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The Citizen is the Sovereign

This paper deals with:

  • Governments are Monopolies of Violence, limited by Constitutions.
  • How We the People are America's Sovereigns. 
  • Men, lusting for power, violated the written Constitution to create Civiliation Killers.
  • How, as Sovereigns, we must command our Federal agent to coerce State governing to comply with the written Constitution to defend our liberty.
  • How, as Sovereigns, we must command our State agents to coerce the Federal governing to comply with the written Constitution to defend our liberty.

Monopolies of Violence:

Thomas Payne, Common Sense:

SOME writers have so confounded society with government, as to leave little or no distinction between them; whereas they are not only different, but have different origins. Society is produced by our wants, and government by our wickedness; the former promotes our happiness POSITIVELY by uniting our affections, the latter NEGATIVELY by restraining our vices. The one encourages intercourse, the other creates distinctions. The first is a patron, the last a punisher.

Governments are soulless institutions, that is, they have no organ or capacity to sense good or evil. Governments are an institution of consolidated power dedicated to coercing compliance to law. Governments are controlled by men seeking power. Because we are not angels, governments are dangerous and essential to monopolize violence.  We the People, in our written Constitution Divided Sovereignty to limit the type of violence the Federal and State governments can monopolize. We established Divided Sovereignty so Federal and State government could be our agents in nullifying the abuses of each other against our liberty.

Madison in Federalist #51

Ambition must be made to counteract ambition. The interest of the man must be connected with the constitutional rights of the place. It may be a reflection on human nature, that such devices should be necessary to control the abuses of government. But what is government itself, but the greatest of all reflections on human nature? If men were angels, no government would be necessary. If angels were to govern men, neither external nor internal controls on government would be necessary. In framing a government which is to be administered by men over men, the great difficulty lies in this: you must first enable the government to control the governed; and in the next place oblige it to control itself.

We the People are Sovereigns

We the People are the Sovereigns of America. 

We the People, in ratifying the Constitution of the United States of America, formed a convenant with each other to defend liberty. In that Constitution we defined Article 5 Amendment as the only means by which our consent can be modified. We the People are the sovereigns, the Governing are our servants. The servant is never superior to the sovereign. The servant may not interpret and change the Our Meaning without an Article 5 Amendment ratified by us. 

The Governing are men, not angels. The Governing are men seeking to control the power of the governments grant sovereignty to monopolize violence. The Governing are our servants. The servant is never superior to the sovereign.

As Sovereigns we must use all means necessary against the nature of men seeking power and the nature of governments to monopolize violence to restrain them to our written Constitutions.

We hold these truths to be self-evident, that all men are created equal, that they are 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 Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness.

The Unrestrained Lust for Power Recreated the Paths to War

In America, in 2016, we face Civilization Killers created by our failure to enforce our written Constitution against the lust for power by our servants. In our written Constitution we forbid the Federal Governing, the men seeking to control the Federal Monopoly of Violence, from taxing us to build "internal improvements." Seeking to buy votes, they violated our written consent of the governed to create Civilization Killers. Life requires energy. Cheap oil is finite. Life and nations powered by cheap oil is finite. US oil production decreased from 9.5 million barrels per day (mb/d) in June 2015 to 8.5 mb/d in June 2016. That 11% rate of decline is likely to continue for at least 2 more years. 

Three trends are combining to repeat the financial collapse of 2008 by 2019:

  • Depleting US oil production at the rate of one 1973 Oil Embargo per year. Climate Change is going to kill us deader, Peak Oil is going to kill us first.
  • Doubling the Federal debt to $19 trillion since 2008.
  • The Federal Governing are applying their Monopoly of Violence to block innovations that would change the lifeblood of America from oil to ingenuity.

The source of these three trends is not new. The seeds were planted in 1913 with the 17th Amendment removing the restraint on Federal consolidation, the Governing usurping power by "interpretting a Living Constitution" to mean they can increase their power without the consent of the governed in an Article 5 Amendment. Some specific mile markers are:

  • In 1918 President Wilson monopolized communications, power, and transportation infrastructures as Federal "natural monopolies". These unconstitutional "internal improvements" resulted in Civilization Killers of $19 trillion in debt, oil-wars since 1991, Climate Change, etc.... Denied liberty, the American people had nearly a century of rotary telephones. After that monopoly was declared unconstitutional in 1982, with liberty restored, millions of jobs were created as innovators were free to offer alternatives and the people were free to choose between those alternatives. Wilson's Federal Aid Road Act of 1916 locked in place for a century Federal dominance of transportation infrastructure with fuel efficiencies of the Model T, 25 mpg. Roads are state sovereignty. Except for "post Roads" if there is no other way to deliver letters in defense of free speech, there is no Federal sovereingty to tax for roads.  With this Road Act, Wilson prostituted the State governments, buying their subordination and making them complicit in Federal taxing of the people to fund powers not granted to the Federal government. 
  • In 1935 President Roosevelt wiped out the entire distributed energy industry, caused 600,000 windmills to be abandoned, removed energy self-reliance as a market force, and made burning coal essential to be economically competitive. In agriculture, he began the destruction of the family farm and initiated the war on nature chronicaled in Rachel Carson's book The Silent Spring.
  • In 1956 President Eisenhower removed energy efficiency as a market force with The Federal-Aid Highway Act. He wiped out nearly half the miles of freight railroads that average 476 ton-miles per gallon. He expanded Federal DOT denial of liberty to innovate transportation.
  • In 1964 President Johnson declared the War on Poverty and destroyed the family garden in favor of centralized agriculture.
  • In 1971 President Nixon declared the War on Drugs expanding the application of Federal violence against the citizen beyond the limits of treason, piracy, and counterfieting limited by the Constitution.
  • In 2001 President Bush declared the War on Terror. 

We the People replaced the Article of Confederation with the Constitution to grant the Federal government sovereignty to monopolize violence limited to waging war and controlling the path to war. It is the nature of the Federal government to see what it does as war. In 2016, we have perpetual war because we have allowed the Federal Govering to define every problem with war as the solution.

The Governing are men seeking power, not angels. We are the Sovereigns. We must restrain our servants to their enumerated powers if we are to limit the amount and type of violence our servants will apply to us.

In the next decade, we are going to experience one of two outcomes based on what we do between 2016 and 2019:

  • We exercise the self-discipline to become energy self-reliance, a 48% cut in oil use.
  • We repeat the near collapse of 2008 when US oil production depletes to between 7.5 and 5.5 million barrels per day.

Here is  a set of graphs used to brief staffs for Senator McCain and Obama in July 2008. They show how rising gasoline prices decreased the typical American family's disposable income by $2,000 and how this was forcing families to use their mortgage payments to buy gasoline to keep their jobs. Foreclosure were rising with gasoline prices. Both staffs stated that current policy could manage the foreclosure issue. In Sept 2008 the banking system nearly collapsed.

The lust for power of the Federal Governing to buy votes had encouraged many to borrow more than they could afford and "drive to qualify" to buy a home. The lust for power of the Federal Governing to buy votes removed the criminal risks of greed in the banking industry. As families struggled with rising gasoline prices, the defects of this artificial manipulating of the economy collapsed. 

Instead of holding themselves accountable, the Federal Govering legalized fraud with the Bank Bailout. The Dallas Federal Reserve estimates the cost of the Bank Bailout between $6 and $14 trillion. Fines against the obvious fraud and mismanagement have been $251 billion; a return on fraud/abuse of 3,984%. One report shows that 35 people went to jail. In contrast to the Federal Governing legalizing fraud, their unconstitutional War on Drugs will put about 33% of black American men in prison in their lives. 

The depleting US oil production and rising gasoline prices that triggercrisis of 2008 collapse are repeating by 2019. The Fed zero interest rate policy cause $billions to be invested in fracking after the 2008 collapse. Frackers deployed 2,000 rigs and in 8 years increased US oil production from 5 mb/d to 9.5 mb/d. Peak Fracking was in June 2015 at about 9.5 mb/d. It is depleting at the rate of about 11% per year, or 1 mb/d per year. The Law of Supply and Demand requires that as supply decreases, prices must increase to crush demand. Gasoline prices are going to rise until, like in 2008, families must use their mortage payments to buy gasoline to pay for their commutes. Link to official US oil production chart and here is a link to EIA's This Week in Petroleum.  Logistics have mass and momentum. Watching these reports is like watching two ships whose mass and moment have set them on a collision course, but the collision will not happen for 1 to 3 years. The only way for oil production to turn around is for gasoline prices to double to pay for the effort of returning 2,000 rig to the field and three years so they can ramp production.

Life requires energy. Life will fight for energy. When US oil production hit 7 mb/d in 1991, nearly perpetual oil-wars resulted. In 2010 the Joint Forces Commands Joint Operating Environment warned all US military commands of the path to war:

"By 2012, surplus oil production capacity could entirely disappear, and as early as 2015, the shortfall in output could reach nearly 10 million barrels per day."

"A severe energy crunch is inevitable without a massive expansion of production and refining capacity. While it is difficult to predict precisely what economic, political, and strategic effects such a shortfall might produce, it surely would reduce the prospects for growth in both the developing and developed worlds. Such an economic slowdown would exacerbate other unresolved tensions, push fragile and failing states further down the path toward collapse, and perhaps have serious economic impact on both China and India. At best, it would lead to periods of harsh economic adjustment. To what extent conservation measures, investments in alternative energy production, and efforts to expand petroleum production from tar sands and shale would mitigate such a period of adjustment is difficult to predict. One should not forget that the Great Depression spawned a number of totalitarian regimes that sought economic prosperity for their nations by ruthless conquest."

"Energy production and distribution infrastructure must see significant new investment if energy demand is to be satisfied at a cost compatible with economic growth and prosperity."

"The discovery rate for new petroleum and gas fields over the past two decades (with the possible exception of Brazil) provides little reason for optimism that future efforts will find major new fields."

Forward by General James N Mattis

With unrestrained lust for power, the Federal governing created highway and power monopolies, unconstitutional "internal improvements" . These monopolies are recreating the two known paths for Americans to go to war with Americans:

  • Illicit Energy. Illicit Energy is dependence on energy outside self-reliance. Federal support for foreign oil repeats the path to war of Federal support for slavery.
  • Taxation without Representation. Debt is the tax on future labor. Federal debt of $19 trillion imposes without consent a $60,682 tax on the future labor of every child. The only difference between selling a man into slavery for $60,682 and mortgaging the liberty of a child for $60,682 is the use of debt and delay to confuse accountability. 

We granted Federal sovereignty for the single purpose to "provide" for the defense of liberty for ourselves and our Posterity. We granted Federal sovereignty to monopolize violence to wage war and mitigate the path to war. In their lust for power to control commerce, the Federal Governing have used the Monopoly of Violence to create Civilization Killers of resource depletion, perptetual undeclared oil-wars, oil-dollar funded terrroism, $19 trillion in debt rising the tandem with oil imports, and Climate Change.

Our Agents

The Federal and State governments are the agents of We the People. The Federal and State governments have no rights, governments are soulless institution. They have only the sovereignty granted by us in written Consent of the Governed. The Federal and State governments are not superior or suplicants to each other. These different governments were granted different sovereignty to monopolize of violence to defend against different threats to our liberty.

  • Federal sovereignty is limited to waging war and preventing the paths to war. The States proved incompetent under the Articles of Confederation at waging war, negociating with foreign governments, printing money, resolving border disputes, and trading fairly with each other; issues of war and the paths to war. In replacing the Articles of Confederation with the Constitution, we removed these powers previously granted to States and concentrated them in the Federal goverment. We granted the Federal government unlimited taxing powers for the limited sovereignty to accomplish a single task, "provide" for the defense of liberty for ourselves and our Posterity. To limit war, we restricted the Federal government from taxing for any activity not enumerated in the Constitution. Redundantly, we repeated our instructions to the governing the Amendment 9 and 10 of the Bill of Rights. Powers not enumerated are not granted.  
  • State sovereignty is limited as specified by the people of each state in their respective Constitutions. In general, state governments are granted sovereignty to monopolize violence to enforce civil and criminal laws. Relative to the Constitution, State governments have a duty to define and enforce criminal laws for violation of the Constitition.

If the men, in any government, fail to control their lust for power and violate the written Consent of the Governed, the Sovereigns, We the People, retain every right and duty to use our agents to enforce our written Consent. In our history we have used our Federal agent to nullify unconstititonal State laws and used our State agents to nullify unjust laws of the general government:

  • Revolution: The King failed to respect the Rule of Law and treat the colonist as Englishmen. Taxation without representation resulted in war and replacing the general government of the King with the Articles of Confederation.

 

  • Shay's Rebellion: The incompetence in waging war under the Articles of Confederation, reinforced by Shay's Rebellion, resulted in We the People as Sovereigns replacing the Articles with the Constitution:
    • We removed from State Sovereignty the power to make war, treaties, and print money.
    • We granted Federal sovereignty to wage war, and control aspects of commerce that could create the paths to war. Because the nature of the Federal government is to wage war, we strictly limited its sovereigty in the enumerated nature of the Constitution as summaried in the Preamble: 
      • One mandate: to "provide" for the defense of Liberty for ourselves and our Posterity.
      • One restriction: to only "promote" the "general welfare".

 

  • The Civil War: The Civil War was caused by Illicit Energy, dependence on energy outside self-reliance from slavery. This war might have been avoided had nullification been used since the Constitution was ratified. The path to war was built by the Federal government aggressively expanding slavery with The Compromise of 1850 and Kansas-Nebraska Act of 1854; and unconstitutionally expanding slavery with the Fugitive Slave Act of 1850 and Dred Scott decision in 1857:
    • Northern states aggressive used nullification against Federal violation of due process of law, objected to the moral corruption of violating America's founding ethic that "all men are created equal", and legalization of slavery in Northern states with the Dred Scott decision.
    • Starting the Civil War, South Carolina's government cites nullification as a reason for secession:

The General Government, as the common agent, passed laws to carry into effect these stipulations of the States. For many years these laws were executed. But an increasing hostility on the part of the non-slaveholding States to the institution of slavery, has led to a disregard of their obligations, and the laws of the General Government have ceased to effect the objects of the Constitution. The States of Maine, New Hampshire, Vermont, Massachusetts, Connecticut, Rhode Island, New York, Pennsylvania, Illinois, Indiana, Michigan, Wisconsin and Iowa, have enacted laws which either nullify the Acts of Congress or render useless any attempt to execute them. In many of these States the fugitive is discharged from service or labor claimed, and in none of them has the State Government complied with the stipulation made in the Constitution. The State of New Jersey, at an early day, passed a law in conformity with her constitutional obligation; but the current of anti-slavery feeling has led her more recently to enact laws which render inoperative the remedies provided by her own law and by the laws of Congress. In the State of New York even the right of transit for a slave has been denied by her tribunals; and the States of Ohio and Iowa have refused to surrender to justice fugitives charged with murder, and with inciting servile insurrection in the State of Virginia.

The Government of South Carolina was unconstitutional to seceed. Constitution is not a treaty between the State governments, it is a covenant between We the People. That covenant can only be changed by an Article 5 Amendment. 

  • Civil Rights Movement: We use our Federal agent to nullify unconstitutional state laws. Note that for decades, the Federal governing were complicit with unjust State Jim Crow laws. Popular governments comply to the will of a majority, even when it is a Tyranny of the Majority.

Here is a partical history of how We the People used the general and state governments to oppose the violation of liberty by the other:

Action:

The unrestrained lust for power by the Federal Governing, supported by a Tyranny of the Majority in the nation, has violated the written Constitution and rebuilt the Paths to War. The Constitution is the Law of the Land. As Sovereigns we Divided Sovereignty, granting State governments sovereignty to enforce civil and criminal law. The State governments have the duty to define and enforce criminal violations of the Law of the Lands against men seeking to usurp the written Consent of the Governed. 

As background please read study:

Some may ask, will holding the Federal Governing accountable to obeying the written Constitution will result in war?

The answer is that our failure to hold them to the written Constituton has resulted in nearly perpetual undeclared wars for the past half century and recreated the two known paths for Americans to go to war with Americans. The Joint Forces Command has warned all US military commands to prepare for war. US oil production is declining at 11% per year.

Life requires energy. Less energy, less life. Life will fight for energy, war.

We Sovereigns have every right to use all means necessary to restrain our servants to the sovereignty granted them as we did in the Revolution, against the Alien and Sedition Act, against unjust tarrifs, against the Fugitive Slave Act, and as some states are doing against the War on Drugs.

To get off these paths to war, as Sovereigns we have the absolute right and duty to use our agents in the State governments to enforce criminal ururpastions of power by the Federal governing of the written Constitution.

 

The 18-year Path to writing The Citizen is the Sovereign:

My name is Bill James. I was lucky to receive a West Point education in 1972 and serve 8 years in the Infantry. As an Infantry company commander in Alaska I would exchange the oath of office with my men who were reinlisting. It is a profound oath with a priority of action to:

  • Be first a patriot, "to defend the Constitution of the United States against all enemies foreign and domestic."
  • Be second a citizen, "to obey the orders of the President"
  • Be third a just soldier, "to obey the officiers appointed over me in accordance with the Uniform Code of Military Justice."

In a conversation with some of my West Point classmates in 1998 we realized that oil-wars since 1991 would continue so long as America was funding our enemies with oil-dollars. As a child I used to clean my grandfather's pig barn with a half-barrel hanging from an overhead rail. Even a small child could move tons and avoid ground clutter. As an Infantry officer I had used helicopters and cargo nets to move logistics quickly and place them exactly where they were needed. 

After leaving the Army I worked for Honeywell setting up manufacturing. I founded Applied Statistics in 1986 to develop computer-based sensors and process control systems for manufacturing. I wrote WebClerk software to apply process controls to the selling process. From this background the technology, it was clear we could combine Just-in-Time/Six Sigma concepts with computer, sensors, and rail networks, we could build the Physical Internet®.

Instead of moving two tons to move a person in the repetitive start-stop urban traffic, we could build a network of Horizontal-Elevators™ that would use 1/10th the energy of cars, buses, and passenger-trains. By putting solar collectors over the rails we could gather 40,000 vehicle-miles of power per mile of rail per day. We could change the lifeblood of America from oil to ingenuity. We could accomplish what Thomas Edison noted as practical in 1910:

"Sunshine is spread out thin and so is electricity. Perhaps they are the same, Sunshine is a form of energy, and the winds and the tides are manifestations of energy.”

“Do we use them? Oh, no! We burn up wood and coal, as renters burn up the front fence for fuel. We live like squatters, not as if we owned the property.

“There must surely come a time when heat and power will be stored in unlimited quantities in every community, all gathered by natural forces. Electricity ought to be as cheap as oxygen...."

Here are some links on our efforts:

It has been a long 18-year effort. In the process I learned that radically safer and more affordable transportation has been very well understood for decades:

  • The 140,000 miles of freight railroads in the US average 476 ton-miles per gallon. Yet since the Federal-Aid Highway Act of 1956 nearly half the railroads have been driven into bankruptcy by Federal policy.
  • The Personal Rapid Transit (PRT or podcar) network in Morgantown, WV has delivered 110 million oil-free, injury-free passenger-miles since being built as a solution to the 1973 Oil Embargo. 
  • The suspended train in Wuppertal, Germany carries 25 million passengers/year and has had one fatal accident since it opened in 1903.

The purpose of government is to monopolize violence to coerce compliance with laws. Innovation is a distruptive compliance failure. Why Nations Fail, the Origins of Power, Prosperity, and Poverty is book about "inclusive" and "extractive" institutions. Free markets are inclusive. Government monopolies are extractive. The Governing suppress the creative-destruction of innovation that might disrupt their base of power.

We can see the nature of extractive institutions in the near century of rotary telephones under Federal monopoly. After that monopoly was declared unconstitutional in 1982, liberty was restored and millions of jobs were created delivering better services at lower costs. Liberty is the source of the "general welfare".

The framers of the Constitution understood the need for liberty and forbid Federal involvement in highways beyond delivering letters in defense of free speech in an 8 to 3 vote on September 14, 1787. Here is a link to 5 Presidential vetoes of "interal improvements". Five Presidents explaining why we could have avoided oil-wars and Climate Change had we enforced the Constitution and prevented Federal power and transportation monopolies. 

It is not about safety. Remember 1.7 million Americans became road-kill while the Federal governing have blocked the expansion of Morgantowns PRT network since 1975. The Congressional Office of Technology Assessment study PB-244854 (published in 1974) warned of "institutional failures" as the likely barrier to the expansion of PRT networks. 

The history of innovators struggling against the Federal monopoly to deploy cleaner, faster, safer, and more affordable mobility network is long and well documented. We seem to be at a tipping point now. JPods has agreements in China and India. Hyperloop is making strides with highspeed networks. 

But we are in a race with 11% per year declines in US oil production. It normally requires 40 to 200 years to retool a major infrastructure. At the current rate of US oil depletion, we have 3 to 5 years. Governments are still delaying deployment. 

If you would like to participate in building networks, here is a link to software for designing networks for your community.

If your community would like sustainable solar-powered mobility network, pass the Performance Standarda Law. Following is a graph of costs per passenger-mile (Massachusetts DOT data). The 10x cost reduction per passenger-mile is what supports private capital building networks. Networks can make a profit saving families a car payment per month.

 

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