But, the States have given up some power to their creation, the Federal Government, and that power cannot be added unto nor taken away without a Constitutional Amendment. A State, as long as it continues within this agreement, does NOT have the power individually, contrary to what is stated in a few of the sovereignty resolutions, to either remove a power from its delegated position in the Federal Government, or to assume such power to itself. Correct me if I am wrong, but I do not understand where you get the idea that the States have the power to delete or to delegate more powers to the Federal Government by any form other than a Constitutional Convention. That, to the extent of my knowledge, is the only way for the States themselves, to amend any powers delegated to the Fed. The other way is for Congress to propose amendments, or even an entirely new Constitution, and that the States ratify them.
I completely agree with you that many of the dealings within the Federal Government are currently unconstitutional, and that the States collectively have the right to call these acts out, and to nullify them, but I do not believe that the States have any authority to direct the Federal Government in any of its legitimately constitutional actions such as the powers defined in Article 1, Section 8, or any where else in the Constitution of the United States, because they gave up these powers individually in order for the entire country to posess them collectively.
You said that the current government is not legitimately and physically the actual government created by the Constitution? In what way do you mean this? Are you saying this with regards to the District of Columbia itself and its jurisdiction, or the actual people who are running it?
The states did not give up the powers enumerated in article I section 8. These powers are merely communicated from the several states, in exchange for value of the equal worth from the central agent. You don't give up your rights to a lawyer when he is hired to represent you, same with the relationship of the federal government and the States... Article IV is an example of some of the exchange goods the States are to receive from the federal agent, with article IV section 4 being particularly noteworthy.
As I've pointed out in one of my earlier "lengthy" posts, several of the states resolutions will not pass because they are not abiding by the rules of lawful service. I'm sure you can surmise what that means, and most state legislators understand what it means as well. In that post I also spelled out the proper procedure.
Your comment:
"Correct me if I am wrong, but I do not understand where you get the idea that the states have the power to delete or to delegate more powers to the federal government by any form other than a constitutional convention."This is a curious statement, it presupposes that the state is deleting power granted by the Constitution, or attempting to delegate powers to the federal government that are not enumerated therein. This is not the case in this movement at all. The 10th Amendment Resolution portends housecleaning only with the broom of Article I Section 8 in hand. Since the powers delegated by the constitutional agreement between the state's are still state powers that have been ceded by provisions in the agreement between the states, to a 3rd party, to the federal agent, we the states have absolute control of that agent and desire that the agent, the federal government, cease the process of voting itself powers that are not specifically within their defined powers to hold.
Much the same way that power of attorney is granted by you to your legal agent. The states by the 10th amendment, still have the power to access and resend, through the individual 10th amendment effort of each state throughout the 50 states, together, without the communication of a convention, but from the laws of necessity, as spelled out in the Declaratory Enabling Act that gave rise to the Constitution namely the Declaration of Independence.
This knowledge is quite well known among the powerful in Washington DC, who remain silent about it and hedge every bet against it... this is why, when the 10th amendment state sovereignty movement was about to reach a crescendo in the mid-90s, the folks pushing it, those Constitutional patriots, had to be demonized and stopped. The Oklahoma City bombing was engineered precisely by the feds, to take care of this problem.
The reason for the aforementioned housecleaning is pretty obvious, and is apparent to a majority of the states presently. The federal government has been giving unto itself, power at the expense of the states and the people of the states, which it has no constitutional power to grant itself. It is doing so only by deconstruction of word, grammar, and definition, and inventing against the Constitution webs of convolved meaning, beyond the bounds of what an intelligent man can tolerate.
Only the states, and their people have the power, through constitutional process, which includes the 10th amendment process, to rein in an agent who is bent upon the absolute destruction of the principals ( the States), by misuse of the agreement that created it.
So you're above quoted statement seems to me, a bit of a non sequitur given the discussion thus far, at least as far as I have advanced it. I see in it, however, what seems as an attempt at wrenching meanings from my words that are not there at all.
A super majority of the 50 states, by individual initiative, has the power under the 10th amendment to accomplish without convention the opening up of the entire amended law after the date of ratification December 15, 1791, and to reiterate, certainly without a convention. The only reason for a convention, would be to open the Ratified in Convention 1791 Constitution to change... and that, is what we, this effort, this movement, absolutely, emphatically, and well beyond a shadow of a doubt,
DO NOT WANT! NOR WILL WE ACCEPT!! I will once again refer you to Thomas Jefferson:
''...on every question of construction [of the Constitution], let us carry
ourselves back to the time when the Constitution was adopted, recollect the
spirit manifested in the Debates, & 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
This is a very important quote that has been ignored by virtually all interpreters of the Constitution, since John Jay was the Chief Justice of the court. Also, as we pull away in time from the date of the framing of this monumental work, more and more people within government, know less and less about the foundation documents, and have mistakenly come to see the federal government as the center of power. This is of course wrong.
It is also the reason why the states must, every 200 years or so clean up the complacent trash that has been gathering around the agreement which they all so honorably signed. This may include firing the attorney and hiring a new one. But the agreement between the states, the Organic Constitution, which is guarded at its conclusion by the 10th amendment of that Constitution and Bill of Rights, will remain. All else is within the 9th and 10th amendment state powers to dissolve or change.
As to the last part of your post dealing with our current rogue federal government operating every minute outside of the Constitution, because of its corporate structure and its sneaky way of utilizing the power of the Constitution without having to abide by the Constitution, I suggest that you read closely the following linked material, then we can discuss it.
Much was weeded through at this link, before we could get to the level in the discussion that leads to the "aha eureka" phenomenon of understanding how the federal slight of hand was accomplished. Here is the link...
http://forum.prisonplanet.com/index.php?topic=63062.0This will help... but it does get rather esoteric in the grasping department, though it is pretty concrete in the factual. It is quite like looking at one of those early holograms that looked like a bunch of dots and squiggles in pastel colors on the paper that you held in the sunlight to see. It was impossible to see at first, until that one time, when it popped out at you... then you never had a problem being able to see it from then on.
JTCoyoté
"A government that is large enough to supply everything
you need is large enough to take everything you have."
~Thomas Jefferson