Controlling Congress

by
Stephen Corrigan
All copyrights reserved

Alexander Hamilton in Letter #33 of the Federalists Papers makes the following statement concerning the definition and context of the "rule of law' in American politics. To define "the rule of law", he states:

"A LAW, by the very meaning of the term, includes supremacy. It is a rule which those to whom it is prescribed are bound to observe."

 He then states the following to explain the limits of "the supremacy clause" in Article VI of the U.S. Constitution:

"This results from every political association. If individuals enter into a state of society, the laws of that society must be the supreme regulator of their conduct. If a number of political societies enter into a larger political society, the laws which the latter may enact, pursuant to the powers intrusted to it by its constitution, must necessarily be supreme over those societies, and the individuals of whom they are composed. It would otherwise be a mere treaty, dependent on the good faith of the parties, and not a government, which is only another word for POLITICAL POWER AND SUPREMACY. But it will not follow from this doctrine that acts of the large society which are NOT PURSUANT to its constitutional powers, but which are invasions of the residuary authorities of the smaller societies, will become the supreme law of the land. These will be merely acts of usurpation, and will deserve to be treated as such. Hence we perceive that the clause which declares the supremacy of the laws of the Union, like the one we have just before considered, only declares a truth, which flows immediately and necessarily from the institution of a federal government. It will not, I presume, have escaped observation, that it EXPRESSLY confines this supremacy to laws made PURSUANT TO THE CONSTITUTION; which I mention merely as an instance of caution in the convention; since that limitation would have been to be understood, though it had not been expressed."

All political associations are formed by compacts. In these compacts, each party involved promises a specified conduct. Thus a law results as observed by Hamilton. In history, it has been observed that all compacts or contracts fall within one of two types, parity or suzerainty.

 A parity contract is between equals such is found in the compact in the last paragraph of "The Declaration of Independence" where the members are seen as being equal in authority and the conditions or terms of the contract or compact are negotiated by all involved.

In a suzerainty contract, however, the members are not equal. In this type, one called the suzerain, has the power to specify the conditions or terms and conduct of all who wish to have a contractual relationship with the suzerain. These terms are not negotiable. Examples of this type of contract are God's Ten Commandments given to His people, the terms of surrender for Japan by the United States ending World War II, the federal Constitution and the "Bill of Rights" created by the People of the United States of America.

 In the Great Seal, both types of contracts are illustrated.  The crest on the left represents a parity compact among equals founded upon the principle of liberty coming from God in His Providence. This principle is described as "The Law of Nature" in Blackstone's Commentary on Law and it is found in "The Declaration of Independence". It is the foundation for the compact made by the Peoples of the United States in order to form the new Republic. The significant principles found in the pledge can be stated as follows:

Believing "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" and "with a firm reliance on the protection of Divine Providence, we mutually pledge to each other (the members of the Republic) our Lives, our Fortunes, and our sacred Honor."

The content of this Pledge is the foundation and formation of the new Republic. Every time a present day citizen recites "I Pledge of Allegiance to the Flag and to the Republic for which it stands" he is reaffirming as a citizen the principles and obligation associated with the original Pledge made by our founders found in "The Declaration of Independence". His pledge of allegiance to obey the laws of the Republic meets the requirement in "the rule of law". In return, he has the blessings of liberty and security as a citizen. One can not become a member or citizen of a political association without first giving his allegiance to support and follow the principles of the association.  Without the continued faithful allegiance of its members and requirement of allegiance from its new members, no association, especially political, could continue to exist.

The crest on the right symbolically illustrates the principle of a suzerainty type contract. It identifies who is the suzerain and who has the power to dictate the terms and conditions for the new government at the federal level. This illustration is a reminder that the States as the suzerain will continue to always have the power to control the conduct of the public servants in each of the 3 pursuing branches of the federal government to be formed. The Crest also identifies how Congress is to use the military. The Constitution symbolized as a bridle in the mouth of an eagle (the federal government) illustrates the power that the suzerain has to control the 3 branches of government. 

Originally, the suzerain consisted of the 13 Free States in association with one another coming together as with one voice to write the Constitution. However, two States were afraid that the context of "rule of law" as explained by Hamilton would not be understood by future generations. In order to gain their votes. ten laws, referred to as "The Bill of Rights" were passed. It was placed outside the Constitution to restrict the power given to the federal government by the Constitution. Those ten laws were added not to create new rights but to create certain limits that would allow the suzerain (the States) a way to protect the God given rights of the citizens residing in their State from the new government that was to be created.

Our Founders, as the suzerain, cherished the right to form and delegate limited powers to government by constitution. Under the rule of law, they also realized that they had the obligation to follow the laws that would be made in every area outlined in that constitution. They also recognized, under the rule of law, that the government was obligated to follow the laws made by them.

Today, the suzerain consists of 50 free States or small republics. Each State has the right to demand from the government that they be recognized, as a sovereign republic in those areas that are as not enumerated to Congress in the Constitution. The Governor of every state and his Attorney General as the elected representatives of the People of their State, have the responsibility and power under "the rule of law" to make sure that any law resulting from any branch of the federal government does not violate their State's jurisdiction.

As part of the suzerain and under "the rule of law", they have the right to determine if a federal law violates any of the 10 laws protecting the rights of the citizens who reside in their state and take the appropriate action. Sir Walter Blackstone once said "Laws without penalties, are nothing more than good advice."

The Republic is identified in "The Federalist Papers" as a compound association of free small republics. Each State, as a member of the Association of free States (the suzerain), has the power to void any law that breaks any one of those 10 laws when applied to their State. Voiding a law that is not "in pursuance thereof" does not weaken the Constitution. If the Association of States (the Republic) later feels that they can no longer control their creation, the federal government, then they together, as the suzerain, have the authority and the right to void the existing constitution and create a new one if they so desire without destroying the association. (See "The Declaration of Independence"). 

They are the authoritative ruling power. The Republic (the association of free States) has the power to enforce the limits placed upon the three branchs of the federal government. The Republic made those laws before the federal level of government was ever formed. It has the right under "the rule of law" to see those laws are enforced.

Government Oaths

 A suzerainty type contract is made each time a federal public servant takes his oath of office or a citizen takes his oath to serve in a branch of the military. In both cases their "liberty" or "rights of conscience" are limited while fulfilling their obligated service.  They are entering a suzerainty contract with the People of the United States pledging to uphold and defend the terms and conditions so stated in the U.S. Constitution and terms and conditions in the 10 laws (Bill of Rights) outside the Constitution so stated by the suzerain, the Association of Peoples of the United free States.

This type of contract was designed to be law for all public servants only. It is never to be used by the government as a requirement for citizenship. If citizens ever fall for the con that they are required to take this oath to be a good citizen, they will fall into the same class as the military and their "liberty" or "right of conscience" will no longer come from God but be subject to the dictates and whims, of laws created by the Congress.

Time for Change

With the passage of the Health Bill, which clearly violates the sovereignty and jurisdiction of every state and the "right of conscience" of all individuals under the 1st Article of  "The Bill of Rights", it's time we let Congress know that they have awaken a sleeping suzerain. This awaken suzerain is about to start acting like one and is about to make a real change in the way things are done in Washington.

Remember what Blackstone said "Laws without penalties, are nothing more than good advice."   It is time that "We the Peoples of the United States' start enforcing our "Bill of Rights" by requiring our State representatives to void any law that the majority of People of a State believes violates a law that protects our God given rights.