Here’s a good article by Chuck Baldwin, that refers to the Tennessee Firearms Freedom Act and why the ATF is in the wrong for declaring our state law invalid. He also explains some history that has been forgotten. I’m going to start the article mostly where it begins talking about Tennessee.
THE AMERICAN REVOLUTION REVISITED
Let’s be honest, America is facing the same legal, moral and ethical questions that our Founding generation did, especially regarding the issue of “Who Is Sovereign in the United States.” For our Founders, they fought, bled and died on the principles that no man or government has the right to rule over others contrary to their agreement (i.e. compact, constitution) and contrary to the principles of natural law as revealed in the Creation of God; that all men are born in nature with the power to govern themselves; and that no Sovereign government, established lawfully by the consent of we the people, can be usurped and controlled by any other entity. Thus, today in America, the question once again comes down to “Who is Sovereign in the United States?”
Today, there are 3 basic options for “Who is Sovereign in the United States”: (1) the Federal government, (2) the State governments or (3) We the People. I feel confident in stating that most contemporary Americans believe that the answer to this critical question is the Federal government–especially as it concerns any practical effect on the power of and over government. For years, Americans have been brainwashed though public education, major media networks and politicians that ALL federal laws are the “supreme law of the land” and that no state law or action to the contrary is valid, citing Article 6, paragraph 2 of the US Constitution as their “irrefutable” proof. Of course they are completely wrong: American ideology and legal fact states that sovereignty rests with “we the people.” However, the question must be more narrowly defined.
As some of you may know, several states have and are passing legislation regarding the independence and sovereignty of the people of their respective states. More specifically, the states of Tennessee and Montana have passed “Firearms Freedom Acts,” which have become law and which reaffirm their Sovereignty under the 10th Amendment of the US Constitution. This law states that any firearms that are made, sold and bought in that state are NOT subject to the Federal regulations of firearms, because they are inherently internal affairs, which exempt them from the commerce clause of the US Constitution.
As you would imagine, the Federal government, through its agency, the Department of Justice, did not take too kindly to Tennessee’s assertion of jurisdiction over this matter and position that the federal laws did not apply to the subject matter at hand. This federal opposition has become known through the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), whereby they informed the firearms licensees in an “open letter” in Tennessee that the recently enacted law (Firearms Freedom Act) does not apply and is void and that they (the firearms licensees) must still obey and submit to the federal laws, regardless of the State’s statute. (See here)
This ATF response tells us the following about the federal government’s ideology of Sovereignty: (1) the federal government does not recognize the lawful and independent jurisdiction of the Sovereigns of Tennessee to operate their internal affairs as they deem proper and fitting; (2) the Sovereigns of Tennessee do not possess lawful jurisdiction to govern themselves through constitutional means; (3) the federal government has the power and authority to control the internal affairs of all States, as they deem fit. Bottom line, the Federal government is Sovereign. With their theory in mind, however, what commodity, what relationship, what contract, what service, or what molecule in this entire country would not be subject to their control and power?
(Here the article goes on to describe the situation between the British and the colonies,it’s good, but I’m skipping here because of the length.)
This concept of “supreme law of the land” was expressed by a founding father, whom many would consider to be a “centralist” in belief, Alexander Hamilton, in Federalist Paper #27:
“[T]hat the laws of the Confederacy [meaning, the United States of America--yes, even Hamilton, along with many other founders, such as George Washington, called the US Constitution a Confederacy, because they knew that the nature and character of the compact of the US Constitution did not change from the Articles of Confederation] as to the ENUMERATED and LEGITIMATE objects of its jurisdiction, will become the SUPREME LAW of the land, to the observance . . . in each State, will be bound by the sanctity of an oath. Thus the legislatures, courts, and magistrates, of the respective members, will be incorporated into the operation of the national government AS FAR AS ITS JUST AND CONSTITUTIONAL AUTHORITY EXTENDS.”
Hamilton’s legal position concerning the limited power of the federal government and the “supreme law of the land” was the consensus of the founders, the States and we the people. Nowhere in America’s founding was there the notion that the supreme laws of the land were anything contrary to the compact FOR the States. The supreme laws of the land are simply those “fundamental laws” that we the people have created and imposed upon the government to follow and uphold.
Of course, the question has been raised over the past 150 years of “who has the power to determine whether or not the Federal government has usurped their constitutional authority?” The popular answer is (wrongfully), the US Supreme Court. God forbid that the Sovereigns of each State must wait and rely on 9 federal judges to make rulings of this nature before a State would have any legal rights or justification to act in accordance with the will of their Sovereigns. Indeed, the ATF interpreted the Constitution unilaterally without the opinion of the US Supreme Court and without opinion or order denied the constitutionality of Tennessee’s Firearms Freedom Act. The Sovereigns in each state have the same power, and the historical and legal evidence is plentiful. Consider Thomas Jefferson’s position:
“[T]he States should be watchful to note every material usurpation on their rights; denounce them as they occur in the most peremptory terms; to protest against them as wrongs to which our present submission shall be considered, not as acknowledgments or precedents of right, but as a temporary yielding to the lesser evil, until their accumulation shall overweigh that of separation.” (Thomas Jefferson and John P. Foley, ed., The Jeffersonian Cyclopedia, A Comprehensive Collection of the Views of Thomas Jefferson, [New York and London: Funk & Wagnalls Co., 1900], 133)
I will not attempt to persuade the reader at this point on the fallacious position that only the US Supreme Court can make a determination of constitutional actions. However, for those who would argue that the US Supreme Court is in fact the only legal means by which a State can say “no” to the federal government, then I believe that such a person has reached the point of voluntary slavery, and such a person is dangerous to the concepts of federalism.
What we are seeing today, and have seen for over 100 years in America, is the usurpation of the federal government over Sovereignty–we the people–and over Jurisdiction–the States. While this article cannot begin to expound in depth the true character and nature of the US Constitution, a study of history reveals that the US Constitution was an agreement between the Sovereigns of each State whereby they acceded to give up only certain parts of their sovereignty for the “more perfect union” of the people within those States. As with any sovereign people or government, accession may be limited to whatever means and ways necessary to protect the freedom of that society. This is in fact what the Colonists did in 1776 when declaring independence from Great Britain, what the States did in 1781 when ratifying the Articles of Confederation, and what the States did in 1787 when ratifying the US Constitution. It was the Sovereigns, through their respective States, who declared their natural rights under God, who secured their natural rights through independence from governments and who expressed that any act outside of their consent is tyranny.
When this recognition resounds in the hearts and minds of the people, as our Declaration of Independence states, “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.” Do you really think after only 11 years from the signing of the Declaration of Independence that those same people who risked everything for independence from those “living-constitutionalists” in Great Britain and who believed in the principles seen in the Articles of Confederation would have completely renounced their understanding of a Confederacy and Federalism and would have resigned the same and delegated all of their powers that they fought and died to secure for each State and for their citizens? If you think so silly a notion, you severely impose injustice upon the intelligence and intentions of our founders.
However, the record is clear that the Sovereigns of each State never ceded to the federal government powers not expressly vested to it and never waived the ability to reclaim that power through their proper channels–the States–the same channels by which the US Constitution was ratified. Consider the Sovereigns’ voice in the State of Virginia in 1787:
However, the Federal government today does not recognize the Sovereignty in the people of the respective states; it does not recognize the respective States’ jurisdiction over all matters not expressly delegated to the federal government; and it does not seem to acknowledge State Sovereignty under the 10th amendment of the US Constitution. Given their evident intent and purposes to continually grow in power and to continually oppress and suppress the sovereignty of we the people, against our respective states, the question becomes, how will they be made to understand this? It is of course up to the Sovereigns in each state to answer this question. And we see the answers arriving through State laws such as the Firearms Freedom Act.
The time has come in America where to be free necessarily means to resist status quo and federal usurpation and to actively change the course and philosophy being shoved down our throats. There really is no middle ground any more. This is not a matter of politics anymore. This is not a matter of Republican and Democrat. This is a matter of FREEDOM, as much so as were the matters of 1775 and 1776. It is staring you in the face, daring you to make a move. May we never be guilty of causing, whether by our apathy, indifference, laziness or comfort, this nation to lose the freedoms that our founders attempted to secure with infinite pains and labors. We the people must once again reassert our Sovereignty in this country and the States must recognize and act upon their God-ordained role as Freedom protectors and tyranny resisters.
Read the entire article at NewsWithViews.com
Steve Hilton
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Mike