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Thursday, August 6, 2020

Seeing the united States Through The Correct Lense


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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