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[quote author=24293F252926480 link=1232477183/0#0 date=1232477183]Below is the Supreme Court in Thorington v Smith describing the new governmental system under the Fourteenth Amendment. The Thorington court refers to the United States as a national government. This is an opinion and is that of someone that is putting a spin on something that is not factual. Of course, the court put its spin on the governments of the South being de facto; however the court also refers to the United States as a national government, which in strict sense it is not. Each state in the Union maintains a national government which some of their rights under international law are transferred to the government of the federation, or the "United States". In strict sense the "United States" is not a national government; it only acts as such in certain cases: It is a federal government. Wherefore, the definition below fits the current state governments under the Fourteenth Amendment: [b]GOVERNMENT DE FACTO[/b]: A government of fact. 1. A government actually exercising power and control, as opposed to the true and lawful government; a government not established according to the constitution of the nation, or not lawfully entitled to recognition or supremacy, but which has nevertheless supplanted or displaced the government de jure. 2. A government deemed unlawful, or deemed wrongful or unjust, which, nevertheless, receives presently habitual obedience from the bulk of the community. 3. There are several degrees of what is called “de facto government”. Such a government, in its highest degree, assumes a character very closely resembling that of a lawful government. • This is when the usurping government expels the regular authorities from their customary seats and functions, and establishes itself in their place, and so becomes the actual government of a country. • The distinguishing characteristic of such a government is that adherents to it in war against the government de jure do not incur the penalties of treason; and, under certain limitations, obligations assumed by it in behalf of the country or otherwise will, in general, be respected by the government de jure when restored. 4. Such a government might be more aptly denominated a “government of paramount force,” being maintained by active military power against the rightful authority of an established and lawful government; and obeyed in civil matters by private citizens. 5. They are usually administered directly by military authority, but they may be administered, also, by civil authority, supported more or less by military force. Get The Red Amendment for the details. Download a sample chapter of the book at [url]http://www.pacinlaw.us/pdf/Red_Amendment_Promo.php[/url] Thorington v Smith : [url]http://supreme.justia.com/us/75/1/case.html[/url] [/quote]
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