How Power Is Delegated and Reassumed

Our system of governance is pretty clear when you break down the delegation of power:

1.) Power (inc. sovereignty) starts with the individual.

2.) The individuals extends (read delegates) specific power to the State (inc. sovereignty) when many individuals form a political community.

3.) The State then (as an agent on behalf of the the individual) extends authority to its agent, the Federal gov’t (this creates a dual-sovereignty where supreme power has been delegate to the State’s agent for a list of specific items which are in the interest of the collective of States, and in turn the State’s citizens).

4.) When the citizens of a State do not believe the agent of the State is acting in the citizens best interest (inc. violating the compact/agreement), they have every right to leave the compact. No power was ever delegated to the agent of the State’s that removed the States ability to be fully sovereign once again.

If Federal Supremacists could point us to a clause in the US Constitution where the Federal gov’t was delegated the power to not let the states out of the compact…they would, but they can’t because it’s not there. The US Constitution is like many contracts we know today. If something is spelled out clearly and a power is listed, then that power is included in the agreement. If the power is not included, it is retained by the party that had the power prior to the agreement. Hence, the States (i.e. people of the State) never gave up any power related to their sovereign right to free association necessary to their happiness.

Coincidentally, we do have definitive examples of what the States agreed to related to this power (i.e. right of rescission). One comes from the NY ratification resolution: “That the Powers of Government may be reassumed by the People, whensoever it shall become necessary to their Happiness;” (read the resolution HERE)

There are other examples of such language in other resolutions (e.g. VA, RI)…but the fact remains, the (people of the States) would NOT have agreed to the terms of the US Constitution if they were bound by the agreement without having the ability to leave the compact should they desire.

The simplicity of this is lost on most Federal Supremacists and DC’vers today…it wasn’t lost on the people of the States that ratified the US Constitution.

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Joshua Lyons

Co-Host/Producer at The Forgotten Men Radio Show
Joshua is the co-host of The Forgotten Men radio show, which airs Saturdays at 12 noon ET on AM930 WFMD. The Forgotten Men focus on the current political and economic challenges through the lens of the Constitution and federalism.
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