The Supremacy Clause
by
Richard McDonald
There are many people who have misconstrued the intent of
the Supremacy Clause of the Federal Constitution. So, I have
undertaken the chore of explaining this clause for all to
correctly understand this clause.
First: The Federal Constitution was written as a
"Limitation and Restriction" upon the federal government. It was
a delegation of power by the Sovereign States of a portion of
their sovereign power that had been previously delegated by the
People. It did not grant anything to the People (state
Citizens); it only restricted the government from infringing
upon certain sovereign powers that the People wanted to keep for
themselves.
Second: The Supremacy Clause (Article VI, Clause 2) only
applies to certain sections; it does not apply to Article I,
Section 8, Clause 17 and several other sections which are the
municipal power of Congress. The federal government was never
given internal police powers that could have operated within any
of the sovereign states. Constitutional Powers (1837) Justice
Baldwin. Congress's municipal legislative police powers do not
apply within the boundaries of the states of the union, but they
DO apply to the citizens of the District of Columbia wherever
they are "resident", in any country all over the world. It also
applies to any federal territory that is not within the
jurisdiction of one of the several states of the union of several
states. The Supremacy Clause only pertains to those sections
that have applicability to all the government of the several
states of the union.
Third: A treaty that was made NOT in pursuance to the
federal Constitution is NOT law that can be applied to the common
law states of the union, and has no legal effect upon those who
are not subject to the municipal powers of Congress. A treaty
made outside the purview of the U.S. Constitution can only apply
to those who's rights are not secured by the Constitution and are
outside the intent of the Constitution. The Constitution does
not apply to the District of Columbia or its citizens and
residents. Adair v. Children's Hospital (DC).
Fourth: The Interstate Commerce Clause is the main
authority for Congress to legislate upon its subjects because
they are in interstate commerce when they leave the District of
Columbia, Hendricks v. Maryland.
Fifth: Prior to the enactment of the Social Security Act,
and the Public Salary Tax Act, (Title 26, Internal Revenue Code),
the federal government was not allowed to enforce the municipal
laws of the District of Columbia within the states. But, these
acts made everyone "subject to the jurisdiction thereof" and a
subject of the purported 14th Amendment. Thus, they are under
the municipal powers of Congress to regulate and control in all
aspects of their lives.
Sixth: The power to create uniform Bankruptcy and
naturalization laws was given to the Federal Government, but the
Feds were NOT given any authority to naturalize anyone, Ex Parte
Knowles, 5 Cal. 300 (1855). The several states of the union were
to enforce them and make ONLY state Citizens by naturalization,
as the Federal Government was not given power to make citizens or
have its own citizens. This was the true intent of the law.
Seventh: The Supremacy Clause is be misconstrued by
everyone, to the detriment of the people. The reason that this
is so is that the government only talks about the federal
constitution this way the People never hear about their state
Constitution. The Constitution of your state is really what
protects you and secures your unalienable Rights, the federal
constitution only applies through the purported 14th Amendment
which is not law, (see Congressional Record House, 13 June 1967,
pages 15641-47). The misinformation that is given out by various
individuals, agencies, and the controlled media is intended to
mislead you. Please be aware of this intent. Do not believe me
or any one else. Do your own studying, because in this way you
can discover the truth for yourself.
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Richard McDonald