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The America's Remedy BLOG

18

September

More on Our Constitutional Foundation

Jill Ainsworth

The Federalist Papers are considered to have legal authority as to the Original Intent of the constitution and were published for the purpose of clarifying the intentions of the new proposed Constitution. They make clear that the newly proposed Federal Government is a government where the people of the several States are invested with all political power of making laws and/or altering and abolishing their form of Government. It makes clear that Congress has no authority to substitute the personal will of the members of Congress with the will of the people of the several States which they represent. Adhering to the Constitution was the intent of the founding fathers. It is clear that they would not consider a legislative act that was contrary to the Constitution as valid.

 

Alexander Hamilton, one of our founders, tells us in The Federalist Papers, #78: ….No legislative act, therefore, contrary to the Constitution, can be valid. To deny this, would be to affirm, that the deputy is greater than his principal; that the servant is above his master; that the representatives of the people are superior to the people themselves; that men acting by virtue of powers, may do not only what their powers do not authorize, but what they forbid.”

Can anyone think of times in our current or past history where this is/has happened?

We see clearly here that any and all legislation that is contrary to the constitution is forbidden and void. What does void mean?  From Merriam-Webster Dictionary: of no legal force or effect. So what is this telling us? If the representatives of the people become higher than the people and substitute their own wills instead of the will of the people then they have in fact and in law violated the constitution and their acts are void.

Reina Arledge

September 18, 2012
12:14 pm
Great article!!
 




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