Oligarchy Of Thieves
by KrisAnne Hall, JD
Our government has been infected by Federal Supremacists. They commonly assert that the Supreme Court has the power to ultimately interpret the Constitution through judicial review and therefore sovereignly determine the limits of the power delegated to the federal government. They sometimes assert that federal law itself is superior to the Constitution. In reality, the Supreme Court does not have the authority to limit or expand the power of government. Neither does Congress have the authority to pass a law that is contrary to or beyond the limited and defined boundaries of the Constitution itself. To allow such action means that the Constitution has NO MEANING and the government has NO LIMIT. Alexander Hamilton proclaimed in Federalist #83:
“…an affirmative grant of special powers would be absurd as well as useless, if a general authority was intended.”
Basically what Hamilton was saying was why did we make a specific list of powers, if the power existed to do whatever they can imagine or get a majority vote upon?
This general, also known in the legal field as “plenary” power being wielded against the states and the people is stolen power. It is power neither authorized nor delegated. Dear friends, this is NOT what a Constitutional Republic looks like…this is a KINGDOM of stolen power, an oligarchy of thieves.
Here are FIVE simple FACTS that must be taught to our Representatives, so they can honor their oath to support and defend the CONSTITUTION, rather than their politics of stolen power. Review these points and the words from our framers and ask yourself how much simpler can it be.
FACT #1:The Constitution is a compact (contract) that must be legally interpreted using contract law. Contract law dictates that a contract is properly interpreted through the framers of the contract and their intent, i.e. the “meeting of the minds.”
“the powers of the federal government, as resulting from the compact to which the states are parties, as limited by the plain sense and intention of the instrument constituting that compact–as no further valid than they are authorized by the grants enumerated in that compact; and that, in case of a deliberate, palpable, and dangerous exercise of other powers, not granted by the said compact, the states who are parties thereto have the right, and are in duty bound, to interpose…” James Madison
“…the powers of the federal government as resulting from the compact to which the states are parties;” in other words, that the federal powers are derived from the Constitution; and that the Constitution is a compact to which the states are parties.” James Madison
FACT #2: The federal government does not have the authority to determine the limits of federal power, since it is not a party to the compact but a creation of the compact.
“for the federal government to enlarge its powers by forced construction of the constitutional charter which defines them…so as to destroy the meaning and effect of the particular enumeration…the obvious tendency and inevitable result… would be, to transform the present republican system of the United States into an absolute, or, at best, a mixed monarchy.” James Madison
FACT #3:The Supreme Court is PART of the federal government not OVER it and possesses no power greater than the executive or legislative branches.
“dangerous powers, not delegated, may not only be usurped and executed by the other departments, but that the judicial department, also, may exercise or sanction dangerous powers beyond the grant of the Constitution…must extend to violations by one delegated authority as well as by another–by the judiciary as well as by the executive, or the legislature…” James Madison
FACT #4: To allow the federal government (i.e. SCOTUS) to determine its own limits is CONTRARY to the Constitution, to the principles of a Republic, and to the limited and defined nature of our government.
“The judicial authority…is declared by the constitution to comprehend certain cases particularly specified. The expression of those cases marks the precise limits beyond which the federal courts cannot extend their jurisdiction…” Alexander Hamilton
Thomas Jefferson pointed out the absurdity of the Supreme Court being the “ultimate arbiters” of the meaning and application of the Constitution:
“The constitution, on this hypothesis is a mere thing of wax in the hands of the judiciary, which they may twist, and shape into any form they please.”
“If the decision of the judiciary be raised above the authority of the sovereign parties to the Constitution… dangerous powers, not delegated, may not only be usurped and executed by the other departments, but that the judicial department, also, may exercise or sanction dangerous powers beyond the grant of the Constitution…” James Madison
“The great object of my fear is the federal judiciary. That body, like gravity, ever acting, with noiseless foot, and unalarming advance, gaining ground step by step, and holding what it gains, is ingulfing insidiously the special governments into the jaws of that which feeds them…government will become as venal and oppressive as the government from which we Separated.” Thomas Jefferson
FACT #5: The federal government cannot write laws that are contrary to the Constitution.
“There is no position which depends on clearer principles, than that every act of a delegated authority, contrary to the tenor of the commission under which it is exercised, is void. No legislative act, therefore, contrary to the Constitution, can be valid. To deny this, would be to affirm, that the deputy is greater than his principal; that the servant is above his master; that the representatives of the people are superior to the people themselves; that men acting by virtue of powers, may do not only what their powers do not authorize, but what they forbid.” Alexander Hamilton
“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, anything in the constitution or laws of any state to the contrary notwithstanding.” Supremacy Clause
After review of these FACTS it is very difficult to accept the argument that we are simply subject to the federal government’s will and whim. These facts need to be shared far and wide. Shouldn’t we be able to rely on words of the “father of the Constitution” instead of the judges, lawyers, and politicians who have been taught that THEY are the supreme determiners of their own power?