Our Sovereignty Commands. And when a Citizen or a state petition may the Judiciary upon questions of Constitutionally permitted or prohibited conduct of the Executive and/or the Congress, the courts must answer.

Such are the elements of Sovereignty, delegated powers and the duties of the three branches of our federal government in the commitment of our People, our treasure and our existence to war.

Any federal official acting under the color of law to circumvent the constitutional chains that bind his conduct and with has the effect of creating numerous enemies where there were none previous to his conduct, has committed treason against the states and the People. Any person aiding or promoting treasonous conduct should be tried with the main actors.

Example:

CALIFORNIA CONSTITUTION
ARTICLE 1  DECLARATION OF RIGHTS
SEC. 18.  Treason against the State consists only in levying war against it, adhering to its enemies, or giving them aid and comfort. A person may not be convicted of treason except on the evidence oftwo witnesses to the same overt act or by confession in open court.
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Contact Henry Nicolle:
Mail: c/o POB 5633 Ventura, California (93005) - -  Tel: 805-758-4446 - - e-Mail: henry@henrynicolle.org



Last Revision: 14 August, 2004