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Selkirk Mountain Real Estate

Upside Down Thinking

If those laws are not pursuant to the Constitution then they are acts of usurpation.

Upside Down Thinking

Upside Down Thinking

Guest Editorial by Mark Quinn

Too many people today seem to accept that the federal government and any law they make are supreme in the United States. They will argue that anything the government does is fine and dandy because it provides for the well being of the people. They quote as their proof the preamble to the constitution. Specifically the “…promote the general welfare…” portion.

However the preamble is not the constitution, but a single sentence stating why “We the People” need the constitution that follows and the government it creates.

Most view the federal government at the top of the political food chain with states one notch down and the people on the bottom. The people are to obey whatever any federal and state laws says, and pay (in taxes) for the privilege of obedience to the “Leaders.”

But this is completely upside down. And the constitution proves it. One need not be a lawyer to understand the constitution. The people are sovereign and possess God given rights. Among (but not limited to) these are Life, Liberty, and the Pursuit of Happiness. And of course the Bill of Rights codified certain rights to further clarify the limits of the federal government.

States are next and are sovereign only because the people are. And the Federal Government is sovereign only as it exists among the governments of other nations and only because it is a construct of the sovereign states and their sovereign citizens.

The Constitution creates the structure of the government and assigns them their responsibilities. Those responsibilities are the enumerated powers listed in Article 1. The 10th amendment clarifies that ANYTHING not listed as a power of the federal government and not specifically denied to the states, is up to those states or the people. “Or the people” is anything beyond the powers assigned to the states by the people in their state constitutions. I think we can equate the word “Power” here with “Responsibility.”

So the people are the top of the political food chain and we delegate some responsibilities to our state and fewer yet to the federal government.

So if we follow this logic any law passed by the federal government that does not relate to those enumerated powers (responsibilities) is no law at all and carries zero weight. Now many will counter with a misquote of the mighty “Supremacy Clause.” They will quote “the laws of the United States are the supreme law of the land.” Which would be a great argument except for the fact that that’s not what it says.

It says…

“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.”

“The Constitution” along with “laws made in pursuance” of the constitution… ( I.e. the enumerated powers) shall be the supreme law of the land. (I would point you here to the second to the last paragraph of Federalist33. And in particular the following:

“But it will not follow from this doctrine that acts of the large society which are NOT PURSUANT to its constitutional powers, but which are invasions of the residuary authorities of the smaller societies, will become the supreme law of the land. These will be merely acts of usurpation, and will deserve to be treated as such.”

By way of example, I know I don’t see any responsibility for education mentioned in Article 1. Nor do I see any limit of educational responsibility to the states. So based on the 10th amendment those responsibilities belong to the states or the people. If the people of one state give that duty to the state in their constitution then it is theirs. If not, it remains with the people. Either way, “Common Core” and CRT in the curriculum of any school as imposed by the federal government has no weight and is not law. It therefore need not be obeyed. The same is true for socialized medicine, the Federal Reserve, and a host of others.

We all by now are familiar with the quote of Chief Justice Marshall… “Any law repugnant to the Constitution is null and void.” But there are many more. For example…

An unconstitutional act is not law. It confers no rights; it imposes no duties; affords no protection; it creates no office. It is, in legal contemplation, as inoperative as though it had never been passed.” – Norton v. Shelby County, 118 U.S. 425 (1886)

No one is bound to obey an unconstitutional law, and no courts are bound to enforce it. The general rule is that an unconstitutional statute, whether federal or state, though having the form and name of law, is in reality no law, but is wholly void and ineffective for any purpose, since unconstitutionality dates from the time of its enactment, and not merely from the date of the decision so branding it. AN UNCONSTITUTIONAL LAW, in legal contemplation, IS AS INOPERATIVE AS IF IT HAD NEVER BEEN PASSED.“ – 16 American Jurisprudence 2d, Sec. 256

This is the essence of Nullification. Congress, who are in The People’s employ, do not get to make law solely based on what they deem to be in our best interest if it does not align with the enumerated powers in the Article 1. This also goes for the Executive and Judicial branches who hold no authority to create law.

We the people and the sovereign states are rightly subject to the Supremacy of the Constitution and laws made in pursuance thereof. But if those laws are not pursuant to the Constitution then they are acts of usurpation.

Again quoting Alexander Hamilton in Federalist 33… “If the federal government should overpass the just bounds of its authority and make a tyrannical use of its powers, the people, whose creature it is, must appeal to the standard they have formed, and take such measures to redress the injury done to the Constitution as the exigency may suggest and prudence justify.”

We need to closely examine those we seek to represent us. They need to share the concept that “We the People” are the leaders of this nation and that government (State and Federal) is there solely to protect our sovereignty.

They all exist only while we, the governed, consent.

 

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1 Comment on Upside Down Thinking

  1. Thank you for bothering to read, learn and know what powers were/are delegated to those who serve within our governments through the US Constitution (supreme contract for all who serve within our governments).

    God Bless!

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