Tuesday, January 29, 2013
The Will of the People of each of the Several States
This federal government is federal in name only, it bears not a single strand of resemblance to the system of federalism upon which this Republic was Founded. The functionaries of federalism, created to prevent both consolidation and the resulting tyranny, have all but been removed from this government. This government claims corporate capacity, acting independently of its original duty and authority; it assumes to act with discretion outside the Constitution, providing itself with illicit prerogatives and political emoluments never intended or authorized, all to the detriment of the well-being of this Republic.
This government, acting as a self-formed, self-inferred corporate body, does so with a will and purposeful characteristic not unlike all other autocratic regimes, disguised with all the trappings of federalism, but without the limitations or demands of federalism. Our government was intentionally created as a cumbersome institution, the intention was to put as many obstacles in the way of legislation as possible; the Framers of this government feared the propensity of government to abuse power therefore, they made it as difficult as possible.
Today, we are subject to a myriad of commentaries, various political platforms and interpretations that essentially present nothing more than a simulacrum of Constitutionalism, yet these internal enemies of the Republic are engaged in the overthrowing of the Constitution, administering in its place a shell, a sham, leaving the People with little more than the near-lifeless corpse of Liberty. There is no greater treasonous claim than that of the absolute supreme authority of the federal government demanding, as it were, the allegiance of the Several States under the spurious assertion that the States are subordinate to the federal government and that the powers reserved to the States is limited and restrained under the supremacy of the federal government. Such assertions are simply instruments providing the federal government a mere facade of Constitutional legitimacy, serving only to conceal the acts of usurpation and tyranny in which it engages.
Currently, under this simulacrum of Constitutionalism, the States are reduced to provinces, insignificant monads that are allowed to continue with a limited functionary, but ultimately no real power except that which is, as a matter of privilege, granted by the federal government and administered by satraps. While the People, as the body politic, continues to imagine that the electoral process, that their votes change anything of substance within this government, they should realize that all they are doing is electing officials that become little more than a directory of a corporate autocracy. Only cosmetic changes take place, but essentially the policies remain relatively constant from Administration to Administration. This process has been transformed into a mockery of suffrage and self-government, where authorities other than the People control this country, presenting, as it were, a stage play to benefit the People, causing them to think that they still live under a republican form of government, all the while the imperial policy of a supreme governing body insidiously lords over them. Despotism can take many forms, the one that we are now subject to appears benign, it is anything but.
Under the guise of legal proprieties, this government misleads the People with a fraud that has the outward trappings of legitimacy and has, in a very real sense, deluded the People into thinking that all the images and concepts they have of their country is, in fact, they way the Founders of this country intended, yet the internal workings of this government betray the reality. This government has used every instrument possible to maintain its power, to assert its claim of supremacy and to reconcile the People with their plight as subjects to the “divine right” this government. The People, no longer aware of their position, have been deluded into ignoring the real meaning and import of the Constitutional Compact made between the States as well as, the massive reservoir of power inherent within the States and the People. This government, draining resources from the People in the form of taxes, only to be squandered through excess that provide those in political office with lavish fare which those holding office act with indifference to the Will and Consent of the People.
This government has involved itself in preserving its present existence and the powers it claims are inherently absolute. These usurpers of Constitutional Order, are always ready to use pleaded necessity, they invoke the welfare of the People, the public good or safety, but they do so all in the effort to preserve and expand the power of government. Those within government are eager to subvert the system of federalism, for within such a system, even the definition of the word federal decries the very actions of this government. For, it is absolutely incontrovertible, under a system of federalism, that the States must always be Sovereign, and as such, they are superior to the government they created through such a system because that is the nature of federalism. We must never forget that this federal government is, in fact, the government of the States; the Constitution is the Constitution of the States that acted in their Sovereign capacity.
There is no Constitutional coercion of the States, the States of this Union voluntarily acceded to it as an act of Sovereignty and in accordance to the Will of the People of each of the Several States. Being parties in a voluntary act, they could not, by any measure, be made involuntary parties through ratifying the Constitution, [which they are sole party to] and thereby joining this Union of States. The federal Constitution, as a stipulated Treaty between separate Sovereign States, was an instrument used by the States to settle potential foreign issues, to mediate issues arising between the States. In a very real sense, the Constitution is, as spoken of by many of the Framers, a Treaty between Sovereign Nations that chose to join in a Union based on federalism. Essentially, the Constitution legally displaced what would normally be international law pro tanto. The status, as far as the law of nations is concerned, of the States is Sovereign political bodies, each Free and Independent of the other, though within our Constitution instead of the description being labeled “nations” they are titled States. If this Treaty, this Constitution was annulled, the States would resume their full capacity in terms of their legal sphere of action as actual Nations of the world.
John Marshall, later Chief Justice to the Supreme Court, stated, in Convention: “Those who give, may take away. It is the people that give power,and can take it back; what shall restrain them? They are the masters who gave it, and of whom the servants hold it. Are not Congress and the State legislatures agents of the People?”
James Wilson, who held position in both the federal convention and the convention for the State of Pennsylvania stated what could be considered the most concise statement on the subject: “The SUPREME, ABSOLUTE AND UNCONTROLLABLE POWER IS IN THE PEOPLE before they make the Constitution, and remains in them after it is made...The absolute SOVEREIGNTY never goes from the People.”
Even the nationalist Daniel Webster admitted the fact that: “The SOVEREIGNTY of government is an idea belonging to the other side of the Atlantic. No such thing is known in North America: with us ALL POWER IS WITH THE PEOPLE. THEY ALONE ARE SOVEREIGN; and will erect what governments they please and confer on them such power as they please. NONE of these governments is sovereign.”
There is not a single hint in any of the writings of those who crafted and founded our Republic, that the federal government, nor even the State governments could or would have any inherent power or sovereignty. The States, being the expression of the People residing in those States bear the closest character of Sovereignty, the federal government bears no such character and acts on behalf of the States as merely an deputized agent, nothing more. The assumption is that the only Rights are those reserved to the States, but demonstrated in numerous writings, the People of the Several States are, in fact, Sovereign; as such, it is the People that have the Right of self-government, self-determination and, acting upon that Sovereignty, they can, through the States, recall their authority and power at any time, whether through the Constitutional process or Revolutionary process. Nullification, in its most elemental form is nothing more than the People exercising their Inherent Power as Sovereigns. Ordinaces of Nullification must be enforced with accompanying Ordinaces of Secession, giving the full import and intent of the People to defy all manner and means of illegitimate governance; defending what remains of this Republic and in the process, restoring it. This is, I fear, our last chance to regain this country and restore the Constitutional Republic as it once stood so many decades ago.