Act to Enforce the Divided Sovereignty of the Constitution of the United States:
- Whereas, the Constitution of the United States of America is an enumerated powers document, powers not enumerated are not granted; and,
- Whereas, the Preamble of that Constitution, the Federal Mission Statement, clearly Divided Sovereignty:
- Unlimited Federal taxing and borrowing for the limited sovereignty to “provide” for the defense of Liberty (issues of war and peace).
- Restricted from taxing and borrowing to "provide" welfare, strictly limited Federal actions to only “promote the general welfare”; and,
- Whereas, Amendments 9 and 10 of the Bill of Rights restates the Preamble’s Divided Sovereignty; and,
- Whereas, the Constitution was ratified with a clear understanding of Divided Sovereignty, as stated in:
- Federalist #45: "The powers delegated by the proposed Constitution to the federal government are few and defined. Those which are to remain in the State governments are numerous and indefinite. The former will be exercised principally on external objects, as war, peace, negotiation, and foreign commerce; with which last the power of taxation will, for the most part, be connected. The powers reserved to the several States will extend to all the objects which, in the ordinary course of affairs, concern the lives, liberties, and properties of the people, and the internal order, improvement, and prosperity of the State."
- Federalist #46: “The federal and State governments are, in fact, but different agents and trustees of the people, constituted with different powers, and designed for different purposes.”
- Federalist #51: “Ambition must be made to counteract ambition.”
- Federalist #28: “Power being almost always the rival of power, the general government will at all times stand ready to check the usurpations of the state governments, and these will have the same disposition towards the general government. The people, by throwing themselves into either scale, will infallibly make it preponderate. If their rights are invaded by either, they can make use of the other as the instrument of redress. How wise will it be in them by cherishing the union to preserve to themselves an advantage which can never be too highly prized!” [The people have found it necessary to use these two types of governments to wage war on the other in the Revolutionary and Civil Wars.]
- Federalist #10: A pure democracy can admit no cure for the mischiefs of faction. A common passion or interest will be felt by a majority, and there is nothing to check the inducements to sacrifice the weaker party. Hence it is, that democracies have ever been found incompatible with personal security or the rights of property; and have, in general, been as short in their lives as they have been violent in their deaths.”
“If a faction consists of less than a majority, relief is supplied by the republican principle, which enables the majority to defeat its sinister views by regular vote. It may clog the administration, it may convulse the society; but it will be unable to execute and mask its violence under the forms of the Constitution. When a majority is included in a faction, the form of popular government, on the other hand, enables it to sacrifice to its ruling passion or interest of both the public good and the rights of other citizens. To secure the public good and private rights against the danger of such a faction, and at the same time to preserve the spirit and the form of popular government, is then the great object to which our inquiries are directed. Let me add that it is the great desideratum by which this form of government can be rescued from the opprobrium under which it has so long labored, and be recommended to the esteem and adoption of mankind.
It is in vain to say that enlightened statesmen will be able to adjust these clashing interests, and render them all subservient to the public good. Enlightened statesmen will not always be at the helm.
Hence, it clearly appears, that the same advantage which a republic has over a democracy in controlling the effects of faction, is enjoyed by a large over a small republic – is enjoyed by the Union over the States composing it. Does the advantage consist in the substitution of representatives whose enlightened views and virtuous sentiments render them superior to local prejudices and schemes of injustice? It will not be denied that the representation of the Union will be most likely to possess these requisite endowments. Does it consist in the greater security afforded by a greater variety of parties, against the event of any one party being able to outnumber and oppress the rest? To an equal degree, does the increased variety of parties comprised within the Union, increase this security? Does it, in fine, consist in the greater obstacles opposed to the concert and accomplishment of the secret wishes of an unjust and interested majority? Here, again, the extent of the Union gives it the most palpable advantage.
The influence of factious leaders may kindle a flame within their particular States, but will be unable to spread a general conflagration through the other States. A religious sect may degenerate into a political faction in a part of the Confederacy; but the variety of sects dispersed over the entire face of it must secure the national councils against any danger from that source. A rage for paper money, for an abolition of debts, for an equal division of property, or for any other improper or wicked project, will be less apt to pervade the whole body of the Union than a particular member of it; in the same proportion as such a malady is more likely to taint a particular county or district than an entire State.
In the extent and proper structure of the Union, therefore, we behold a republican remedy for the diseases most incident to republican government. And according to the degree of pleasure and pride we feel in being republicans, ought to be our zeal in cherishing the spirit and supporting the character of Federalists.
- Federalist #9: “Should a popular insurrection happen in one of the confederate states the others are able to quell it. Should abuses creep into one part, they are reformed by those that remain sound. The state may be destroyed on one side, and not on the other; the confederacy may be dissolved, and the confederates preserve their sovereignty. As this government is composed of small republics, it enjoys the internal happiness of each; and with respect to its external situation, it is possessed, by means of the association, of all the advantages of large monarchies.''
"The proposed Constitution, so far from implying an abolition of the State governments, makes them constituent parts of the national sovereignty, by allowing them a direct representation in the Senate, and leaves in their possession certain exclusive and very important portions of sovereign power."
- Whereas, the “post Roads” and “No Preference” clauses forbid Federal taxing and borrowing against the taxpayers and Posterity of one state to benefit another state:
- “No Preference shall be given by any Regulation of Commerce or Revenue to the Ports of one State over those of another”; and,
- Whereas, Presidents issued 21 votes enforcing the “post Roads” and “No Preference” clauses; and,
- Whereas, the Report of 1800 underscores in importance of states enforcing the US Constitution against Federal violations of it (violation of free speech by The Alien and Sedition Acts); and,
- Whereas, the COVID-19 Economic Relief Bill was passed by Congress on narrow and Party-Line vote and has been identified as the “Blue State Bailout,” benefiting the governments of Blue states at the expense of taxpayers in Red states; and,
- Whereas, debt is the tax on future labor, debt beyond 19-years repayment is a tax on the labor of children imposed without their consent (Taxation without Representation), and current Federal borrowing against the future labor of every child is about $84,936 (March 15, 2021):
Therefore, be it resolved;
- The State of Oklahoma has a duty to and will defend the Constitution of the United States of America; and,
- The State of Oklahoma will defend the Constitution of the United States by five mechanisms:
- Jury nullification: Conflicts with Federal agencies enforcing unconstitutional Federal laws against the citizens and agencies of the State of Oklahoma shall be legally and financially supported by the State in trials by jury and the appellate courts.
- Enforce the Constitution’s Divided Sovereignty: In an orderly fashion over the next 3 years, the State of Oklahoma shall enforce the US Constitution by shifting the collection of welfare taxes on the people of Oklahoma. Instead of direct Federal taxing the wages of the people of Oklahoma for welfare, welfare taxes will be collected by the State. The State shall then fund the Federal government welfare programs and hold those Federal programs accountable for their efficacy.
- Collaborate with other States: Issue a Circular Letter to other state governments asking their corporation in defending the Constitution’s Divided Sovereignty.
- Restore State Representation in the Senate: Work to repeal the 17th Amendment to restore representation by the State governments in Congress and reduce the influence of special interests.
- Congressional Coordination: Coordinate with Oklahoma’s Congressional Delegation to enact Federal laws to also defend the Constitution’s Divided Sovereignty.
“Ambition must be made to counteract ambition.” State collection of welfare taxes and Federal collection of defense taxes enforces the US Constitution to make taxes more understandable and accountable to the people.