I am also taking from Black's, minus the extra stuff such as pages and case references, and please excuse my heavy-handed chopping of quotes. The first thing I find is circularity, which is inadmissable. First definition of state is people, and then first definition of people is state.
STATE - A people* permanently occupying a fixed territory bound together by common-law habits and custom into one body politic exercising, through the medium of an organized government, independent sovereignty and control over all persons and things within its boundaries, capable of making war and peace and entering into international relations with other communities of the globe.
-In its largest sense, a "state" is a body politic or a society of men.
-The section of territory occupied by one of the United States.
-One of the component commonwealths or states of the United States of America.
- - - Black's Law Dictionary, Sixth Ed., p.1407
PEOPLE. A state; as the people of the state of New York. A nation in its collective and political capacity.
In a more restricted sense, and as generally used in constitutional law, the entire body of those citizens of a state or nation who are invested with political power for political purposes, that is, the qualified voters or electors.
The word "people" may have various significations according to the connection in which it is used. When we speak of the rights of the people, or of the government of
the people by law, or of the people as a non-political aggregate, we mean all the inhabitants of the state or nation, without distinction as to sex, age, or otherwise. But when reference is made to the people as the repository of sovereignty, or as the source of governmental power, or to popular government, we are in fact speaking of that selected and limited class of citizens to whom the constitution accords the elective franchise and the right of participation in the offices of government.
So in the restricted sense generally used in constitutional law, the people are: citizens!
NOTE: "The people ..." is a reference to those subject citizens who initiated or submitted to the terms of the compact / constitution. It cannot refer to those who DID NOT CONSENT.
"Pursuit of happiness" is a euphemism for private property ownership. One cannot "pursue happiness" on another's property without their consent. Ergo, to have a RIGHT to pursue happiness, one must be on one's own private property.
Here I believe the original wording was simply "pursuit of property". But
why should we euphemize when this should be in clear, plain language? What I am finding so far from this standardized dictionary is that the meanings are altered from general usage (where a people or a nation is a culture), and not only that, it is totally conflated within itself. From a scientific point of view, at least, definitions cannot be circular, and you cannot use interchangeable synonymous terms and then mean them in a "special case" without specifying the case.
In the article on natural rights, it explains that Jefferson was influenced by LOCKE:
https://en.wikipedia.org/wiki/Life,_...t_of_Happiness
In 1689, Locke argued in his Two Treatises of Government that political society existed for the sake of protecting "property", which he defined as a person's "life, liberty, and estate".
This showed up here:
" That all men are by nature equally free and independent and have certain inherent rights, of which, when they enter into a state of society, they cannot, by any compact, deprive or divest their posterity; namely, the enjoyment of life and liberty, with the means of acquiring and possessing property, and pursuing and obtaining happiness and safety."
— Virginia Declaration of Rights
Benjamin Franklin was in agreement with Thomas Jefferson in downplaying protection of "property" as a goal of government.
(I suspect that they did not want to antagonize non-property owners, hence the euphemism)
Sec. 2. Sovereignty of the people.
All political power is vested in and derived from the people; all government of right originates from the people, is founded upon their will only, and is instituted solely for the good of the whole.
NOTE: Though sovereignty is derived from the people (sovereigns), those who SERVE in government or are probationary servants (citizens) are SUBJECTS.
We have just found that, in constitutional law, people = citizens.
[WHICH REFERS BACK TO THE DEMOCRATIC FORM]
SOVEREIGN. A person, body, or state in which independent and supreme authority is vested; a chief ruler with supreme power; a king or other ruler with limited power.
SOVEREIGN IMMUNITY OF STATE FROM LIABILITY. Exists when the state is engaged in a governmental function.
SOVEREIGN PEOPLE. The political body, consisting of the
entire number of citizens and qualified electors, who, in their
collective capacity, possess the powers of sovereignty and exercise them through their chosen representatives.
[This is a reference to a democratic form]
SOVEREIGN RIGHT. A right which the state alone, or some of its governmental agencies, can possess, and which it possesses in the character of a sovereign, for the common benefit, and to enable it to carry out its proper functions; dis-
tinguished from such "proprietary" rights as a state, like any private person, may have in property or demands which it owns.
Sec. 3. Internal government of the State.
The people of this State have the inherent, sole, and exclusive right of regulating the internal government and police thereof, and of altering or abolishing their Constitution and form of government whenever it may be necessary to their safety and happiness; but every such right shall be exercised in pursuance of law and consistently with the Constitution of the United States.
NOTE: This is another reference to CITIZENS interacting in a democratic form. Not applicable to the republican form.
I must ask: is the republican form in any way related to this constitution, if, in constitutional law, people = citizens?
NO.
The republican form existed BEFORE the Articles and the Constitution.
REPUBLICAN GOVERNMENT. . . The fourth section of the fourth article of the constitution, directs that "the United States shall guaranty to every state in the Union a republican form of government." The form of government is to be guarantied, WHICH SUPPOSES A FORM ALREADY ESTABLISHED, and this is the republican form of government the United States have undertaken to protect.
- - - Bouvier’s Law Dictionary, 6th edition, 1856
For example, if you're robbed, you don't file a complaint with the legislation. You file a complaint with the SHERIFF (or other official), who then acts as YOUR representative in seeking justice. If in a foreign country, the ambassador is your representative who aids you in securing rights.
As a tangent, in terms of how a court operates justice and how the sheriff will not even attempt to initiate the process: one time my house was broken into. I was very certain that I knew who did it, and when the sheriff got me to say that the person had prior access (been inside with my permission), they were unable to prosecute based on forensics (i. e., the person would basically have to confess). They had recently attempted to prosecute a break-in where the person had cut themselves and left several, perfectly good bloody fingerprints--but this evidence would not stand, because the person had prior access (!).
NOTE: the term "persons" may include corporations - for issues involving corporations. In this context, it's a reference to human beings.
I gather that in statutes, corporations are persons, but in acts, only humans are persons--but see what they say re the 14th amendment, which is an act, no? Nothing in that context would suggest it applied to artificial persons.
PERSON. A man considered according to the rank he holds in society, with all the right to which the place he holds entitles him, and the duties which it imposes.
Term may include artificial beings, as corporations...under statutes, forbidding the taking of property without due process of law and giving to all persons the equal protection of the laws...Corporations are "persons" as that word is used
in the first clause of the XIVth Amendment. But a corporation of another state is not a "person" within the jurisdiction of the state until it has complied with the conditions of admission to do business in the state.
It has been held that when the word person is used in a legislative act, natural persons will be intended unless something appear in the context to show that it applies to artificial persons, but as a rule corporations will be considered persons within the statutes unless the intention of the legislature is manifestly to exclude
them.
A county is a person in a legal sense, but a sovereign is not.
A person is such, not because he is human, but because rights and duties are ascribed to him. The person is the legal subject or substance of which the rights and duties are attributes. An individual human being considered as having such attributes is what lawyers call a natural person.
NATION. A people, or aggregation of men, existing in the form of an organized jural society, usually inhabiting a distinct portion of the earth, speaking the same language, using the same customs, possessing historic continuity, and distin-
guished from other like groups by their racial origin and characteristics, and generally, but not necessarily, living under the same government and
sovereignty.
The words "nation" and "people" are frequently used as synonyms, but there is a great difference between them. A nation is an aggregation of men speaking the same language, having the same customs, and endowed with certain moral qualities which distinguish them from other groups of a like nature. It would follow from this definition that a nation is destined to form only one state, and that it constitutes one indivisible whole. Nevertheless, the history of every age presents us with nations divided into several states. Thus, Italy was for centuries divided
among several different governments. The people is the collection of all citizens without distinction of rank or order. All men living under the same government
compose the people of the state. In relation to the state, the citizens constitute the people; in relation to the human race, they constitute the nation. A free nation is one not subject to a foreign government, whatever be the constitution
of the state ; a people is free when all the citizens can participate in a certain measure in the direction and in the examination of public affairs. The people is the political body brought into existence by community of laws, and the people may perish with these laws. The nation is the moral body, independent of political revolutions, because it is constituted by inborn qualities which render it indis-
soluble. The state is the people organized into a political body.
In American constitutional law the word "state" is applied to the several members of the American Union, while the word "nation" is applied to the whole body of the people embraced within the jurisdiction of the federal government.
Not always the case - - -
Under the subsection: CONSTITUTION
Sec. 4. The guarantee of a republican form of government to every "state" means to its people and not to its government: Texas v. White. 7 Wall. (U. S.) 700, 19 L. Ed. 227.
- - - Bouvier’s Law Dictionary, 8th ed. (1914),P.635
In this instance, state = people.
INHABITANT. One who resides actually and permanently in a given place, and has his domicile there. The words 'inhabitant,' 'citizen,' and 'resident,'
as employed in different constitutions to define the qualifitations of electors, mean substantially the same thing; and one is an inhabitant, resident, or citizen at
the place where he has his domicile or home. But the terms "resident" and "inhabitant" have also been held not synonymous, the latter implying a more fixed
and permanent abode than the former, and importing privileges and duties to which a mere resident would not be subject.
CITIZEN. A member of a free city or jural society, (civitas,) possessing all the rights and privileges which can be enjoyed by any person under its constitution and government, and subject to the corresponding duties. "Citizens" are mem-
bers of community inspired to common goal, who, in associated relations, submit themselves to rules of conduct for the promotion of general welfare
and conservation of individual as well as collective rights.
A member of the civil state entitled to all its privileges. One of the sovereign people. A constituent member of the sovereignty synonymous with the people.
All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside.
This is a reference to the 14th amendment, which if applied in the united States, would violate the 13th amendment. Remember, citizenship comes with MANDATORY civic duties. To impose them at birth would be a violation of the republican form of government.
Now...a citizen is one of the sovereign people! At the same time as being part of a civil state entitled to privileges. That's how it's defined in a law dictionary, as both things, even though, I understand them to be opposites.
A citizen is part of the "collective sovereignty" of a democracy. Which is to say, not really a sovereign at all.
DEMOCRACY - That form of government in which the sovereign power resides in and is exercised by the whole body of free citizens directly or indirectly through a system of representation, as distinguished from monarchy, aristocracy, or oligarchy."
- - - Black's Law Dictionary, Sixth Edition, P. 432
Any reference to collective sovereignty is for the democratic form.
Such an abstruse, conflated document would appear to be void.