"Which Dictionary should we use?
My mission in life comes from a letter dated August 4, 1822 to WT Barry from James Madison, the fourth President of the United States of America 1809-1817:
“The liberal appropriations made by the Legislature of Kentucky for a general system of Education cannot be too much applauded. A popular Government, without popular information, or the means of acquiring it, is but a Prologue to a Farce or a Tragedy; or, perhaps both. Knowledge will forever govern ignorance: And a people who mean to be their own Governors, must arm themselves with the power which knowledge gives.”
I am seeking knowledge so one day I too can be my own governours of my own affairs. I am also looking for other people with the same quest!
Please note that it is the duty of the People who mean to be their own governours to verify the accuracy of any information being provided. Only certified and notarized information from anyone can be trusted or used in a court of law.
If someone doesn’t understand something, then how can they use it?
Black’s Law Dictionary, Sixth Edition page 697 –
Government de facto. A government of fact. A government actually exercising power and control, as opposed to the true and lawful government; a government not established according to the constitution of the nation, or not lawfully entitled to recognition or supremacy, but which has nevertheless supplanted or displaced the government de jure. A government deemed unlawful, or deemed wrongful or unjust, which, nevertheless, receives presently habitual obedience from the bulk of the community.
There are several degrees of what is called “de facto government.” Such a government, in its highest degree, assumes a character very closely resembling that of a lawful government. This is when the usurping government expels the regular authorities from their customary seats and functions, and establishes itself in their place, and so becomes the actual government of a country. The distinguishing characteristic of such a government is that adherents to it in war against the government de jure do not incur the penalties of treason; and, under certain limitations, obligations assumed by it in behalf of the country or otherwise will, in general, be respected by the government de jure when restored. Such a government might be more aptly denominated a “government of paramount force,” being maintained by active military power against the rightful authority of an established and lawful government; and obeyed in civil matters by private citizens. They are usually administered directly by military authority, but they may be administered, also, by civil authority, supported more or less by military force. Thorington v. Smith, 75 U.S. (8 Wall.) 1, 19 L.Ed. 361.
Sixth Edition page 416 –
De facto government. One that maintains itself by a display of force against the will of the rightful legal government and is successful, at least temporarily, in overturning the institutions of the rightful legal government by setting up its own in lieu thereof.
Worthham v. Walker, 133 Tex. 255, 128 S.W.2d 1138, 1145.
SEVENTH EDITION page 703 –
De facto government. 1. A government that has taken over the regular government and exercises sovereignty over a nation. 2. An independent government established and exercised by a group of a country’s inhabitants who have separated themselves from the parent state.
A LAW DICTIONARY - ADAPTED TO THE CONSTITUTION AND LAWS OF THE UNITED STATES OF AMERICA AND OF THE SEVERAL STATES OF THE AMERICAN UNION by John Bouvier Revised Sixth Edition, 1856 - Bouvier's Law Dictionary
DE FACTO, i. e. in deed. A term used to denote a thing actually done; a president of the United States de facto is one in the exercise of the executive power, and is distinguished from one, who being legally entitled to such power is ejected from it; the latter would be a president de jure. An officer de facto is frequently considered as an officer de jure, and his official acts are of equal validity. 10 S. & R. 250; 4 Binn. R. 371; 11 S. & R. 411, 414; Coxe, 318; 9 Mass. 231; 10 Mass. 290; 15 Mass. 180; 5 Pick. 487.
UNITED STATES OF AMERICA. The name of this country. The United States, now thirty-one in number, are Alabama, Arkansas, Connecticut, Delaware, Florida, Georgia, Illinois, Indiana, Iowa, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Mississippi, Missouri, New Hampshire, New Jersey, New York North Carolina, Ohio, Pennsylvania, Rhode Island, South Carolina, Tennessee, Texas, Vermont, Virginia, Wisconsin, and California.
5. - The United States of America are a corporation endowed with the capacity to sue and be sued, to convey and receive property. 1 Marsh. Dec. 177, 181. But it is proper to observe that no suit can be brought against the United States without authority of law.
6. - The states, individually, retain all the powers which they possessed at the formation of the constitution, and which have not been given to congress. (q. v.)
7. – … Const. Art. 4, s. 3. And the United States shall guarantee to every state in this union, a republican form of government. Ib. Art. 4, s.4.
5. - ‘United States of America are a corporation’ is correct! It is printed that way in our hard copy of the Bouvier’s Third Edition printed in 1848 and the same as the 1856 version on line.
5. – “… But it is proper to observe that no suit can be brought against the United States without authority of law.”
Today: You cannot sue without its consent!
U.S. Supreme Court in
UNITED STATES v. MITCHELL, 463 U.S. 206 (1983)
463 U.S. 206
UNITED STATES v. MITCHELL ET AL.
CERTIORARI TO THE COURT OF CLAIMS
“It is axiomatic that the United States may not be sued without its consent and that the existence of consent is a prerequisite for jurisdiction. 9 .”