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I have a tendency to say, "but the S.Ct. says" myself as I learned almost everything I know about law from reading 1000's of court decisions issuing from appellate courts. However, I've been thinking about the phrase "deriving their just powers from the consent of the governed" in the Declaration of Independence. It is only JUST powers derived from consent. If it is my opinion as a sovereign the power they assert is UNJUST they no longer have MY consent to assert that power. This approach brings the whole thing right back to the individual and his right to life, liberty, property, and pursuit of happiness. Just because a sovereign swears and oath to uphold the Constitution and takes a position working in the government, even as a judge, does that then make him a sovereign with subjects?? That could not be true in a republican form of government.
2 years, 2 months ago on It Looks Solid, But… – Tenth Amendment Center Blog