Howdy folks, by now, pretty much every State in our Union has begun early voting. Now, I want to draw your attention to a critical delineation in the title of this missive. I said “these United States,” which refers to this Constitutional Republic and recognizes the individual sovereign States. When our founding fathers used the reference “the United States,” they were referring to the federal government as an entity. And we know that the Constitution of the United States is a restrictive document on the enumerated powers of the federal government. It creates the structure of the federal government and expresses its relationship with the respective States. Our founding fathers never intended to have an overarching and all-powerful federal government, and our Constitution was not seriously considered for ratification until it added what most State constitutions possessed: the individual Bill of Rights.
When you read the entire Declaration of Independence, written by Thomas Jefferson, you find the words, “That these United Colonies are, and of Right to be, Free and Independent States.” Furthermore, early on in the Declaration of Independence, Jefferson writes, “Governments are instituted among Men, deriving their just Powers from the Consent of the Governed.”
And the 10th Amendment, the last one of our first ten amendments, the individual Bill of Rights, states, “The powers not delegated to the United States (federal government) by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”
There can be no debate that the individual States and the people (remember the Constitution starts with the words “We the People”) are the supreme entities in these United States of America…not the federal government. And the ideal of federalism reinforces that premise, “federalism is a system of government that divides power between a central government and regional governments. In a federal system, the national government is responsible for broader governance, while smaller subdivisions, like states and cities, govern local issues. These respective levels of government have the power to make laws and have some autonomy from each other.”
One of the major issues in this election cycle is understanding those roles, responsibilities, and enumerated powers at the respective levels of government. Also, we have at issue, the comprehension of what constitutional governance means…it certainly does not mean telling individuals what type of car to drive or appliances to have in their homes. We often hear about unfunded mandates that are handed down from the federal government to States or the bribery that goes on of financial aid (grants) to States, but here are the caveats and tentacles of the federal government.
Then there are the ones who love to invoke the Supremacy Clause, Article VI, Section 2 of the Constitution. It reads, “This Constitution, and the Laws of the United States (federal government) which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States (federal government), shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary withstanding.”
Now, the three key words are above in bold, italics, and underlined “in Pursuance thereof”…to the Constitution. If you are confused about the enumerated powers of the federal government, read Article I, Section 8 of the Constitution to see the (18) duties, roles and responsibilities of the United States (federal government).
So, to answer the “what is supreme” question for America, the simple answer is the U.S. Constitution. When States pass legalized marijuana laws, they are violating the Supremacy Clause. However, when the federal government violates Article IV, Section 4 of the Constitution and allows, intentionally and purposefully, tens of millions of illegal immigrants into our Republic, they do not have Supremacy over the sovereign, free, and independent States. As a matter of fact, the founders wrote Article I, Section 10, Clause 3 to give an enumerated power to the States when the federal government fails, and they are actually invaded. States can and should invoke constitutional nullification when the federal government overreaches unconstitutionally. And when States and cities declare themselves as “sanctuary” for illegal immigrants, they are indeed violating the Supremacy Clause and must be held accountable.
What is troubling? The fact that in all these political debates, we do not have astute moderators, just mindless lemming talking heads that never delve into constitutional issues. Relieving college student loan debt, nope. Unilaterally signing treaties such as the Paris Climate Accords, nope. Granting parole to illegal immigrants and executing unconstitutional orders to undermine our Republic’s sovereignty, nope. Heck, a federal department of education? Nope.
If we do not realize who and what is Supreme in America, well, this is why progressive socialists, Marxists, statists, and communists make their inroads. We can ill afford to be such a dumbed-down electorate that only picks elected officials based on persona and likeability. Well, that has and always will be the end state of the cult of personality which has led many a country down the road to perdition.
Yes, vote! Many have sacrificed so that Americans have that privilege…Americans, citizens, not illegals, are supreme in America.
Steadfast and Loyal.
