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How to restore
states' sovereignty

Posted: November 13, 2010
1:00 am Eastern

© 2010

"What's Harry Reid done for us lately?"

That question was posed in one of the informal voter opinion sessions
in Nevada hosted by Fox News during the recent election cycle. The
constitutional response would be: U.S. senators are not supposed to
represent the citizens of the state.

When the First Continental Congress was convened via a resolution of
the Congress of the Confederation, one of the first issues discussed on
May 29, 1787, was the balance of power for a newly created federal
government:

3. Resolved, that the National Legislature ought to consist
of two branches.

4. Resolved, that the member of the first branch of the National
Legislature ought to be elected by the people of the several States
every _____ for the term of _____; to be of the age of ____years at
least. ...

5. Resolved, that the members of the second branch of the National
Legislature ought to be elected by those of the first, out of a proper
number of persons nominated by the individual Legislatures, to be of the
age of ____ years at least. ...

James Madison wrote in The Federalist Papers No. 45: "The Senate will
be elected absolutely and exclusively by the State legislatures." John
Jay, co-author of The Federal Papers is quoted: "Jay then informed
Governor Clinton that, unlike the Senate, where the two-thirds rule was in
force for treaties and impeachment, the lower house had nothing to do with
treaties; it represented the people whereas the Senate represented the
states – for the Federalists always a significant distinction."

The framers of the Constitution wisely understood the absolute
necessity of ensuring we the people would have the right to vote for our
representative in Congress, and at the same time because they all
jealously guarded freedom and liberty, the states must also have equal
representation. We the people would have the ability to remove via the
ballot box miscreants and scoundrels, while the state legislatures could
recall their U.S. senators who acted against the best interests of their
states.

The Senate was supposed to be a sort of check and balance, but that
disappeared when U.S. senators began to be voted into office by special
interests and mobs demanding more from the people's treasury. The absolute
right of the states to equal representation was wiped out when the 17th
Amendment was declared ratified April 8, 1913.

When
did government officials start ignoring our national charter – and why
does it continue? Find out in "Who Killed the Constitution?"

The limited legislative authority delegated to U.S. senators is very
important. They confirm federal judges, U.S. Supreme Court justices, the
U.S. attorney general, secretary of state and other Cabinet heads –
individuals who can and have had a negative impact on the states of the
Union over the decades.

The U.S. Senate ratifies treaties. Just look at the destruction of jobs
in the states because of "agreements" like NAFTA (No American Factories
Taking Applications) and treaties like CAFTA and GATT/WTO. Millions of
jobs shipped overseas to Mexico and South America while Americans stand in
unemployment lines. Look at the destruction to our industrial and
manufacturing sectors – nearly wiped out along with millions of jobs
because of those unconstitutional treaties. Then there's the harm to our
nation from our illegal participation as a member of the communist U.N.
and the treaties coming out of that rancid operation. That is why the
states were to have equal representation in the U.S. Senate – to check a
president on treaties.

By having the state legislatures appoint their two U.S. senators, the
citizens of the states actually benefit in far greater measure than by
direct vote. States would appoint senators who would get the U.S. out of
the U.N., Bretton Woods, NAFTA, CAFTA, GATT/WTO and begin to impeach
activist judges whose decisions directly impact the lives of citizens in
the sovereign 50 states. That is the constitutional solution.

Several major efforts are under way to repeal the 17th Amendment, but
is that the right course to take? You can't repeal an amendment that
clearly was not ratified by enough states.

In March 2009, I personally went to the National Archives in
Washington, D.C., joined by two colleagues. Our purpose was to obtain,
which we did, court-certified documents regarding the ratification of that
amendment. Having obtained them, there is no doubt the amendment was not
ratified by enough states at the time. Five states allegedly didn't ratify
until months after then-Secretary of State William Jennings Bryan declared
it ratified! All of the historical documents, court-certified, are
available.

We find in the official publication called "Constitution Jefferson's
Manual and Rules of the House of Representatives of the United States
Congress, Eighty-Seventh Congress," Thomas Jefferson said, in part:
"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." Since many state legislatures were out of session at the time of
the vote, have they been deprived of equal Suffrage in the U.S. Senate
because they did not participate in the ratification of this amendment?
Have those states been deprived of equal suffrage in the Senate as well as
the states that took no action, like the state of Georgia?

Is fraud (non ratification) enough to allow a state to declare the
amendment null and void? Jefferson also wrote in the manual cited above:
"Question has arisen as to the power of a State to recall its assent to a
constitutional amendment (V. 7042)." What about that?

How do the states resolve this critical issue? It will not come from
Congress; that is a given cemented in concrete.

I am not a lawyer and have no legal training. However, one thing I do
believe: It's absolutely wrong to correct a legal fiction using a method
which would give legitimacy to that fiction. The same constitutional
crisis exists over Obama/Soetoro and the growing call for impeachment. He
is without question a usurper. You cannot impeach someone who has legally
never held that office. Giving legitimacy to fraud demeans our
Constitution and takes away honor and integrity for our system of
government purchased with rivers of blood.

What options do the states of the Union have should just one state
legislature take the courageous step in challenging the ratification?

A state legislature could pass a resolution that would be sent to their
attorney general to file a lawsuit with the U.S. Supreme Court. Why the
Supreme Court? I think because it would be an original-jurisdiction case:
Article III, Section 2, of the U.S. Constitution:

The judicial power shall extend to all cases, in law and
equity, arising under this Constitution, the laws of the United States,
and treaties made, or which shall be made, under their authority; – to
all cases affecting ambassadors, other public ministers and consuls; –
to all cases of admiralty and maritime jurisdiction; – to controversies
to which the United States shall be a party; – to controversies between
two or more states; – between a state and citizens of another state; –
between citizens of different states; – between citizens of the same
state claiming lands under grants of different states, and between a
state, or the citizens thereof, and foreign states, citizens or
subjects.

(Column continues below)

Such a lawsuit most certainly is a controversy to which the United
States would be the prime party involving fraudulent ratification of an
amendment to the U.S. Constitution. Shouldn't ratification of amendments
to the U.S. Constitution be subject to judicial scrutiny where fraud is
clearly in evidence? The answer is clearly yes.

What about treaties in place should the amendment be declared not
ratified? Realistically speaking, you couldn't just declare all the
treaties passed since 1913 null and void on the spot, even though legally
it would be correct. However, the House of Representatives can introduce a
bill like H.R. 4759, which has been languishing since March, to get us out
of NAFTA. Simply apply the normal process to get us out of those treaties.

The long over due states' rights movement is growing at lightening
speed. Americans are learning about the 10th Amendment, the Supremacy
Clause, the real meaning of the Welfare Clause and nullification. For the
states to fully regain their sovereignty, the 17th Amendment must be
challenged. If a state legislature is happy with the individual "voted"
into office to serve in the Senate, they can keep that individual. In a
calm, rational manner, the problem can be worked. Is there one state in
our Union with the courage to challenge this fraud and restore their right
to be represented in Congress, or will they remain little more than
doormats for corrupt senators?

Devvy
Kidd authored the booklets, "Why A Bankrupt America" and "Blind Loyalty";
2 million copies distributed. She left the Republican Party in 1996 and
has been an independent voter ever since. Visit Devvy's website at: http://www.devvy.com/. You may also sign
up for her free e-mail alerts.

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