by Chuck McGlawn 01/04/2020
united, with no initial caps is a clue
The Treaty of Paris says, “His Brittanic Majesty acknowledges the
said United States, viz., [Listing each State]New Hampshire, Massachusetts Bay,
Rhode Island and Providence Plantations, Connecticut, New York, New Jersey,
Pennsylvania, 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.
1. The Treaty of
Paris ended the war for independence with Briton. It also turned the 13
British Colonies into 13 independent "countries".[See Article 1 of
the Treaty of Paris} http://avalon.law.yale.edu/18th_century/paris.asp
2. Those 13 independent
"countries" in an attempt to stitch themselves together in some form
of confederation met independently in their own State Capitals and debated
the various proposals and it was up to the States to ratify or not
ratify. and made the decision as to the ratification or rejection of the
Constitution in its final draft.
3. Ratification occurred
after several proposals for a "central government" were soundly
rejected. James Madison came to Philadelphia with a completed constitution for
a central government. [Called the Virginia Plan.] It was rejected. Hamilton
proposed abolishing the States altogether. He also proposed a hereditary
monarch. The State delegates rejected these proposals in mass. The States
were not going to replace the central power in England with another central
DC Government power. The States were not
going to give up their sovereignty. They were willing to delegate some
powers to the DC Government. But they were not having anything that smacked of
a central authority. The States ratified a limited "General
Government" (Their name)
4 To make my #3
crystal clear the States (independent "Countries")
insisted on the additional limitation of the general government's powers.
These first 10 amendments have come to be called "The Bill of
Rights". Most States (independent "Countries") submitted a list
of rights that each State felt important to them. Many of the submitting States’ the first concern was a variation of, "The
powers not delegated to the general government are reserved to the States and
the people." A list of about 20
rights were proposed. And if you didn’t guess the very first right listed
read, "The 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." This became the 10th amendment
and the last one ratified.
5. And to make absolutely
certain that the rights of the States and the people would be guarded by the
Constitution as ratified, Article V of that Constitution which made changing the
Constitution very difficult, Not impossible but difficult. And Article VI which
forbad the Congress from writing future laws that increased the power and
authority o the DC Government.
The Constitution, as
ratified by the 13 independent "Countries" did not delegate many
powers to the DC Government. Paraphrasing Madison in the Federalist Papers, delegated
powers will be “few and well defined” and powers reserved to the States will
be, “numerous and undefined”. In other words, the STATES WERE NOT WILLING TO
SURRENDER THEIR SOVEREIGNTY. Additionally,
no power of Judicial Review was delegated to the Supreme Court and The legislature was not delegated the authority to increase the power of the DC
Government. And lastly, the Constitution has not been amended to include any of
those powers.
All three of those powers are being exercised
yearly by the DC Government. The Executive Branch routinely LEGISLATE and
regularly DICTATE policies. And the Supreme Court has assumed and does exercise
the power of Judicial Review and Congress has been legislating additional power
to the DC Government almost from day one.
Among
the powers not delegated to the DC Government include:
Educate children Funding Social Welfare
Health care providing
Park Building Business
Promoting Speed Limit
Setting
Farmer Saving Weather reporting Democracy
Spreading.
Toilet Designing
Régime Changing Educational Standards Setting
Email Reading Database Keeping Phone Tapping,
Or choosing winners and losers with Vote-Buying Bail-Out choices.
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