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Saturday, January 11, 2014

The US Constitution is a contract

The US Constitution is a contract that has been broken or breached and should be nullified by WE THE PEOPLE!
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Michael Lotfi
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The Constitution is a contract, finding its roots in the concept of a social contract, an agreement by individuals to create a society where they can live together, mutually benefiting each other. Such a contract recognizes the conditions of the society, natural rights, functions of the government, and the pooling of powers for the purpose of protecting the society.

Once the social contract is accepted, the society determines what their defined territory is. This establishes a right of birthplace, a feature not necessarily present in a society with no territory, such as one that is nomadic.

The social contract’s development, in order to create a system of governance, often includes a written contractual agreement known as a constitution. In the case of the United States, the Constitution in 1787 created a federal government.

The contract between the States and the new federal government established the governmental institutions, offices, procedures, duties, parameters, limits, and authorities for the new federal government, while also establishing a few prohibitions to the States in an effort to ensure the new federal government could function without interference in the duties granted to it. Through the principles established in the Constitution, the new government was then able to create laws, a defense force, a system of taxation, and the other aspects of government necessary for the proper functioning of a central governmental system.

The U.S. Constitution, while creating the framework of the federal government, also was written in a way to only allow the federal government to exercise the powers delegated to it by the States through the contract known as the Constitution.

Whenever the federal government acts in a manner outside the authorities granted as expressly enumerated in the Constitution, the central government is acting illegally, breaching the contract it was established through.

(Did ya get the point bubba? The central government known as congress, supreme court, and the executive branch all are acting illegally! The contract called the US Constitution has been breached. Breach of contract is a legal cause of action in which a binding agreement or bargained-for exchange is not honored by one or more of the parties to the contract
The problem is the kangaroo supreme court and other courts have seen fit to uphold the breach of contract with the American people.)
Story Reports
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A lawless gov't, not the Constitution, needs nullified
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Michael Lotfi (Another view)
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Since Marbury v. Madison in 1803, the American government has been run lawlessly. Some call the Constitution ineffective.

Americans must ask themselves: Is the Constitution ineffective, or do we have a lawless, disobedient federal government? If the answer is the latter, which it is, then Americans should see little refuge in additional amendments, which the lawless, disobedient feds will simply continue to ignore.

Two emerging fronts seen as remedy to unconstitutional federal usurpation of power have arrived at the forefront of American politics. On one end is Levin’s constitutional convention, and on the other end is nullification.
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Michael Maharrey The 10th Amendment Center
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James Madison nullification of Constitution Federalist 46
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In most cases, the people fail to focus the power of the state or local governments to stop federal usurpation.

We call the process nullification, and James Madison gave us the blueprint for stopping federal overreach before the Constitution was even ratified. Madison acknowledged anti-federalist fears that the new general government would try to exercise undelegated powers. And he assured them that the power of the states could keep the tendency in check in Federalist 46.

So, what are the “means of opposition?”

1. Disquietude of the people – This would include protests and petitions generated at the grassroots level. Madison expected the people would throw a fit when the feds usurped power – even using the word “repugnance” to describe their displeasure. That’s a pretty strong word. And inevitably, disquietude leads to action – first at the local level, then bubbling up to the state level. That leads to the next step.

2. Refusal to co-operate with the officers of the Union - Noncompliance. We preach it every day at the Tenth Amendment Center. Madison apparently knew what we know today. The feds rely on cooperation from state and local governments, as well as individuals. When enough people refuse to comply, they simply can’t enforce their so-called laws.

Consider 20 states operating legal medical marijuana programs. Sure, the feds can make some lives miserable with DEA raids, but no matter what they do, they will never get that genie back in the bottle. Legal medical marijuana is here to stay. A recent report shows the feds now labor with marijuana eradication in California because the state refuses to pitch in like it once did.

And Look at the feds struggling to implement Obamacare. Thirty states refusing to go along and set up the insurance exchanges threw quite the monkey wrench in the process. According to a Western Center for Journalism report, the GAO says vital parts of the computer systems running the exchanges remain unfinished. The government has no way to know who’s even eligible for federal subsidies, and no system exists to monitor insurance plans for compliance with the mountains of new regulations.

“It’s so complex and byzantine that the government is struggling to implement the law,” wrote Western Center for Journalism reporter Floyd Brown.

The GAO indicates the exchanges won’t be up and running by October as required by the law.

Noncompliance works. And it can happen at both the state and local level.

3, The frowns of the executive magistracy of the State - Here Madison envisions governors formally protesting federal actions. This not only raises public awareness; executive leadership will also lead to the next step – legislative action. Prior to passage of the Kentucky Resolutions of 1798, Gov. Garrard delivered a powerful message condemning the Alien and Sedition Acts and calling on legislative action.

4. Legislative devices, which would often be added on such occasions -What exactly does Madison mean by “legislative devices?” He doesn’t make that clear. But we know they include resolutions, because he and Thomas Jefferson penned the Kentucky and Virginia Resolutions in response to the draconian and unconstitutional Alien and Sedition Acts of 1798. Together, these Principles of ’98 formalize the doctrine of nullification.

But do legislative devices stop at non-binding resolutions? Clearly not, because Madison said these measures would create “difficulties” and “impediments.” Seventeenth century dictionaries list “obstruction” as a synonym for impediment. In other words, these legislative devices would serve to block the operation of unconstitutional power. This infers actions including formal, binding prohibitions of state or local cooperation, and outright interposition: “to intervene or place an agency between two positions.”

The personal liberty laws passed by northern states to thwart the Fugitive Slave Act of 1850 serve as the best historical example of “legislative devices.”

The Fugitive Slave Act of 1850 made a farce of due process, allowing for the arrest of a suspected runaway slave based on the word of the “property owner.” He simply had to swear an affidavit attesting to his “ownership” of the person in question, and he was allowed to drag that man or woman back South into slavery. The accused wasn’t even allowed to present evidence in his own defense. The act was meant to protect the “property” of slave holders, but many free blacks found themselves accused of escaping slavery and faced the prospect of living out their life on a plantation. And northerners understood that even an accused runaway should remain innocent until proven guilty, and enjoy basic due process rights.

Instead of simply submitting to federal authority and quietly participating in constitutionally dubious and morally repugnant fugitive-slave roundups, northern lawmakers aggressively resisted the fugitive slave acts. Officials in these states did everything within their power to thwart enforcement, including denying federal agents the use of jails, and even impeaching state officials who lent support to fugitive-slave claimants. The Michigan legislature passed a law guaranteeing habeas corpus rights and a jury trial to any accused runaway, all in defiance of federal “law.” Some states went as far as to subject anybody attempting to remove a accused fugitives from the state without following the prescribed state procedure to kidnapping charges. And there were documented cases of arrests of federal agents.

Madison said these actions would oppose, in any State, difficulties not to be despised; would form, in a large State, very serious impediments; and where the sentiments of several adjoining States happened to be in unison, would present obstructions which the federal government would hardly be willing to encounter.

Madison clearly expected the states to serve as a check on federal power. He laid out the blueprint. And when the people of states have followed it, they’ve found success. But sadly, states seldom follow Madison’s prescription. Why? Because the people don’t demand it. Too often, they grovel in marble hallways along the Potomac and beg federal officials to stop abusing their authority, instead of demanding that they stop. The power ultimately lies in us – the people.
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(I agree if the American people don't rise up via the James Madison solution to federal abuse of power the obama regime will continue to inslave Americans and turn America into a (Plantation of slaves).) Story Reports
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