Allegiance and Protection in Perspective
One of the most important components of our Republic is that of Allegiance and Protection. It is the great fire wall that protects our Liberty.
Allegiance and Protection is an ancient, inherent principle of sovereignty. It defines the mutual obligations between a sovereign and the sovereign’s subjects / citizens. It is best described as a relationship. A relationship that only the sovereign may sever.
It is noted at least three times by the Apostle Paul[i], three times in the Declaration of Independence [ii] and it is the “allegiance” you refer to when you say “I pledge allegiance to the flag . . .” and has been recognized by the Supreme Court in many cases[iii].
Under Allegiance and Protection the sovereign owes the subject its protection no matter where the subject travels. This is what gives rise to a nation’s authority and standing to intervene upon its subjects behalf if the subject is being mistreated in or by another nation. This protection was a protection of rights (such as they were), from foreign invasion and from general lawlessness.
For this Protection the subject owed the sovereign their utmost in loyalty and fidelity. This meant if the sovereign was attacked they were obligated to come to the sovereign’s aid, to pay taxes, to fight in the sovereign’s army, to serve in its militia, to be ready to come to the call of the posse comitatus and to obey moral laws.
James Madison referred to this duty in the Virginia Resolution of 1798.[iv]
Unless one is under Allegiance they cannot commit the crime of treason as the violation of Allegiance is the substance of this crime.
This principle was incorporated into the Republic via each of the sovereign states which they each retained. It is an important check on the central government, that in Washington D.C., and its standing army. The Militia was left in the hands of the states to exercise this principle if necessary. Of course, the states no longer have this protective mechanism in place.
The States have a duty to interpose any time anything or anyone threatens our rights, including our right to “Life, Liberty” and property. If a hostile band of Canadians unexpectedly sweep down from the north to conquer and pillage, the states have a duty to stop those wild-eyed Canadians.
They have a similar duty to stop the general government from “infringing” upon our right and duty to be armed, to stop it from regulating our personal property rights out of existence, or from indefinitely “detaining” us without a warrant based on probable cause issued by an independent judge.
-Richard D. Fry, General Counsel, Patriot Coalition
[i] Acts 16;16-38 Acts 22: 22-29 Acts 23:12-32 (Allegiance & Protection in the Bible)
[ii] Declaration of Independence,
“We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.–That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed… He has abdicated Government here, by declaring us out of his Protection and waging War against us…” (See: Declaration of Independence)
[iii] Minor v. Happersett, 88 U.S. 162, 165, 21 Wall. 162 (1874), Elk v Wilkins 112 U.S. 94 (1884), Luria v. United States, 231 U.S. 9 (1913), Reid v. Covert, 354 U.S. 1,6 (1957)
[iv] “That this assembly most solemnly declares a warm attachment to the Union of the States, to maintain which it pledges all its powers; and that for this end, it is their duty to watch over and oppose every infraction of those principles which constitute the only basis of that Union, because a faithful observance of them, can alone secure it’s existence and the public happiness.
That this Assembly doth explicitly and peremptorily declare, that it views the powers of the federal government, as resulting from the compact, to which the states are parties; as limited by the plain sense and intention of the instrument constituting the compact; as no further valid that they are authorized by the grants enumerated in that compact; and that in case of a deliberate, palpable, and dangerous exercise of other powers, not granted by the said compact, the states who are parties thereto, have the right, and are in duty bound, to interpose for arresting the progress of the evil, and for maintaining within their respective limits, the authorities, rights and liberties appertaining to them.” (See: Virginia Resolution of 1798 , Elliot’s Debates, Volume IV, page 442).
Without an understanding of ‘allegiance and protection’ one cannot be an effective citizen nor is one competent to hold public office. It is not sufficient, but is necessary, for the preservation of the republic as established by the Framers.