As we have discussed in previous parts, in the constitutional system of the Union a constitution establishes a municipal government or corporation. As we know, these constitutions have been altered by the 14th Amendment. They now maintain an insurgent system that...
...operates in the model of the Roman Civil Law system which styles Americans to be Roman Citizens
Like the federal constitution, a state constitution sets forth how a government is to operate, and its limitations. In general, it establishes the three branches of government:
• The Executive Branch
• The Legislative Branch
• The Judicial Branch
Conversely, unlike the federal constitution which deals with special matters such as international law, state constitutions maintain a true limitation on what the government can do in regard to...
....the right of a subject (lawful national). People that are citizens of the United States lack access to the general limitations of their state constitutions. As we have covered earlier, they are treated as persons (United States persons) and are subject to the will of...
...the insurgent state legislatures. One that has corrected his nationality is immune from these whimsical legislative acts.
To understand the scope of limitations on the state government and the expansion of its power in regard to matters that are grounded in public law,...
....STUDY YOUR STATE CONSTITUTION BEFORE 1860.
Appended issues will be covered in a more in-depth study in the section noted as - The Law of Persons
The Law of Persons
The Issue of 'persons' is deeply rooted in the Roman law. This law was the way that the Roman Empire...
.... setup to mange its people. But more importantly, the Law of Persons is how the state is established and how the government or the municipality it is to interact with people.
The above noted factor is a key issue in understanding who 'IT' is and who YOU are.
This is of paramount importance so that proper interaction with 'IT' may be properly maintained by YOU. in view of such facts as noted throughout this treatise - the common law system of the American republics stands apart from the current Roman law system that is in...
...place via the 14th Amendment. This rules that apply to the Law of Persons are no doubt in place, but have extended into the realm of private law.
Sohm's- Law of Persons
Because the system of law for the American republics is grounded in the Roman law system, it is...
...obligatory that we cover this issue. To best illustrate this facet of law we have to examine the roots of it. There have many studies on the Roman Civil law. One of those studies was put together by a law professor by the name of Rudolph Sohm.
...of private law, means to be capable of holding property, of having claims and liabilities, A person, then, in the sense of private law, is a subject endowed with proprietary capacity.
We distinguish, in the sense of private law, two kinds of persons:
1. Natural person: a human being with proprietary capacity.
2. Juristic person: a subject with proprietary capacity (e.g. the state, a municipality).
All rights ultimately center in human beings. Source: The proprietary capacity of a human being does not commence till he...
...is actually born. The legal maxim: 'nasciturus pro jam nato habetur quoties de commodo ejus agitur', merely means that the legal capacity of the natus is sometimes determinded by referring back to a time when he was still nasciturus. Thus an inheritance is kept open...
...for the nasciturus so as to make it vest in the natus, in the same way as though he had been already actually born at the moment of devolution). But it is sometimes desired - for definite purpose - e.g., for the purposes of the state or a community - to withdraw...
...certain property from the arbitrary disposition of individuals. It is therefore assumed to vest in an invisible subject; in other words, in a 'juristic' or 'moral' person.
1) Corporations, i.e., aggregates of persons which are endowed with proprietary capacity...
...( e.g, the state, a municipality, a university).
2)Foundations, i.e., institutions with proprietary capacity, e.g., a hospital to which proprietary capacity, e.g., a hospital granted proprietary capacity).
The conception of a 'juristic person' was unknown to...
...the earlier Roman law. The jus privatum was throughout a law for the individual only and hence - as far as the old private law of Rome was concerned - there could be no subject of rights and duties other than a natural person, i.e., an individual.
Credit: The Red Amendment Text Book.