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To: wolfcreek

The States did not ratify the Constitution. The legislatures were felt not to have the authority in themselves to delegate authority to a federal government. Special conventions were called in each state, returning to the original sovereignty of the people to authorize a federal Constitution. That compact formed among all the people of the states is why a state cannot secede. (See also Texas v. White http://www.oyez.org/cases/1851-1900/1868/1868_0 The Court held that individual states could not unilaterally secede from the Union and that the acts of the insurgent Texas legislature—even if ratified by a majority of Texans—were “absolutely null.” )

George Tucker, Blackstone’s Commentaries: With Notes of Reference to The Constitution and Laws of the Federal Government of the United States; and the Commonwealth of Virginia, William Young Birch, and Abraham Small; Philadelphia, c 1803. “View of the Constitution of the United States, Section 1”

“The mild tone of requisition was exchanged for the active operations of power, and the features of a federal council for those of a national sovereignty. These concessions it was seen were, in many instances, beyond the power of the state legislatures, (limited by their respective constitutions) to make, without the express assent of the people. A convention was therefore summoned, in every state by the authority of their respective legislatures, to consider of the propriety of adopting the proposed plan; and their assent made it binding in each state; and the assent of nine states rendered it obligatory upon all the states adopting it. Here then are all the features of an original compact, not only between the body politic of each state, but also between the people of those states in their highest sovereign capacity.”

St. George Tucker, Blackstone’s Commentaries: With Notes of Reference to The Constitution and Laws of the Federal Government of the United States; and the Commonwealth of Virginia, William Young Birch, and Abraham Small; Philadelphia, c 1803. “View of the Constitution of the United States, Section 2”

“It is a compact by which the several states and the people thereof, respectively, have bound themselves to each other, and to the federal government.

“Having shewn that the constitution had its commencement with the body politic of the several states; and, that its final adoption and ratification was, by the several legislatures referred to, and completed by conventions, especially called and appointed for that purpose, in each state; the acceptance of the constitution, was not only an act of the body politic of each state, but of the people thereof respectively, in their sovereign character and capacity: the body politic was competent to bind itself so far as the constitution of the state permitted, but not having power to bind the people, in cases beyond their constitutional authority, the assent of the people was indispensably necessary to the validity of the compact, by which the rights of the people might be diminished, or submitted to a new jurisdiction, or in any manner affected. From hence, not only the body politic of the several states, but every citizen thereof, may be considered as parties to the compact, and to have bound themselves reciprocally to each other, for the due observance of it and, also, to have bound themselves to the federal government, whose authority has been thereby created, and established.”


237 posted on 02/08/2010 1:50:19 AM PST by marsh2
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To: marsh2
Why would any state in this union negotiate on a legal basis with a FedGov that continually usurps the Constitution, oversteps it's authority, recklessly spends our future generations into unfathomable debt and fails to honor and protect our nation or it's citizens?

They have RENEGED on ANY such agreements. Take that to court.

242 posted on 02/08/2010 4:30:29 AM PST by wolfcreek (http://www.youtube.com/watch?v=Lsd7DGqVSIc)
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To: marsh2
"HAVING in the preceding pages taken a slight view of the several forms of government, and afterwards examined with somewhat closer attention the constitution of the commonwealth of Virginia, as a sovereign, and independent state,..."

"This construction has since been fully confirmed by the twelfth (now 10th)article of amendments, which declares, "that 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 article was added "to prevent misconstruction or abuse" of the powers granted by the constitution, rather than supposed necessary to explain and secure the rights of the states, or of the people. The powers delegated to the federal government being all positive, and enumerated, according to the ordinary rules of construction, whatever is not enumerated is retained; for, expressum facit tacere tacitum is a maxim in all cases of construction: it is likewise a maxim of political law, that sovereign states cannot be deprived of any of their rights by implication; nor in any manner whatever but by their own voluntary consent, or by submission to a conqueror.

BLACKSTONE'S COMMENTARIES: WITH NOTES OF REFERENCE, TO THE CONSTITUTION AND LAWS, OF THE FEDERAL GOVERNMENT OF THE UNITED STATES; AND OF THE COMMONWEALTH OF VIRGINIA. IN FIVE VOLUMES. WITH AN APPENDIX TO EACH VOLUME, CONTAINING SHORT TRACTS UPON SUCH SUBJECTS AS APPEARED NECESSARY TO FORM A CONNECTED VIEW OF THE LAWS OF VIRGINIA, AS A MEMBER OF THE FEDERAL UNION. BY ST. GEORGE TUCKER

More later.

250 posted on 02/08/2010 8:09:30 AM PST by Bigun ("It is difficult to free fools from the chains they revere." Voltaire)
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To: marsh2
Although the federal government can, in no possible view, be considered as a party to a compact made anterior to its existence, and by which it was, in fact, created; yet as the creature of that compact, it must be bound by it, to its creators, the several states in the union, and the citizens thereof. Having no existence but under the constitution, nor any rights, but such as that instrument confers; and those very rights being in fact duties; it can possess no legitimate power, but such, as is absolutely necessary for the performance of a duty, prescribed and enjoined by the constitution. Its duties, then, become the exact measure of its powers; and wherever it exerts a power for any other purpose, than the performance of a duty prescribed by the constitution, it transgresses its proper limits, and violates the public trust. Its duties, being moreover imposed for the general benefit and security of the several states, in their politic character; and of the people, both in their sovereign, and individual capacity, if these objects be not obtained, the government will not answer the end of its creation: it is therefore bound to the several states, respectively, and to every citizen thereof, for the due execution of those duties. And the observance of this obligation is enforced, by the solemn sanction of an oath, from all who administer the government [31].

Tucker's Blackstone Volume 1 — Appendix Note D [Section 2 — Nature of U.S. Constitution; manner of its adoption (cont.)]

The States created the Federal government and not the other way around period end of story!

265 posted on 02/08/2010 11:23:01 AM PST by Bigun ("It is difficult to free fools from the chains they revere." Voltaire)
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