The States are Sovereign Nations
Much controversy
exists regarding the powers of states under the Constitution; however these
controversies contain the common error of believing the
State sovereignty
began, officially, under the U.S. Declaration of Independence, wherein the
colonies were declared to be “free and independent states…” and that as
free and independent states, they had the full power to levy war, conclude
peace, contract alliances, establish commerce, and “to do all other acts and
things which independent states may of right do.” This clearly defines the states to be
sovereign nations—and the union among
them was simply a military alliance for mutual support, rather than a conjoined
effort to produce a one sovereign state (i.e. one nation) out of the thirteen colonies; rather, each colony was to be a free, sovereign
and independent state.
This sovereign
status was retained under the Articles of Confederation, under which each state
expressly retained its sovereignty,
freedom and independence; likewise, this status was universally recognized
among sovereign nations of the world, under the Paris Peace Treaty of 1783, in
which
This point is key, since many people—including some recognized as Constitutional experts— believe that the Constitution formed the states into a single nation. However this belief is flawed, for the simple and obvious reason that sovereign nations cannot conjoin themselves into a single nation by anything but express, clear and direct language. For example, Article I of the Paris Peace Treaty reads as follows:
His Brittanic Majesty acknowledges the said United States,
viz., New Hampshire, Massachusetts Bay, Rhode Island and Providence
Plantations, Connecticut, New York, New Jersey, Pennsylvania, Delaware,
Maryland, Virginia, North Carolina, South Carolina and Georgia, to be free
sovereign and independent states, that he treats with them as such, and for
himself, his heirs, and successors, relinquishes all claims to the government,
propriety, and territorial rights of the same and every part thereof.
This language presents a clear
example of sovereignty being acknowledged to a new state—and relinquished by an
old one; and no such language exists in the Constitution, to connote any such similar
intent by the individual states. This very absence of express language precludes their having done so, and thus
leaves each state’s sovereignty—i.e. its status as a separate nation— fully intact; simply put, the People of the
individual states did not intend to conjoin their sovereignty into a single
nation—just a federal republic of separate
nations; and they fully intended to keep
it that way..
For this reason,
unionists find it necessary to twist the
Constitution in order to find such
meaning and intent, mining such passages such as the Preamble, the so-called
“Supremacy Clause,” and various usages of the terms “shall” and “shall not”
etc. However they all fail utterly to convey any such intent whatsoever. Again,
while a nation still cannot relinquish its sovereignty by such indirect
language, these interpretations are likewise clear misinterpretations of the Constitution’s actual original intent and
meaning.
Let’s begin with the
phrase “We the People of the
Rather, as has
been explained elsewhere, the phrase “the People of the
Other common arguments from the Constitution likewise fail for the same reason: i.e. they lack any sovereign context, lacking any individual state’s express intent to relinquish its sovereignty; and therefore, the states simply continued to exist as separate nations—not as parts of a single nation. In short, the Constitution is simply law; however all law is merely an instrument of a nation’s sovereign ruler—i.e. the person or person’s charged with the supreme authority of exercising power. This sovereign recognizes no superior, since any such superior would naturally be the supreme ruler.
For these reasons,
therefore, proponents of a national Constitution inevitably-- and unanimously, without
exception— all grasp at their final straw by playing the imperialism-card: i.e.
claiming that the issue was “settled on the battlefield in 1865.” And here they fall; for the federal
government initially premised its
invasion on the claim that it—and the “People of the United States” that it
represented-- held sovereign national
sovereignty over all states, by law—
i.e. that they were not simply usurping
sovereignty by force. Thus, the
“victory argument” is purely self-contradicting-- particularly since the
Constitution was not changed after
the war in order to confer
sovereignty upon the
In short, the “1865 victory” argument is not an “argument” at all, but simply a fact: i.e. that the federal government was successful in its campaign to conquer sovereign nations under false claim of ownership-- and in doing so, it committed gross atrocities comparable to those of the 20th Century World Wars… all based on an outright lie of pure greed and deception. However once this deception and junk-logic are stripped away, the federal government’s “albatross” remains: i.e. that because of this deception, the states must remain sovereign by any standard of recognition.
It would have been
different, if the
On the contrary, this
is a perversion of history and logic-- and war can change neither; rather, it
can only suppress both, in
Machiavellian fashion of “power being a justification of itself, and thus
justifying any means to it.” Rather, truth will out; and thus when a nation
premises its actions in law, via claim of proper national sovereignty, then it
irreversibly affixes its claim not to
military outcomes, but to the original validity
of this claim; indeed, this hypothesis would void all national sovereignty, leaving only force. And for this reason,
the
As a result, the
Therefore when the federal government usurped national authority over the states, it likewise usurped the power to destroy any check on its power, with the sole exception of the voting majority—which, again, was never intended to be such a sole exception, when the laws were written to constrain government abuses; rather, each state was intended to remain its own sovereign authority.
For this reason, the federal government ran amuck on various ways—beginning with the war to usurp national sovereignty from the states in 1861-1865; after this, federal power became a self-fulfilling prophecy, whereby the U.S. government became a global empire in the name of “saving the world—“ i.e. minding everyone else’s shop rather than its own shop (which contrarian-propagandists likewise slammed as “isolationism” in standard self-fulfilling fashion).
Likewise, the
population became a quarrelling bevy of factionalism, with each state and
district becoming simply a faction
seeking to prosper at the expense of the rest through favorable regulation; a
typical result of this, is the current federal tax-law, which grew out of
politicians buying votes with tax-breaks—which naturally increased taxes on everyone else; a similar consequence is the
mortgage-crisis, which resulted from politicians buying votes with houses, by forcing banks give unsecured
loans to their constituents in return for their vote-- at public
expense. In any event, however, the fact remains that the Constitution does not create a single nation; on the
contrary, the states created the Constitution—not the other way around; and in
doing so, they did not surrender
their own status as sovereign nations. And so, the states must remain such.
The Only Course
Today, the only
logical course of action, is for the individual states
to reclaim their status as sovereign
nations. This can be done by the people of the state, simply asserting
this status—as well as possibly by refusing
any federal law. In response, the federal government will be forced to cite its
authority to overrule the people of the state—and it will be unable to do so;
for unlike in 1865, the federal government will be unable to silence dissenters
by force, because the technology of the modern age precludes it; as proven in
Iran, technologies like video-phones, the internet, and satellite-television
will only cause the global hue and cry to go up. As proven even in 1968
Once the federal
sword is proven useless in coercing states, then it will have no more bite in
deterring states from nullifying federal laws—or failing this, threatening to
secede, or ultimately, seceding—in response to breaches of the Constitution or
other acts of malfeasance by the federal government or other states.