REPUBLICAN FORM OF GOVERNMENT
by
Stephen L. Corrigan
All Copyrights Reserved

The founders of this nation used Sir Walter Blackstone's commentary on law as the standard for qualifying lawyers in the United States. In it, Mr. Blackstone explained the three major forms of societies in the world. He described the concepts of sovereignty resulting from the different forms of government established by each.

Sovereignity in World Governments

Sir Walter Blackstone:
"How the several forms of government we now see in the world at first actually began, is a matter of great uncertainty, and has occasioned infinite disputes. It is not my business or intention to enter into any of them. However they began, or by what right they subsist, there is and must be in all of them a supreme, irresistible, absolute, uncontrolled authority, in which the
JURA SUMMI IMPERII, or the rights of sovereignty, reside. And this authority is placed in those hands, wherein ... the qualities requisite for supremacy, wisdom, goodness, and power, are the most likely to be found.

The political writers of antiquity will not allow more than three regular forms of government; the first, when the sovereign power is lodged in an aggregate assembly consisting of all the free members of a community, which is called a democracy; the second, when it is lodged in a council, composed of select members, and then it is stiled an aristocracy; the last, when it is intrusted in the hands of a single person, and then it takes the name monarchy. All other species of government, they say, are either corruptions of, or reducible to, these three.


By the sovereign power, as was before observed, is meant the making of laws; for wherever that power resides, all others must conform to, and be directed by it, whatever appearance the outward form and administration of the government may put on. For it is at any time in the option of the legislature to alter that form and administration by a new edict or rule, and to put the laws into whatever hands it pleases; by constituting one, or a few, or many executive magistrates: and all the other powers of the state must obey the legislative power in the discharge of their several functions, or else the constitution is at an end."

Mr. Blackstone implied this rule for sovereignity applied to all forms of government or variations of such. In his commentary, he continued his observation by stating the British Constitution established a sovereignty by using  all three forms. He claimed that England's government, was the ultimate form to control a society. He did not cover, however, the new context of government created within associations in America.

Although much of his commentary on law was used in the United States until 1920, there are some portions our founders did not apply to American government. Sir Walter Blackstone, not being a Protestant, was unfamiliar with a new political form of government that had been created in America, in 1620, by 41 Protestants. This form had been used by free Protestants in America for more than 150 years. It is the only form of government accepted by them, because of their sworn allegiance to a sovereign and jealous God. It is the only political form by which the U.S. Constitution is to be interpreted.


Associations, in America, can be political, secular, or religious. They are always formed by contract or covenant. Governments for these associations are always formed when  the members come together and agree upon establishing a constitution which is nothing more than a job description for their elected leaders. When the elected leaders agree by oath to accept these rules for them, a government is formed. The American Bar Association is just one example of the many Free Protestant secular associations that have been created by Americans.

In 1803, the following distinction was always taught to law students whenever Blackstone's statement on sovereignty was applied to American government. It was the accepted printed political standard of defense for the American Bar Association, whenever Blackstone's commentary was taught. It was made by Judge St. George Tucker, Professor of Law at the University of William and Mary and a Judge in the General Court of Virginia, the State responsible for our "Bill of Rights". It reflects the political context of the "Bill of Rights" and is consistent with the Republic's form of government established by the 13 Free Protestant colonies in 1774. Unlike the forms of government described by Mr. Blackstone, Mr. Tucker's description of the form of government. in America, recognizes every individual's right of conscience. This concept does not apply in any of the forms described by Mr. Blackstone. The founders refer to it in their 1776 Declaration as Liberty. Judge Tucker's distinction, written after the adoption of the U.S. Constitution, describes the purpose and context of all constitutions in America. His description of American government still applies although the major law schools in America no longer teach Blackstone's commentary on law.

Sovereignity in America

Judge St. George Tucker stated:

"Whatever difficulty or uncertainty there may be in tracing the several forms of government in the Old World, it is the distinguished happiness of America that no such difficulty or uncertainty can here prevail as will be shown hereafter. In a former note, we endeavoured to show that
this maxim does not apply to the governments of the American States; by whose respective Constitutions, as also by the Constitution of the Federal Government, the Legislative power is restrained within certain limits, both in Federal and State Governments, which neither in Congress, nor the State Legislatures can transgress, without an absolute breach of the Constitutions from whence the Legislative Authority is derived. For, both the Federal, and State Constitutions derive their authority and existence from the immediate act, and consent of the people, 'in whom' as our Bill of Rights expresses it, 'all power is vested, and consequently, 'is derived from them.' These acts of the people having, then, the stamp of primitive authority, must be paramount to the act of the legislative body, which derives its authority, and even its existence from that origin. And since the powers of the Legislature are thus limited, it follows that the , JURA SUMMI IMPERII, or that supreme, irresistible, absolute, uncontrolled authority, of which the commentator makes mention in the preceding paragraph, doth not reside in the legislature, nor in any other of the branches of the Government, nor in the whole of them united. For if it did reside in them , or either of them, then would there be no limits, such as may be found in all the American Constitutions, to the powers of Government. The existence of such limits proves the existence of an higher power elsewhere; that is, in the people; in whom, only, the rights of sovereignty remain; the people, therefore, only, and not the Legislature, have it at any time in their option to alter the form and administration of Government, by a new edict or rule, and put the execution of their "authority into whatever hands they please; and all the power of the State, the Legislature as well as the rest, must obey them in the execution of their several functions, or the Constitution will, indeed, be at an end. For the Constitution is a law to the Government, which derives its just powers there from , as from the consent of the governed, for whose benefit that 'power is entrusted, and by whom, whenever it is abused, or exceeded, it may be revoked, and a new government instituted. (See Declaration of Independence, July 1776)".

This interpretation has been the only interpretation allowed for government by the Free Protestants, in America, who have vowed to let Christ be the Lord of their conduct.

As Judge Tucker has pointed out in his analysis of the form of government in America, we are not patterned after any of the forms of government found in the Old World. Democracies and representative democracies do not recognize the "right of conscience" of her citizens but only those of the majority at any given time.


Our form of union and government is unique. We are not a single republic, a representative democracy in which all the Free States are consolidated into one Republic and the sovereignty of the people is placed into the hands of our elected leaders.
 

We are a Compound Republic, a Republic with both a limited federal government and a limited State government. We are a Union of Free States, to be view by our federal government as individual sovereign republics. We are united as a Confederation under the same Protestant principles of unity as were set forth by the Confederation of 1643. Those principles of unity and liberty found in our republican form of government are unalterable and are to be the bases of all political associations of America.

America's form of government recognizes the "Right of Conscience" of all individuals at all times, before and after elections are held. Our source of Liberties is not defined by man and is not dependent upon a phrase that might be added to our U. S. Constitution. It is solely based upon the Liberties found in the Gospel of the New Testament and given by God to all mankind.

In 1787, after the U.S. Constitution was ratified, the Congress readopted an earlier document. It is now known as the Northwest Ordinance of 1787. Ohio was the first State to be added to the Confederation under this ordinance. Because of the influence of this ordinance as an authoritative document concerning the requirements and characteristics of a republican form of government, Ohio's State Constitution states the following unalterably principles for good government in America. It requires all elected officials to respect every individual's right of conscience.

Ohio Constitution 1802

"That the general, great and essential principles of liberty and free government may be recognized and forever unalterably established, we declare,

SECTION 1. That all men are born equally free and independent, and have certain natural, inherent and unalienable rights; amongst which are the enjoying and defending life and liberty, acquiring, possessing and protecting property, and pursuing and obtaining happiness and safety;
and every free republican government, being founded on their sole authority, and organized for the great purpose of protecting their rights and liberties, and securing their independence; to effect these ends, they have at all times a complete power to alter, reform or abolish their government, whenever they may deem it necessary."

SECTION 3: "But religion, morality and knowledge, being essentially necessary to good government and the happiness of mankind, schools and the means of instruction shall forever be encouraged by legislative provision, not inconsistent with the rights of conscience."


During the period of time between the Declaration of Independence and the U.S. Constitution, Congress had a seal designed to symbolize the United States of America. It is on the back of a one dollar bill. It is the only National Seal that has two crests to represent its nation's conception and government. The Crest on the left, mechanically drawn, represents the individual liberty of all Americans as stated in the Declaration of Independence and it symbolizes the right of a free people to exist as a nation by association. The Roman Numerals for 1776 are at the bottom of a pyramid identifying the date of the document that states these facts in writing. The Crest represents the people's stamp of sovereignty: their power to alter, reform or abolish their government, whenever necessary.

The Crest on the right symbolizes the context of their form of government within the Confederation. The people in association with one another are represented by the 13 stars surrounded by God's Glory. They are riding on the back of the wings of an eagle, representing the role of the federal government. A ribbon, symbolizing the U.S. Constitution, is used by the People of the Union as a bridle to limit and guide the federal government as they provide protection for and promote the domestic tranquility within the Confederation. This Crest represents the context of the Constitution as described by Judge Tucker and not by Sir Walter Blackstone.
 
All political constitutions in America protect and provide for this form of government.

IT IS THE RESPONSIBILITY OF EVERY AMERICAN TO KNOW AND DEFEND THIS FORM OF GOVERNMENT ESTABLISHED BY OUR FOUNDERS AND PROTECTED BY OUR U.S. CONSTITUTION. OUR HISTORY REFLECTS THE ULTIMATE PRICE THAT HAS BEEN PAID TO PROTECT THIS CONSTITUTION. IT DOES NOT ALLOW ANY OTHER FORM OF GOVERNMENT. LET IT ALWAYS BE KNOWN TO THE AMERICAN PEOPLE THAT THE CONSTITUTION IS A LAW TO GOVERNMENT TO GUARANTEE LIFE, LIBERTY, AND THE PURSUIT OF HAPPINESS TO EVERY CITIZEN WHO SEEKS IT..
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