1. Republic vs. Democracy
- Republic: In a true republic, the government is bound by a constitution that protects individual rights. The rule of law governs, not the will of the majority. In a republic, representatives are chosen to uphold the law and protect the natural rights of individuals. The key principle is the sovereignty of the individual within constitutional boundaries.
- Democracy: In a democracy, decisions are often made based on majority rule, where the majority can impose its will on the minority. Democracies, particularly in a pure form, can risk becoming a system where the rights of individuals are subject to public opinion or political trends.
The United States was originally founded as a constitutional republic, where the Constitution sets forth the framework of law, safeguarding inalienable rights rather than bending to popular votes alone.
2. Swearing into Office: Republic vs. Fiction
When an official assumes office, the critical question is:
- Are they swearing an oath to uphold the Constitution of the Republic and protect the rights of individuals under common law?
- Or are they swearing an oath to serve a corporate fiction or administrative entity, which often operates under statutory codes rather than constitutional principles?
If a person has already sworn into office before the inauguration by pledging allegiance to uphold the Constitution as required by the Republic, any subsequent swearing-in “ceremony” to a different authority (the public fiction) may be seen as a departure from constitutional governance. This second ceremony often ties the officeholder to statutory law and administrative functions rather than true constitutional duties.
ARTIVLE IV, Section 4 of the Constitution of the United States:
The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened) against domestic Violence.
3. Public Office vs. Corporate Fiction
- True Constitutional Office: When one swears to the Republic, they become a guardian of constitutional principles and natural rights. Their authority derives from lawful governance rather than administrative codes.
- Public (Corporate) Fiction: Swearing into the fiction effectively shifts the official’s allegiance from the Constitution to the corporate version of government (sometimes referred to as the “public office”), which operates under statutory law rather than constitutional law. This form of governance treats individuals as “persons” (legal fictions) rather than sovereign beings.
4. Legal Implications
By taking a second oath, an officeholder could be seen as abandoning their role as a constitutional representative and instead becoming an administrative officer for the corporate state. This aligns with:
- The principle that a corporation, as a legal fiction, requires contractual allegiance.
- The understanding that a “fiction” cannot engage directly with a living man or woman, only with their legal persona (ens legis).
- The distinction that no person can be compelled into a contract they did not willingly, knowingly, and intentionally enter into, per UCC § 1-308.
Conclusion
If one has already taken an oath to the Republic, taking a second oath to the “public” (fiction) is redundant and signifies a shift from constitutional governance to corporate/statutory governance. This duality creates the illusion of holding a legitimate office while in reality, the official becomes a functionary within an administrative structure that serves statutory and commercial interests rather than the people’s rights under the Constitution.
