Before the United States existed, there was no legal government. A group of representatives, acting "in the name and by the authority of the good people of these colonies," declared the independence of the colonies from the British Crown and the state of Great
Britain.
From the beginning, in the 1776 Declaration of Independence, the people were acknowledged as the source of authority, i.e. the sovereignty, which authorized the Declaration of Independence.
Next came the 1778 Articles of Confederation. The states that existed by the authority of the people, created those Articles while in Congress assembled. That didn't work as well as expected.
In 1787 the people themselves came forth "to ordain and establish this Constitution for the United States of America" [see Preamble]. On September 17th, 1787, the states held a convention, all those present unanimously joined in. [see last paragraph of U.S.
Constitution]
Therefore, in 1787, unanimous concurrence was achieved and the Constitution was born later to be ratified.
The Preamble defines the context in which the remainder of the Constitution must be interpreted. After the Declaration of Independence, but before the ordainment and establishment of the Constitution, the people of the United States pretty much handled their own affairs
using the common law. They were not subject to any higher authority other than the authority of the common Jaw as administered by the people themselves (self-governance). Although the states did exist, they only existed by the authority of the people. Every man and woman were collective sovereigns--and none had any subjects other than themselves and regulated only by God’s law. Upon declaring our independence, we all became sovereigns and members of the peerage
(nobility).
"The people of this State, as the successors of its former sovereign, are entitled to all the rights which formerly belonged to the King by his prerogative. Through the medium of their Legislature they may exercise all the powers which previous to the Revolution could have
been exercised either by the King alone, or by him in conjunction with his Parliament; subject only to those restrictions which have been imposed by the Constitution of this State or of the U.S."
Lansing v. Smith, 4 Wend. 9 - 1829
The enabling actions in the Preamble are significant because there is simply nothing in the use of those words to imply that the People relinquished any of their own power and authority. The People declared the law (ordain) without taking away from themselves the authority
to declare law again in the future. The People established the Constitution without taking away from themselves the authority to establish anything else in the future. In other words, the people gave birth to the Constitution without giving up any of their own power and authority.
What was before continues to be so today.
From the context of the Preamble, one may conclude that the laws of the United States do not apply to People. The People, as ordainers and establishers of the country are sovereigns of the country, may not be involuntarily subjected to the laws of the United
States.
Because of Amendment X ("The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people," the government has no authority, and cannot assume any authority over the People. Government powers may not reach beyond that which is constitutionally granted. In order for the government to
subject People to its law it is necessary for the People to relinquish their sovereignty. Sovereignty is a natural right, which cannot lawfully be relinquished involuntarily. The subject himself must accomplish any removal of sovereignty voluntarily.
