by Mike Crane
Rights are like a cookie, no matter how big the cookie and how small
the bites, eventually you run out of cookie"
In Part 1 of this series a concept was presented that
runs a bit contrary to current public conception � that the term States� Rights
can be used more for partisan benefit than a true
effort to protect the God-Given Rights of the people. Part 2 demonstrated that as early as 1801 incursions attacking American Liberty
and States Rights had already started and have continued to this day. Part 3 gave details on an obvious expansion of central government powers (authority) by legislative action.
Based on the
Columbia Electronic Encyclopedia� Copyright � 2007)
of federated government
� The distribution of powers between the federal and state
governments is usually accomplished by means of a written
constitution, for a federation does not exist if authority can be
allocated by ordinary legislation. �"
should be obvious that despite all of the rhetoric we do
have a federated form of government at this point in time. The
example in Part 3 was from the 1940�s and in the intervening years
the expansion of central government powers has continued.
current cries for States� Rights, nullification and emphasis on
using the 10th Amendment, has two major problems:
hasn�t worked for over 200 years, the 10th Amendment is
not new � it was ratified in 1791;
many cases it is just political rhetoric and when elected these
politicians simply trample your God-Given Rights in a different
manner, but trample them just the same!
Perhaps it is time to take a look at some of the reasons we have
lost a federated form of government whose primary purpose is to
protect your God-Given Rights!
do not understand what the cause of a problem is, it is unlikely
that you will be able to fix it. Continuing what has failed for 200
years also is unlikely to fix the problem.
remaining parts of this series will focus on specific causes, except
for the last two; a conclusion and a summary. Many will not agree,
few will dispute the facts.
Cause # 1: Americans are not united in wanting a federated
back to the colonial period, not all Americans have desired a
federated form of government with true checks and balances and a
primary purpose of guaranteeing your God-Given Rights. American
Liberty has to accommodate multiple views if we truly believe in
government by the consent of the governed.
Colonies approached the possibility of War with the English Crown a sizeable number, if not a majority preferred compromising with the
English Crown. At the first Continental Congress in 1774 the first
plan of action was to request that the English Parliament establish
a subordinate Colonial Parliament that could legislate on matters
delegated by the English Parliament, subject to oversight.
plan was defeated by one vote, with the colonies each having one
vote. So in 1774 there was far less unity in the pursuit of
Independence than many realize. Patrick Henry of Virginia was
instrumental in his arguments against compromise and taking bolder
steps which led to our War of Independence.
Immediately after forming the committee to write the Declaration of
Independence, the Continental Congress began the process of forming
a government to replace the English government. Some wanted to form
a Monarchy, some wanted a federated form of government and others
wanted a national government (such as Alexander Hamilton pictured
above). On November 15, 1777, the Second Continental Congress
submitted the Articles of Confederation to the Colonies for
Articles were not ratified until March 1, 1781. The debate and
acceptance of the Articles of Confederation was quite contentious,
but resulted in a confederation of independent and sovereign States,
which was a federated form of government. But it was far from a
Throughout the history of our country there have been few issues
that have come close to having the support of a super majority (2/3)
and most major issues have been decided with much less support than
a super majority.
our country remains deeply divided, perhaps more so than for many
on this subject later and why this one simple fact makes most
potential solutions impossible.
Cause # 2: Misconceptions about original Constitution of 1787 (prior
to Bill of Rights)
upon my experience, most proponents of a federated form of
government believe that such was the intent of the Framers of the
Constitution of 1787. The words "Founding Fathers" sometimes is used
to reference the 55 Delegates to the Constitutional Convention of
1787, even though only eight were signers of The Declaration of
� for most of my adult life - had such beliefs �
to my dismay and surprise I found that I had been wrong all of those
years and those who currently have such a belief are wrong also.
were two plans in front of the delegates. One was a federated form
of government plan based upon proposing amendments to the Articles
of Confederation to correct the mutually agreed problems. The other
plan was for a completely new form of government � a plan for a
June 19, 1787,
the delegates were completing the debate about which "plan" would be
used as the model and working document for their report.
plan was a federated form of government with shared sovereignty with
the States; the other plan was for a national government.
vote on June 19, 1787, was 7-3-1 in favor of the national government plan!!!
June 19, the delegates to the Constitutional Convention of 1787
voted to take the road toward a central government that would be
supreme over the States and set the foundation for what now exists
in our land.
if not most - will disagree with Cause # 2 listed above and the
you do not understand the Constitutional Convention of 1787, you
have little or no chance of ever working to implement a solution to
the problems that we face today. Part 5 of this article series will
continue with detailed information about the Constitutional
Convention of 1787 that your countrymen did not know during the
ratification process of 1787-88. The Notes on The Constitutional
Convention were held in secret, sealed and unpublished until
well after the ratification process had concluded �