By The People

There are fundamental flaws in how American government operates today,
contrary to the Constitution and the vision of a representative republican form of governance.
I intend doing something about it: by educating and informing others who
are not even aware of the dangers.

Friday, April 9, 2010

The Supremacy Clause: It's the Law of the Land!

Sometimes I wonder how a person gets to be in a high ranking position when it is obvious that they do not have the knowledge or skills to perform the duties of that position. As is noted in the article cited from the Texas Tenth Amendment Center it seems that Tennessee's Attorney General uses a partial interpretation of the Supremacy Clause to illustrate the power of the Federal Government over the laws of the States and of the Constitution. He stated, “Congressional power to preempt state law arises from the Supremacy Clause of the United States Constitution. The Supremacy Clause provides that the laws 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,” U.S. Const. art. 6, cl. 2.” 

But the clause he is quoting says, “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.”

Please correct me if I am wrong here, but I interpret this to mean that the Constitution AND the LAWS of any State is the fundamental structure from which all Federal government laws derive their legality and jurisdiction.

Or as  the article cited indicated, "Federal laws trumps state laws, ONLY IF FEDERAL LAWS ARE CONSTITUTIONAL." So if State law is based on a state constitution, which is based on the United States Constitution's reservation of rights to the States and the citizens, How can any law produced by Congress and signed into law by the President, then trump all else? And when did Executive Orders get the authority to trump both Congress and the Constitution?

The answer is in the creation of the 16th and 17th Amendments, along with another Congressional sleight-of-hand entitled Uniform Commercial Code. On the surface at least it would appear that the UCC deals exactly with what Congress is responsible for, the commerce and trade with other nations, the uniform assessments of duties and tariffs to promote fair trade without negatively impacting the industrial backbone of America. It was then decided that each of us would become "corporations" but not in the same "legal" sense as a "real corporation."

First a lesson in who I am and who the Federal Government and all businesses think I am. I was issued a Social Security Number which I applied for because I was told it was necessary to have before I could be employed. And every job I had, every school I attended, every vehicle registration and drivers license application had a spot on it to enter my SSN. 

In school I learned how to print my name and to write it in script. I learned that a signature on an application, or a check, indicated that I was telling the truth and authorized to withdraw money from a checking account, which my name and SSN was also attached to. Today when you apply for employment they ask for SSN, DLN and State you are licensed to drive in, and whether you have had any convictions or felonies. Some require a drug screen before hire.  When I worked on the race tracks I had to be fingerprinted and photographed for FBI background checks. 

When we get a bill or a check, have you ever noticed that the name is in all CAPITAL LETTERS? I have a few birth certificates and I cannot recall that any spell my name in all capital letters. But I keep getting "official" correspondences that always are addressed to me in all capital letters.

So I started asking around as to why this is done. Because I have a background in Information Systems Technology I had thought that maybe it started when things were printed on impact printers that had all capital letters and it stuck. What I learned is too much for a blog post. More like a documentary or a novel.

In a nutshell, the government create a "straw man" entity of all of us, so they could get around the Constitutional provision that all taxes be apportioned, that is provide us with the itemized list that the Internal Revenue Service demand of taxpayers.

Why can't individuals claim the same expenses as deductions as a corporation? We cannot deduct mortgage or rent, gas, electric or telephone. You cannot deduct your auto expenses even when it is a necessity to get to and from work. But a "real" corporation can deduct that trip to Tahiti as a "corporate retreat" that was done around meetings and brainstorming sessions. More like 9 holes in the morning and getting trashed at the lounge in the evening.

I am not a corporation and therefore I would like someone to show me what laws gave Congress to tax wages. I want to know what laws specific require individuals to file income tax returns with the Internal Revenue Service, when the refund checks are paid through the US Treasury Department?

It is important that Americans start getting the education about reality in government today. It has been operating under the UCC which in many ways is itself unconstitutional, but try and get a judge to hear the case.

To read where a State AG misinterprets the Constitution to show how Federal law is the law of  the land, is a good example of how poorly educated people are, and the reason is the curriculum not their abilities to learn. And with more and more Federal government programs and intervention into the public school system, it only gets worse.

And now they have control over health care? Doesn't that make me feel all warm and fuzzy!

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