What is a State?

AND WHAT ARE ITS POWERS?

by Steven Wayne Pattison, ©2011

Thomas Hobbes's "Leviathan" advocates a strong central government for any political entity so as to avoid war and civil unrest

(Nov. 15, 2011) — [Editor’s Note:  The following essay is a continuation of the State Sovereignty discussion published on October 31, 2011.]

How many different types of states are there?  Starting on page 4405 of Black’s Law Dictionary (8th ed. 2004), you will find more than one definition for the term ‘state’ and the following different types of states – ‘client state’; ‘imperial state’; ‘nonsovereign state’; ‘part-sovereign state’; ‘police state’; ‘receiving state’; ‘satellite state’; ‘sending state’; ‘simple state’; ‘social-service state’; ‘sovereign state’; and ‘unitary state’ with different definitions.

Now for a simpler definition for the De jure States of the Union where you will find the following definition – “8. The district of Columbia and the territorial districts of the United States, are not states within the meaning of the constitution and of the judiciary act, so as to enable a citizen thereof to sue a citizen of one of the states in the federal courts. 2 Cranch, 445; 1 Wheat. 91.” The following found within Page 538 of the THIRD EDITION 1848 of volume II – ‘A LAW DICTIONARY ADAPTED TO THE CONSTITUTION AND LAWS OF THE UNITED STATES OF AMERICA AND OF THE SEVERAL STATES OF THE AMERICAN UNION’ by John Bouvier.

STATE, government. This word is used in various senses. In its most enlarged sense, it signifies a self-sufficient body of persons united together in one community for the defence of their rights, and to do right and justice to foreigners. In this sense, the state means the whole people united into one body politic; (q. v.) and the state, and the people of the state, are equivalent expressions. 1 Pet. Cond. Rep. 37 to 39; 3 Dall. 93; 2 Dall. 425; 2 Wilson’s Lect. 120; Dane’s Appx. §50, p. 63 1 Story, Const. §361. In a more limited sense, the word `state’ expresses merely the positive or actual organization of the legislative, or judicial powers; thus the actual government of the state is designated by the name of the state; hence the expression, the state has passed such a law, or prohibited such an act. State also means the section of territory occupied by a state, as the state of Pennsylvania.

2. By the word state is also meant, more particularly, one of the commonwealths which form the United States of America. The constitution of the United States makes the following provisions in relation to the states.

3. Art. 1, s. 9, §5. No tax or duty shall be laid on articles exported from any state. No preference shall be given by any regulation of commerce or re-venue to the ports of one state over those of another, nor shall vessels bound to or from one state be obliged to enter, clear, or pay duties in another.

4. – §6. No money shall be drawn from the treasury but in consequence of appropriations made by law; and a regular statement and account of the receipts and expenditures of all public money shall be published from time to time.

5. – §7. No title of nobility shall be granted by the United States, and no person holding any office of profit or trust under them shall, without the consent of congress, accept of any present, emolument, office, or title of any kind whatever, from, any king, prince, or foreign state.

6. – Art. 1, s. 10, §1. No state shall enter into any treaty, alliance, or confederation; grant letters of marque and reprisal; coin money; emit bills of credit; make anything but gold and silver coin a tender in payments of debts; pass any bill of attainder, ex-post-facto, or law impairing the obligation of contracts; or grant any title of nobility.

7. – §2. No state shall, without the consent of congress, lay any imposts or duties on imports or exports, except what may be absolutely necessary for executing its inspection laws; and the net produce of all duties and imposts laid by any state on imports or exports shall be for the use of the treasury of the United States, and all such laws shall be subject to the revision and control of congress. No state, shall, without the consent of congress, lay any duty on tonnage, keep troops or ships of war in time of peace, enter into any agreement or compact with another state, or with a foreign power, or engage in war, unless actually invaded, or in such imminent danger as will not admit of delay.

8. The District of Columbia and the territorial districts of the United States, are not states within the meaning of the constitution and of the judiciary act, so as to enable a citizen thereof to sue a citizen of one of the states in the federal courts. 2 Cranch, 445; 1 Wheat. 91.

Vide, generally, Mr. Madison’s report in the legislature of Virginia, January, 1800; 1 Story’s Com. on Const. § 208; 1 Kent, Com. 189, note b; Grotius, B. 1, c. 1, s. 14; Ib. B. 3, c. 3, s. 2; Burlamaqui, vol. 2, pt. 1, c. 4, s. 9; Vattel, B. 1, c. 1; 1 Toull. N. 202, note (1); Nation; Cicer. de Repub. 1. 1, s. 25.

The Revised Sixth Edition contains the part beginning with ‘Vide’ above as found on site page added to number 9 as stated in the following. It is questionable that from 1848 to 1856, only eight years, they would have had to add the following. The Federal Constitution was adopted on September 17, 1787, and by 1848, they would have had all this worked out, one would think.  What happened sometime after 1848 for them to identify “things not surrendered to the national government by the constitution”? There is only one large event before 1856 which will take another webpage to fully cover. It can be called the ‘Conspiracy’ to ‘Divide’ the People. As reported within ‘A Time for Choosing, Part III’, Lincoln explains a ‘Conspiracy’ to ‘Divide’ the People which had started long before 1856.

The first ten amendments were reportedly adopted for this reason as stated within the Preamble – “in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added: And as extending the ground of public confidence in the Government, will best ensure the beneficent ends of its institution.” Also found on the Preamble website – “These amendments were ratified December 15, 1791 from what is known as the “Bill of Rights.” Here I have to object, and you should, also, if you read what is reported:  they were “declaratory and restrictive clauses” just like the rest of the Federal Constitution, which are instructions for the elected and appointed officials of their required duties when they took their required Oath of Office.  The act of Congress of June 1, 1789, 1 Story’s L. U. S. p. 1, regulates the time and manner of administering certain oaths and is explained within LAW DICTIONARY by John Bouvier  The first ten amendments were presented to Congress as a Bill to amend, but they were never a list of Rights.  When adopted, they were no longer a Bill. When time allows, research on what a ‘Bill of Rights’ really is will be added as a separate URL.

For the record, there is no reason that the following was added to the definition of ‘STATE’ within the ‘Revised Sixth Edition, 1856’ of LAW DICTIONARY by John Bouvier.  I do not know of anything covered within ‘Constitution for the United States of America’ because it is “declaratory and restrictive clauses” instructing what our servants can and cannot do. There were things required of the national government such as “to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity”. Do you think someone failed or was there a conspiracy afoot?

It is important that a man who became President within a speech exposed a conspiracy identifying the following four men:

Stephen Arnold Douglas (April 23, 1813 – June 3, 1861) was an American politician from the western state of Illinois, and was the Northern Democratic Party nominee for President in 1860. He lost to the Republican Party‘s candidate, Abraham Lincoln, whom he had defeated two years earlier in a Senate contest following a famed series of debates.

President Franklin Pierce (November 23, 1804 – October 8, 1869) was the 14th President of the United States (1853-1857)

Roger Brooke Taney (pronounced /ˈtɔːni/ taw-nee; March 17, 1777 – October 12, 1864) was the fifth Chief Justice of the United States, holding that office from 1836 until his death in 1864.

President James Buchanan, Jr. (April 23, 1791 – June 1, 1868, English pronunciation: /bjuːˈkænən/) was the 15th President of the United States (1857–1861). He is the only president from Pennsylvania, the only president who remained a lifelong bachelor and the last to be born in the 18th century.

9. The several states composing the United States are sovereign and independent, in all things not surrendered to the national government by the constitution, and are considered, on general principles, by each other as foreign states, yet their mutual relations are rather those of domestic independence, than of foreign alienation. 7 Cranch, 481; 3 Wheat. 324; 1 Greenl. Ev. §489, 504. Vide, generally, Mr. Madison’s report in the legislature of Virginia, January, 1800; 1 Story’s Com. on Const. §208; 1 Kent, Com. 189, note b; Grotius, B. 1, c. 1, s. 14; Id. B. 3, c. 3, s. 2; Burlamaqui, vol. 2, pt. 1, c. 4, s. 9; Vattel, B. 1, c. 1; 1 Toull. n. 202, note 1 Nation; Cicer. de Repub. 1. 1, s. 25.

Everyone needs to become knowledgeable with his or her state constitution and the Federal Constitution so that we collectively will know what is Constitutional or not. The four men identified above did things that were unconstitutional, causing over 31 million people to die needlessly.

CONSTITUTIONAL. That which is consonant to, and agrees with the constitution. – ‘Revised Sixth Edition, 1856’ of LAW DICTIONARY by John Bouvier.

2. When laws are made in violation of the constitution, they are null and void: but the courts will not declare such a law void unless there appears to be a clear and unequivocal breach of the constitution. 4 Dall. R. 14; 3 Dall. R. 399; 1 Cranch, R. 137; 1 Binn. R. 415 6 Cranch, R. 87, 136; 2 Hall’s Law Journ. 96, 255, 262; 3 Hall’s Law Journ. 267; Wheat. Dig. tit. Constitutional Law; 2 Pet. R. 522; 2 Dall. 309; 12 Wheat. R. 270; Charlt. R. 175, .235; 1 Breese, R. 70, 209; 1 Blackf. R. 206 2 Porter, R. 303; 5 Binn. 355; 3 S. & R. 169; 2 Penn. R. 184; 19 John. R. 58; 1 Cowen, R. 550; 1 Marsb. R. 290 Pr. Dec. 64, 89 2 Litt. R. 90; 4 Monr R. 43; 1 South. R. 192; 7 Pick. R. 466; 13 Pick. R. 60 11 Mass. R. 396; 9 Greenl. R. 60; 5 Hayw. R. 271; 1 Harr. & J. 236; 1 Gill & J. 473; 7 Gill & J. 7; 9 Yerg. 490; 1 Rep. Const. Ct. 267; 3 Desaus. R. 476; 6 Rand. 245; 1 Chip. R. 237, 257; 1 Aik. R. 314; 3 N. H. Rep. 473; 4 N. H. Rep. 16; 7 N. H. Rep. 65; 1 Murph. R. 58. See 8 Law Intell. 65, for a list of decisions made by the supreme court of the United States, declaring laws to be unconstitutional.

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