Posts Tagged ‘peoples Checks and Balances’
What is the Tree of Liberty
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The branches of the federal government in America are well-known. Most everyone understands they are a system of checks and balances, that there are three and can even name them. Many of these people can also name all seven dwarves.
However the scary fact is, if you ask these people, where do these branches stem from? What do the branches of government grow out of? What is the tree of liberty, what are its parts?
Most will look blankly or reply with a general guess, ‘the tree is the constitution,’ ‘it’s the country’, ‘the tree is democracy’, ‘Americais the tree’, ‘the tree is freedom’, etc.
Like the branches of the federal government, the tree of liberty is also made up of three sections. These three levels of governing authority in our nation are referenced in the Constitution, however are forgotten and missing from our modern ‘national’ model mindset.
From the Land up this is the tree of liberty;
Roots (People)
- All Individual Human Beings
- Families
- Community
Authorizing Authority
According to fundamental natural law, Original founding authority in being human
Purpose – Duty
- To own, improve and transform one’s property freely and privately, through human ingenuity, energy and effort for personal or family gain, sovereignty, independence and joy, thus creating an opportunity for a moral and just society.
- Oppose all forms of tyranny over the minds of man.
Trunk (States)
- States (legislature, judicial, executive)
- Counties
- Cities, Towns, etc.
Authorizing Authority
According to state constitutions, charters, etc. from the people’s representatives, or directly from the people
Purpose – Duty
- Provide Local Law Enforcement and Justice System
- Stewardship of Public Domain – Public Works
- Defend citizen’s sovereign rights
- Oppose all forms of tyranny over the minds of man.
Branches (Federal)
(separated – unequal powers)
- Legislative (most powerful branch, creates policy, law and regulation, can remove the president, justices and public servants from office)
- Judicial (second most powerful, strike down unconstitutional; legislative law, executive policy, government activity, etc.)
- Executive (weakest branch, executes orders from legislative, can not remove/override legislative power)
Authorizing Authority
According to the constitution from the states as representatives of the people
Purpose – Duty
A protective canopy of national sovereignty in defense of the trunk and shaded, peaceful shelter to the liberty of the citizens on the land.
- Defense of the Republics borders
- Equal system of exchange for individuals and between states
- Defend citizen’s sovereign rights
- Oppose all forms of tyranny over the minds of man
The anti-monarchy constitutionalist founders believed very little power should be in the hands of one man (or king) and believed in a government limited to the powers authorized and those authorizable by the individuals who had created it.
Just as the separation of powers are checks and balances intended to prevent the misuse of power within the federal government, so the three sections of the tree of liberty further balance with overriding checks, any government abuse of power, tyranny or violations of private individual’s civil liberties and fundamental natural rights.
The bodies of the tree of liberty are written into our founding documents. It is a structure which used to be commonly understood and legally recognized in the American Republic. It is the founding principle of personal; property, responsibility, liberty, freedom and sovereignty upon which this Republic intended to defend.
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Mashing ‘up’ the Quote
‘Is life so dear, or peace so sweet,
as to be purchased at the price of chains and slavery?
If you love wealth better than liberty,
the tranquility of servitude than the animated contest of freedom,
Go from us in peace.
Crouch down and lick the hands which feed you.
May your chains sit lightly upon you,
and may posterity forget that you were our countrymen;
As for me, give me liberty or give me death! ‘
‘Patrick Adams / Samuel Henry’
Thomas Jefferson
Paris, November 13, 1787
Re: ‘riots’ in the new free America
‘Yet where does this anarchy exist?
Where did it ever exist, except in the single instance ofMassachusetts?
And can history produce an instance of rebellion so honorably conducted?
I say nothing of it’s motives.
They were founded in ignorance, not wickedness.’
‘We have had thirteen states, independent eleven years.
There has been one rebellion.
That comes to one rebellion in a century & a half for each state.
What country before ever existed a century & a half without a rebellion?
And what country can preserve it’s liberties if their rulers are not warned from time to time that their people preserve the spirit of resistance?
Let them take arms.
The remedy is to set them right as to facts, pardon & pacify them.
What signify a few lives lost in a century or two?
The tree of liberty must be refreshed from time to time with the blood of patriots & tyrants. It is it’s natural manure.’
Today, with fifty states, those numbers are even more incredible with revolution hitting each ‘country state’ every five and half centuries.
And sometimes those in rebellion are not in ignorance but are indeed fighting against true tyranny.
- sovereignthink
Checks and Balances Uncensored
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There are checks and balances which were instituted by the founders to prevent the government from obtaining and maintaining tyrannical power over the peace, rights and liberty of the people.
Checks and balances were recognized necessities and written into the constitution.
In modern American schooling we have been taught that we live in a democracy; meaning a government of democratic representation for the people (although originally this also included democratic state representation).
We are taught the checks and balances against corruption and tyranny come in the form of the three opposing branches of the federal government. The executive, legislative and judicial, yet this is only a very small facet of the full spectrum of checks and balances set forth in the constitution.
This is simply a lie of omission, but it is a lie none the less.
Balance does indeed come from the three branch structure of fractured authority within the federal powers; the power of the legislature to coin money, declare war, make law and impeach, the power to veto and the power to pardon of the executive and finally the antidemocratic judiciary with the power of overseeing the constitutionality and legality of both; all while being sworn to uphold the constitution for liberty and justice with all.
While the structure of breaking the powers of the ‘king’ into many branches is genius in its wisdom, this is however, more truly a balance rather than a direct check on tyranny.
We should be taught America is a constitutional republic of sovereign states with democratic representation in government.
We should be learning about the direct checks which come in the form of limiting the national federal authority strictly to the 17 enumerated powers in the constitution, yet this is seldom taught or fully understood.
Most importantly, in modern American schooling we are not taught, what I call, the three trunks of government. These are the divisions in the trunk, or main body, from which the branches grow. In the constitution these trunks are named within three separate sovereign bodies, these being; the national sovereignty, state sovereignty and the individual’s sovereignty.
Each has its own sphere of stewardship, authority, powers, duty and its own creator.
The states gave seed to create the trunk of the federal government under the conditions of the constitutional convention.
For generations the people tilled the earth, tended the fields and defended the land, to create good local conditions for the trunks of their individual states.
The natural free agency of men fought and bled their land red for their own personal posterity’s freedom. This right to defense of personal liberty from force is bestowed in the unalienable nature and condition of our creation. The trunk of humanity is rooted in our natural free agency and the divine infinite indivisible individual capacity of man.
Three separate trunks of sovereignty supporting and maintaining their respective branches within the canopy of government and a free and just society as a whole.
However both the national-federal government and nation-state governments were instituted among men, deriving their just powers from the consent of the governed, from the trunk of humanity.
The federal government was created by the states as a trunk of protection against invasion from without or the destruction of liberty and constitutional violations from within. They were to serve as a protectorate, as the fragile shielding leaves and offer wise assistance with vantage from above.
Even more direct checks against federal and government tyranny are state rights and local rights under the authority of the constitution. State interposition and nullification are powerful branches of supreme authority and stand directly in the way of unconstitutional federal acts, regulations and policies. State authority of internal policy is locally just, accountable and securable. State sovereignty was a guarantee, a check against rulership and tyranny from federally afar.
The ultimate check against government tyranny is the individual daily exercise of personal liberty, in defense of that liberty.
Each of us has the power, duty and authority to expose tyranny among mankind and in our governing bodies, whenever encountered. Whether with citizen grand juries or by exercising the freedom of speech, we must secure justice and truth in our assembly representatives, council members, sheriffs and local law enforcement officers.
The great trunks of each state and the even greater trunks of every individual, standing against tyrannical force, fraud or corruption of liberty, peace and justice, will always prevail.
We the people are each the final check and our local institutions, upholding the constitution, are the truest form of balance in our government.
We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.
-sovereignthink


