Guest Post by KrisAnne Hall
Our government has been infected by Federal Supremacists. They commonly assert that the Supreme Court has the power to ultimately interpret the Constitution through judicial review and therefore sovereignly determine the limits of the power delegated to the federal government. They sometimes assert that federal law itself is superior to the Constitution. In reality, the Supreme Court does not have the authority to limit or expand the power of government. Neither does Congress have the authority to pass a law that is contrary to the Constitution itself. To allow such action means that the Constitution has NO MEANING and the government has NO LIMIT.
The power being wielded against the states and the people is stolen power. It is power neither authorized nor delegated. Dear friends, this is NOT what a Constitutional Republic looks like…this is a KINGDOM of stolen power, an oligarchy of thieves.
Here are FIVE simple FACTS that must be taught to our Representatives, so they can honor their oath to support and defend the CONSTITUTION, rather than their politics of stolen power. Review these points and the words from our framers and ask yourself how much simpler can it be.
FACT #1:The Constitution is a compact (contract) that must be legally interpreted using contract law. Contract law dictates that a contract is properly interpreted through the framers of the contract and their intent, i.e. the “meeting of the minds.”
“the powers of the federal government, as resulting from the compact to which the states are parties, as limited by the plain sense and intention of the instrument constituting that compact–as no further valid than they are authorized by the grants enumerated in that compact; and that, in case of a deliberate, palpable, and dangerous exercise of other powers, not granted by the said compact, the states who are parties thereto have the right, and are in duty bound, to interpose…” James Madison
“…the powers of the federal government as resulting from the compact to which the states are parties;” in other words, that the federal powers are derived from the Constitution; and that the Constitution is a compact to which the states are parties.” James Madison
FACT #2: The federal government does not have the authority to determine the limits of federal power, since it is not a party to the compact but a creation of the compact.
“for the federal government to enlarge its powers by forced construction of the constitutional charter which defines them…so as to destroy the meaning and effect of the particular enumeration…the obvious tendency and inevitable result… would be, to transform the present republican system of the United States into an absolute, or, at best, a mixed monarchy.” James Madison
FACT #3:The Supreme Court is PART of the federal government not OVER it and possesses no power greater than the executive or legislative branches.
“dangerous powers, not delegated, may not only be usurped and executed by the other departments, but that the judicial department, also, may exercise or sanction dangerous powers beyond the grant of the Constitution…must extend to violations by one delegated authority as well as by another–by the judiciary as well as by the executive, or the legislature…” James Madison
FACT #4: To allow the federal government (i.e. SCOTUS) to determine its own limits is CONTRARY to the Constitution, to the principles of a Republic, and to the limited and defined nature of our government.
“The doctrine…which would vest in the General Government (it matters not through which department) the right of determining, exclusively and finally, the powers delegated to it, is incompatible with the…Constitution itself, considered as the basis of the Federal Union.” John Calhoun
FACT #5: The federal government cannot write laws that are contrary to the Constitution.
“No legislative act, therefore, contrary to the Constitution, can be valid. To deny this, would be to affirm, that the deputy is greater than his principal; that the servant is above his master; that the representatives of the people are superior to the people themselves; that men acting by virtue of powers, may do not only what their powers do not authorize, but what they forbid.” Alexander Hamilton
“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; and the judges in every state shall be bound thereby, anything in the constitution or laws of any state to the contrary notwithstanding.” Supremacy Clause
Before you go, Check out the PODCAST Only A Lil’ Bit Lawless to hear about a conversation I had with a Congressman about this issue.