ITS NOT COMPLICATED. So many cite The Supremacy Clause within the occupying governments CONstitution never understanding the limitations of that clause........ The U.S. CONstitution, ONLY held supremacy within its sphere of delegated authority: One must refer to the tenth amendment to that CONstitution to understand where its delegated authority ends..... 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 Authority of the United States, (Meaning the collective of States) ends at the powers enumerated, that the States delegated to it as a collective body, its power, or supremacy goes not one jot further. The States individually reserved/retained ALL POWERS NOT DELEGATED BY THEM TO THE COLLECTIVE. The central body was not party to the U.S. CONstitution, but was rather a product of that Treaty between the Sovereign States. Superiors delegate to inferiors, inferiors do not delegate to superiors. The State governments via their representatives under the Articles of Confederation delegated via the 1787 U.S. CONstitution what powers they chose to place in the hands of the collective body, reserving all others to themselves as individual sovereigns. James Madison stated in the Federalist #62 concerning the Senate, wherein each States legislature was to appoint two representatives to represent their State within the central body= (The Collective assembled)…. “It is recommended by the double advantage of favoring a select appointment, and of giving to the State governments such an agency in the formation of the federal government as must secure the authority of the former, and may form a convenient link between the two systems.” Note here “THE AUTHORITY OF THE FORMER” meaning the authority of each States government in all matters not specifically delegated by them to the central body=(The Collective of the States assembled, along with the national body, which is the House of Representatives). The House of Representatives is the national portion of the 1787/1789 U.S. CONstitution. The House of Representatives is divided into simple districts to represent the whole of the people without regard to State affiliation= The national portion of the system. The Senate was the federal portion carried over from the Articles of Confederation, in that each State government had representation within this new system. This State government representation/Agency was to SECURE THE AUTHORITY OF EACH SOVEREIGN STATE. Further, James Madison states in the Federalist #62 that…. “Another advantage accruing from this ingredient in the constitution of the Senate is the additional impediment it must prove against improper acts of legislation. No law or resolution can now be passed without the concurrence, first, of a majority of the people, and then, of a majority of the States.” So as we see here all legislation was suppose to go through the national portion= (The House of Representatives) MEANING THE WHOLE OF THE PEOPLE, AS IN A CONSOLIDATION INTO A SINGLE STATE, and then it had to be approved by the federal portion=(The State governments) via their two representatives which were there to secure the AUTHORITY of the State governments in ALL MATTERS THAT THEY RESERVED TO THEMSELVES, and as an impediment to improper legislation. All of this is also explained in the Federalist #39, which concluded with these words…. “The proposed Constitution, therefore, is, in strictness, neither a national nor a federal Constitution, but a composition of both. In its foundation it is federal, not national; in the sources from which the ordinary powers of the government are drawn, it is partly federal and partly national; in the operation of these powers, it is national, not federal; in the extent of them, again, it is federal, not national; and, finally, in the authoritative mode of introducing amendments, it is neither wholly federal nor wholly national.” The point here is that the 1787/1789 U.S. CONstitutions’ supremacy was limited to its sphere of delegated authority. James K Polk explained this very well in his first inaugural address….. “To the States, respectively, or to the people have been reserved the powers not delegated to the United States by the Constitution nor prohibited by it to the States. Each State is a complete sovereignty within the sphere of its reserved powers. The Government of the Union, acting within the sphere of its delegated authority, is also a complete sovereignty.” “To the Government of the United States has been intrusted the exclusive management of our foreign affairs. Beyond that it wields a few general enumerated powers.” Here is where the States which seceded from the union were within their reserved power do so, as NO POWER WAS DELEGATED TO THE United STATES=(THE STATES COLLECTIVELY) to prevent any State from exiting the union, no amendment to prevent secession, and no law passed making such act illegal or unlawful. Absent a law, there can be no violation of a non-existent law, however the tenth amendment did forbid the United States=(the states collectively) from assuming authority NOT DELEGATED to it by the Treaty between the sovereign States, known as the U.S. CONstitution. One, settles for a fiction when one refers to “The Federal Government” as if there exists today a federal system. Absent a federal system there can be NO FEDERAL GOVERNMENT. As I have shewn, the 1787/1789 U.S. CONstitution established, as James Madison stated in the Federalist #39…. “The proposed Constitution, therefore, is, in strictness, neither a national nor a federal Constitution, but a composition of both.” As a result of Lincolns rebellion against the lawful authority of the U.S. CONstitutions tenth amendment the destruction of the federal portion began, and the complete demise of it accomplished with the 17th Amendment, which took the appointment of the Senators from the State governments legislatures, leaving the State governments without representation within the central body and no protection of their sovereign authority, or the impediment against improper legislation. Hence the federal portion having been removed left only the national portion in place, therefore there is NO federal government in existence, there is only a national government in place today….= A CONSOLIDATION OF THE STATES INTO A SINGLE STATE, A SINGLE SOVEREIGN. The two party system now control the consolidated State of America by controlling the political process. The States are left out of the equation. csagov.org/
Posted on: Fri, 31 Oct 2014 13:43:18 +0000
Trending Topics
Recently Viewed Topics
© 2015