Through a series of articles, we have shown how Utah and in essence all of the powers or “rights” of the states have been encroached upon over time and now seems to be the “norm”. We have articulated the violation of the Federal land grab (The History of the Federal Government Land Grab (part 1) , The History of the Federal Government Land Grab (part 2) and Agenda 21 and Sustainable Development in Utah and Why It Matters?) and how the Constitution has been usurped without legal right or standing.
In Dyett v. Turner (1968), Utah Supreme Court Justice Ellett questioned the Federal government authority, especially the power of The United States Supreme Court, in an official Utah state government document, written from a person in authority that understands the legality and history of how the system has evolved and functions from the original intent to present condition.
I think it would be safe to say, Justice Ellett is a Strict constructionist by forcing every government department from federal, state and county public servants to obey a limited interpretation and to restrict such to the exact wording of the law (namely the Constitution).
Justice Ellett points out how “social reformers” have interpreted and foisted National laws, which “even Congress could not constitutionally pass.”
“The United States Supreme Court, as at present constituted, has departed from the Constitution as it has been interpreted from its inception and has followed the urgings of social reformers in foisting upon this Nation laws which even Congress could not constitutionally pass.”
United States Constitution Article I Section I
All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.
1828 Noah Webster’s Dictionary
Legislative
1. Giving or enacting laws; as a legislative body.
2. Capable of enacting laws; as legislative power.
3. Pertaining to the enacting of laws; suitable to laws; as the legislative style.
4. Done by enacting; as a legislative act.
Justice Ellett continues to tell how the U.S. Constitution has been amended by an unknown, strange, unnamed, unrecognized, concealed and foreign manner to the document itself.
“It has amended the Constitution in a manner unknown to the document itself.”
Justice Ellett is referencing U.S. Constitution Article V in order to officially, ethically, morally and “legally” change the form of government from its original intent and function. He explains how “five men who have never been elected” has radically changed it by “judicial fiat”, command, decree, edit, permission and/or dictate. Here we have Judicial oligarchy and tyranny, legislating from the bench.
“While it takes three fourths of the states of the Union to change the Constitution legally, yet as few as five men who have never been elected to office can by judicial fiat accomplish a change just as radical as could three fourths of the states of this Nation.”
U.S. Constitution Article V:
“The Congress, whenever two thirds of both houses shall deem it necessary, shall propose amendments to this Constitution, or, on the application of the legislatures of two thirds of the several states, shall call a convention for proposing amendments, which, in either case, shall be valid to all intents and purposes, as part of this Constitution, when ratified by the legislatures of three fourths of the several states, or by conventions in three fourths thereof, as the one or the other mode of ratification may be proposed by the Congress; provided that no amendment which may be made prior to the year one thousand eight hundred and eight shall in any manner affect the first and fourth clauses in the ninth section of the first article; and that no state, without its consent, shall be deprived of its equal suffrage in the Senate.”
Here we find Justice Ellett explaining how “the sovereignty”, dominance, jurisdiction, primacy and preeminence of “the states” has “practically” been “abolished” and absolved. Formerly, or before the present time, Utah and (all the states) were “free and independent states”, but now have evolved gradually and by encroachment over the years to be “merely closely supervised units in the federal system”, pawns and colonies to the Federal government by way of an Administrative State.
“As a result of the recent holdings of that Court, the sovereignty of the states is practically abolished, and the erst while free and independent states are now in effect and purpose merely closely supervised units in the federal system.”
THE IMPORTANCE OF STATES’ RIGHTS’:
By removing the checks and balances, it detached, dislodged, and eliminated the foundation and flow of power and influence from the original intent. It gradually changed the architecture, framework, and format of government over time while unhinging, unbalancing and overturning the power once retained by We the People in the structure in closest proximity to our daily affairs to rein in usurpers by way of State and County ministry to that of coercion and encroachment of a central control in the imperial city of Washington D.C.. It removed the “dual relationship” to that of designing and unscrupulous oligarchs without the protecting rules of the supreme law of the land by way of the U.S. and Utah Constitutions.
“Patrick Henry would serve as Virginia’s Governor twice, and would oppose the U.S. Constitution on the grounds that it did not possess sufficient safeguards against the abuse of power against the states that America had just freed herself from . . . . How ironic that a patriot like Patrick Henry would take that stand. And that 230 years after the Declaration of Independence was signed, his fears would have been proven, well founded, maybe even prescient.” (1)
George “Mason wrote the Virginia Declaration of Rights. Jefferson said that Mason was the wisest man of his generation. . . . like fellow Virginian, Patrick Henry. Mason would oppose the federal constitution, fearing that its federal court system would destroy the state courts and lead to aristocracy and injustice.” (1)
On June 7, 1776, Richard Henry Lee of Virginia introduces a resolution for independence to the Continental Congress in Philadelphia; John Adams seconds the motion.
“That these United Colonies are, and of right out to be, free and independent States, that they are absolved from all allegiance to the British Crown, and that all political connection between them and the State of Great Britain is, and ought to be, totally dissolved; that measures should be immediately taken for procuring the assistance of foreign powers, and a Confederation be formed to bind the colonies more closely together.”
State Rights are interwoven from threads of the concept held by not only John Adams, but all through the founding generation and chronological foundational documentation as we can see these ideas were cemented in Articles of Confederation (1781) and carried into the U.S. Constitution in various forms of articles and Bill of Rights.
Articles of Confederation:
Article II. Each state retains its sovereignty, freedom and independence, and every Power, Jurisdiction and right, which is not by this confederation expressly delegated to the United States, in Congress assembled.
Article III. The said states hereby severally enter into a firm league of friendship with each other, for their common defence, the security of their Liberties, and their mutual and general welfare, binding themselves to assist each other, against all force offered to, or attacks made upon them, or any of them, on account of religion, sovereignty, trade, or any other pretence whatever. . . .
But over time, the erosion of this thread of States’ jurisdiction, commission and sovereignty and we haven’t even mentioned how the 17th Amendment was a major death nail in protection of We the People. It was a facade and veneer of being for the people on the surface, playing aggressively on the pride and ignorance of the general population by feeding the word democracy, with carefully crafted semantics in removing another check on national tyranny with ambitious despots scheming such pattern and design to return to feudalism.
“The worst Amendment to the U.S. Constitution was the 17th Amendment, because it changed the election of Senators from the State legislatures to the people, and they were no longer serving on behalf of, and accountable to, the State governments, thereby destroying the balance of power our Founders intended.” — Hank Brock
The whole of the Constitution was to check the ambitious men and women, but a fractured and weakened framework creates the seeds of exploitation, fraud, racketeering and profiteering on the part of designing men and women by the use of their own moral relativism and interests, a return to despotism. The Constitution provides political chains to give moral direction for public servants and corporations (4)(5) to serve We the People.
“The people who make the laws are people too. How do we know they won’t make them in their own interest? You need a constitution. And it needs to be in control of the governed.” (2)
The “control of the governed”, would be about the bottom-up approach, not the top-down approach (People’s Law vs Rulers Law).
Justice Ellett has spoken of how the U.S. and Utah Constitutions have been subverted, undermined and usurped by Federal overreach by way of the U.S. Supreme Court. Here we have a public servant, who has taken his Oath of Office to heart and shows his love, value and principles for the Constitution seriously. He is a man of courage and good character, who upheld his discharge in honoring the Oath to “support and defend the Constitution of the United States against all enemies, foreign and domestic.“
In this case, the domestic enemy to the Constitution is our own government by way of the federal authorities.
Utah Constitution Article VI Section 10:
“All officers made elective or appointive by this Constitution or by the laws made in pursuance thereof, before entering upon the duties of their respective offices, shall take an subscribe the following oath or affirmation: “I do solemnly swear (or affirm) that I will support, obey and defend the Constitution of the United States and the Constitution of this State, and that I will discharge the duties of my office with fidelity.”
He concludes how the “justices” who were “once free” should protest as “the great bulk of our powers” are taken “over by the federal courts”.
“We do not believe that justices of once free and independent states should surrender their constitutional powers without being heard from. We would betray the trust of our people if we sat supinely by and permitted the great bulk of our powers to be taken over by the federal courts without at least stating reasons why it should not be so. By attempting to save the dual relationship which has heretofore existed between state and federal authority and which is clearly set out in the Constitution, we think we act in the best interest of our country.”
The “dual relationship” which was “clearly set out in the Constitution”. A great example of what this looks like is contained in the film, A More Perfect Union.
See also, The Great Compromise:
“This great compromise has created a new kind of nation, one such as I have never considered. Its national government is strong and sovereign, but it has states which are also strong, separate states, the united people. It is neither man nor horse, but like the Centaur half of each. I don’t know whether such a creature can survive and the rough and tumble of the world.”
It is being destroyed by usurpers and tyrants in Washington D.C.
Justice Ellett describes the path of destruction being chartered by the Un-Constitutional acts taking place and how We the People will be in bondage heading into the “maelstrom” in front of him and future posterity.
“We feel like galley slaves chained to our oars by a power from which we cannot free ourselves, but like slaves of old we think we must cry out when we can see the boat heading into the maelstrom directly ahead of us; and by doing so, we hope the master of the craft will heed the call and avert the dangers which confront us all. But by raising our voices in protest we, like the galley slaves of old, expect to be lashed for doing so.”
It is the desire of the Justice to return to the “Constitution” which is a “document plain enough” for those who read, understand and apply it as it is “like a jewel” of critical thinking, “common sense and wise judicial decisions.”
“We are confident . . . the people of this Nation who long for the return to the days when the Constitution was a document plain enough to be understood by all who read it, the meaning of which was set firmly like a jewel in the matrix of common sense and wise judicial decisions.”
Justice Ellett reminds the reader and the Supreme Court there are limitations placed on the Federal government in the Constitution and should be adhered to. He references the Tenth Amendment as well.
“This was simply a limitation upon the Federal Government and in nowise was supposed to be applicable to the states. In fact, the Tenth Amendment was adopted to make sure that the federal entity did not take unto itself any powers not specifically granted to it. That amendment reads:”
The Bill of Rights Tenth 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.”
James Madison tells us in Federalist Papers #45:
“The state governments will have the advantage of the federal government . . .
“The powers delegated by the proposed constitution to the federal government, are few and defined. Those which are to remain in the state governments are numerous and indefinite. The former will be exercised principally on external objects, as war, peace, negociation, and foreign commerce; with which last the power of taxation will for the most part be connected. The powers reserved to the several states will extend to all the objects, which, in the ordinary course of affairs, concern the lives, liberties and properties of the people; and the internal order, improvement and prosperity of the state.”
The government has changed, evolved and became destructive by ignoring the written U.S. Constitution. It has been flipped on it head.
Utah and all the states of the Union have become neutered, castrated and sterilized. The states have once again fallen backwards and inherited what the Declaration of Independence had broken away from, a tyrannical merger of government and monopolies. (4)
“To this I am opposed, because when all government, domestic and foreign, in little as in great things, shall be drawn to Washington as the center of power, it will render powerless the checks provided of one government on another, and will become as venal and oppressive as the government from which we separated.” — Thomas Jefferson
In closing, Utah and other states have now become subservient, inferior, submissive, a slave and bootlicking to the Federal government instead of the equal footing doctrine and “dual relationship”.
It was the states that created the Federal government and created layers upon layers of checks and balances to keep it from growing bigger and bigger by overreaching and becoming the master instead of the servant to We the People.
Our countrymen have been cheated, defrauded and swindled over the years by our supposed “leaders”, when they have been participating in this show and great heist as it adds up little by little until it can’t be hidden any longer. If a person commits a crime of fraud, or theft, the investigator traces the money trail or the series of actions after the breach, violation and lawlessness to see where the damage took place. We need to trace the illegal activity to the point of its source so we can void, and nullify the unconstitutional actions taken by the federal government in removing states’ rights’. We need to restore what is right and refuse what is wrong by way of Nullification.
“We’ve moved so far away from the Constitution that, in many ways, we don’t even recognize it. We think we are becoming more advanced by abandoning the Constitution and adopting something like an administrative state. But what we’re in fact doing is becoming more primitive. We are regressing.” (3)
Thomas Paine:
“A body of men holding themselves accountable to nobody ought not to be trusted by anybody.”
If a body of men or women cannot hold themselves or be held accountable by an oath, agreement, or commitment in principle and/or paper should not be trusted by the American people.
Declaration of Independence:
“But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security.”
(1) Mike Church’s, Road to Independence
(2) Constitution 101 (Larry P. Arnn)
(3) Constitution 101 (Kevin Portteus)
(4) Monopolies are Un-American and through a series of articles (Parts 1a, 1b, 2, & 3)
(5) Original Utah Constitution Article XII vs present day Utah Constitution Article XII
