Friday, April 30, 2010

The Federal Government is Not Sovereign

By Matthew Collins
http://www.collingsforgov.com/

Let’s take a quiz.

These questions are very easy to answer so don't worry, you wont strain your brain that much.

I would like for you to consider two flags. In America, there are typically two flags that fly in front of the court house: the American Flag and another flag below it known as the State Flag.

Question 1. Which flag is the flag of our State?
Question 2. Which flag is the flag of our country?
Question 3. Which flag is the flag of our nation?

Take a moment to consider your answers and we’ll discuss them momentarily.

Consider this. In 1776 thirteen British Colonies along the eastern seaboard of North America unanimously declared that each of them was a separate, free and independent State. Each of these States entered into a confederacy under the Articles of Confederation where, as a term of their union, it was declared that “each State retains it sovereignty, freedom and independence.”

Later King George, III acknowledged in the Treaty of Paris that each of the United States were separate, free and independent States just like the States of England, Spain and France were separate, free and independent States.

Then in 1787, a new constitution was written and submitted to the States for their approval. Upon the ratification of nine States this new constitution went into effect among the States who ratified it. Thereafter, it was quickly amended reserving the following two rights.

First that the naming of certain rights in the Constitution did not deny or disparage other rights that the people also possessed and secondly, that all powers of sovereignty that were not delegated to the federal government by the Constitution were reserved to the people, and that the State government of each State was free to exercise all powers of sovereignty that they did not specifically agree to abstain from exercising as a term of the agreement of their union with one another.

With this understanding, it should be clear that the States are still the true possessors of all sovereign authority of the United States. It should also be clear that the federal government possesses no sovereign powers whatsoever. This is contrary to popular belief and popular teachings but it is the truth. What the federal government does possess, however, is the authority to coordinate and act on behalf of the several States that make up the union, exercising their sovereignty in all interaction between the States of the Union and foreign States, as well as the coordination of the foreign powers of the several States in relation to each other as members of the union.

In short the federal government of the United States is not itself sovereign, but is rather the agent representing the sovereignty of the member States. As an agent, the federal government is nothing more than a common slave of the State governments that created it. Remember the States created the federal government; the federal government did not create the several States. The States had existed for eleven years prior to the writing of the Constitution and it would take another two years before that Constitution, and the federal government it created, took effect.

As a term of their mutual agreement, the States agreed that the federal constitution, all laws made in accordance with federal constitution, and all treaties made under the authority of the federal constitution, would be considered binding upon all of the States regardless of the constitution or laws of any respective State in the union at the time to the contrary. This is the meaning of the federal constitution’s supremacy clause.

It must be understood that any law or treaty made by the federal government without a specific authorization in the federal constitution is not made in accordance with the federal constitution, nor is it under the authority of the constitution, in spite of the fact that the process outlined in the constitution was followed. If the constitution does not authorize the federal government to take a specific action, then no matter how closely the federal government follows the process outlined in the federal constitution, the law or treaty is itself void because it was enacted without any authority from the States which the federal government represents.

In this case, the law or treaty is void from the beginning and has no effect whatsoever. No matter how many congressmen voted for it! The fact that such legislation may have been signed by the President of the United States and used as a basis of a United States Supreme Court decision likewise renders no support to its constitutionality. The simple fact remains that if the federal constitution does not specifically authorize federal involvement, then there is absolutely no possibility that any such law or treaty is constitutional or in actual effect. There is absolutely no obligation upon any State to obey or comply with any such law or treaty nor is such a law or terms of such a treaty in any way binding upon any American or any State.

Let us return to the quiz at the beginning of this article. How did you answer those three questions? Were your answers different? The correct answer to all three questions is the Kansas Flag. Kansas is our State. Kansas is our country. Kansas is our nation. The American Flag is not the flag of our State, nor of our country, nor of our nation. What the American Flag is, however, is the flag of our Union.

The German Flag, the French Flag, the Italian Flag, the Spanish Flag, the Belgium Flag, et. al. are flags of States, countries and nations. Just like our fifty State Flags are flags of States, countries and nations. Senator Daniel Webster testified to this fact when he stated “the States are nations.”

The European Union Flag is a blue background with twelve five-pointed stars arranged in a circle. Similarly, the flag of the American Union once had a blue background with thirteen five-pointed stars arranged in a circle upon it as well adjacent to thirteen alternating red and white stripes; we call this flag the “Betsy Ross” flag. In time we added both stripes and stars for each new State that joined our union and then decided to just add the stars and leave the stripes at the original thirteen. In Europe, they decided to leave the stars at twelve regardless of any change in union membership.

This lack of understanding of the nature of our own country and of our own union is necessary for the introduction of a North American Union. This is because the North American Union is a union between three separate nations, Canada, Mexico and the United States of America. But this is a fallacy that can only stand when the people are ignorant of their own governments. There is no need for a North American Union. We already have one!

If Mexico, Canada and the United States want to join together under a single government, the course of action is very simple. Canada and Mexico just have to submit a request to the congress of the United States for admittance as the 51st and 52nd States of the United States. As long as they agree to abide by the terms and conditions of the federal Constitution of 1787, there is no reason these two foreign States could not become accepted members in to our American Union under the United States Constitution.

Mexico is already a constitutional republic so very little change would be needed to adapt its constitution to fall inline with the terms of our mutual agreement to which our 50 States have already consented. Canada has an issue in that they would have to alter their constitution adapting the executive branch from that of a constitutional monarchy to a constitutional republic. This is because the federal Constitution of the United States guarantees to every State a republican form of government therefore a monarchy such as Canada is strictly prohibited. Once that is completed, they would be able to be admitted without any problem.

In a future article I will discuss what powers these two States would have to surrender in order to join the United States and some of the other terms and conditions of such a union. I will bring this up because it is important to understand that these restrictions are the only restrictions upon the exercise of a State’s sovereign power while remaining a member of this American Union under the Constitution of 1787. It is only by understanding the powers that are restricted as terms of union, that you can understand the full extent of sovereign powers still retained by each of the 50 States and which can be exercised by them, or each of them, today.

I would also like to add that I am not advocating that Canada and Mexico join the United States. That is a choice that must be initiated by them and I see no evidence that either State has a desire to actually do so. Furthermore it is not the job, responsibility or business of the federal government of the United States to actively seeking the admission of new States into the Union, nor is there any delegation of power authorizing the federal government to engage in that activity. Rather, they are to only consider the requests presented to them for their consideration and if they find the petition for admittance acceptable are authorized to accept the new State into our union of freely associated sovereign States. I merely bring it up to point out that we already have in our possession, and already belong to, a North American Union and have since 1776! There is no need for a new North American Union and no reason for the United States to surrender any rights, freedoms or sovereignty in order to form such a union when we are already members of one.

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