Scope of Government

Understand the limited Scope of Government. Learn the basics. Law, government, taxes and the circumstances that allow federal jurisdiction to override state sovereignty. The delegated powers of the federal government are enumerated in the Constitution.

Understand basics about the constitution, statutes, regulations and government.

Start by getting a pocket copy of the Constitution. Several organizations offer free copies. Or buy one. I have a free Constitution app on my phone.

Most States require students to study both State and Federal Constitutions as a prerequisite to High School graduation. Unfortunately, Congressmen do not need to be educated.

Here is a copy of the U.S. Constitution with my highlights, so you can follow along.

  • If your copy of the US Constitution says “Constitution of The United States” then cross out the word of and correct it.
  • Go through your copy of the Constitution and mark all eleven occurrences of the capitalized word Citizen and notice that it is always capitalized prior to the 14th Amendment. Then mark the five occurrences of the word citizen in the 14th Amendment, where it is never capitalized. The authors of the 14th Amendment did not forget how to use the English language. Notice that the phrase “equal protection” occurs only in the 14th Amendment.
  • Find the martial law amendments (13, 14, 15, 18, 19, 23, 24, 26) and highlight “Congress shall have power to enforce”. These are enforced by the federal government because they are contrary to State constitutions. They are enforced by martial law from the Civil War. They are enforced in legislative tribunals in every State’s courtroom. They call themselves “courts” which confuses most people into thinking they are judicial. Do not be fooled. “Judges in every state shall be bound thereby” according to Article 6.
  • In the 13th Amendment highlight the phrase “subject to their jurisdiction”. In the 14th Amendment highlight the phrase “and subject to the jurisdiction”. Notice that one is singular. In the 14th, underline the word “and” — we will find out later how to voluntarily become subject to the jurisdiction thereof. By consenting to be governed.
  • In Article 5, “Amendments to this Constitution”, highlight the word “to”. There is no such thing as an “amendment of” — those who swear oaths to uphold their oath of office cannot propose any change. Mutiny cannot be committed by parliamentary procedure.
  • Everybody seems to think the supremacy clause allows federal law to supersede state laws. In the supremacy clause, Article 6 second paragraph, highlight “shall be made in Pursuance thereof”. There are no amendments that change the Constitution. Read my article The Constitution Does Not Change.
  • Use a different color highlighter and in the Fifth Amendment highlight “life, liberty, or property” and “due process of law”. Then in the Fourteenth Amendment highlight the identical phrases “life, liberty, or property” and “due process of law”. The Supreme Court, in Davidson v. New Orleans, 1878, says both phrases mean different things.
  • You might also want to add notes in margins for some dates. Such as the British “surrender” at Yorktown, signing of the Peace Treaty, ratification of the Articles of Confederation, the due date of Franklin’s 18 Million Livra war debt, the signing of the Constitution, Washington’s oath of office, ratification of the Bill of Rights, and other important amendments that affect you. And dates when the US Capital moved to eight locations (or at least to NYC) before it moved to the District of Columbia — and the date of the Residence Act that authorized it to move to the District of Columbia.
  • Notice that the future District of Columbia is land cession in article 1 section 8 clause 17. ‘Cession’ is not the word ‘ceded’. Cession, in ecclesiastical law means, “… vacating a benefice without proper dispensation.” And just in case you were afraid to ask: The word “Benefice” is defined as “A term derived from the feudal law, in which it signified a permanent … estate held by feudal tenure.” More information can be found in my article A Funny Thing Happened on the Way to the Forum.
  • The Constitution is delegated authority (the root word of authority is author). Even the 10th Amendment says it is delegated. It was delegated in writing by “We The People”. They did not delegate any authority that they did not themselves have — such as authority to tax your neighbor, cancel their marriage, license their travel, restrict them from using life-saving medicine without your licensed pharmacy permission, cancel their debts (bankruptcy), require a wage authorization number to get a job, etc.
  • The things the federal government is authorized to do are listed in Article 1, section 8. These enumerated powers are the limit of the Scope of federal Government.

Download a copy of the Articles of Confederation. In effect from March 1, 1781, until George Washington’s oath of office in 1789.

  • Notice that the Constitution was ratified under the Articles of Confederation.
  • Notice that the Articles of Confederation Article XIII require unanimous ratification of any changes.
  • Notice that 3/4 of the States HAD NO AUTHORITY to speak for the others.
  • Now read my article Intent of the Founders.

Get a copy of the Declaration of Independence. Highlight some phrases in your copy.

  • “Laws of Nature”
  • “all men are created equal”,
  • “endowed by their Creator”,
  • “governments are instituted among men”
  • “Mankind are more disposed to suffer while evils are suferable”,
  • “usurpations”,
  • “absolute Tyranny”,
  • “swarms of officers to harass our people”,
  • “pretended legislation”,
  • “abolishing our most valuable Laws”,
  • “to cause others to be elected; … the State remaining in the mean time exposed to all the dangers of … convulsions within.”
  • “declaring themselves invested with power to legislate for us in all cases whatsoever”,
  • “unwarranted jurisdiction over us”.

Notice that your over-regulated life is the same as the 1776 insufferable evils mentioned in the Declaration of Independence. Do you see any difference between 1776 and today’s reasons for “instituting new Government” ?

“The canon of construction which teaches that legislation of Congress, unless a contrary intent appears, is meant to apply only within the territorial jurisdiction of the United States”

— US Supreme Court in Foley Brothers v. Filardo, 336 U.S. 281:

The term “United States” may be used in any one of several senses. [1] It may be merely the name of a sovereign occupying the position analogous to that of other sovereigns in the family of nations. [2] It may designate the territory over which the sovereignty of the United States extends, or [3] it may be the collective name of the states which are united by and under the Constitution.
– U.S. Supreme Court, Hooven & Allison Co. vs Evatt, 324 U.S. 652 (1945)

The Buck Act extends federal jurisdiction to anyone receiving federal benefits.

Read my essay on Civics. Link.

Read my essay The Constitution Does Not Change.

Read my essay IRS Taxing Authority, Just the Basics. Link.

Read my essay Gun Control in the U.S. — Just the Basics. Link.

Authority of Natural Law
GOVERNMENT A power delegated for the Happiness of Mankind Conducted by wisdom justice and mercy

“GOVERNMENT. A power delegated for the happiness of mankind, conducted by wisdom, justice and mercy.”