-Caveat Lector-
This is utter nonsense. The states are guaranteed "equal suffrage" in the senate. Each state has two senators and each senator has one vote. That was not changed by the 17th Amendment. Only the method of choosing those two senators was changed.
 
Granted the 17th was ill advised and completely changed the character of the senate destroying one of the checks and balances the founding fathers put in place. But it did not violate the requirement for equal suffrage.
 
JR
 
----- Original Message -----
Sent: Sunday, June 08, 2003 2:09 PM
Subject: [CTRL] The US Senate, Defined by Art.I Sec.3, No Longer Exists

-Caveat Lector- http://www.friendsofliberty.com/modules.php?name=News&file=article&sid=1040



The U.S. Senate, defined by Art. I Sec. 3, no longer exists

Don Cline ([EMAIL PROTECTED])

June 8, 2003It has been a very long time since I have discussed this issue, but it came up recently in a debate on another list and I thought it about time people were made aware of it again.

One of the biggest hindrances of our movement to restore constitutional government and the nation of liberty our founding fathers bequeathed to us has been the well-meaning people out there -- patriots, if you will, every one of them -- who, being honest and having a modicum of integrity, can't understand how our nation could possibly have become as -- well, feudal is a word that comes to mind. Being honest, they can't conceive of how evil works. They naturally assume that either someone secretly did it to us "legally", or we waived our rights inadvertently, by accepting this or that privilege or license or whatever from government. Examples often given are drivers' licenses, social security numbers, our willing use of fiat currency, our willingness to sign our financial privacy over to a bank or other third party institution. Sometimes the claim is advanced that Congress did it to us by passing some law 'way back when placing us under War Powers, or capitalizing this word or making that word lower case -- eventually I expect to hear someone claim the so-called "Shadow Government" held a Black Witch and Warlock Convention in a secret room under some sacred mountain somewhere and drew a pentagram on the floor and called forth various demons to give them powers over us...

As a general rule of logic, the simplest answer is usually the correct answer. The simplest answer, and I believe the most correct answer, is that they didn't do it to us legally because they don't have any subject matter jurisdiction or authority to do it to us legally regardless of their mumbo-jumbo, and we aren't going to correct the situation by finding a legal argument that acts like a magic bullet and sets everything right again. But there is a situation, a flatly illegal situation, that the government pulled on us some ninety years ago, that -- again, illegally -- converted us from a Constitutional Republic in which the people were sovereign over the States and the States were sovereign over the U.S. Government, and in which the purpose of law was to protect the rights of the people and the States, to a federal republic not significantly different than any other nation on the planet and in which the purpose of law has been subverted to empower government over the people instead of protecting the people from government.

The United States Constitution was an agreement, a compact if you will, a declaration of the authority of the people, through their delegates comprising the State governments, to create a limited national government for the nation as a whole. You have doubtless heard of the "tripartite" nature of government authority, i.e., the Executive, Legislative, and Judicial branches, and the value of the checks and balances this system employs (or is supposed to employ). You may not have heard that the Constitution itself is "tripartite" in that the parties to it are the People, the States, and the U.S. Government. The People are to have representation in the House of Representatives (Art. I Sec. 2); the States -- as separate political entities from the people and usually with separate political interests -- are to have representation in the Senate (Art. I Sec. 3), and the House and the Senate are the component parts of the Congress (Art. I Sec. 1), which has the exclusive authority to legislate U.S. law.

The U.S. Senate, defined by Art. I Sec. 3, no longer exists. By definition, then, Congress, defined by Art. I Sec. 1, no longer exists. Accordingly, then, no legislative authority is delegated to the United States Government by the Constitution of the United States.

Why? Because the 17th Amendment, purporting to authorize the choosing of U.S. Senators by the people of the States rather than by the States, was never ratified. Ratification of any amendment depriving the States of their suffrage in the Senate is expressly prohibited by Art. 5 unless every State consents. Utah and Delaware withheld their consent by voting to reject the proposed 17th Amendment; eight other States withheld their consent by taking no action at all on the proposed 17th Amendment. Therefore the 17th Amendment was not ratified, and we haven't lawfully sent a U.S. Senator to Congress since.

No Senate means no Congress. No Congress means no legislation at the federal level. No Senate means no ratification of treaties, no ratification of judges, no ratification of cabinet level appointments. No ratification of judges means no legitimate federal court rulings and no members of the Executive Branch have been sworn in.

A so-called "U.S. Government" that does not derive its lawful authority and its lawful due process from the Constitution of the United States is by definition an Occupation Government, and no one is bound by law to obey it. If we are bound to obey it at all, it is not by law: It is only by the authority that emanates from the muzzles of government guns. Yes, ladies and gentlemen, we have endured a despotic, totalitarian occupation government for about ninety years now, and we will never overthrow it in any court.

But there is a bright side: All it takes to correct this situation is for one State to tell the federal government to go stuff their funds and their unfunded mandates where the sun don't shine, and choose its Senators as required by the U.S. Constitution -- choose them by the State, not by the people. If those properly chosen U.S. Senators are prohibited by the federal government from taking their seats in the U.S. Senate, then that State has been excluded from the Union of the several States comprising the United States of America.

In other words, that State wouldn't even have to secede.









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www.ctrl.org DECLARATION & DISCLAIMER ========== CTRL is a discussion & informational exchange list. Proselytizing propagandic screeds are unwelcomed. Substance—not soap-boxing—please! These are sordid matters and 'conspiracy theory'—with its many half-truths, mis- directions and outright frauds—is used politically by different groups with major and minor effects spread throughout the spectrum of time and thought. That being said, CTRLgives no endorsement to the validity of posts, and always suggests to readers; be wary of what you read. CTRL gives no credence to Holocaust denial and nazi's need not apply.

Let us please be civil and as always, Caveat Lector. ======================================================================== Archives Available at:

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