Freedom, Contingent Upon Compliance Is Not Freedom!Submitted by Republicae on Sun, 08/17/2008 - 15:53
It is imperative to understand that this country is formed solely upon the Sovereignty of the People themselves and that in that Sovereignty, they have, out of both necessity and desire, come together to form communities of governments to act both on their behalf and upon their Consent. This Sovereignty finds its expression, and has done so, in the governments of the Several States, which in turn, have reflected their Will in the formation of a federation of States called the United States.
The Several States, in the purist expression of the People's Sovereignty have formed, established and delegated the government federal. The Rights of the People are embedded in the Rights of the States, you cannot have one without the other, nor can you have a delegation of authority and power without such Rights, both Reserved and Delegated. It is the Delegated Trust, from the People through the medium of their Respective States to the federal government, which pronounced and delineates the Sovereignty of the People themselves.
Delegated powers must always subordinate to those Reserved by both the States and the People. The powers Reserved by the People and thereby the States, which represent them, have the complete power to Amend the federal government by Constitutional Convention with three-fourths Concurrent Majority voting in assent. This power speaks to the sole Sovereignty of the People through the medium of the States in which they resided and hold their Citizenship. The subordinate federal government is simply the reflection of the States and thereby the People.
In its formation, the federal government is simply a reflection of the compact between the States, who by Consent of the People, did ratify that compact between them. The Constitution was not formed by the federal government but the federal government by the Constitution. This Constitution was merely a compact of agreement between the Several States acting upon the Consent and Will of the People who resided in those States. As such, this compact, with its specified provisions and divisions of authority and power, was and is subject to the continued Consent and Will of the People through their respective mediums of government, the States.
There is, in the essence of primacy, no such thing as States Rights outside of the delegation of both authority and power to the Several States by the People of those States. Likewise, there is no Sovereignty in either the Several States or the federal government outside of the Delegation, in Trust, of such authorities and powers by the People themselves as expressed in the Compact between the Several States, reflected in the federal government. The Constitution was not, nor is it today, an agreement between the Several States and the federal government since the federal government has no inherent powers or authority within itself. The Constitution solely an agreement between the People, through the medium of the Several States, and themselves.
The Constitutions of the Several States preceded both the formation of the Constitution and federal government so too, do they precede it in both execution and authority. The language of the Constitution cannot be stronger in the delineation of delegated authority and power emanating from the States, by the Consent of the People themselves to the federal government. As such, this agreement, ratified between the Several States, solely upon the Consent of the People, seeks to guards the Reserved Powers of the People, thus the Several States, against the government as a whole and against all its departments, officers and any mode that might be devised which would impair such construction thereby impeding the Reserved Powers of the States, respectively, which solely reflect the Rights of the People. It was this intention, clearly enumerated, to place the Reserved Powers of the States, and thus the People, beyond the possible interference and control of the federal government of the United States.
It was also clearly stated that, in consideration of these Reserved and Delegated Powers, that the Right of the Separate Governments of the Several States was complete and contained within themselves to protect their own Powers and Authorities as Consented to by the People to represent them respectively in each of their respective States. As to the federal government, the provisions of this Compact between the States, through the Consent of the People, was to allow for the protection of those Delegated Powers to the federal government as long as the federal government, thus the majority of the States, continued adherence to the provisions agreed upon by the Constitution.
To speak to the Delegation of Powers to the federal government, the Constitutional Convention was very deliberate in both content and expression, especially in the inclusions of the 9th and 10th Amendments to the Constitution. One of the more interesting facts is that the final version of the 10th Amendment was far more expansion as it was originally proposed which was worded in a far more restrictive verse: "That each State in the Union shall respectively retain every power, jurisdiction, and right, which is not, by the Constitution, delegated to the Congress of the United States, or to the departments of the federal government."
Of course, in the Resolutions of Ratification by the Several States, the meaning of both the 9th and 10th Amendments is clearly expounded. These Resolutions express the exact nature and character of what was taking place as they Ratified the agreement between them called the Constitution of the United States. This agreement did not place any Power or Authority within the grasp of the federal government as inherent, but only as Delegated in Trust. That Trust only extended to, and was expressed by the continuation of maintenance of the provisions of that agreement; upon violation of such provisions it was expressly expounded that such violations would effectively nullify and render void the agreement itself, thereby rendering the Several States to their original form as separate governments without an agreement forming a federal government between them to reflect certain preset and limited requirements.
In these Delegate Powers, the People, through the medium of the Several States, have given or granted an agency of execution of such Delegated Powers to act on behalf of the People themselves; thus performing certain duties, restricted by Compact, that are intimately connected with the Principle Power of the People themselves. Without such agency, all ability to act upon these Delegated Powers would be nugatory therefore, such powers are delineated in a structure of government broken into various Branches, each set with particular limited powers and overlapping powers crafted to both execute and check the powers of each Branch. So too, in the creation of a multi-layered government structure, the Several States play an indispensable role in maintaining balance within the system and in the protection of their Citizens.
Now, to reiterate the scope of the Powers of the Several States and thus the People themselves who delegate such Powers to the States we need look no further, of course, than the Constitution. In support of this opinion the Constitution is of extreme clarity, it relies upon, in the first place, on the 2nd Section of the 6th Article, which provides the following: " This Constitution, and the laws of the United States, which shall be made in pursuance thereof, and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land: and the judges in every State shall be bound thereby, any thing in the Constitution or laws of any State to the contrary notwithstanding." It is apparent in this clause that there is a very definite supremacy associated with the mechanics of the government of the United States except when such supremacy contradicts or infringes upon the laws or Constitutions of the Several States. This is a delineation of the various levels of Power and Authority that has been duly delegated to each stratus of government, from those of the States themselves, then to those that the federal government reflects in both application and scope of such powers and authorities thus delegated.
It is, or should be sufficient to see that such a statement is declaratory in both nature and character and that there are no powers or authorities vested in the federal government by the Constitution that extend beyond those enumerated in the Delegated Trust placed into the mechanics of the federal government as it reflects the Will of the People as expressed through their Respective States. The layers of supremacy results from the relationship that was formed between the Several States in agreement to form the federal government and within the very specified limits placed upon the federal government by the States in Convention. The reach of the federal government does not extend beyond the Delegated Trust of powers and authority, all others being Reserved to the States and to the People of the States. Beyond these enumerated and thus Delegated Powers, the Constitution is completely destitute of all authority. In other words, without the Delegation of these very limited powers by the States, acting upon the Consent of the People themselves, all execution of any power or authority by the federal government any operations outside such of Delegated powers is mere assumption and therefore illegal.
It is interesting to see just what the Delegates of the Constitution Convention rejected when they dismissed certain "articles", and it is this dismissal that speak volumes about what was and was not intended in the construction of Constitutional Order, thus the various delegation of powers to the States and the federal government. As reported by Committee, the following words were proposed and then rejected: "The acts of the legislature of the United States, made in pursuance of this Constitution, and all treaties made under the authority of the United States, shall be the supreme law of the Several States, and of their Citizens and inhabitants; and the Judges of the Several States shall be bound thereby, in their decisions; any thing in the Constitutions or laws of the Several States to the contrary notwithstanding." As we can see, there is a very distinct difference between what was proposed and what was approved for final ratification by the Delegates to the Constitutional Convention. The above, as opposed to the prior approved version, clearly demonstrates the designation of supremacy over the mechanics of the federal government by the Constitutions and laws of the Several States.
Thus such limitations on the scope of supremacy of the federal government, in all its operations and powers, were marked with such distinction and clarity that there should be no need to elucidate, but obviously that is not the case. These limitations are clarified, not only in degree, but also in extent. It is within these limitations duly imposed upon the government by the authority of the Constitution, as agreed in Compact by the Several States in Convention, that the proper operation of government can be achieved and assure the protection of the Will and Rights of the People. To assume that the government can carry its own supremacy beyond such limitations, thus extending its own authority over the Reserved Powers of the Several States, in any shape, channel or form, would essentially destroy the entire system of the Republic by consolidating all its power in the hands of the government without regard to the Will of the People.
Thus we have seen that there has, through the decades, been a rapid expansion of the reach of the authority and powers that the federal government has assumed. This assumption is nothing more than usurpation, illegal under the Compact between the Several States as Ratified and, as we see, very detrimental to the Rights of the People. Even within the governments of the Several States, authority and power has been usurped from the People who retain Rights that are not even enumerated within the Constitution itself. We have been effectively taught that the Rights stated within the document of the Constitution are the only Rights We the People have, but that is untrue. There are Rights that were never Delegated to either the States or the federal government, not only were such Rights never Delegated they were not even enumerated; yet we make no claim upon them.
Congress and indeed the State Legislatures have both extended themselves and the scope of their power beyond that which was delegated. Our times have seen a myriad of novelty legislation emanating from both bodies however, this does not mean that such legislation is legal in the Constitution sense, it merely denotes that both legislative bodies have made an assumption of powers and authorities beyond those delegated to them. The law, whether on the level of the federal government or the State, must also be as proper as it is necessary. Without those two standards of character, then the law is without competency and should be considered void of demand.
The law therefore must yield that which is both proper and necessary, under such delegated powers, to be executed legally. We must realize, and therefore press upon all government, that is it, both our Right and therefore our Power to establish and ordain our government. Indeed, we have, ordained and established our State governments through their State Constitutions; from that origin, the States, by our Consent and through such Powers and Authority Delegated in Trust, did ordain and establish the federal government upon our behalf and for our sole benefit. We did so, in such ordination and establishment, form separate State Constitutions and thereby State governments, each created by itself and for itself without any concert or agreement with any of the other States; afterwards, in our Sovereignty, we did ordain and establish the federal government to be a reflection of the States to perform very specific functions within a very limited scope of delegated power.
Unlike the ordination and establishment of the governments of the Several States, the planning, ordination and execution of the federal government was done in concert and agreement between the Several States. It is this very same Power and Authority, through the Conventions of the Several States that did ordain and establish a federal government. This Supreme Power, as declared by the 10th Amendment, still resides within the People themselves and is solely Reserved by the People of the Respective States. I dare say that while there are those who would claim that such Power has been extinguished, they either fail to understand or refuse to assent to the Authority that still resides within the People themselves and if they hold such views then they only continue to allow for the assumption of power by the federal government.
This is the Right of the People, to Retain and Reserve those Powers and Authorities unto themselves and to exercise such Rights even when the various departments of government act to the contrary. Although there are those who would, through such assumption, lay claim to power and authority through the government, in both its infringements and abuses over Constitutional Order; there must come a time when We the People realize, and therefore exercise, the fact that Sovereignty resides in the People and not in government. When government, at any level, relinquishes its loyalty to the Constitution, the People themselves are released from all allegiance to the government for it is impossible for the People to remain loyal to an un-loyal, and therefore illegal government.
It must be logical to adhere to the principle that, so far as the federal government is concerned, that the People of the Several States can act in the very same way, in the same capacity, in which they did ordain and establish the federal government by Constitution, can, by the same united and concurrent voice, change, abolish or establish another government in its place, as well as completely dissolve the Union altogether. The Power to ordain and establish must also, by the very nature of such Power, have the Authority and Ability to dissolve the agreement that they entered into by Concurrent Consent. This, both the act of creation and dissolution, is an example of the high Sovereignty of the People. If this is not the case then all our Rights are contingent upon the whims of the government and our compliance to its will regardless of our desires or Consent. Our system must stand as one in the relationship of the superior to the subordinate, the People themselves being superior to the subordinate federal government as the creator to the created.
An interesting note concerning constitutions is that the constitution of the former Union of Soviet Socialist Republics included within its articles the right of any Soviet Republic to Secede. The banality of that right can be seen in the way that constitution was ordained and established; in contradistinction to our own Constitution, the constitution of the former U.S.S.R. was ordained by the central government itself, for itself, of itself, and did not rely upon the consent of the people over whom this legal document resided. Of course, the right of secession was among many rights guaranteed to the people of the former Soviet Union however, since none of those rights and indeed the existence of the Soviet government itself did not depend upon the consent or will of the people and since the people themselves held no concept of their natural rights or sovereignty, the constitution was of no effect regarding the people themselves or their potential grievances. This is an example of what happens when there is a complete centralization of power. All so-called rights in such a system are absolutely contingent upon compliance.
In our original, thus former Constitutional Republic, it was the People, after all, that both called for the creation and existence of the federal government and conferred upon it all the powers and authorities it utilizes. Without such conferment the federal government has no ability or power to operate in any capacity or strength whatsoever, in fact, there would be no federal government since it emanates solely from the Consent of the People. As we have seen however, there has been a consolidation of powers and authorities by the federal government, centralized over the years to the effect that the Powers and Authority Reserved to the States and the People respectively have been assumed and absorbed by the centralized federal government; the effects of this process is evident.
So, the People of the Several States, in the essence of their Sovereign Capacity, agreed to unite themselves in a connection what was as close as possible without merging their Respective Sovereignties, the States, into one common sovereignty and consolidated government. For, it that had been the case we would not have State Constitutions or State governments and would only have one central government with one Constitution. The governments and Constitutions of the Several States are not, in any way, subordinate to the federal government, just the opposite is true. As to this Compact, that is the view of the document that legally provides the provisions of the functionaries of the federal government on behalf of the People in the Several States.
It is, in no way, the rule over the individual governments of those States, only the rule over the federal government as emplaced by the Several States in Compact. To use the language of the Constitution itself, it was solely ordained as the "Constitution for the United States" and not over them as they Ratified it between themselves. So, if a State or several States violate the provisions of the document they violate it in terms of the Compact made between the States, but when the federal government violates the document it violates the Law as set forth by that document as ordained by the Several States.
The Constitution was ordained over the federal government, over all departments and functions of the federal government, not over the States, which possess their own Constitutions that provide for the laws of each of the Several States. The federal government is therefore, under complete obligation to follow the strict legal format enumerated in the Constitution as it was ordained and established by the Ratification of the Several States in Compact Agreement between them. In the most distilled legal form, the federal government owes complete and absolute allegiance to the People as reflected through the Compact enacted between the Several States. So, if the Constitution is indeed a Compact between the Several States, acting in their Sovereign Capacity, upon Consent of their Sovereign Citizens, the rest should logically follow the necessary consequences of that action of ordination and establishment.
The absorption of Reserved Powers by the Delegated Authority is one, as we have seen for the last 150 years, of the most pressing dangers to the future health and well-being of our country for the absorption of those Powers Reserved to the States and to the People respectively effectively neutralizes the Rights of the People themselves. There can be no restoration of the Constitutional Republic without the restoration of the proper role of the Several States along with the Power and Authority Reserved to them and the Sovereignty of the People. Conversely, if the federal government is not reigned into and limited to the scope of power and authority that was Delegated to it in Trust, then there can and will be no restoration of the Constitutional Republic.
Some speak of a "living constitution," the meaning of which may evolve and change over time. However, the concept of a "living contract," one to be disregarded or revised at the whim of one party thereto, is unknown. A collective rights holding in Heller would not only open the Pandora's box of unilaterally morphing contracts, it would also poise Montana to claim appropriate and historically entrenched remedies for contract violation."
As we see, the issue of centralized power is gradually being questioned, not only by Citizens in their Individual Status, but also by the States. It is once again time to make this a primary issue in our hopes for the Restoration of the Republic for without the proper role of government, without the checks and balances as enumerated within the Constitutional Compact as Ratified Between the Several States then this country will continue down the road that will only lead to an increase of centralized power and tyranny. Without the proper exercise of Power and Authority as delineated within the Constitution the hopes and dreams of those who maintain Constitutional Patriotism will never be realized. We must make every concerted effort to regain each and every legislature of each State in order to press upon the federal government its place as a subordinate servant of the People.
This is indeed a Revolution that is no less important, no less critical for our Liberty than that fought in 1776. The results of this Revolution will determine the future of this country and whether our children and children's children will enjoy the Heritage of Liberty passed down from those who had the insight to form and craft our once-prosperous Republic. Increasingly, there will be forces, which will rise against all who contend that these Principles are both valid and pertinent to our lives and the wellbeing of our country. At some point in the future we must all decide whether we will be considered merely collaborators with the centralized power expressed by the federal government or if we will oppose such assumption of powers and therefore be considered, for all intents and purposes, enemies of such usurpation of power by that government.
We have become a society which must seek permission, pay taxes, fees, hold licenses and generally comply with all codes, rules, regulations and legislations whether they be proper and necessary or not. We are a society that must completely rely upon our complance to the central government, and increasingly to another layer of compliance acts legislated by our own States, if we wish to remain relatviely free and unfettered in our pursuits.
THE DAY MUST COME WHEN WE REALIZE THAT FREEDOM CONTINGENT UPON COMPLIANCE IS NOT FREEDOM!