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Declaration of Rights Or Bill of Rights

Bill of Rights

In the present day, most of the state constitutions have in them a header which precedes the "Articles of Amendments" and this header is named a "Bill of Rights." This "Bill of Rights" is also placed in front of the ten articles of amendments of the constitution of the United States of America. A few of the state constitutions today have in them what is called a "Declaration of Right." Is there a difference between the two? And if so, what is it.

In researching into the history of England and the united States of America, the first "Bill of Rights" was a declaration in 1689 by King William and Queen Mary to their loyal subjects of the British crown, the people of England. This "Bill of Rights" was a declaration by the Sovereigns to their loyal subjects declaring what rights the people had under their rule. Any right left out would or could not be claimed. For example, the paramount unwritten rights which Thomas Jefferson referred to in the Declaration of Independence where he stated, "That all men are created equal; that they were 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 governments becomes destructive of these ends, it is the right of the people to alter or to abolish it, and to institute a new government, laying its foundation on such principles, and organizing its powers in such form, as to them shall deem most likely to effect their safety and happiness." When one man declares what rights another man has, these so-called rights are merely privileges. In a sense he is just a slave to that man.

All of the state constitutions from 1776 to 1850 A. D., and some state constitutions after this date, have a header in front of the written rights which is called a "Declaration of Rights." In this "Declaration of Rights," the people stated, or actually declared, to the government they created, what the government could not encroach upon or trespass on. And after 1861 A. D., most of the state legislative bodies have inserted a header in front of these written rights a "Bill of Rights" into the state constitutions in place of a "Declaration of Rights." There are a few states today, that still use a "Declaration of Rights."

Some of the state constitutions of today, have a header in front of the written rights as a "Declaration of Rights," but this is an incorrect statement, as in the preamble of the constitution of the State of Idaho, it is stated; "We, the people of the State of Idaho" rather than being stating "We, the people of Idaho." By examining the two statements independently, the former statement declares that the people belong to the state, and in the latter, the state belongs to the people. It is the people who create the state, and not the state who owns the people. It should be stated in the following manner, "We the people of Idaho" and therefore the people can create whatever they choose, which includes but not limited to a state.

Before February 6, 1861 A. D., the people possessed a republican form of government with a presbytery form of representation in each of the sovereign several states. And after that date, Abraham Lincoln, by a self-assumed power, declared himself King, or actually the office of the President of the United States, and the people became subjects, property, and chattel. See "History" document. This nation has been declared a democracy with the alleged passage of article XVII of the amendments of the constitution of the United States of America. See the "Democracy" document. The republican form of government of this country was dissolved by this amendment and a democracy was created.

Now the people only have the rights dictated to them by a King to his subjects, which are called a "Bill of Rights." (Civil Rights Act 1964), (Roman Civil law). With the "Bill of Rights," the subjects of the king have constitutional rights, civil rights, and inalienable rights. This is shown by the "Bill of Rights" of 1689 from King William and Queen Mary. As stated in the definitions from the following law dictionaries; Bouvier's law dictionary, 3rd edition, 1848 and Black's law dictionary, 6th edition, 1990. If the King violated the subject's rights, then the subject can sue the King through a Bill in equity.

Before 1861 A. D., the only header in front of the alleged first ten articles of amendment of the constitution of the United States of America was "Amendments to the Constitution." After 1861 A. D., the alleged first ten articles of amendment of the constitution of the United States of America became known as the "Bill of Rights." As there is a "Bill of Rights in front of the first ten amendments

"Besides the above restrictions, there are numerous articles, as well in the constitution as in the amendments to it, in the nature of a bill of rights, and the object of which is to secure the liberty of the citizen, particularly as respects the benefit of the writ of habeas corpus, of trial by jury in civil and criminal cases; the inviolability of domicile, and security from illegal searches and from the obligation of quartering soldiers in time of peace, and other like provisions by which civil liberty is fully guaranteed."

Reference;

A BRIEF VIEW OF THE CONSTITUTION OF THE UNITED STATES ADDRESSED to the LAW ACADEMY OF PHILADELPHIA BY PETER STEPHAN DU PONCEAU, L.L.D. Provost of the Academy. PUBLISHED BY AND FOR THE ACADEMY. PHILADELPHIA E.G. Dorsey, Printer, 16 LIBRARY STREET...1834 A. D. Entered according to act of Congress, in the year 1834, by J. R. TYSON, JOHN CADWALADER and PETER M'CALL, VICE PROVISTS OF THE LAW ACADEMY OF PHILADELPHIA, IN TRUST FOR THE SAID ACADEMY, IN THE CLERKS OFFICE OF THE DISTRICT COURT OF THE EASTERN DISTRICT OF PENNSYLVANIA.

 

Summary

A 'Declaration of Rights' is a list of declarations made from the sovereign people to their servants. The servants are required to have an oath of office to support and defend the constitution and within this constitution, is a 'Declaration of Rights. These rights are usually unalienable or unwritten rights written into constitutions to give notice to the servants that they shall not trespass on these rights. With a "Declaration of Rights," written into the constitution, the people have placed constitutional restrictions on their servants.

A 'Bill of Rights' is a list of declarations made from a sovereign to his subjects. These rights are usually written rights created by a sovereign or government and placed in documents declaring what rights the subjects have, i.e. Civil Rights, Bill of Rights, Constitutional Rights.

The "Declaration of Rights" should only be found in the state constitutions, and not in front of the alleged first ten articles of amendment of the constitution of the United States of America. The alleged "Bill of Rights" under the first ten articles of amendment of the constitution of the United States of America is a fiction. The alleged first ten articles of amendment are not a "Bill of Rights," nor are they a "Declaration of Rights," they are just as they say they are "Amendments." The alleged first ten articles of amendment of the constitution of the united States of America are further declaratory and restrictive clauses added to the constitution of the united States of America for the sole purpose as to prevent misconstruction or abuse of governmental powers. These Articles of amendments placed restrictions or restraints upon our servants, by the people of the United States of America. There should not be a "Bill of Rights" in any of the state constitutions or the constitution of the United States of America.

The evidence of this fraud is in the difference between the definitions of Bouvier's law dictionary, 1848 and Black's law dictionary, 1990. As it is a maxim of law that the only definition that can be used, is the one that was in use at the time the document was brought into action. This falls under the customs and usages of the common law.

The word "alleged" is used because we have three different versions of the first fourteen articles of amendment of the constitution of the United States of America. Last time I checked the Amendments were only written once and added to the constitution of the United States of America.

As stated in Black's law dictionary, 1990, under "Bill of Rights" which states, "A formal and emphatic legislative assertion and declaration of popular rights and liberties usually promulgated upon a change of government..." which usually includes a change in the system of law also. There was a change in the form of government and system of law in the United States of America.

 

Black's law dictionary, 6th edition, 1990

Bill of Rights. A formal and emphatic legislative assertion and declaration of popular rights and liberties usually promulgated upon a change of government; e.g. the famous Bill of Rights of 1688 in English history. Also the summary of the rights and liberties of the people, or of the principles of constitutional law deemed American state constitutions. That portion of Constitutional guaranteeing rights and privileges to the individual; i.e. first ten Amendments of U.S. Constitution.

Bill of rights. First ten Amendments to U.S. Constitution providing for individual rights, freedoms, and protections (see Appendix, infra). See also Bill; Patient' Bill of Rights.

Declaration of Right. See Bill of Rights.

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 Monarchy.

Sovereign people. 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 theme through their chosen representatives.

Sovereignty. The supreme, absolute, and uncontrollable power by which any independent state is governed; supreme political authority; the supreme will; paramount control of the constitution and frame of government and its administration; the self-sufficient source of political power, from which all specific political powers are derived; the international independence of a state, combined with the right and power of regulating its internal affairs without foreign dictation; also a political society, or state, which is sovereign and independent.

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.

Sovereignty in government is that public authority which directs or orders what is to be done by each member associated in relation to the end of the association. It is the supreme power by which any citizen is governed and is the person or body of persons in the state to whom there is politically no superior. The necessary existence of the state and that right and power which necessarily follow is "sovereignty." By "sovereignty" in its largest sense is meant supreme govern. The word which by itself comes nearest to being the definition of "sovereignty" is will or violation as applied to political affairs.

Subject. Constitutional law. One that owes allegiance to a sovereign and is governed by his laws. The natives of Great Britain are subjects of the British government. Men in free governments are subjects as well as citizens; as citizens they enjoy rights and franchises; as subjects they are bound to obey the laws. The term is little used, in this sense, in countries enjoying a republican form of government.

 

Bouvier's law dictionary, 3rd edition, 1848

BILL OF RIGHTS, English law. A statute passed in the reign of William and Mary (February 13, 1689-March 8, 1702), so called because it declared the true rights of British subjects. W. & M. stat. 2, c. 2.

SOVEREIGN. A chief ruler with supreme power; one possessing sovereignty, (q. v.) It 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.

SOVEREIGN, Eng. law. The name of a gold coin of Great Britain of the value of one pound sterling.

SOVEREIGNTY, is the union and exercise of all human power possessed in a state; it is a combination of all power; it is the power to do every thing 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. § 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 analysed, 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. 133, 455; 3 Dall. 93; 1 Story, Const. § 208; 1 Toull. n. 20; Merl. Reper. h. t.

SUBJECT, contracts, is the thing which is the object of an agreement. This term is used in the laws of Scotland.

SUBJECT, persons, government, is an individual member of a nation, who is submitted to the laws; this term is used in contradistinction to citizen, which is applied to the same individual when considering his political rights.

2.-In monarchial governments, by subject is meant one who owes permanent allegiance to the monarch. Vide Body politic. Greenl. Ev. § 286; Phil. & Am. on Ev. 732, n. (1).

 


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