Comprehensive Study of “The Law of the Land” Part XIII: Amendment 9 & 10
Construe(d) – To put together; to arrange or marshal the words of an instrument. To ascertain the meaning of language by a process of arrangement and inference.
Delegated – A person who is delegated or commissioned to act in the stead of another, Landro v. Pacific Atlantic S. S. Co., D.C.Wash., 30 F.Supp. 538, 539; a person to whom affairs are committed by another; an attorney. A person elected or appointed to be a member of a representative assembly. Usually spoken of one sent to a special or occasional assembly or convention. Manston v. McIntosh, 58 Minn. 525, 60 N.W. 672, 28 L.R.A. 605. The representative in congress of one of the organized territories of the United States. To send as an agent or representative; to commit to the care or management of another.
Disparage – To connect unequally; to match unsuitably.
Enumerated (ion) – This term is often used in law as equivalent to “mentioned specifically,” “designated,” or “expressly named or granted”; as in speaking of “enumerated” governmental powers, items of property, or articles in a tariff schedule. See Bloomer v. Todd, 3 Wash.T. 599, 19 P. 135, 1 L.R.A. 111.
People – A state; as the people of the state of New York. A nation in its collective and political capacity. Nesbitt v. Lushington, 4 Term R. 783; U. S. v. Quincy, 6 Pet. 467, 8 L.Ed. 458; U. S. v. Trumbull, D.C.Cal., 48 F. 99. The aggregate or mass of the individuals who constitute the state. Solon v. State, 54 Tex.Cr.R. 261, 114 S.W. 349; Loi Hoa v. Nagle, C.C.A.Cal., 13 F.2d 80, 81.
In a more restricted sense, and as generally used in constitutional law, the entire body of those citizens of a state or nation who are invested with political power for political purposes, that is, the qualified voters or electors. Koehler v. Hill, 60 Iowa 543, 15 N.W. 609; Boyd v. Nebraska, 12 S.Ct. 375, 143 U.S. 135, 36 L.Ed. 103; In re Incurring of State Debts, 19 R.I. 610, 37 A. 14; In re Opinion of the Justices, 226 Mass. 607, 115 N.E. 921, 922; State v. City of Albuquerque, 31 N.M. 576, 249 P. 242, 247. In neutrality laws, a government recognized by the United States. The Three Friends, D.C.Fla., 78 F. 175.
The word “people” may have various significations according to the connection in which it is used. When we speak of the rights of the people, or of the government of the people by law, or of the people as a non-political aggregate, we mean all the inhabitants of the state or nation, without distinction as to sex, age, or otherwise. But when reference is made to the people as the repository of sovereignty, or as the source of governmental power, or to popular government, we are in fact speaking of that selected and limited class of citizens to whom the constitution accords the elective franchise and the right of participation in the offices of government. Black, Const. Law 3d Ed. p, 30.
Prohibited – To forbid by law; to prevent;—not synonymous with “regulate.” Simpkins v. State, 35 Okl.Cr. 143, 249 P. 168, 170; Arkansas Railroad Commission v. Independent Bus Lines, 172 Ark. 3, 285 S.W. 388, 390.
Reserved – v. To keep back, to retain, to keep in store for future or special use, and to retain or hold over to a future time. Commissioner of Internal Revenue v. Strong Mfg. Co., C.C.A.6, 124 F. 2d 360, 363.
Respective(ly) – Relating to particular persons or things, each to each; particular; several; as, their respective homes. Sandford v. Stagg, 106 N.J.Eq. 71, 150 A. 187, 188.
Retained – To continue to hold, have, use, recognize, etc., and to keep. Kimbell Trust & Savings Bank v. Hartford Accident & Indemnity Co., 333 Ill. 318, 164 N.E. 661, 662.
In practice. To engage the services of an attorney or counselor to manage a cause. See Retainer.
Reminder Notes for
Future Classes:
State – A People permanently occupying a fixed territory, bound together by common-law, habits, and custom into one body politic exercising, through the medium of an organized government, independent sovereignty and control over all persons and things within its boundaries, capable of making war and peace and of entering into international relations with other communities of the globe. Black’s Law Dictionary 4th Edition.
Parties to the Constitution – United States:
1. Moors – Supreme Authority, and
2. Union [United] States of America – Europeans, the People adopted into the Nation.
Status – The etymology of the word state comes from the latin “Status” – stare – to stand; Status – manner of standing, attitude, position, carriage, manner, dress, apparel; and other senses. All legislative powers herein granted shall be vested in a Congress of the United States – Moors, which shall consist-[ stands together with] of a Senate and House of Representatives – [members elected from the Union States]
The 3 Great Departments of Government:
- Legislative – pass law – this is appropriate if you comprehend that the Moors make up the United States and only the sovereign of the land can make any laws.
- Executive – approve and execute the laws that have been passed.
- Judicial – expound and enforce the laws that have been passed.
7 Lawful Questions:
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- What is it that the Constitution does of certain rights?
- What does this word mean?
- What does the 9th Bill of Rights prevent?
- Who has “certain rights”?
- Who has all the rights?
- Who is the 10th Bill of Rights speaking to really?
- What does the 10th Bill of Rights tell you?
- What is it that the Constitution does of certain rights?
Group Discussion Question
- In the 10th Bill of rights where it states “The powers not delegated to the United States of America by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.” Who are they talking about really? What is the relationship? Ultimately who does it protect?
Supreme Laws for Review:
Supreme Court Justice Field, ‘There is no such thing as a power of inherent sovereignty in the government of the United States… In this country, sovereignty resides in the people, and Congress can exercise power which they have not, by their Constitution, entrusted to it. All else is withheld.” Juliard v. Greeman, 110 U.S. 421 (1884).
“…in our country the people are sovereign and the government cannot sever its relationship to them by taking away their citizenship.” Perez v. Brownell, 356 U.S. 44, 7; 8 S. Ct. 568, 2 L. Ed. 2d 603 (1958).
“When we consider the nature and the theory of our institutions of government, the principles on which they are supposed to rest, and review the history of their development, we are constrained to conclude that they do not mean to leave room for the play and action of purely personal and arbitrary power. Sovereignty itself is, of course, not subject to law, for it is the author and source of law; but in our system, while sovereign powers are delegated to the agencies of government, sovereignty itself remains with the people, by whom and for whom all government exists and acts. And the law is the definition and limitation of power.” Yik Wo v. Hopkins, 118 US 356 (1885)
Concluding Lawful Perspective:
“It will be an evil day for American Liberty if the theory of a government outside supreme law finds lodgment in our constitutional jurisprudence. No higher duty rests upon this Court than to exert its full authority to prevent all violations of the principles of the Constitution.” Downs v. Bidwell, 182 U.S. 244 (1901)
Next Class:
We have concluded our 13 Course Class on the Organic American National Constitution – 7 Articles and 10 Bill Of Rights (Amendments). The Bill Of Rights were added (amended) prior to the ratification of the American National Constitution. Thus they are valid. Amendments after that are NOT valid except for Amendment 11, 12 (which enforces 9 & 10) and Amendment 13 in its entire 20 sections, which was / is published in Congressional Records. However what you mostly see published is Amendment 13 with only 2 sections. We have decided to extend this course to discuss Amendment 11, 12 and 13 in our next class.
Hint:
In Amendment 13 (with 20 sections), It clearly states that those who are descendants of Africans CANNOT be citizens / members of the United States of America — Think on Why.
Happy Winter Solstice
May you be graced with enough from your reaping and sowing to sustain you through the coming
Winter Months.
Plant your seeds (of thoughts) to be fertilized at the end of this season, in Pisces fertilizing waters, to be manifest and spring forth in the Spring—Vernal equinox.
From Sisters Standing On Law MHHS Blog Talk Radio
Sisters Anaidah El and Rahsmariah Bey