STATE SOVEREIGNTY AND OUR CONSTITUTIONAL FORM OF GOVERNMENT HAVE SUFFERED SINCE 1861
Dear Editor: The following letter was sent to the following elected representatives last month:
December 2, 2010
Representatives Beardon, Byrd, Casas, Clark, J., Collins, D., Davis, S., Franklin, Harden, B., Hatfield, Hill, Ca., Horne, Jerguson, Maxwell, McBrayer,
Neal, Peake, Ralston, Sheldon, Williamson by FAX:
Our U. S. Senators appear to be marching to the beat of the K Street drummers (lobbyists). They most certainly ignore We the People who now elect them. My favorite game with Senator Chambliss, until I became bored with it, was to send him a letter with key words and see which ones his word recognition software used to generate an automated response. Our Senators are out of control in an out of control federal government.
S510, which will do away with small farms but has little to do with regulation, should be the lightening rod that condemns how U. S. Senators operate. Here’s a rundown on the top four recipients of Big Ag bucks: McCain $3.85M, Chambliss $3.68M, Lincoln $2.52M, McConman $2.27M. Lincoln is chair of the Senate Ag Comm. and Chambliss is the ranking member. They are sponsors of the bill. This is graft, greed, and corruption, all rolled into one package.
http://downwithtyranny.blogspot.com/2010/11/american-food-policy-toxic-starting.html
Total control of our Nations’ food supply will be turned over to the FDA, but . . .
The FDA has indicted itself with its own sub-committee report titled the FDA Science & Mission at Risk. Essentially, the report says that the FDA cannot fulfill its mission. We didn’t know that? We didn’t know that the FDA was totally in bed with Big Pharma? But do know they will be totally in bed with the big agri-business conglomerate. The full report can be reached thru the link. I advise you not to read it. If you do, you will never take another drug or eat anything you didn’t personally grow!
Click to access 2007-4329b_02_01_FDA%20Report%20on%20Science%20and%20Technology.pdf
So our dynamic duo voted against S510 but just 13 days prior to the vote they were for it and then they waffled and then we rung their phones off the hook and they voted Nay. But don’t forget for a minute that it was this same pair that voted to seat the most ethically challenged SOS and the most anti 2nd Amendment liberal as AG. A RINO is always a RINO. Weasels don’t change their spots. S510 is the ultimate condemnation of the system of U. S. Senators being controlled by K Street lobbyists.
Controlling the federal government is possible through nullification of unconstitutional mandates and a return to state sovereignty. Our government was set up with dual sovereignty whereby the states would have power and those powers of the envisioned small central government would be limited according to Art. I, Sec. 8 of the Constitution.
States’ rights were abolished in 1861 and the states’ power of redress was voided in 1868, as part of “reconstruction” when the 2nd Amendment militia state statutes were required to be expunged. The final blow to state sovereignty came in 1913 where it was intended that the states would lose their representation in the federal government due to ratification of the 17th Amendment.
Many states have passed nullification legislation. Many more have this legislation in process. None of this legislation will be totally effective until the states are represented again in Washington. The legislatures must take control of the U.S. Senators again.
The U. S. Constitution Art. I, Sec. 3, clause 1 states: “The Senate of the United States shall be composed of two Senators from each State, chosen by the legislature thereof for six years; . . .” the 17th Amendment only changed the part that read: “. . . chosen by the legislature . . . “ Neither the intent nor additional verbiage pertaining to Senators has changed.
As representatives of the state in its dual sovereignty position with the federal government, the Senators: “. . . shall have the sole power to try all impeachments.” U. S. Con. Art. I, Sec. 3, clause 6. The Senators represent the states in the trial of the head of the executive branch of the federal government.
“No state shall enter into any Treaty, . . .”. U. S. Con. Art. I, Sec. 10, clause 1 but “ . . . with the Advice and Consent of the Senate, to make treaties, provided two thirds of the Senators . . . . concur, . . .”. U. S. Con. Art. II, Sec. 2, clause 2. The Senators represent the state’s interests in ratifying treaties.
The U. S. Constitution Art. V concludes with: “ . . . and that no state, without its Consent shall be deprived of its equal Suffrage in the Senate.” This is quite clear. Ballentine’s Law Dictionary, 1930, defines suffrage as “The right to vote; . . . a right which does not exist except as granted by the constitution . . . “. The concept of designatio unius . . . seems to fit as the Founder’s concept of states’ representation exists by exclusion (see below). Art. V says that the states are allowed a representative vote by their U. S. Senators in equal numbers. The Constitution was obviously not changed in its intent for states to be represented by U. S. Senators in the federal government. The states could only give this right up by yet another amendment. No state has ever consented to change the number of U. S. Senators or give up its: “ . . . Suffrage in the Senate”.
Federalist LXII through LXVI deal exclusively with the Senate and its rule in representing the states. In Federalist LXII Madison writes: “Another advantage accruing from this ingredient in the Constitution of the Senate is the additional impediment it must prove against improper acts of legislation. No law or resolution can now be passed without the concurrence, first, of a majority of the people, and then of a majority of the States.” The states are weak in their input into the legislative process due to the intrusion of the democratic (mob rule) process of the 17th Amendment.
In Federalist LXIII Madison addresses the concern of a Senate out of control by stating: “Without corrupting the State legislatures it cannot prosecute the attempt because the periodical change of members would otherwise regenerate the whole body.” The Founders envisioned that the state legislature would replace one third of the Senate every two years! “Corrupt career politician” was not part of the Founders’ vocabulary.
Professor Gutzman J.D., PhD writes in the conclusion, on p. 219, of his book “P.I.G. to the Constitution”: “One serious obstacle to reform is the Seventeenth Amendment, . . .this stripped the state government of their sole significant check on federal overreaching.” But did it? All that is lacking for control of Senators by the state legislature is the will of the legislators and state statutes describing how it is to be done. It is clear that this was the intent of the U. S. Constitution and the Founders, according to the Federalist Papers.
Professor Barnett J.D., PhD in his book “Restoring the Lost Constitution” chap. 2, p. 38 talking about the Founders scheme of multiple checks and balances said that: “By the same token, state governments would have the power to check federal legislation through Senators chosen by state legislatures.” Barnett annotates the original system of checks and balances between the states and federal government. Gutzman and Barnett are attorneys, specializing in the Constitution.
On p. 68 of a recently published book by Robert Natelson titled: ”The Original Constitution, What it Actually Said and Meant”, he states: “Senators were to be the direct agents of the states. They therefore were elected by the state legislatures.” Natelson’s research is detailed and exhaustive. The book contains 691 references to his data. It should be required reading for all freshman legislators.
The words “chosen by the legislators” and nothing else were ripped from the Constitution by the seventeenth. So the Constitution still intends that the Senators represent the states and the Federalist still says that is what the Constitution means. Constitutional scholars affirm this.
So how would state legislators adopt policy as to how they deal with their Senators? The policy would state how and from whom the Senators took their direction and when and to whom they made their reports. The policy would also state that the Senator would be assumed to be resigned if he did not comply with the desires of the legislature.
A resolution would not be necessary to effect this change. The policy and resultant statutes would simply reference the Constitution. A simple poll could be conducted, if necessary, to see if We the People have a meaningful interaction with the Senators that they presently elect by ballot. Question two would be if the folks felt that their friend, neighbor and state Representative would have a better chance at controlling the Senators since it was their Constitutional responsibility to do so according to the oath they took upon assuming office. And question three is will you step up to the obligations of your oath and make this happen?
Sincerely,
M. J. Blanchard
cc:
media
grassroots
GOP
This letter was blast FAX’d a few weeks ago to most of the Representatives on the list. The list appears to be the conservative caucus in the Georgia House.
Copies have been made and all legislators on the mailing will receive a copy by hand carry tomorrow.
The previous mailing will allow a dialog to open that will inquire what they have done since they received the first letter.
There are no aspirations for anything great to come of this effort other than raising the level of awareness for the constitution and that We the People are out there and watching.
I think it’s time we found some Governors with the intestinal fortitude to proceed with their 10th Amendment State sovereignty rights! Here’s what I mean:
Governors in states like Alaska, Montana, and North Dakota should tell the Fed’s in Washington to shove-it and start recovering the natural resources found within their own States. The right of the Federal Government to control States natural resources isn’t one of the enumerated powers found in the Constitution. If the Fed’s threaten to no longer send federal dollars to that State, then the State should say, “So what, we’re going to sell our natural resources to the other States, and over time that will more than enough make up the difference”. If the Fed’s then say, “But we do have the power to regulate commerce, which means we won’t allow you to sell your natural resources”, to which I would reply, “The Fed’s only have the right to regulate commerce, which means keep it regular”. I would argue that preventing commerce isn’t regulating it because how can you regulate something that you’re not allowing to take place? Besides, those of us who understand the Founders intention understand that that enumerated power was intended to make sure that commerce was equal between the States and no State could be prevented from buying or selling its goods to or from other States.
The U.S. Geological Survey estimated undiscovered volumes of 3.65 billion barrels of oil, 1.85 trillion cubic feet of associated/dissolved natural gas, and 148 million barrels of natural gas liquids in the Bakken Shale Formation of the Williston Basin Province, Montana and North Dakota. If we “responsibility” begin to recover these resources we will put millions of citizen’s back to work and once again become the greatest industrial nation in the World! After all, what the heck are we saving these natural resources for anyway? Are we going to wait until China owns our entire country and becomes the owner of those resources? They’re already drilling off our southern shores. Are we stupid or what?
For God and Country.
Tom: Just for the sake of discussion: I own a very small block of Stock in 4 of our DOMESTIC Oll & Exploration/Production Co.’s For the last several years, I have followed Government, T. Boone Pickens and my Stocks through this DEBACLE!-(NO self-pity, here)-I believe that the primary goal of Government is to keep BILLIONS of BUCKS flowing to our Enemies so as to provide means for them to continue their JIHAD!! I don’t have much invested, but it pains me to see OUR Government-(loose term)-continue to DEPRIVE a 69 yr. old a couple of $$$ in Living Expenses!!
The Infra-Structure and Equipment is IN place, “O” cancels, modifies, restricts, dis-allows PERMITS on a daily basis, and Salazar enjoys EVERY Cancellation!
The U.S. has the Product and the Capabilities to Produce Fuel & Energy-just NOT the PERMITS!!
This is a brilliant and informative article. The author is absolutely correct. The demise of the Federated/Republic Government was in the exact three steps of 1861, 1868, and 1913. In particular the 14th amendment turned the constitution on its head. Regardless of its good intentions or parts of it that seem sane and reasonable – the problem is that this is the first time that it was sanctioned that in the hierarchy of things, the Federal government trumps the State governments, thereby not just changing or fiddling around the edges, but INVERTING the American Government.
Activities of Reconstruction further removed any teeth from the States. The 17th amendment may be the worst of the lot – and was the nail in the coffin of States’ Rights.
Our Federated Republic is GONE. I don’t know how to get it back.
To make matters even worse, and beyond and above the items discussed in the essay – there is the issue of anti- or un- constitutional agencies. Where in the constitution or any of its amendments do you find the authority for all the alphabet agencies? Particularly as they may have any power, as opposed to an advisory capacity? Try to connect the dots from the constitution to the FBI, DEA, IRS, EPA, etc. etc. – especially any power they may have to arrest you or incarcerate you. THERE IS NONE! Yet they do it all the time. These activities have become so ingrained into American Culture, that it would seem impossible to root them out.
The state legislatures have power to return the selection of US Senators to the state legislatures:
To propose an amendment to repeal the 17th amendment requires two-thirds of the state legislatures.
To ratify the amendment requires three-fourths of the state legislatures.
patriotactionnetwork article freedom to facism video
No Socialist, Progressive, Blue Dog Dem, RINO or even Conservative will do anything about this. Only Tea Party and Libertarian Congressional members would even touch this.
Libertarians exposed the FDA years ago. I followed drug companies for years because I invested in a couple of them. So I know about the FDA and how corrupt and incompetent they are from personal experience as an investor.
All of these agencies like the FDA, FTC, FCC among many others along with Federal employee union need to be abolished ASAP. Unfortunately I doubt that it will happen. Too many high ranking wealthy and powerful citizens and politicians have their greasy fingers in the money pot.
A State legislature that wants to make this loud and clear could start by publicly calling their ambassador Senators into the State house for discussions before any piece of Federal legislation, treaties, confirmation hearings, and notable hearings are to be taken up in DC. The legislature would have these discussion open to the public (perhaps) and they might publicly announce the direction they have given to their Ambassadors. If an Ambassador Senator fails to vote as directed by his/her State legislator, there might be several options. For example, if the Senator voted Yea vice Ney and a federal law was enacted, the State legislature could immediately nullify that law.
I can’t ever remember that our State Senators ever meet for official discussion with their State’s legislators. The only discussions are with those of the same party in private party meetings.
In the near term this won’t help a bit in my State as it is one of the bluest of the blue, but it would serve to wake people up to the Constitution, and that can only help in the longer run.
He got it right when he noted the ratification of the 17th Amendment. Senators no longer owe an allegiance to their State by virtue of being elected by their State Representatives.
Bottom line: Lobbyists’ money has more value than the desire of doing the right thing! They’re paid-off to represent the few at the expense of the many!
You know what makes me laugh? Our ignorant Congressmen! It was proven with a recent report on World Net Daily that most congressmen and women don’t understand the Constitution or the fundamental premise of our form of government. One of the reasons the Founders specifically wanted a Representative form of government was to prevent knee-jerk legislation. If we were simply a Democracy, then a knee jerk reaction by a majority of the citizenry to a shooting, like the one in Tucson, would demand new set of laws about gun control. The Founder’s understood that the Representatives would not get caught-up in the moment and allow time for cooler heads to prevail before they would just pass some stupid knee-jerk legislation. Isn’t it funny though that the Congressmen and women are the first ones to call for knee-jerk legislation? That point alone shows you that we have the wrong type of people representing us in Washington.
For God and Country
GOOD QUESTION!! How about this: “Good ‘OLE Boy, Greedy-ME, I LOVE Money” Politicians and an Electorate that has “Been Asleep at Wheel” since 1913??
Our First Responsibility is to the Welfare of Family, our second is to our Nation!!
Electing the SAMO, SAMO, “Representatives??” without OVERSIGHT by the People has a lot to do with this DEBACLE we are Facing!! Due Diligence in Controlling Government has taken Second-String because Citizens are forced to devote most of their time, Working, Paying Taxes, dealing with a Generation of ????, e.t.c.!!
STATES: Invoke the 10th Amendment, RE-Instate the GRAND JURY, Investigate the Electoral College, DIS-ALLOW “‘DA FED”, REVOKE the 14th Amendment and the “Commerce Clause”, ABOLISH and CHANGE Government, as called out in the “Declaration, and is our DUTY and RESPONSIBILITY to DO SO!
Arrest “O” for TREASON and High Crimes against America and Her Citizens!
Begin a “Class Action Lawsuit” against 535 Members of the “Legislative Brance” for “Contempt of the Constitution” and Abrogating their Fiduciary Responsibilities to “The Public Trust”, for KNOWINGLY Allowing a USURPER into OUR Capitol!
“THAT’S ALL, FOLKS!!” YaDa,YaDa,YaDa~~~~~~~~~~~
This is all so true. There has already been too much talk for much too long. The have been embedded for far to long to loose them with words. Truth will not sway them. It will take the flames of many torches to rid ourselves of these vile creatures.