The United States Are Not a Nation

Thirteen Reasons Why the United States Government is Federal, Not National

1. Federal because Declaration establishes that the colonies were free and independent states.

2. Federal because an American nation able to make a national Constitution never existed.

3.  Federal because Constitution was only obligatory upon states that ratified; and because each state comprised a sovereign people, and no people existed, invested with a sovereignty over the thirteen states.

4. Federal because the mere establishment of state governments demonstrated the existence of state nations.

5. Federal because of the federal convention’s rejection of a resolution calling for a national legislature with a veto over state legislation.

6. Federal because the word ‘supreme’ used twice in the Constitution does not in either case confer supreme national power. In the one case, it refers to the supremacy of the highest federal court over the inferior federal courts; and in the other the supremacy of the Constitution and laws made in pursuance thereof over all other law.

7. Federal because national jurisdiction now claimed for federal courts was rejected.

8. Federal because of conditional ratifications of the state conventions.

9. Federal because of the 10th Amendment.

10. Federal because states were explicitly sovereign under Declaration, states voted by states at the convention, states ratified Constitution as states, states amended the Constitution as states, states reserved power of amendment as states, each state had equal representation in the senate, and states vote for president as states.

11. Federal because union, unlike states, has no innate sovereignty; union is subordinate to states because states had formed union, and can ‘unform’ it 209

12. Federal because of Federalist assurances.

12.1. Federalist assurance that states may use force to oppose federal usurpation.

12.2. Federalist assurance that states retain all power except when union given exclusive authority. States have concurrent authority to exercise delegated union powers unless union power is exclusive.

12.3. Federalist assurance that exclusive union authority only exists in three cases.

12.31. Specific illustrations of the three cases of exclusive federal power.

12.311. Case 1. Where Constitution in express terms granted an exclusive authority to the union.

12.312. Case 2. Where it granted in one instance an authority to the union, and in another prohibited states from exercising like authority.

12.313. Case 3. Where concurrent state power is expressly prohibited.

12.4. Federalist assurance that ‘necessary and proper’ clause does not give government a wide range of sovereignty.

12.5. Federalist assurance that if the government make a tyrannical use of powers, the people, whose creature it is, may take such measures to redress the injury done to the Constitution as exigency may suggest and prudence justify.

12.6. Federalist assurance that a coordinate federal-state authority exists.

13. Federal government supremacy does not arise from the supremacy clause; clause only confers supremacy on the Constitution. Therefore, state laws within their reserved powers, are equally supreme with those of union within its delegated powers.

Published in: on July 6, 2011 at 9:43 am  Leave a Comment  

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