Returning Republican Governments
to the States
Thomas Allen
Article IV, Section 4: The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened) against domestic Violence.
Thus, the Constitution guarantees that each State has a republican form of government. Only a sovereign can have a republican form of government. Only a sovereign can be a republic. Therefore, a State must be sovereign to have a republican government. Consequently, when the federal government usurps any power that the States reserved for themselves, it usurps their sovereignty. Doing so, the federal government becomes a tyrant.
An attribute of a sovereign is that a sovereign is the final judge of whether any agreement that it has freely entered has been violated. The agreement may be called a treaty, compact, constitution, or anything else — the name of the agreement is irrelevant.
As free and independent sovereigns, each State freely entered into the Constitution. When the sovereign States entered into the Constitution, they did not surrender their sovereignty. They merely delegated some powers to their agent, the federal government.
As a sovereign, who with the other States that created the Constitution, a State has the right to decide independently and for itself whether its agent, the federal government, has exceeded its constitutionally delegated powers. Therefore, a State has the constitutional right to nullify any federal law or act that it finds violating the Constitution. However, its decision does not bind the other States. Consequently, the nullified federal law or act would not apply in the State that has nullified it, but it remains effective in the other States.
Moreover, since each State is the final judge of the Constitution, a State is the final judge of the constitutionality of any federal court ruling including a ruling by the Supreme Court. Accordingly, a State ought to nullify any federal court decision that goes beyond the court’s constitutional jurisdictional bounds as each State individually determines. Thus, they alone, acting in their individual capacities, should determine the extent of the jurisdiction that they have given the federal courts to bind them in any particular case.
The States did not delegate to the federal government the authority to decide the extent of its power. They retained that authority for themselves acting individually. Furthermore, since the sovereign States created the Constitution and, by that, the federal government, they alone, acting in their individual capacities, determine the nature and extent of the Constitution.
Being an agent of the sovereign States that created it, the federal government cannot legally or lawfully claim anything for itself or on its own account. To do so is tyranny.
However, with his war, Lincoln usurped and stole the sovereignty of the States. The time has come for the States to reclaim their stolen sovereignty and force the federal government back into its constitutional bounds.
(Being part of the federal government, the Supreme Court is not suited to be the final judge in a dispute between the federal government and a State. Naturally, the Supreme Court is biased toward the federal government of which it is part and against its creator the States. [Historically, the Supreme Court has vigorously transferred power from the States to the federal government while feebly protecting the States from federal usurpation.] The more power that the Supreme Court can take from the States, the more powerful it becomes. Therefore, the creators, the States, individually should be and must be the final judge in any disagreement with their creation, the federal government. Only, then will the States be able to regain and retain their sovereignty.)
How can the States and the people thereof, the bodies politic, regain their sovereignty and their liberty? First, the States have to reject all grants from the federal government. This rejection of federal grants must include grants to local governments and State universities. As long as the States remain financially dependent on the federal government, they will never have the courage to seriously object to the unconstitutional activities of the federal government. (Federal grants have been used to bribe the States in supporting all sorts of unconstitutional federal acts.) After rejecting federal grants, the States can refuse to cooperate with the federal government in activities that exceed the delegated powers under the Constitution — as determined by each State individually. Thus, the States would force the federal government to enforce its unconstitutional laws directly instead of through the States. Additionally, the States need to interpose and strongly resist all acts of the federal government that restrain commerce, that impinge on the liberties of their people, that destroy the traditions, culture, and inheritance of their people, and that exceed its constitutional authority.
Only when the States, the bodies politic thereof, take back their stolen sovereignty will the people be truly free. Only then will they be governed by a republican form of government instead of by the tyrannical, despotic federal government that now governs them.
Appendix. State Government
The sovereignty of a republican State lies in the body politic of that State; that is, it lies within that part of the people of that State who wield or possess political power. The body politic grants the government of its State the authority to exercise a part of its sovereignty. Yet, it does not lose any of its sovereignty and can redraw whatever it has granted its government. Whatever power a State government exercises, it is still the power of the body politic that created it.
A major distinction between a State constitution and the US Constitution is that in a State constitution, every power is granted to its government but those powers denied it. In the US Constitution, every power is denied that is not specifically granted.
Reference
Upshur, Abel P. A Brief Enquiry into the True Nature and Character of Our Federal Government; Being a Review of Judge Story's Commentaries on the Constitution of the United States. 1840: reprint. Philadelphia: John Campbell, Publisher, 1863.
Copyright © 2021 by Thomas Coley Allen.
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