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Constitutional

Perspective

This article is our recent addition to help the American public understand the magnitude of how far outside of the Constitution the general government is operating. Go to our "Constitutional Articles" page (link to the right) to get all the important information that has preceded the current article.

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The Recommended National Party Platform

The Party Platform

National Platform from the Great State of (State Name)

The U.S. Constitution is a compact, written for and by the States.  In accordance with Article VII of the U.S. Constitution “The Ratification of the Conventions of nine States, shall be sufficient for the Establishment of this Constitution between the States so ratifying the Same;” giving the U.S. Constitution force and creating the general (i.e. a federal) government.  The U.S. Constitution is an enumerated Constitution – not a general Constitution.  Therefore the only roles, responsibilities, and powers (RRPs) that the general government can exercise are strictly limited to those RRPs enumerated in the Constitution or Constitutionally ratified Amendments.  A general Constitution would grant general ambiguous powers leaving full discretion to the general government.  Per Article V of the Constitution the general government is not give the ability to grant itself powers.  The only way a new power could be granted is through the Article V Amendment process, which requires three-fourths of the States to agree via ratification.  Consequently, this gives the States the ultimate say over any changes to the Constitution; thus, the States are the principle stakeholders and final arbiters of their compact.

Background

During the Ratification debates of the U.S. Constitution these were the assertions of the advocates of the acceptence of the U.S. Constitution and are legally binding terms and definitions of the U.S. Constitution:

James Wilson, December 4, 1787, in the Debates in the Convention of the State of Pennsylvania, on the Adoption of the Federal Constitution stated “Whoever views the matter in a true light, will see that the powers are as minutely enumerated and defined as was possible, and will also discover that the general clause, against which so much exception is taken, is nothing more than what was necessary to render effectual the particular powers that are granted.”


In the same Pennsylvania debate with Mr. Wilson, Thomas McKean, December 11, 1787, asserted the general government was only supreme in the powers delegated by stating “And, in declaring "that 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," this has at last been conceded, that, though it is explicit enough, yet it gives to Congress no further powers than those already enumerated. Those that first said it gave to Congress the power of superseding the state governments, cannot persist in it; for no person can, with a tolerable face, read the clauses over, and infer that such may be the consequence.“


Mr. Christopher Gore, January 15 1788, Debates in the Convention of the State of Virginia, on the Adoption of the Federal Constitution “This might be perfectly applicable to the ancient governments, where they had no idea of representation, or different checks in the legislature or administration of government; but, in the proposed Constitution, the powers of the whole government are limited to certain national objects, and are accurately defined.”


James Madison on the 6th of June 1788, in the Debates in the Convention of the State of Virginia, on the Adoption of the U.S. Constitution provided clear and succinct testimony affirming and defining the limits of the general government jurisdiction as: "the powers of the federal government are enumerated; it can only operate in certain cases; it has legislative powers on defined and limited objects, beyond which it cannot extend its jurisdiction."


In the same Virginia debates, Mr. George Nicholas, June 10 1788 stated “In England, in all disputes between the king and people, recurrence is had to the enumerated rights of the people, to determine. Are the rights in dispute secured? Are they included in Magna Charta, Bill of Rights, &c.? If not, they are, generally speaking, within the king's prerogative, In disputes between Congress and the people, the reverse of the proposition holds. Is the disputed right enumerated? If not, Congress cannot meddle with it.”


In the same Virginia debates John Marshall, June 20 1788, testified and defined the jurisdiction of the federal courts, including the United States Supreme Court, as: "If they were to make a law not warranted by any of the powers enumerated, it would be considered by the judges as an infringement of the Constitution which they are to guard. They would not consider such a law as coming under their jurisdiction. They would declare it void."

Declaration

These are a few of the many harmonious terms and definitions of the U.S. Constitution.  Consequently, the general government including the federal courts is constrained to the specific enumerated powers delegated; that if any new RRP to extend jurisdiction for the general government is to be created then that RRP must be delegated by the Article V amendment process as agreed to in the ratification debates. Therefore, all federal jurisdictions must be challenged and proven within the U.S. Constitution to rectify all usurpations by any means and branches of the general government.   Therefore, in congruence with the Ninth and Tenth Amendments “powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”


The U.S. Constitution being a compact and was unanimously ratified by all States; consequently, all the testimonies that clarified, explained, and defined the meaning of the Constitution for the united States of America during each States’ Ratification Debates of the U.S. Constitution are legally binding terms and definitions of the U.S. Constitution as an inherent condition of contract law.
In accordance to the Constitution for the united States of America, the general government only has exclusive legislative powers over the District of Columbia; therefore, the following Executive Departments exercising RRPs outside the aforementioned District have not been formally delegated to the general government by the States through an Article V Amendment:  Interior, Justice, Agriculture, Commerce, Labor, Health and Human Services, Housing and Urban Development, Transportation, Energy, Education, and Homeland Security, along with a plethora of agencies and offices.  Therefore, these are unconstitutional exertions and usurpations of States’ RRPs.


Moreover, since the ratification by all original thirteen States’, each new State that has assented to the compact is an independent sovereign State.  Each became an integral party to the compact.  In congruence with Article IV, Section 3 that “New States may be admitted by the Congress into this Union; but no new State shall be formed or erected within the Jurisdiction of any other State; nor any State be formed by the Junction of two or more States, or Parts of States, without the Consent of the Legislatures of the States concerned as well as of the Congress.”  These new States must be considered co-equals in the Union with equal powers, footing, and sovereignty.  In accordance to the compact per Article I Section 8 Subsection 1, known as the uniformity clause, required the general government to treat each State with complete uniformity.  There is no Amendment and no such wording to delegate to the general government the ability to subjugate States as the last of the territories were being formed into States.   The Missouri Compromise was unconstitutional and the general government usurped unconstitutional and immoral powers to dictate to a State that it was to be a free or slave State – regardless if the States agreed – the only method of agree to any change IS the Article V process.  To date there has been no amendment to alter the admission standards for new States joining the union, nor granting the general government the power to obtain any State land outside of what is enumerated in Article I Section 8 Subsection17.  Therefore, all State’s entering into the Union on anything other footing than as equal independent sovereigns is unconstitutional.


Therefore, as a sovereign coequal independent State, (State Name) State demands that the general government comply with the Constitution for the united States of America.  That the (State Name) State (Party Name) Party calls upon all Legislators of the State of (State Name) to fulfill their oath of office in supporting the Constitution and call upon all States in the Republic to participate in a full audit process of the States’ compact for this Republic to enforce their compact and to restore the Constitutional Republic.

 

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