At the top is a "higher" or "highest" power, described by We the People as The Creator. (Level 1)
Next down is, at Level 2, the RWMEI, or Founding Fathers, who came to be called and known as We the People. We The People were possessed of all earthly power, which included certain inalienable rights (amongst which were the rights to life, liberty and the pursuit of happiness). With that earthly power, they had already created Constitutions for each of the States and hired the people to do the business of the state Constitutions, but these were pushed down the power pyramid when
We the People ordained and established the Constitution for all of the existing colonies/states, which became known as the Constitution for the United States of America, which Constitution is superior to, and controlling of, all the agents of that government. (Level 3)
Next comes the body of We the People of the United States (or RWMEISBS--Rich White Male European Invaders State By State) (Level 4), who hired/appointed people to do the daily work of governing federally; (Level 5), beneath which
Are the States/colonies, with their own already-in-place Constitutions. (Level 6)
Next comes We the People of the United States of America, and (Level 7), beneath which
Comes The People We Hire to Run Each State Day By Day (Level 8), and
Finally comes the level of individual Americans, or "just folks," or "People." (Level 9)
There is some chicken-and-eggedness about this, because 13 of the States chronologically preceded the United States.
But let's recapitulate, the tower of power (if you're into assonance,) or pyramid of power (for you alliterates), ordered by numbers is:
- The Creator/Higher Power
- We the People (RWMEI) of The United States
- The Constitution for the United States of America
- We the People of the United States of America, and
- The People We Hire To Run The United States Of America Day By Day
- The Constitutions of Each Of The States
- We the People of Each of Our Individual States, then
- The People We Hire To Run Each State Day By Day, then
- Just Plain People As Individuals, Sentient Hominids, or Just Us Folks, or "I"
Almost all of our governmental officials (elected or appointed) profess difficulty in keeping the multiple roles/powers of "people" in their thoughts at the same time, and simplify or compress this nine-layered Pyramid Of Power to a mere four [or even three] layers, entirely omitting We the People at Level 2, We the People at Level 4, and We the People at Level 7. And as a daily practice in these parlous times, they also leave out both The Constitution of the United States of America at Level 3 and all The Constitutions of Each of the States, at Level 7. And Level 1 is barely given lip service.
You can see how this compressed Power Pyramid turns the power of We the People into a mere "power of Just Plain Folks, the power of the individual, at the bottom of the heap.
- [The Creator/Higher Power--mostly given lip service only]
- The People We Hired To Run The United States Of America, and
- The People We Hired To Run The Individual States
- Just Plain People, or "Just Us Folks" as Individuals
This is why I started The Preamble Project--to uncompress and reinstate this original hierarchy.
Contrast the Preamble, with its We the People of the United States power, against the so-called "pledge", with its "I pledge" power-of-one-person power. This little magazine-subscription-drive sleight of hand (that's what the "pledge" was created for) has turned the power pyramid right on its head, with We the People going from Level 2 to Level 9. Not to put too fine a point on it, this is bovine waste product. The "pledge" also has nothing to do with our Constitution or our Representative Constitutional Republic. And such is the power of words, that if you continually recite that "I" am making a "pledge," you are reinforcing the notion that you are at Level 9, the bottom of the power pyramid. Whereas if you continually recite the "We" of the Preamble, you are reinforcing the notion that you are at Level 2, or seven levels above your Individual Self.
I humbly suggest that the so-called "pledge" thus has no legitimate rule to play in our form of government or in our society, and should be expunged, deleted, repealed forthwith, to be replaced in all cases, in law and in practice, by the recitation of the Preamble to the Constitution of the United States of America.
That is the goal of The Preamble Project. I urge you to join me in working to achieve that goal in the daily practice of schools, of local, state and federal governments, and of local, state and national civic and social organizations.
Please consider as a final point not contained within the Preamble, Amendments Nine and Ten of the Bill of Rights. The Ninth and Tenth Amendments are a "reminder" that the Constitution is a document that EXPRESSLY DELEGATES the powers "given up," and that there are no "unenumerated implied powers" of government hidden away in the Constitution
The Ninth Amendment reads: The enumeration in the Constitution of certain rights, shall not be construed to deny or disparage others retained by the People. This immediately raises the question, Retained what other rights? Answer: All other rights not expressly delegated. Examples of rights delegated to the federal government: The right to establish our own private currency, or the right to execute peace treaties with other nations. Unenumerated retained rights are the right to control our own bodies, to eat and drink whatever we will, the right to define our own relationships with other individuals (as opposed to nations); the right to own our own electro-magnetic emanations, and privacy in general, the right to develop and use whatever power sources we wish, the treatment of our air, water, earth, sky and electromagnetic emanations of the planet as the Commons of We the People without governmental let or hindrance. You can make your own list. (Judges seemingly refuse to do so.
The Tenth Amendment brings in the states again, along with We the People. It reads: The powers not delegated to the United States by the Constitution, nor prohibited by it [the Constitution] to the States, are reserved to the States respectively, or to the people. This means simply that the States reserve any and all powers not expressly delegated to the national government or powers not expressly prohibited by the Constitution, belong either to the states or to the People. As examples of We the People's Retained Powers, I would suggest: The power to create People's Grand Juries to investigate where national and state governments refuse to investigate, similar to Mandamus proceedings, in which a person petitions that a court "mandate" an instrumentality of government to do its delegated job. The significant distinction in "reserved powers" is that We the People would, in this case, be using our Level 2 powers, rather than Level 9 powers.
There are two significant areas presently recognized where We the People use our Level 2 powers: Petit Jury and Grand Jury Nullification, so-called. In the case of Petit Juries, or juries selected to consider a single case, when a jury is called and the Foreman of the Jury elected, that jury takes over the case. Judges like to say, incorrectly, that they determine the law, and the jury only determines the facts. Actually, the Jury can exercise its Level 2 power to find a defendant not guilty based on facts, to find a law unconstitutional in this one case, to hold a judge or other court officer for contempt of court.
In the context of Grand Juries, once it is empaneled and the Foreman elected, the Grand Jury takes over the case. The Grand Jury can (and has in some instances), held prosecutors and even the judge in Contempt. The Grand Jury can subpoena its own witnesses, along with their documents, and issue its own search warrants. The Grand Jury can ask its own questions of witnesses, etc. When Grand Juries exercise their Level 2 power, the "establishment" (Levels 5--federal, and Level 7--state) characterizes them as "Runaway Grand Juries." The occurrences are usually notable because citizens are neither taught nor told that they have Level 2, or supra-Constitutional, powers.
Note: I use the term Rich White Male European Invaders because a reading of the late Howard Zinn's A People's History of the United States: 1492 to the Present described the arrival of the Europeans hunting for gold in invasionary terms, in terms of rape, pillage and genocide, starting with the Arawak Nation(s) in the Caribbean, and moving ever westward, slaughtering the indigenous peoples of South, Central and North America, including Canada(?), Indochina, the Philippines, and may eventually go full circle with the capture and occupation of Great Britain and everything in between. If We the People let it happen.