2. Oaths, Allegiance, and Separation of Powers

2.1 The Foundation of Sovereignty: Oaths of Allegiance

Sovereignty is maintained and recognized through the solemn oaths of allegiance sworn by individuals and public officers. These oaths establish the lawful boundaries of authority and allegiance between sovereigns and their governments.

• Natural persons—the true sovereigns—should not swear allegiance to any government because doing so places them under that government’s jurisdiction, thereby surrendering their inherent sovereignty. This principle is supported by Matthew 5:33-37, which instructs Christians against swearing oaths, emphasizing truthfulness without external compulsion.

• Public officers of both state and federal governments swear oaths to support and defend the Constitution of the United States against all enemies, foreign and domestic. Failure to uphold this oath constitutes perjury and breach of trust, warranting removal from office.

2.2 Separation of Powers and Conflicts of Allegiance

A fundamental principle of American constitutional governance is the separation of powers among distinct sovereignties and branches of government. This doctrine forbids:

• Holding oaths to two different sovereigns or “masters” simultaneously;

• Serving in public offices requiring allegiance to conflicting jurisdictions.

For example, the California Constitution, Article 7, Section 7, prohibits individuals holding lucrative office under the United States or another power from simultaneously holding a civil office of profit within the state government. This prevents conflicts of interest and preserves sovereign integrity.

2.3 Constitutional Mandate for Republican Government

Article 4, Section 4 of the U.S. Constitution mandates that:

“The United States shall guarantee to every State in this Union a Republican Form of Government…”

A Republican form of government is defined as one based on individual rights exercised through representatives elected by the people. The Separation of Powers Doctrine is integral to protecting these rights from federal or state encroachment.

Violations of this principle—such as federal or state governments offering franchises, licenses, or privileges that erode sovereignty or impose unlawful authority—are unconstitutional and undermine the republic.

2.4 Limits on Federal and State Powers Regarding Franchises

• The federal government cannot offer franchises or licenses to states of the Union or to natural persons domiciled within sovereign states unless on federal territory. Such offers are considered an unlawful usurpation of rights.

• Likewise, state governments may not offer franchises or privileges to persons domiciled within the state who are not on federal territory, preserving individual sovereignty.

For a detailed study on how franchises have been misused to erode the separation of powers and enslave the people, see:
Government Instituted Slavery Using Franchises, Form #05.030 at http://sedm.org/Forms/FormIndex.htm

2.5 Jurisdictional Hierarchy and Sovereign Consent

Sovereignty follows a hierarchical order, and any attempt by a higher sovereignty to control a subordinate sovereignty must do so through the subordinate itself acting as conduit or agent.

Moreover, sovereigns may voluntarily relinquish limited portions of their sovereignty downward (to subordinate entities) but cannot consent to enlarging powers upward or beyond constitutional enumeration.

For instance, under the Buck Act (4 U.S.C. §§105-111), certain tax enforcement authorities are granted to federal “States” (territories or possessions), but this does not extend to the sovereign states of the Union, preserving their constitutional independence.

2.6 Conclusion

Oaths of allegiance define and limit governmental authority, ensuring that sovereignty remains with natural persons and states, while governments act within their constitutional boundaries. The doctrine of separation of powers, protected by the Constitution, guarantees a republican form of government where individual rights and sovereign authority are respected and preserved.

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