The Bottom Line on the Balance of Powers Act
The constitutionally correct answer begins with the most appropriate questions…
1. Is our State still a sovereign State with constitutionally protected rights?
2. Does our State Government govern our State, or does Washington DC?
3. Are the U.S. Constitution, the Bill of Rights and our State Constitution still in force?
If you can’t answer these three questions correctly, you will not understand the State Balance of Powers Act.
If the U.S. Constitution and Bill of Rights is still in force, then the State Balance of Powers Act is 100% “constitutional.”
Likewise, if the State Balance of Powers Act is “not constitutional,” then the Constitution and Bill of Rights are no longer
in force. The Balance of Powers Act is not “nullification.” You cannot “nullify” that which does not exist in law.
What does the Balance of Powers Act Say?
reserved to the State, or to the people respectively.
our State from any and all infringements upon constitutionally protected rights, as established by our State
others retained by the people, or our State.
the Bill of Rights, specifically protected by the Ninth Amendment.
clause, the necessary and proper clause and the federal supremacy clause.
invalid and, despite the Supremacy Clause, has no priority over our State or the people.
constitutionality of federal actions within our State.
shall decide whether or not to accept a federal action on the sole basis of its constitutionality.
that the U.S. Supreme Court shall have original jurisdiction, and that no other court has any jurisdiction on the
matter of constitutional disputes.
right and the authority to be the final arbiter of what is and is not constitutional within the State.
adhere to, abide by or enforce any federal acts which the people and the state determine to be beyond the
constitutional authority of the federal government, or in direct violation of the Bill of Rights, deemed thereby
“unconstitutional,” invalid, void and without force of law.
The federal supremacy clause protects only those laws, created by the legislative branch, made in Pursuance of the U.S.
Constitution and Bill of Rights. All federal actions not made in Pursuance thereof are invalid and void.
Under the Tenth Amendment of the Bill of Rights, each State Government has the Right and the sworn duty to uphold,
protect and preserve the U.S. Constitution, the Bill of Rights and their State Constitution. The Balance of Powers Act
simply establishes a streamlined method by which the State can keep its oath to protect the people of the state.
A standard set of false assumptions has led to improper interpretations of the Balance of Powers Act and improper use of Constitutional text to subvert State’s Rights under Constitutional Law.
This is a misinterpretation or misrepresentation of the Federal Supremacy clause in the US Constitution. “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, anything in the constitution or laws of any state to the contrary notwithstanding.”
The only federal laws that enjoy supremacy over state and local laws are those which are themselves “constitutional.” – Unconstitutional federal laws, mandates, executive orders, judicial lawmaking by fiat, DO NOT enjoy supremacy over anyone or anything. Any federal act which is not within the enumerated powers of the federal government, not passed into law via constitutional legislative process, or are direct violation of constitutional protections, DO NOT have federal supremacy. The US Constitution is the Supreme Law of the Land. The Balance of Powers Act does NOT challenge the supremacy of constitutional acts, but only unconstitutional acts.
No, federal courts have no jurisdiction over the constitutionality of state actions. “In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be a Party, the Supreme Court shall have original Jurisdiction.”
The US Supreme Court has original jurisdiction in all matters in which a State is Party to the action, especially in actions between the Federal Government and a State. This clause exists to protect the integrity of the union and the balance of powers between the Federal Government and each State. It exists so that the US Supreme Court is the original arbiter of all disputes between the Federal Government and a State, avoiding years of expensive battles and appeals in lower courts and settling disputes swiftly and efficiently.
Wrong. The state legislatures can and should simply reject the implementation of the unconstitutional act within the borders of the state and notify the Federal Government of such actions. In the event that the Federal Government chooses to challenge those actions by the State, they must do so in the US Supreme Court only, which the constitution gives original jurisdiction on all such matters. The State AG will then defend those State actions in the US Supreme Court.
Wrong. The union of fifty sovereign states is a very carefully crafted and fragile union. The union of states exists due to, and is subject to all of the terms and conditions of that union, including the Bill of Rights. The Constitution means exactly what it says, or it means absolutely nothing at all. The Tenth Amendment states – “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.”
This Amendment exists so that there could be no doubt that our Federal Government has very limited powers and authority. The people hold the greatest power in America, followed by the states. The Federal Government was to be the least powerful entity in America. The only way states lose their power is to lose the US Constitution in its entirety. In that case, the union of states itself no longer exists.
The Ninth Amendment is key – “The enumeration in the Constitution of certain rights shall not be construed to deny or disparage others retained by the people.”
Once again, it is clear that the Federal Government has very limited powers, the people retaining all others. The States are then positioned to protect their people from Federal tyranny via enforcement of the Tenth Amendment.
At this late date, with all three branches of the Federal Government operating above and beyond constitutional authority and at odds with the vast majority of American citizens, only State lawmakers can turn the tide.
“The Senators and Representatives before mentioned, and the members of the several state legislatures, and all executive and judicial officers, both of the United States and of the several states, shall be bound by oath or affirmation, to support this Constitution;” - Article VI
This means that State lawmakers have the power and the obligation under oath of office, to act in protection and preservation of the US Constitution, including their Tenth Amendment rights to a Balance of Power.
Nobody in the Federal Government will ever put themselves in check or balance. If State lawmakers don’t do it, it will be left to the American people to do it by whatever means necessary.
“We hold these truths to be self-evident, 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.--That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, --That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness.”
First, part of the challenge in enforcing the US Constitution is the fact that law schools have not taught constitutional law since 1946. Instead, they have been teaching only legal precedent and procedure.
However, precedent setting does not create law, let alone alter the Constitution. In this case, legal precedent has no bearing. The Constitution means what it says, no matter how a judge might have ruled on a single related or unrelated case in the past. The Constitution means whatever the states and the people say it means.
On this subject, the only precedent that matters is the precedent set in 1776, the last time someone tried to run roughshod over the colonies. The States are party to a union only so long as the conditions of that union remain in full force and effect.
If there is no more Constitution, then there is no more union.
Correct! Every lawyer’s oath begins with – “I do solemnly swear (or affirm): I will support the Constitution of the United States and the Constitution of the State of ___________;”
Every legislator, state and federal, takes an oath to protect and defend the US Constitution and every judge takes an oath to uphold the US Constitution.
Every lawmaker, officer of the court or law enforcement agent who does not uphold, protect and defend the US Constitution is in direct violation of their oaths of office.
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