8 Points to Complete and Total Understanding of the Constitution
1 – Authority of the U.S. Constitution: Article 6.2: “…shall be the supremeLaw of the Land…”
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.
Lines of Authority: 1st)– Constitution, 2nd)– Laws of the United States, 3rd)– Treaties
By Who’s Authority: “…under the Authority of the United States…”
Who is The Principal: The United States Congress assembled.
Verification: Barron v. Mayor & City Council of Baltimore, 32 U.S. 7 Pet. 243 243 (1833)
2 – What is the U.S. Constitution: A Contract/a negotiable instrument.
3 – Who is Bound to the Contract known as the U.S. Constitution: ALL Who have Sworn an Oath to support said Constitution.
4 – Where – Jurisdiction there of: (74 most powerful words of the U.S. Constitution):
A) - Article 1.8§17: “To exercise exclusive Legislation in all Cases whatsoever, (1st) over such District (not exceeding ten Miles square) as may, by Cession of particular States, and the Acceptance of Congress, become the Seat of the Government of the United States, and (2nd) to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be…”
B) - Article 4.3§2: “The Congress shall have Power to dispose of and make all needful Rules and Regulations respecting the Territory or other Property belonging to the United States;
C) - Pursuant to the United States Congress: Title 18 United States Code §7.3: “Special Maritime and Territorial Jurisdiction on the United States DEFINED.”
5 – Who is the Authority of the U.S. Constitution:
A) - Article 1.8§17: “The Congress shall have Power…”
B) - Article 4.3§2: “The Congress shall have Power…”
6 – What is the Authority:
A) - Article 1.8§17: “To exercise exclusive Legislation in all Cases whatsoever…”
B) - Article 4.3§2: “The Congress shall have Power to dispose of and make all needful Rules and Regulations…”
7 – To Whom Does the U.S. Constitution Apply:
A) - Article 1.8§17 and Article 4.3§2: All people employed by the United States Congress: officers, employees and elected officials of the United States government’s agencies and those who volunteers:
B) Article 5.2: “…and the Judges in every State shall be bound thereby…”
C) – Two Types of Citizens Identified: Article 2.1§5:
“No Person except (1) a natural born Citizen, or (2) a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President…
Verification: Barron v. Mayor & City Council of Baltimore, 32 U.S. 7 Pet. 243 243 (1833): excerpt: “The question thus presented is, we think, of great importance, but not of much difficulty. The Constitution was ordained and established by the people of the United States for themselves, for their own government, and notfor the governmentof the individual States. Each State established a constitution for itself, and in that constitution provided such limitations andrestrictions on the powers of its particular governmentas its judgment dictated. …
If these propositions be correct, the fifth amendment must be understood as restraining the power of theGeneral Government, notas applicable to the States. In their several Constitutions, they have imposed such RESTRICTIONS ON THEIR RESPECTIVE GOVERNMENTS(Page 32 U. S. 248)…
We are of opinion that the provision in the Fifth Amendmentto the Constitution declaring that private property shall not be taken for public use without just compensation is intended solely as a limitation onthe exercise of power by theGovernmentof the United States (Page 32 U. S. 251), and is notapplicable to the legislation of the States. …
We are therefore of opinion that there is no repugnancybetween the several acts of the general assembly of Maryland, given in evidence by the defendants at the trial of this cause, in the court of that State, and the Constitution of the United States. This court, therefore, has no jurisdiction of the cause, and it is dismissed.”
D) – Preamble of the Bill of Rights:
To Whom Apply: The Government: officers, employees and elected officials: excerpt: “The Conventions of a number of the States, having at the time of their adopting the Constitution, expressed a desire, in order to prevent misconstruction or abuseof itspowers, that further declaratory and restrictive clauses should be added: And as extending the ground of public confidence in the Government, will best ensure the beneficent ends of its institution.”
-- Bell v. Hood, 71 F. Supp., 813, 816 (1947): History is clear that the first ten amendments to the Constitution were adopted to secure certain common law rights of the people, against invasion by the Federal Government.
Verification: South Carolina v. United States, 199 U.S. 437, 448 (1905): "The Constitution is a written instrument. As such, its meaning does not alter.
That which it meant when it was adopted, it means now."
8 – Penalty for Actions Repugnant to the U.S. Constitution:
Bill Of Rights: Article 14.3: “No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.”
a Senator or Representative in Congress, or
a elector of President and Vice-President, or
hold any office, civil or military, under the United States, who, having previously taken an oath, as a member of Congress, or
hold any office, civil or military, under any State, who, having previously taken an oath, as a member of Congress, or
as an officer of the United States, or as a member of any State legislature, or
as an executive of any State or
judicial officer of any State.
What is the Contract that binds/bonds: oath to support the Constitution of the United States.
shall have engaged in insurrection or rebellion against the same (the U.S. Constitution), or
given aid or comfort to the enemies thereof.
Article 3.3 U.S. Constitution:
“Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court.”
levying War against them (U.S. Constitution)
adhering to their Enemies,
giving them Aid and Comfort
Repugnant Actions including however not limited to:
Bill of Attainder - Article 1.9§3
No State shall enter into any Treaty, Alliance, or Confederation; grant Letters of Marque and Reprisal; coin Money; emit Bills of Credit; make any Thing but gold and silver Coin a Tender in Payment of Debts; pass any Bill of Attainder…” Article 1.10§1
Marbury v. Madison, 1803: Speaking: Chief Justice John Marshall:
“A law repugnant to the Constitution is void.”
Almeida-Sanchez v. United States, 413 US 266, 37 L Ed @nd 2d 596, 93 Ct. 2535 (1973):
“… No Act of Congress can authorize a violation of the Constitution.”
Who Retains the Ultimate Authority:
9th Amendment: “The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.”
10th Amendment: “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.”
Where Does the Power of the fore mentioned People Derive:
1776 Declaration of Independencebeing:
1) the 1st published document of the American People and
2) the 1st Organic Law of the United States of America:
“We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights,that among these are Life, Liberty and the pursuit of Happiness.”
Verifications: some of the 130 court cases:
United States v. Bevans:16 U.S. (3 Wheat.) 336 (1818):
"In the United States of America, there are two (2) separated and distinct jurisdictions, such being the jurisdiction of the states within their own state boundaries, and the other being federal jurisdiction (United States), which is limited to the District of Columbia, the U.S. Territories, and federal enclaves within the states, under Article I, Section 8, Clause 17."
Caha v. United States: 152 U.S. 211, 215, 14 S.Ct. 513 (1894):
"The laws of Congress in respect to those matters do not extend into the territorial limits of the states, but have force only in the District of Columbia, and other places that are within the exclusive jurisdiction of the national government."
Foley Brothers v. Filardo:336, U.S. 281 (1948):
“The canon of construction which teaches that legislation of Congress, unless a contrary intent appears, is meant to apply only within the territorial jurisdiction of the United States…” see 18 USC §7.3 above
United States v. Cornell:25 Fed.Cas. 646, 648, No. 14,867 (C.C.D.R.I. 1819):
"When therefore a purchase of land for any of these purposes is made by the national government, and the State Legislature has given its consent to the purchase, the land so purchased by the very terms of the constitution ipso facto falls within the exclusive legislation of Congress, and the State jurisdiction is completely ousted."
New Orleans v. United States: 35 U.S. (10 Pet.) 662, 737 (1836):
"Special provision is made in the Constitution for the cession of jurisdiction from the States over places where the federal government shall establish forts or other military works. And it is only in these places, or in the territories of the United States, where it can exercise a general jurisdiction."
American Banana Co. v. U.S. Fruit: 213 U.S. 347 at 357-358: “Alllegislation is prima facie territorial”
Quiz: By the law as it is written, the U.S. Constitution, the Supreme law of the Law, Applies Where?
ONLY FEDERAL TERRITORY!
What is Virginia’s the Supreme Law of the Land? The Virginia Constitution!
What is the Supreme Law of the other 49 states? Their Constitution!