The Constitutionally Illiterate And The Supremacy Clause Of The US Constitution

Image Credit: Canva

submitted by Karen Bracken [Tennessee Citizens For State Sovereignty] –

We are repeatedly told that the Supreme Court is the final arbiter of the Constitution.  This is so far from the truth and so far from what is documented by our founders on the subject.  Our founders in their writings and in the “Federalist Papers” continuously state the final arbiter of the Constitution are those that created the federal government.  The created does not control the creator.

Article VI Clause 2 clearly states laws passed by the federal government are only the law of the land when they are in pursuance thereof (the Constitution).  

When the federal government passes a law that steps outside of its constitutional lane the law is null and void and is no law at all.  The creator of the federal government (the states and the people of the states) is not subservient to the created (the federal government). The states and the people of the states delegated just 18 enumerated legislative powers when the federal government was created.  

There is no clause in the original Constitution that gives the federal government more legislative power than was delegated by the states and the people of the states in Article 1 Sec. 8 of the Constitution.  Case law does not override the original intent of the Constitution.  The only way to override the original intent and the written word of the Constitution is through the amendment process not in the courtroom or by the constitutional illiteracy of the people that listen to “what they are told” instead of researching the truth for themselves.  

Lawyers are one of the largest groups of constitutionally illiterate and sadly we have a huge pool of lawyers in our government.  Lawyers are not taught constitutional law.  They are taught case law and precedent.  Why is that the case?  Why did they stop teaching constitutional law? 

I think the answer is quite obvious.  But these Lawyers when sworn into office swear an oath to defend and support the Constitution.  How can they swear an oath to a document they probably have never read and surely do not understand.  The prime example is the distortion of many of the clauses in the Constitution.  The biggest violations is their misinterpretation of the Supremacy Clause, the General Welfare Clause and the Commerce Clause.  None of these clauses was ever intended to extend the authority of the federal government beyond their 18 delegated legislative powers in Art. 1 Sec. 8.  Remember, the House of Representatives was created to represent the people. 

The House of Representatives, both federal and state, today is packed with lawyers and doctors and no longer is a representation of the people.  The House of Representatives was never meant to be a career.  It was expected that people would leave their homes, jobs and families to serve in Congress and when their term was over they went back home to their jobs and their families.  Now this might not be possible in our current society but we truly need to stop electing people that do not represent the majority of the American population.  

CLICK HERE FOR MORE INFO!

Article VI Clause 2 (The Supremacy Clause)

This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, 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 notwithstanding.

Now anyone with a 3rd grade ability to read, comprehend what they read, understand punctuation placement could see that Art. VI Clause 2 clearly states that the Constitution and laws made in pursuance thereof are the law of the land.   But most lawyers and many citizens today believe the Supreme Court is the law of the land.  If that is true then why did our founders clearly list 18 enumerated legislative powers delegated to the federal government.  The Supreme Court justices are selected rather than elected in order to keep them non-political but over the decades that has changed drastically.  The Supreme Court today is every bit as political as any elected official and our founders knew that one day that would happen. 

So, it would make no sense to believe our founders expected the Supreme Court would be the final arbiter over the states and the people of the states.  Also, in Art. 1 Sec. 9 and Sec. 10 we find what the federal government and the states cannot do.  When someone tells you that a state cannot nullify an unconstitutional law, refer them to Art. 1 Sec. 10.  There is nothing in the Constitution that forbids a state and the people of the state from refusing to comply with an unconstitutional law.  When reading the 18 enumerated legislative powers in Art. 1 Sec. 8 do you see any power given to the federal government over health, education, marriage, environment?  No, you will not.  But they twist the Supremacy Clause, the General Welfare Clause and the Commerce Clause to control people and expand their own power. 

The same as the Supreme Court did in 1803 (Marbury v Madison) when they themselves declared the Supreme Court as the final word on the Constitution.  I highly doubt any member of the federal government knows more of the intent of our Constitution that the men that wrote that brilliant document.  But if one were to study the Federalist Papers which are a set of 85 articles written to clarify the Constitution to the people who were resisting the ratification of the Constitution for fear they would end up being under the tyranny of a King and read the simple text of the Constitution it is clear our founders intent was for the people of America to never again be ruled by a King.  

In the words of Benjamin Franklin when asked what kind of government he gave us he replied: “Madam a republic if YOU can keep it.”  It was the intent of our founders that the states and the people of the states would keep the federal government inside its lane in order to secure our republic and We The People have failed miserably to protect what our founders gave their lives, their fortunes and their sacred honor in order to create a more perfect union for generations to come.  

From the words of our founders:

“On every question of construction, (Let us) carry ourselves back to the time when the Constitution was adopted, recollect the spirit manifested in the debates, and instead of trying what meaning may be squeezed out of the text, or invented against it, conform to the probable one in which it was passed.”  Thomas Jefferson (Jefferson obviously knew people would stray from the original intent in order to fit a political narrative)(emphasis is mine)

“The power under the Constitution will always be in the people.”  George Washington

“The states being the parties to the constitutional compact, and in their sovereign capacity, it follows of necessity, that there can be no tribunal  (a court or forum of justice) above their authority, to decide in the last resort, whether the compact made by them be violated; and consequently that as the parties to it, they must themselves decide in the last resort, such questions as may be of sufficient magnitude to require their interposition.” James Madison (emphasis is mine)

“The several states that formed that instrument (meaning the Constitution), being sovereign and independent, have the unquestionable right to judge of its infraction; and that nullification, by those sovereignties, of all unauthorized acts done under colour of that instrument, is the rightful remedy.” Thomas Jefferson (emphasis is mine)

In Federalist 45 Madison observed “the powers delegated by the proposed Constitution are few and defined.  Those that are to remain in the state government are numerous and indefinite.” (emphasis is mine)

Madison wrote in 1800: “the general welfare clause cannot enlarge the enumerated powers vested in Congress. Every tyrant claims to be promoting the general welfare” 

“To consider the judges as the ultimate arbiters of all constitutional questions is a very dangerous doctrine indeed, and one which would place us under the despotism of an oligarchy. Our judges are as honest as other men and not more so. They have, with others, the same passions for party, for power, and the privilege of their corps.”  Thomas Jefferson

James Madison in Federalist #40 noted: “that the general powers are limited and the states in all unenumerated cases, are left in enjoyment of their sovereign and independent jurisdiction.”

Federalist #45 he observed: “The powers delegated by the proposed Constitution to the federal government, are few and defined. Those which are to remain in the State governments are numerous and indefinite”.

When you attend campaign speeches of people running for local, state or federal offices you need to make challenging their knowledge of the original intent of the Constitution as your top priority.  Nothing else matters if these people have no understanding of who has the final word.  If your elected do not understand the original intent of the Constitution then you need to refuse to vote for them and do all you can to get them out of office.  Ask them one simple question: Who is the final arbiter of what is or is not constitutional?  If they answer the Supreme Court, the courts or the federal government strike them off your list.  

I hope you will find this information worthy to share.  We need to reduce the number of constitutionally illiterate people in our country if we are to have any chance at all of saving this country. 

10 thoughts on “The Constitutionally Illiterate And The Supremacy Clause Of The US Constitution

  • March 27, 2024 at 6:39 pm
    Permalink

    Thank you. Yes, illiteracy of our Nation’s founding and its fundamental civic structure is appalling and an existential threat to our American Republic. Unfortunately, we because of that illiteracy, have adopted the self-imposed yoke of voluntary servitude.

    In America, We The People of Sovereign States instituted a government expressly to secure our unalienable, creator endowed rights. How can anyone consider the temporary occupants of those national/federal government offices to be superior to WTP, and the sovereign states, who established the offices in question?

    Reply
    • March 27, 2024 at 8:35 pm
      Permalink

      Great information. Thank you for writing. Hillsdale College in Michigan has a series on the Federalist Papers that’s worthy of study. I also support a Convention of States, under Article 5. Sadly, many people just are not aware of the power of the Constitution.

      Reply
      • April 1, 2024 at 3:51 pm
        Permalink

        I agree. I volunteer for the Convention of States movement in Ohio. If others want to learn more please check http://www.conventionofstates.com. It will provide the necessary guardrails to put federal government leviathan back in the appropriate constitutional box.

        Reply
  • March 28, 2024 at 2:52 am
    Permalink

    Very well stated. Will share with those who need this reminder.

    Reply
  • March 28, 2024 at 1:47 pm
    Permalink

    Great article and spot on! It’s our adherence to the myth of federal supremacy in all things that has led us to our sorry condition as a country.

    Reply
  • March 28, 2024 at 5:05 pm
    Permalink

    There is no spirit or stomach for nullification in the great state of Tennessee gentlemen therefore we continue to sink deeper into the nanny statist vision of a perfect state of serfdom!!

    Great piece sir I concur with your opinion wholeheartedly!!!

    Reply
  • March 29, 2024 at 12:58 pm
    Permalink

    There is an interesting, unanimously decided US Supreme Court case called Norton v Shelby County, TN 118 US 425 (1886) that delineates the structure of our Republic without ever mentioning the word Republic. it is a fascination study of the strength of the US Constitution, using such concepts as follows:

    1) Anyone elected or appointed to a government position is a “public functionary” who sole responsibility is to perform a “function” for the “public.”

    2) It is The People who “delegate” the limited authority to public functionaries.

    3) When public functionaries step outside their delegated authority, they become “usurpers” who can and should be removed from office for their usurpation of delegated authority.

    2) “An unconstitutional act is not a law.”

    3) “An unconstitutional act confers no rights, it imposes no duties, it afford no protection to public functionaries who have acted as usurpers and who have violated the US and/or “legitimate” State constitutions (I say legitimate because in Michigan the current constitution being used by these usurpers had to be recounted before it passed – in 1962/1963 – and then only passed by a 50.23 percent majority of the voters who came out to vote in the first place – which was a dismally small number of legal registered voters. So in effect 0.23 percent of a small population voted to impose a terribly written constitution upon 100 percent of the people in Michigan – I don’t call that REPRESENTATIVE – I call that repugnantly “democratic” is nature where two wolves and a sheep vote what’s for dinner (you know the rest of it).

    Anyway, there is more to this marvelous case, and it is high time We the People start forcing our public functionaries to stop behaving like usurpers.

    Another point from Norton v Shelby County, TN is that we have to stop “ratifying” unconstitutional acts by “complying” with them. And it is very interesting to me that Tennessee was where the Republic was defined in this case AND Tennessee is now a leading voice in the Nullification Process that must be used to Reinstate The Principles of our American Republic.

    Reply
  • March 29, 2024 at 1:00 pm
    Permalink

    Please use this corrected copy (if you are going to post my comments).

    There is an interesting, unanimously decided US Supreme Court case called Norton v Shelby County, TN 118 US 425 (1886) that delineates the structure of our Republic without ever mentioning the word Republic. it is a fascinating study of the strength of the US Constitution, using such concepts as follows:

    1) Anyone elected or appointed to a government position is a “public functionary” whose sole responsibility is to perform a “function” for the “public.”

    2) It is The People who “delegate” the limited authority to public functionaries.

    3) When public functionaries step outside their delegated authority, they become “usurpers” who can and should be removed from office for their usurpation of delegated authority.

    2) “An unconstitutional act is not a law.”

    3) “An unconstitutional act confers no rights, it imposes no duties, it afford no protection to public functionaries who have acted as usurpers and who have violated the US and/or “legitimate” State constitutions (I say legitimate because in Michigan the current constitution being used by these usurpers had to be recounted before it passed – in 1962/1963 – and then only passed by a 50.23 percent majority of the voters who came out to vote in the first place – which was a dismally small number of legal registered voters. So in effect 0.23 percent of a small population voted to impose a terribly written constitution upon 100 percent of the people in Michigan – I don’t call that REPRESENTATIVE – I call that repugnantly “democratic” is nature where two wolves and a sheep vote what’s for dinner (you know the rest of it).

    Anyway, there is more to this marvelous case, and it is high time We the People start forcing our public functionaries to stop behaving like usurpers.

    Another point from Norton v Shelby County, TN is that we have to stop “ratifying” unconstitutional acts by “complying” with them. And it is very interesting to me that Tennessee was where the Republic was defined in this case AND Tennessee is now a leading voice in the Nullification Process that must be used to Reinstate The Principles of our American Republic.

    Reply
  • March 29, 2024 at 1:09 pm
    Permalink

    OMG – I am so sorry – I need to correct it again because of the changed numbering of the items listed.

    There is an interesting, unanimously decided US Supreme Court case called Norton v Shelby County, TN 118 US 425 (1886) that delineates the structure of our Republic without ever mentioning the word Republic. it is a fascinating study of the strength of the US Constitution, using such concepts as follows:

    1) Anyone elected or appointed to a government position is a “public functionary” whose sole responsibility is to perform a “function” for the “public.”

    2) It is The People who “delegate” the limited authority to public functionaries.

    3) When public functionaries step outside their delegated authority, they become “usurpers” who can and should be removed from office for their usurpation of delegated authority.

    4) “An unconstitutional act is not a law.”

    5) “An unconstitutional act confers no rights, it imposes no duties, it afford no protection to public functionaries who have acted as usurpers and who have violated the US and/or “legitimate” State constitutions” (I say legitimate because in Michigan the current constitution being used by these usurpers had to be recounted before it passed – in 1962/1963 – and then only passed by a 50.23 percent majority of the voters who came out to vote in the first place – which was a dismally small number of legal registered voters. So in effect 0.23 percent of a small population voted to impose a terribly written constitution upon 100 percent of the people in Michigan – I don’t call that REPRESENTATIVE – I call that repugnantly “democratic” is nature where two wolves and a sheep vote what’s for dinner (you know the rest of it).

    Anyway, there is more to this marvelous case, and it is high time We the People start forcing our public functionaries to stop behaving like usurpers.

    Another point from Norton v Shelby County, TN is that we have to stop “ratifying” unconstitutional acts by “complying” with them.

    And it is very interesting to me that Tennessee was where the Republic was defined in this case AND Tennessee is now a leading voice in the Nullification Process that must be used to Reinstate The Principles of our American Republic.

    Reply

Leave a Reply

Your email address will not be published. Required fields are marked *