08/07/2010 07:10:00

← The People of this country formed a social compact; that compact was
contained and detailed within the written Constitution giving the exact
extent of powers they deemed necessary to the government. As you note,
these were powers that were delegated to the government by the People,
not relinquished. There has never been a single power relinquished by the
People, any power within the function of the government is isolated through
the action of Delegated Trust based upon the Sovereignty of the People.
←
← This was to ensure that the People themselves enjoyed a very qualified
Liberty of Action, Freedom from unnecessary restraints, unnecessary
requisitions or extractions from the government. Of those limitations, the
People in their Sovereignty gave their limited Consent to the government to
function within a very, very narrow frame of action primarily for the sole
purpose of the defense of the Liberty and the Rights for which they formed
the government in the first place.
←
← Any measures inconsistent with that very limited frame of action is to
be considered an illegal action and an assumption of un-delegated powers by
the government. In some cases where such illegal assumption of powers
continues unabated, either by legislative or judicial process, it leaves the
People with no peaceable remedy to follow since the general laws or the
measures which were instituted to protect the People are ignored, making
the ability to have their sincere petitions and grievances redressed in a
legitimate manner.
←
← When the government steps away from that social compact formed
between the People to provide the protections of their Life, Liberty and the
Pursuit of their Happiness, then it proves itself defective; having abridged its
primary responsibility, choosing instead to take a more oppressive and
tyrannical direction by ignoring the proper function of the powers that were
Delegated to it in Trust. At any time when such a government violates that
Trust, it becomes a law unto itself, assuming powers outside the realm of its
authority.
←
← One of the primary Rights of Action is the ability of the Individual to
leave his own community, his State or his country; even the Right to cast off
his native allegiance is one of the primary tenets of Liberty. This same Right
of Action extends from the Individual to his respective States, for if it did not
then the Right of Action for the Individual would not exist since all powers
Reserved by the States are a direct delegation from the People themselves
through their Consent.
←
← I realize there are some who absolutely deny the claim of such Right of
Action however, upon reasonable thought and a small amount of research it
becomes clear that such a view is entirely contrary to the principles
acknowledged in the Constitution of the United States. That primary principle
exhibits that any action voluntarily entered into by the Individual may also,
if desired, leave that compact in the very same way he entered. Indeed, to
whom or what do we owe allegiance to in this Republic?
←
← I state that we owe no one or anything our allegiance, but we do
voluntarily lend our allegiance to the Principles upon which this country was
founded. It is not some person, or an inanimate object such as a flag, or
even a piece of paper called the Constitution that either demands or seeks
our allegiance, but it is the Principles found within that Constitution that,
through a voluntary act we espouse and proclaim our allegiance.
←
← No allegiance is Due to anyone or anything in a free society. It is at
the discretion of the Individual to judge the cause for his allegiance or lack
thereof; so too, after careful and weighted consideration the same applies to
the States who function at the pleasure of their People and indeed the
Constitution provides for such actions by the Several States who wish to,
upon Concurrent Consent, leave this Union in the same voluntary manner in
which they entered it as appropriately and legally demonstrated in their
respective Resolutions at the time of Ratification.
←
← There is, at least in principle, along with the Rights of Action, the
Rights of Conscience and the ability to have the Freedom of Inquiry which all
are entitled to and that entitles the Individual to be Free from the control of
anyone, especially from the government which was instituted by the People
to which the People have delegated that very limited scope of power for very
specific purposes enumerated within the Constitutional Compact. Those
elected to government have absolutely no right or power, except when
illegally assumed, to do anything to infringe upon those Rights.
←
← Now, notwithstanding, within the delegated powers provided to the
government are the necessary functionalities to render certain protections
for the People who delegated those powers. So, my statements should not
be, as I know they will be, misconstrued into some anarchist libertine
version of unbridled lawlessness irregardless of the laws created by and
through the Consent of the People and their delegation of powers to
government for that purpose.
←
← We are however, the sole judge of our own conscience and the
attributes obligated to the direction our consciences lead. Therefore it can be
readily assumed that there is no part of the government that has been
deputized to regulate or infringe upon the conscience of the Individual.
Every single individual has the Right and should be at Liberty to form
opinions as he or she pleases and act upon those opinions as long as such
actions do not infringe upon the Freedom and Liberty of others to act in
concert with their own consciences.
←
← Now, ancillary to the very limited above list of Rights comes the Right
to Reform, Secede from or Dismantle entirely the government itself. This
Right is the cornerstone of the American Republic of States. It forms the
very nature upon which this country was founded. It is the Right to resist
those who govern when government invades the Rights of the People. No
government can have a legitimate foundation except when founded upon the
best interests of the People themselves and the Consent upon which the
government should depend for guidance and deliberation of law.
←
← When a government is effective in both its use and execution of
powers delegated to it by the People then it becomes far easier for the
People to enjoy the highest degree of Individual Rational Liberty. When the
People can, without molestation from the government, feel secure in their
persons and their property living quietly and undisturbed in all their Rights
without worry of either turbulent or licentious intervention by the
government then you have what can be called good government. On the
other hand when these fundamental ideals are absent from government then
it behooves the People to form every defense against such abuses and
usurpations.
←
← The Sovereignty of each of the Several States, which is totally
dependent on the nature and character of the People who make up these
governmental communities, is indivisible and remains totally integral, even
though, through the Consent of the People, all powers of government are
delegated. As such, the States, through the medium of the Sovereign People
who make up such communities, may delegate a myriad of powers to the
federal government without the slightest diminishment of the People’s
Rights, Power or Authority as represented by the agency of the States. Nor
does any delegation of powers relinquish any control over such powers or
authority. The States, which were pre-existent to the formation of both the
← Government as it resulted from the Articles of Confederation and by
the
← Constitution itself.
←
← Now on to Secession and Constitutional Liberty, a most distorted and
maligned Constitutional Principle. Early in his presidency, George
Washington stated that: free choice, of government founded, not upon force,
but Free Assent, and instituted for the safety and welfare of the parts of
which it is composed."
←
← As always, it is rare that well-disposed and content People will join in
any attempt to overthrow their government; it is only when their
government trespasses upon the environment that promotes the ability of
the People to maintain their beneficial dispositions that they would or should
consider such actions, and then only after carefully weighed deliberation.
←
← There are, of course, those who, both in the past and currently, think
of these Constitutional Principles as false and seemingly have permanently
embossed them as the height of political heresy, when the fact is that the
view that they themselves hold is diametrically opposed to most, if not all,
Constitutional Principles. After listening or reading their arguments to the
contrary, it becomes apparent that they can offer few, if any actual proofs
based upon the Constitution, the ancillary documents or the Debates of the
Constitutional Convention that crafted the Principles upon which this country
was founded.
←
← There were two extremely important principles established by the
Colonies; one being that it is the Right of a State to govern itself and it is
the Right of the People to abolish a government when it becomes destructive
of the ends for which it was instituted. It was concurrent with the
establishment of these principles that Britain recognized each and every
Colony, by name, as Free, Sovereign and Independent States. Thus when it
was found that the functionality of the Articles of Confederation were
deficient to fully express and execute the delegated powers necessary to
ensure the fullness of the Liberty of the People, they instituted, by
Constitutional Compact between those who Ratified that agreement, a
government subject to those two great and enduring principles that were
asserted in the Declaration of Independence. Ancillary to those two great
principles naturally flowed a third and that was the Law of Compact,
voluntarily entered into by assent.
←
← Indeed, these common principles were clearly stated in the following:
← "The Union was formed by a compact of sovereign and independent
States upon covenants and conditions expressly stipulated, the mode of its
formation subjects it to the principle, namely that in every compact between
two or more parties, the obligation is mutual; that the failure of one of the
contracting parties to perform a material part of the agreement entirely
release the obligation of the other; and that where no arbiter is provided,
each party is remitted to his own judgment to determine the fact of failure
with all its consequences."
←
← The above succinctly expresses what should be self-evident, that there
is an essential principle inherent within the compact that binds our States
based upon both Consent and Compliance to the Compact agreed upon.
Without either Consent or Compliance, the Compact is essentially void; our
Constitutional Compact is based upon the ancient principles found in
Voluntary Contracts. That is the foundation upon which our Constitution
rests and upon which all other principles are built.
←
← In the form of the Confederation we find the following:
← "Articles of Confederation and Perpetual Union BETWEEN [all the
States were
← Named]. Article 1. The style of this Confederacy shall be "the United
States of America". Article 2. Each State retains its sovereignty, freedom
and independence and every power, jurisdiction and right, which is not by
this Confederation expressly delegated to the United States in Congress
assembled."
←
← That should be very clear, but obviously its not because some declare
that the Articles of that Confederation were basically destroyed when the
Constitution was Ratified because the Articles were deficient however, if you
read the Debates on the Constitutional Convention you will quickly see just
what they did when they formulated and then when it was Ratified by the
Independent States. The Articles of Confederation were simply absorbed, in
all its form and then expanded within a very narrow construct in the
Constitution. You can find this throughout the Constitution; the Articles of
Confederation remained the building blocks of that newly formed Compact.
The only thing that was actually nullified was the perpetual Union" formed
through the Articles of Confederation; this was affected by the Secession of
every State of the Union from the Confederation. As referenced earlier, two
States refrained for almost two years from Acceding to the new
Constitutional compact and joining in the new federation. Unions were called
the United States of America, the style of the foundational system remained
the same, and only the functionalities of the structure of government under
the new Constitution were enhanced.
←
← In fact, to express the actual nature of the States, one need not look
far to see that both Rhode Island and North Carolina refused entry into the
new Constitution for almost two years. Now, although the Articles of
Confederation stated that the Union was perpetual, it becomes obvious that
during that period, both Rhode Island and North Carolina were not part of
the old Confederation, which no longer existed, but there were also not a
part of the newly formed federation called the United States, but retained
their former position as sovereign and independent States outside of
compact.
←
← Now, these States held no claim upon the sovereignty of their "sister"
States nor did the States who, through agreement between them, entered
into the United States claim any part of the sovereignty of either Rhode
Island or North Carolina. In contradistinction, even within the compact of the
Constitution, no State may lay claim or trespass against any other State
because to do so is a violation of the principles of Sovereignty. Likewise, in
the same construction, under the Constitution, each State retains, by their
Respective State Constitutions and governments, their own sovereignty and
independence to the exclusion of every other State in the Union. Otherwise,
there would be no need for either State Constitutions or State governments,
only a general and centralized national government, but alas, that was not
the intention nor was it how the Framers of the Constitution constructed this
Republic. The form of our governmental structure was not only that of a
Republic, but it was a Republic of Republics. In the simplest construction, the
federal government is not singular in usage but plural; thus the federal
government is nothing more than a reflective governmental arm of the
Several States formed through a federation compact based upon Consent
instead of conquest.
←
← The Several States, by Consent of their People, Acceded to the
Compact established and ordained between them. This act of Accession was
the voluntary action that solely formed the agreement and by which it is
maintained, without the act of Accession the document becomes void. In
fact, until the moment it was ratified, it was merely just another document
without authority; for it was the act of Accession, the act of Ratification that
imbued the Constitution with authority, authority solely derived from the
People themselves.
←
← Benjamin Franklin stated that: "Our new Constitution is now
established with
← Eleven States, and the Accession of a twelfth are soon expected."
← There was a great debate on the structure of the new government;
there were those who, in a "nationalistic" fervor favored a "national
government" however, this was quickly rejected until it once again became
the predominate doctrine in the 1860s. It was said that the most compelling
argument against such "nationalism" was the name given to the country
itself: The United States of America, which, in the understanding and
verbiage of the period was descriptive in expounding the system of
federalism. Indeed, the only resolution to the expansion of this "nationalist”
government is to restore, reassert and re-establish the original federal plan,
keeping the government within the restraint of the supreme law which
allowed the federal government both to reflect and work with the State
governments in a balance that hasn't been seen in nearly a hundred and fifty
years.
←
← In 1798, Mr. Madison used the following wording in the Virginia
Resolution: "That this assembly doth explicitly and peremptorily declare,
that it views the powers of the federal government as resulting from the
compact, to which the States are parties." That sentence is very descriptive
of the Constitutional Compact for it declares that the States are parties to
this Compact, not the federal government that results from that Compact. In
other words, the federal government is not a party to the Compact
agreement made between the Several States only the result of that
Compact. It is no different than two people crafting and signing upon
agreement to form a company. The company itself bore no power or
connection to the contract that created it except that the company must
abide by the by-laws and provisions set forth in that contract to remain a
valid and legally binding document.
←
← So, the source of all power in our country emanates from the States,
being the medium of the People's Sovereignty, and is delegated or flows to
the federal government to operate at the Will and Consent of the People. It
is interesting that in every original State Constitution you can find similar
wording: "All political power is inherent in the People". This was not just an
expression, an extract of philosophical niceties, it was a truth that, as the
Founders realized, instituted Freedom.
←
← Indeed, the clarity of these principles can be found in the words of
John Jay: the proposed government is to be the government of the people.
All its officers are to be their officers, and to exercise no rights but such as
the people commit to them. The Constitution only serves to point out that
part of the people’s business, which they think proper by it to refer to the
management of the persons therein designated."
←
← Judge Parsons of Massachusetts stated that: "The federal constitution
establishes a government of this description, and, in this case, the people
divest themselves of nothing; the government and powers which the
congress can administer, are the mere result of a compact made by the
people."
←
← Pinckney of South Carolina, at the ratifying convention of the State
said: "The sovereign of supreme power of the State, with us, resides in the
people. The general government has no powers but what are expressly
granted to it. By delegating express powers, we certainly reserve to
ourselves every power and right not mentioned in the constitution."
← The fact is that no State would have ratified the Constitution had they
not believed that the States would not retrain their complete Sovereignty
and Power as Independent and Free States. In fact statements to that effect
are found throughout the Ratification process, both in the State Conventions
and the Constitutional Convention itself.
←
← Judge John Marshall, later the Chief Justice of the Supreme Court,
stated the full expression of these Reserved Powers retained by the States:
"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 the agents of the People?"
←
← James Wilson, statesman from Pennsylvania to both the federal and
State conventions declared the following: "The supreme, absolute and
uncontrollable power is in the people before they make a constitution, and
remains in them after it is made. The absolute sovereignty never goes from
the people."
←
← In Federalist No. 46, James Madison also reiterated the common
knowledge of the relationship of both the federal and State governments
were to the people: "The federal and State governments are, in fact, but
different agents and trustees of the people, instituted with different powers.
The ultimate authority wherever the derivative may be found, resides in the
people alone." Madison clarified this principle at the Virginia Convention
when he said that the phrase "people" did not mean, as the members of the
Federalist and Radical Republican Parties later claimed, that "the people as
composing one great society, but the people as composing the thirteen
sovereignties."
←
← In other words, this country was not to be considered governed under
an all-encompassing national government that contains power, authority and
sovereignty upon to itself to act or govern in any way its chooses, but all,
absolutely all power rest solely in the People to determine the exercise of the
agency called the government.
←
← The Constitution, and the resulting federal government, is nothing
more than an instrument of agency and that agency completely serves the
Will and Consent of the People. As such, the federal government maintains
no power, no supremacy and no sovereignty of its own; it only acts on
behalf of the People and when it ceases to do so it becomes an illegal and
rogue institution devoid of legitimacy.
←
← It was, without any question, understood by the Framers of the
Constitution that no government, either State or federal, contained inherent
sovereignty. Nor did any of the Framers ever characterize the federal
functionaries they constructed through the Constitution as sovereign; it was
the People and only the People to were Sovereign, the People were
considered Citizens of their Respective States, complete in their
Sovereignty; in fact, the States were considered the People, Free and
Independent. There was never a hint that government, State or federal,
would or could possess any inherent or original powers.
←
← Yet, for all this, there were those who sought to pervert this sound
foundation of government, even today there are those who, in lawlessness,
seek to subvert the very foundation of our Republic in favor of a "unified
nationalist principle” contorting, through willful ignorance or malicious intent,
that the federal government, by will of its own, possess all inherent
sovereignty to legislate or function in any manner it sees fit. This pernicious
political doctrine, which began early in our country's history, relegates the
States to minor factionaries of the federal government and therefore, the
"nation"; in fact, they must view the federal government as the "nation" in
order to maintain such political doctrinal heresy. They view this country as a
consolidated "nation" under complete control of the federal government and
its functionaries as a corporate sovereign. Of course, since the 1860s, we
have seen this government, this foreign and perverted government; operate
exactly as one would expect a corporate sovereign to operate.
←
← It was a self-consolidation the government, fraudulently implemented
by force and caused the treasonable destruction of the Reserved Powers of
the States, thus the People themselves. The People were herded into a
consolidated and undivided nation state; eventually even the functions of
Constitutional government were skewed into favoring that nation state. This
was a massive transformation because originally the States made up the
federation and the general government was federal and not national in
character or functionality.
←
← These changes, these perverted transformations affected the very
worst type of consolidation, placing within this "national" government all
sorts of prerogatives that are almost regal in their execution. It has, for all
intents and purposes, become a self-contained corporate body with all the
characteristics of a complete sovereign with the ability to operate outside the
parameters of the Constitution to achieve both its goals and self-
perpetuation.
←
← At one time, the People had the power and ability to place the
pressure of their Will upon the government, knowing that all the checks and
balances restrained the government and restrained, to a large degree, the
actions of politicians. Thus under the guise and form of a Republic we now
have little more than a consolidated empire functioning under the auspices
of corporate despotism, disguised for its own benefit and function. Under
such auspices, as our own history bears out, such a militarily-backed
government despot can choose its own direction, its own actions even if it
means using force against the People and against their Will to govern
themselves by their Consent. In a very real sense, it means that this
government can execute its "right" to impose and enforce its assumed
"absolute supreme sovereignty" against its own People, and indeed, it has
done just that through the years. Today, this government operates under a
Simulacrum Constitution that is being adeptly administered in place of the
legitimate Constitution, this government now functions under an image of
the Constitution; a disguise that merely mask the level of tyrannical
usurpation, concealed, for the most part, from the People themselves.
←
← This foul effrontery, illegal and illegitimate at its core, allows this
government to find all the appropriate tools to stage and perform before the
eyes of the People, all the while its imperial polity is shackled upon the
People through a gradual bleeding of their Liberty and Freedom. The People
continue to be deceived through an image of civil liberty, doled out to them,
contingent upon their compliance to its will, its direction and its self-
perpetuation.
←
← All coercion by the federal government is an abridgment of Trust, since
each of our States, being equal in their Sovereignty through the People,
voluntarily acceded to the Union; the Constitution being the very expression
of their Will and Sovereignty, the federal government served only as the
agency, in such a system no coercive power over them by the federal
government could possibly be derived from the Constitution. It is also
logically impossible for an entity, through such a voluntary contract as the
Constitution, become involuntarily bound to that contract. In other words,
the States, in both nature and character, voluntarily entered into Compact
with each other resulting in the formation of the federal government, could
not then become involuntary entities merely by the act of entering a
voluntary union, the proof of which can be found in the Power of
Amendment. The States have the sole power to amend the Contract through
the Concurrent Consent of the People.
←
← Additionally, it is apparent, that under the Constitution, all disputes
rising between the various States are to be dealt with through very specific
statues; if the Constitutional Compact were dissolved it becomes obvious
that the law of nations would be applicable to the Individual States once
again. The Several States are the Citizens of those States, therefore, as
such; the Sovereignty rests solely in the People and therefore their
respective States as Independent and Free
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