Chapter Seven
SANCTION FROM THE COURT OF LAST RESORT
If you want to understand the government of the United States
of America you must understand that the people who designed and
ratified the Constitution of the United States understood that
the ground of authority, the foundation for the Law of the government
of the United States of America, did not need to be defined in
the Constitution; it had already been defined. Everybody in the
United States understood that the authorization for the Constitution
of the United States had already been precisely defined in the
Declaration of Independence. There was simply no need to say again
what everybody in the world already knew. We the people had the
authority to form a government, to write our own Constitution,
because the words in the Declaration of Independence about the
plan of the Creator had been proven to be true, not only in the
minds of the people who wrote and signed those words, but in the
entire length and breadth of this place that was now called the
United States of America. The words had been tested, a hard test,
a real test, and the words had stood the test. The Purpose Statement
for government defined in the Declaration of Independence was
fully sanctioned.
There is no word in the English language more important in a discussion
of government than the word "sanction." If you don't
know what the word "sanction" means you can't possibly
understand government, because sanction is the word that describes
where the authority of government comes from.
Webster defines sanction as "an authoritative action that
confirms or ratifies a decision." Think about that. Sanction
implies that every decision requires an action of some kind that
proves the validity of that decision.
Now, in essence, government is nothing more and nothing less than
a series of decisions. In other words, all actions in reality
that we call actions of government begin with a decision. The
word sanction implies that the decision itself, even a decision
of government, requires an action of some kind before that decision
can be seen to be authorized: that's what Webster means by "an
authoritative action that confirms or ratifies a decision".
This idea that decisions have to be confirmed or ratified by an
action is as old as government itself. In the days of kings, sanction
was provided to the king's decision when the king pressed his
ring into the hot wax that sealed the document on which the decision
was inscribed. The symbolism of that action on the king's part
was a graphic demonstration of the meaning of the word sanction.
When the king pressed his ring into the hot wax sealing the document
on which his decision was written, the king was actually balling
up his fist and pushing it into the decision itself. It didn't
take a genius to figure out that the king was telling everybody
that the power behind the decision written on that particular
document was the power symbolized by the king's balled up fist.
In other words, the king was saying he personally would see to
it that any person who disobeyed the decision in the document
was beat into submission.
The problem the king was dealing with is the age old problem of
government: call it the problem of consent. Unless people granted
the king the right to be the author of decisions that people have
a duty to obey, the only way the king could get people to obey
his decisions was through brute force.
Everyone who has ever been involved in government knows government
is a meaningless word unless the decisions of government are obeyed
by everyone subject to government. Every government that has ever
existed on the face of the earth has known there are two ways
government can rule: by authority and by brute force.
Let's examine the way of authority first: Authority is the word
that describes the power that people grant government. Notice
that the word "authority" is very similar to the word
"author." There is a reason for this similarity: the
power we call "authority" is actually the power to be
the author of decisions. In other words, the power of authority
is the power to author--to write--decisions for other people.
The power of authority is a real power in reality because people
consent to obey the decisions made by those to whom authority
is granted. The power is seen when government decisions actually
move people to do things they did not independently decide--write--for
themselves.
For instance, there was a time in history when most everyone believed
kings received sanction from the author of governments to rule
people. Because the people believed the king had the right to
author decisions that people were obligated to obey, the king
was given authority by the people. An ax murderer might have the
power to force people to obey his will temporarily, but he would
never be seen to have authority because the people knew the ax
murderer had never received sanction from the author of governments
for his actions.
Here's an example of how authority functions: The king's ring
pressed a sign into the document containing his decision. Now
those who granted the king the right to make decisions for them
saw the king's insignia as sufficient evidence to obtain their
consent to obey the king's decision. The governed consented to
the fact that the king had the right to be the author of decisions
that must be obeyed. The king ruled those people by authority.
But what about those who refused to grant the king the right to
be the author of their decisions, the right of authority? For
those people, the king had a message, the message that lay behind
the insignia on the king's ring: the message in the king's balled
up fist.
The message in the king's balled up fist had real meaning because
the king was backed up by real power, the power represented by
the brute force of everyone who granted the king authority. It
was that brute force that was brought to bear on those who refused
to concede authority to the king.
Sanction is a word that includes in its meaning both of the two
possible alternative mechanisms through which government can occur.
A decision has meaningful legal sanction if that decision carries
with it both authority and the raw, brute force necessary to force
obedience from those who refuse to consent to the authority of
the author of the decision.
Are you beginning to see why the concept of sanction is the key
to understanding where authority comes from? Without the action
taken by the king to push his fist into the wax, the decision
written on the document would have no recognizable sanction that
could enforce obedience from everyone.
For another example of sanction, take the Constitution of the
United States. Sanction for the decisions contained within that
document was provided when the various states acted by ratifying
the document. Legal scholars today recognize that ratification
process as exactly equivalent to the king pressing his fist into
the wax. The elected Representatives of we, the people, committed
all the force, the brute power, of the people of the United States
of America to defend and enforce the message contained in the
document called the Constitution of the United States of America.
Therefore the document was perceived to have legal sanction, to
be law in the United States of America.
The point is that no decision, no matter whether it be by king,
Court, Congress, or whoever, can be seen to be authoritative without
some authoritative action that provides sanction to the decision.
In order to put the government of the United States into a meaningful
historical perspective, you've got to see how sanction was provided
that allowed the government of the United States to exercise authority.
Long before the Constitution of the United States was ever ratified--exactly
eleven years before to be exact--the government of the United
States of America received permission to exercise authority in
this nation.
That permission came in the form of a sanction, an authoritative
action that confirmed or ratified a decision. That sanction, the
insignia of the King that sealed the decision spelling out the
foundation for Law in the United States of America, was pressed
into the document containing that decision in the Revolutionary
War of the United States of America versus the Empire of Great
Britain. That sanction was provided in the verdict handed down
in the Court of Last Resort by the Author of governments in response
to a case brought before that Court by the Founders of the United
States of America. The brief for the Case that was brought by
the Founders and the American people was contained in a document
called the Declaration of Independence. When the real citizens
of the United States of America analyze that brief, they will
realize that they are looking at the foundation for the Law that
has authority over every citizen of the United States of America.
And when the real citizens of the real United States of America
realize what has happened to the Law in this nation, the real
citizens of the United States of America will grant authority
to those who are willing to enforce that Law in this nation.
If the people who live in this country refuse their consent to
that Law, there will be no alternative but to take the case back
to the Court of Last Resort. Those interesting in avoiding that
alternative must understand the real Law that presently rules
the real citizens of the United States of America.
DIFFERENT TYPES OF SANCTION
Our inability to understand exactly how the Declaration of Independence
received sanction that carried with it the full authority of Law
can be traced to the fact that we have been taught to assume that
the only sanction that can provide a government with legal authority
has to be provided by some type of elected assembly of the people.
Such is not the case.
We have been treating the subject of government as if the creation
of the government and the creation of the form of government were
one and the same process. That is a mistake. The creation of a
government is one thing; the creation of the form that government
will take is another. Each of these two activities requires a
different type of sanction.
Throughout the history of mankind, only one action has ever worked
to provide sanction for the decision to create a government. Now
this, I am convinced, is the precise point that we have all been
ignoring that has made it impossible for us to make sense of what
has happened to the government of the United States. How did the
decision embodied in the Declaration become sanctioned as law?
Let's look again at the Declaration: The Declaration is designed
to define what kind of government the Creator intends to exist
on this planet. The Founders declare that this government was
intended by God to be one created by the consent of the governed,
following the form the governed deemed fit to accomplish its purpose.
The Law being defined in the Declaration was a Law concerned not
with the form of government but with the creation of a new type
of government. It was that Law that was being declared in the
Declaration. In other words, the Declaration of Independence is
a proposal for the creation of a new type of government based
on a new definition of the plan of the Creator for government.
In theological terms, the Declaration of Independence is a definition
of exactly how God intends the ministry of the law to be carried
out (government by consent of the governed for the purpose of
protecting Creator-endowed rights, etc.).
Now the proposed form of government outlined in the Declaration
obviously met with some serious opposition from the king, et al.
For this reason, the signers of the Declaration called the document
a "Declaration" rather than a Law. They knew that their
declaration, in order to have the force of law, would have to
be tested. But they also knew that if their Declaration met the
test and was found to be an accurate analysis of the Creator's
plan for government that their Declaration would be fully sanctioned
and stand as Law with all the full authority that term stands
for.
The men who created this government took their decisions--their
self-evident truths about what God wants from government--to the
only Court on this planet that can actually rule on questions
related to the creation of a government. The Revolutionary War
fought by the Founders of the United States of America was a case
fought in the Court of Last Resort. And in that Court they made
their case before the Judge of nations, and the Judge of men's
souls. And the Judge ruled on the decision taken by those men.
His decision was revealed in the outcome of the proceeding. And
in that outcome sanction was provided to the decision taken by
the men who created the government of the United States of America.
Their decision became fully sanctioned as the Law for government
in this New World called the United States of America.
All else was simply formality. The ratification of the Constitution
of the United States was a formality because the Constitution
itself was a formality. The Constitution was a formality because
it concerned only the form that the government would take. The
reality--the government itself--had already been created and had
already been ratified. It had been ratified and confirmed by the
authoritative sanction received in the Revolutionary War. And
everybody in the United States understood it!
We have gotten in trouble because we have forgotten what was once
as plain to everyone in this nation as the nose on your face.
When this nation was young, everybody understood exactly where
the people got the right to write their own Constitution, they
understood precisely how they got the right to play governor:
God himself had sanctioned their right by allowing them to prevail
in the Court of Last Resort. People would have laughed in anyone's
face who tried to argue that sanction was derived from the consent
of the governed, or from the Constitution of the United States.
They all knew that this government had received sanction years
before the Constitution was even written. And they knew exactly
how that sanction had been provided: the King of Kings had pressed
His fist into wax warmed by torrents of human blood and thereby
sanctioned the decision outlined in the Declaration. Sure, we,
the people, "ordain and establish the Constitution of the
United States" but we did it with full knowledge that we
had received sanction to ordain and establish the form of government:
God Himself had sanctioned the creation of that government by
the decree He issued in the Court of Last Resort. And that decree
confirmed the ideas in the Declaration of Independence as Law.
But now historical fact has almost faded from view. People have
forgotten what is necessary in the creation of a government. But
that's not all the people of the United States have forgotten:
we have forgotten the very plan that was sanctioned as the grand
strategy that would guide this government in every action taken
by government!
How could such an awesome and potentially earthshaking lapse of
memory occur? Is it possible that two hundred years of life have
caused the United States of America to contact some virulent form
of Alzheimer disease that afflicts nations? Or is there another
explanation available, one that while not so simple and easy to
understand actually allows us to become equipped to participate
in implementing the only plan that can actually allow the government
of the United States of America to operate with real authority
on this planet?
There is such an explanation and you need to understand it if
you are a citizen of the United States of America.