BRIEF HISTORY OF SOVEREIGN IMMUNITY
Background - How I became aware of Sovereign Immunity
I am a victim of crime that are, as well, acts of treason against our Constitutions and Laws. The perpetrators of these acts were employed in positions of public trust at public expense. This is not simply an unsupported accusation. No. This is a well documented fact of public record and, as well, an adjudicated fact. That means these accusations were the subject of litigation. They were put to the test in our Courts and found to be the truth supported by evidence.
The multitude of government attorneys that have represented these miscreants of the worst kind, these traitor, have never bothered to deny that I was deprived of the inherent, inalienable, rights, and our supposedly “guaranteed” Rights our Constitutions and Laws were enacted to secure. No. At every turn their defense has been nothing more than a claim of 'absolute immunity' for the individuals involved and 'sovereign immunity' for their employing entity.
To the 'believers'
always has and always will be. But they are mistaken.
It has come and gone throughout the history of humanity.
Sovereign Immunity is not a fact of nature but a belief held by some. Beginning with the dawn of history it was, at various times in various places, the governing doctrine within an organized society. But I will limit the history herein to the part of the globe leading to our present day Texas. I begin with the the establishment of the Republic of Rome about 500 BC. Sovereign immunity holds that government, and those who act in the name of the government, are above the law. As in the phrase “the King can do no wrong”. By extension, any who act in the name of the King (What we now refer to as government). For a more detalied definition go to: Sovereign Immunity Defined
Very Brief History
No Sovereign Immunity: Republic of Rome, 500 BC until shortly before the birth of Jesus
- Sovereign Immunity: Empire of Rome followed by Dark Ages
No Sovereign Immunity: 1215, The Great Charter of Liberty
- Sovereign Immunity: Kings violated the Charter. Judges seeking his favor granted immunity.
NOTE: This was the source, the judicial precedent, later utilized by anti-American Attorneys and jurist in the United States, to base their claim that sovereign immunity is “common law”.
No Sovereign Immunity: Parliament established and uses its power to deny sovereign immunity
- Sovereign Immunity: King Charles refuses to be accountable to the Laws of Parliament
No Sovereign Immunity: 1642, the War of Parliament. King tried and executed for treason.
- Sovereign Immunity: The Royals regain control of government of England
No Sovereign Immunity: 1776,The Americans revolt against sovereign immunity.
- Sovereign Immunity: Texas, 1834, as part of Mexico under Dictator Santa Anna
No Sovereign Immunity: Texas, 1836 as an independent Country, a New Nation
Sovereign Immunity: United States, beginning in the 1970's, by decree of Judiciary
Beginning in the 1970's the incarceration rate (the percentage of the population in prison) in the United States began a dramatic rise that did not stop for the next 40 years. By the time it reached it's peak the United States, with less than 5% of the worlds population held 25% of all the incarcerated people on the planet. In Western Europe, and other Countries with a government bound and limited by a Constitution, in other words devoid of sovereign immunity, the incarceration rate is between 40 to 80 people per 100,000 in population. In the United States the rate rose to 800. A rate matched only by the Soviet Union prior to it's collapse.
The future can be predicted from a study of the past. What will be the results going forward? History predicts a future with an inevitable decline in progress and prosperity. Go to WHY? - How did it come to be? for understanding.
BRIEF BUT MORE MORE DETAILED HISTORY
To those who already have a knowledge of history they will notice something from the foregoing. What do you see when there was no sovereign immunity for the Emperor, King, or Dictator and, by extension, for those who carried out the functions of government? You see that the in the society where this legal doctrine was absent there was progress and prosperity. Where the doctrine comes into existence the decline in progress and prosperity is not immediate. It takes time, as in the fall of the Roman Empire. Decline and even a DE-evolution is the inevitable result. Humans became very primitive in the Dark Ages in comparison to their ancestors who lived in the former Republic of Rome. There followed several centuries of decline that followed the replacement of the Republic with an Empire under a Caesar (King / Kaiser / Czar).
Period between the end of the Republic of Rome and the Magna Carta of England
In most places (not all) and in most of the history before (not all) there was someone who ruled as King or Pharoah, or of some other title, over a people that formed a Society. The Ruler had sovereign immunity but for the potential assassinated for abusing their position of power. Sovereign immunity ceased to exist, was abolished, among the people known as Romans when they established a Republican form of Government with statues of Law.
Republic of Rome ends sovereign immunity
When the Republic of Rome was established the Law was carved into the stone used to construct the building that housed the Senate. In other words the Law became written and fixed. This replaced the arbitrary and capricious whim of the Ruler. It was what we refer to as a Constitution and Statutes (what was carved in a 'statue' of stone is now referred to as 'Statutes'.). The people of Rome were, as a Nation, the Sovereign. This made them Citizens. Rather than being subject to punishment by whatever the Ruler arbitrarily and capriciously said was 'The Law' they enjoyed the protection of the law.
Law for the purpose of Protection, rather than for Punishment
The Law protected them from the government of Rome or those who acted in the name of the government. None were above the law. None, not even those who acted in the name of the government, could claim sovereign immunity. All were subject to consequences for violating the law. Thus all were likewise protected by the Law. People no longer feared their Rulers and no longer feared the Law. Rather, they yearned for the Law and loved the Law. The Law was Liberation. It was Liberty!
The Republic is replaced with Empire. Sovereign immunity is restored
The Republican form of government came to an end following the assassination of Julius Caesar. As a very popular figure with the support of the military, Julius was able to flaunt the law. He could violate the laws that had been established in stone (in effect, the Constitution of Rome) and the Laws of the Senate. He was acting like a Dictator or what later would be referred to in the English language as King. In response the Senators joined together to assassinate Julius. Their effort had the opposite of the intended effect. Three Generals loyal to Caesar used the power of those loyal to them to abolish the Senate and assume control of the government. It was a military coup with one eventually becoming a Military Dictator. He claimed “I am now Caesar”. With it he claimed sovereign immunity for himself and all who acted under his direction.
Now the emperor, and all in government who served him, were above the law. The government no longer served the people of Rome. Rather the people were expected to serve government. Thereafter all who had been Citizens of Rome became Subject of the Emperor and all who acted in the name of the Empire. Thereafter all who assumed the position of Emperor declared “I am Caesar”. This word eventually evolved into the word “King” in the English language, or Kaiser in the German Language, and Czar in the Russian language. Law, and the protection of the law - Liberty- for citizens was abolished.
The Divine Right of Kings
With the end of the Republic a new, but similar, form of government replaced the empire that fractured as it declined. It is known as an absolute monarchy. All Monarchs were Military Dictators. All the people under the yoke of his Rule were feudal slaves with the exception of Nobles. Nobles were people the King gave titles in order to secure their loyal assistance in keeping the peasants devoid of Liberty, devoid of the protection of any Law. Nobles, by virtue of their title, enjoyed a large degree of sovereign immunity. A peasant could complain to a King, or to a Noble, about another peasant and ask for Justice. But a peasant could not complain to the King about an injustice by one titled as a Noble. This is why our US Constitution prohibits Titles of Nobility. Or, in other words, freedom from the consequences of the law by virtue of a position of employment in the government.
The church became powerful and would offer some sanctuary to peasants wronged by a King or his Nobles. The Church would impose some Law upon Kings. The Church, through the Priests, provided a Court for complaints. This is why our Judges today where the black robes of the priesthood. But the Kings opposed this and secured from the Pope a grant of what was known as “The Divine Right of Kings”. In other words, a grant of Sovereign Immunity from those who acted as the judiciary during the dark ages.
The end of the Dark Ages
The Divine Rights of Humans – sovereign immunity abolished
Sovereign Immunity, under the doctrine of the Divine Right of Kings, persisted until the age of enlightenment. This enlightenment, or the seeing of the Light, was the result of the invention of the printing press. Feudal slaves, the peasants, were becoming educated. They could read. And books, beginning with the Bible, were now printed with the press. This made books affordable, and available, to the masses. Minds were awakened and enlighten by reading the Bible.
Until this time the Church acted as the Judiciary. Only the Clergy could read the Bible. They, like Judges today, 'interpreted' the Bible in a way that kept the Kings and Nobles happy, and the peasants oppressed. The King would then allow the Priests to continue to operate in their land and collect tithes from the peasants. They told their parishioners that God had given the King the Divine Right to Rule as he wished. In other words, sovereign immunity. They said it was in the Bible.
But upon reading the Bible for themselves they began to see that this was not true. The Bible, as well as the word and acts of Jesus and the Apostles, revealed that each Human was made in the image of God and that each had Divine Rights that not even the King, or his Titled Nobles, could violate.
The Great Charter of
Liberties – AKA the Magna Carta
The printing press greatly accelerated the enlightenment of western Europe, or what we now refer to as Western Civilization. It brought back to the west the civilization that had been lost during the dark ages. But the beginnings of what was to come found it's genesis in the works of the philosopher and jurist St. Thomas Aquinas. (a 'jurist' as referred to herein, is someone who studies, analyses and comments on law) He lived around the same time the Great Charter of Liberties was established in England. This Charter was, in effect, a Bill of Rights for all Individuals in the realm of the Monarch of England. By this Charter the King, and the Barons, the titled Nobility, gave up any claim to immunity by virtue of their title.
As an example here is a clause 52 from the Great Charter. The “we” referred to is the King and the Barrons (The government of the day, the Rulers, the 'Sovereign').
To any man whom we have deprived or dispossessed of lands, castles, liberties, or rights, without the lawful judgment of his equals, we will at once restore these.
American and French Revolutions
The American Revolution was not an isolated event. The French Revolution began before and continued after until they, too, had a government conceived in Liberty with a Republican form for the purpose of preserving that Liberty. The Revolution spread and became worldwide. It continues today. People are still fighting for it in Countries that don't yet have the same foundation and system. People are fighting to regain it in Countries where it was established but then lost.
America without Americanism
Unfortunately – While the rest of the world has continued to move toward Americanism, in the land of it's birth we have lost it by decree of the judiciary with the acquiescence of Congress and the Legislatures of the States. And by a people that, as the Founders of Law in our Land predicted in their Declaration of Independence for Texas in their list of causes:
It has failed to establish any public system of education, although possessed of almost boundless resources, (the public domain,) and although it is an axiom in political science, that unless a people are educated and enlightened, it is idle to expect the continuance of civil liberty, or the capacity for self government.
Today the majority of people in Texas believe they live in a land of Liberty and Justice. But they cannot accurately define the terms. They are unaware of sovereign immunity or unaware of it's implications.
NEXT - WHY? How did it come to be?