POWER
One must be aware of the various meanings of power. One meaning arises before a law has been made while another arises after.
A person whose commands and permissions apply to a citizenry has the power to make laws, that is, is a lawmaker and occupies the acme of THE TRIANGLE OF LAW®. The Congress of the United States has the power to pass laws that apply to the citizens of the United States.
Another meaning of power arises after a law has already been made. A person who has control over a circumstance that appears in the “if” clause of a law (Note that an “if” clause is one part of a three part sentence) is also said to have a power. In other words, control over a fact gives a person a power. It is not the power to create a law; it is the power to satisfy a condition of a pre-existing law.
Let us look at examples.
Suppose a Seller has a duty to convey a piece of real estate if a Buyer accepts a Seller’s offer to sell it. The Buyer has a power. By accepting the Seller’s offer, the Buyer exercises his power and triggers the Seller’s duty to convey. Suppose a lawmaker decrees that a Buyer has a duty to return property even though the Seller offered to convey it and the Buyer accepted if the Seller is an infant. The infant seller lacks power to sell property and is said to be under a disability.
It must be noticed that the power or disability of a source or recipient arises only after a lawmaker has issued a law. A source's or recipient's power derives from a pre-existing law.
