Constitutional Republic

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A Constitutional Republic is a governing state in which officials whom are elected as representatives of the people are obligated to govern according to existing constitutional law, according to established rules in the law of the land and which limit the government's power over its citizens.

While some consider the United States to be a globalist oligarchy, a Constitutional Republic is the still the recognized form of government in the United States, which the Republican / Conservative party agenda is closely aligned with. The founding fathers did not intend the United States to be a democracy as being espoused by the Democratic Party.[1] However, in recent years, many American citizens have acknowledged and criticized the expressed democrat party agenda, intent on moving the United States away from the established Constitutional Republic, towards a Social Democracy.[2][3]

TeamLaw.org defines a Constitutional Republic as follows:

A Republic, by definition, has two principle elements. First, it is controlled by Law; therefore, it does not control Law. Second, it recognizes the private independent sovereign nature of each person (man or woman) of competent age and capacity; therefore, a Republic must be representative in its nature.

A Republic recognizes Law is unchangeable, or at least that it can only be changed by a higher source than government. In a Republic the concept of “collective sovereignty” cannot exist, except with recognition that the State or nation, as a body of sovereigns, can speak through one elected voice; though that one voice can never lawfully interfere with the private rights of the individual sovereigns.

“A Constitutional Republic” is a government created and controlled, at least, by the Law of a Constitution. The Constitution of the United States of America was, in Law, a foundation based on the Bible, the Magna Carta and the Declaration of Independence. Those documents recognize man’s sovereignty, the divine nature of man’s creation and man’s divine right to Life, Liberty, the means of acquiring and possessing Property, and the pursuit of happiness.[4]

Limits On Government

The purpose of a Constitutional Republic is to place limits on the tyranny of the majority. Alexis de Tocqueville wrote:

If, on the other hand, a legislative power could be so constituted as to represent the majority without necessarily being the slave of its passions, an executive so as to retain a proper share of authority, and a judiciary so as to remain independent of the other two powers, a government would be formed which would still be democratic while incurring scarcely any risk of tyranny.[5]

The United States Constitution has many protections against the "tyranny of the majority." Specifically, it protects the Unalienable rights of the People from an overreaching government. For example:

  • Congress cannot establish a religion, or prohibit the free exercise thereof—Amendment 1
  • Congress cannot prohibit free speech—Amendment 1
  • Congress cannot infringe on the right to keep and bear arms—Amendment 2
  • Senators must be elected by the States, not the people—annulled by Amendment 17
  • Presidents must be elected by the Electoral College, not directly by the population
  • habeas corpus shall not be suspended, except during invasion or rebellion—Article 1, Section 9
  • No direct tax shall be placed on the people without apportionment—Article 1, Section 9 - annulled by Amendment 16
  • Anything not explicitly permitted to Congress by the Constitution is reserved for the States or the People—Amendment 10

See also

References

  1. Snowball, Timothy (October 29, 2018). The United States is not a democracy — and it wasn't meant to be one. The Hill. Retrieved October 29, 2018.
    See also:
  2. Sorry, Mr. Franklin, “We’re All Democrats Now” - A speech by Dr. Ron Paul January 29, 2003
  3. James Traub | FP, America Is Becoming a Social Democracy, https://foreignpolicy.com/2021/05/07/america-is-becoming-a-social-democracy/, May 7, 2021
  4. Definition of a Constitutional Republic by teamlaw.org
  5. Democracy in America Chapter 15

External links