Preamble Religious Intent
The Word "ordain" as used in the Preamble also had relevance, "do ordain" imparted the religious significance required to bring the document within the purviews of Henry's Statute of Uses, Elizabeth's Statutes of Charitable Uses and the Statutes of Mortmain, as to make The Constitution a valid, legal document under the English Laws.
B. Blacks Law Dictionary: Ordain ...***...To confer on a person the holy orders of priest or deacon. Establish ...***... Found.
C. Webster's 1828 Dictionary: Ordain v. To set; to establish a particular office or order; hence, invest with ministerial function or sacerdotal (priesthood) power; to introduce and establish or settle in the pastorale office with the customary forms or solemnities; as to ordain a minister of the gospel.
(1) In America, men are ordained over a particular church and congregation or as evangelist without the charge of a particular church, or as deacons in the episcopal church.
Strange as it may sound, the word "ordain" conveys the idea, to this writer, that the Founding Fathers were attempting to show the King of England that they were performing ministerial functions, had established a religious society, and an estate in trust for the members of that society under The Statute of Uses, Statute of Charitable Uses, and Mortmain. This line of thought was upheld, when this writer was researching this document, by the fact that the only place that the word "Constitution" appeared under any subject(18) was Religious Societies.
D. 66 Am Jur 2d Religious Societies
1. '7 Constitution, rules, and regulations. The Governing body of a religious society may adopt a constitution and prescribe rules and regulations as to the government of the society...***...
2. '8 Amendment of constitution, changes in confession of faith: So long as not contrary to the laws of the land or to the provisions of the society's old constitution, the method of submitting proposed amendments to the constitution of a religious association may be devised and proclaimed by the association's general officers.
3. ' Members, Generally; relationship and rights: The relations, rights, and obligations arising from membership in a religious society are to be determined according to the constitution, rules, or bylaws of the society, as well as by reference to the statutory provisions governing such religious bodies, since all who unite themselves to a religious body do so with an implied consent to its government and are bound by its laws, usages, and customs, and principles,...***...
True, while there are other organizations that do maintain "constitutions", the religious overtones and significance found within the Preamble, coupled with the behaviorism of the United States Government as compared to the workings of a religious societies, tells this writer that the Founding Fathers were creating a Religious Society by way of Express Trust, a society whose members could worship in any manner that pleased them and were still heirs to a feesimple absolute estate. If this be the truth of the matter, you are a member of a religious society and "bound by its laws, usages, and customs and principles". And I have never found a better description and definition of the words "PUBLIC POLICY" anywhere else. However; if as a member of this religious society, you are having Fourteenth Amendment citizenship being imposed upon you, not allowing you to access the Express Trust, then could you possibly see that your freedom of religious affiliation is being denied you?(19)
If you have a problem with the possibility of a Religion being established in the Preamble, Trusts and Trustees by Bogert, shows that religion can mean many different things:
4.The word "religion is not a term of exact meaning. It has been defined as:
a. "the endeavor to secure the conservation of socially recognized values through specific actions that are believed to evoke some agency different from the ordinary ego of the individual, or from other merely human beings, and that imply a feeling of dependence upon this agency;(20)
b. "the serious and social attitude of individuals or communities toward the power or powers which they conceive as having ultimate control over their interests and destinies;(21)
c. "faith in the conservation of values;(22)
d. "the worship of spiritual beings from a sense of need;(23)
e. "any system of faith in and worship of a divine being or beings.(24)
Whether a given set of dogmas or rules will be dignified with the name of a religion by a court does not depend upon the name which the settlor has placed upon his trust. ...***...It would seem that the court must find some element of spiritual improvement in the plan before it can be properly termed a religion. 66 Am Jur 2d Religious Societies, also revealed other interesting features regarding the Trusts of such societies:
5. '48 Determination of nature and existence of trust: In determining whether a trust has been created by a conveyance of property to a religious society, the same rules will be applied as are applicable in the construction of wills. The deed, if any, creating the trust is the primary source for ascertaining what was the form of worship and the doctrine intended by the foundation. Where there is no specific designation in the deed as to the particular religious tenets or doctrines which the gift is to be used to advance or support, the denominational name may indicate the nature of the trust, so far as respects doctrines admitted to be fundamental.
Please take note that "the same rules will be applied as are applicable in the construction of wills" to a trust created by deed, this is very important. The construction of "wills" is being applied to our trust, to the Articles, and to the Amendments. The Government is applying the Fourteenth Amendment as a will provision based upon this construction, and not knowing any better everyone is going along with it. No one has brought up the fact that it is a trust and deed. Whenever there is a deed mentioned in a conveyance, wills go along in the same breath, they go hand in hand.
If the Founding Fathers intent behind the Preamble, was to create a Religious society in trust by deed, whose members were free to worship as they wished, they made it perfectly clear in the First Amendment to the Constitution. Not the last, the first. Religion was foremost on their minds, and I am absolutely convinced that a charitable trust to protect religious beliefs, by deed was created in the Preamble. However; the Statute of Charitable Uses (43 Eliz. c 4, 1601) only recognized trusts for the repair of churches not the creation of a church, but that does not mean that the Founding Fathers couldn't get around that little problem by making the trust appear to be something other than what it was.
18. , Corporations, trusts, wills, deeds, charities, Religious Societies, Estates, Dower and Curtsy, Title 26, Title 31, etc.
19. Great Theory, now let's get out there and prove it.
20. " W.K. Wright, Philosophy of Religion, P. 47.
21. " J. B. Pratt, The Religious Consciousness, P. 2.
22. " H. Hoffding, Philosophy of Religion, P. 98.
23. " Menzies, History of Religion.
24. " Century Dictionary
Points & Authorities :
- What's This All About
- Preamble Explained
- Inheritable Property
- Trusts in General
- Trusts by Operation of Law
- Preamble Religious Intent
- Constructive & Spendthrift Trusts
- Rules under a Spendthrift Trust
- Breach of Trust
of a Trust
- Doctrine of Election
- Common Law Social Security
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