The American Revolution taught the people of the United States that unless united, the new country had little chance to survive as a nation. However, the States as colonies had enjoyed the freedom of sovereignty, and were not quite ready to give up their liberties to the potential tyranny of a centralized government. For this reason, it was decided that the United States would be a confederation, or a loose-knit union where the association of sovereign member states delegated some of their powers to a common institution in order to coordinate policies, without constituting a new national state on top of the member states.
The confederacy turned out to be too weak, as shown by Shays' Rebellion, and the merchants in Boston had to gather an army to put down the insurrection.
The States, understanding that they needed a more perfect union, sent delegates to Philadelphia in 1787 to fix the Articles of Confederation. Many were aware that in reality they needed a new government, and after much debate, a new government was formed. The contract between that new federal government, and the States that granted it its powers, is the U.S. Constitution.
The Constitution was specifically written for the purpose of creating a federal government so that it may protect and preserve the union of States. Most of the States had their own constitutions, and bills of rights. The founders were not concerned with the States acting in a tyrannical manner against the people because the people were closer to their State government, and could ensure the State governments acted responsibly easily. However, the new federal government was something to be feared. A central government could become tyrannical, and compromise the sovereignty of the States, therefore many limits had to be placed on that new government. For this reason, the Constitution grants to the federal government only a few powers. All other authorities belong to the States.
Because the U.S. Constitution is a contract granting the federal government powers that once belonged to the States, and is written in the manner it is for the specific purpose of limiting the scope and powers of the federal government, all clauses in the Constitution apply to the federal government except where noted otherwise.
Madison's notes on the Constitution, and various writings by the founding fathers have made this fact a well-known thing.
Statists like Alexander Hamilton and John Marshall were not happy with the final version of the U.S. Constitution, and they went to work immediately to find ways to subvert the Constitution, and wriggle more authorities into the hands of the federal government. These men believed in a strong central government for they believed that only a political elite could understand what is in the best interest of the people, and society as a whole.
Hamilton created "implied law" in order to defend his unconstitutional Bank of the United States, and John Marshall created "judicial review" so as to give the federal courts the ability to decide what is and isn't constitutional. Both enable the federal government to choose for itself what its own authorities are.
As time passed the Bill of Rights was also attacked, eventually succumbing to the "incorporation of the Bill of Rights" to the States. The Bill of Rights, according to historians, originally applied only to the federal government, but over time, due to court interpretations of the 14th Amendment, the Bill of Rights has come to also be applied to the States.
In short, Hamilton changed the Constitution with his idea of Implied Law, John Marshall changed the Constitution with his written opinion of the Marbury v. Madison case in 1803, and the federal courts changed the Constitution by gradually changing the Bill of Rights from being applied only to the federal government, to being applied to the States as well.
Article V. of the U.S. Constitution states that the Constitution can ONLY be changed by amendment.
The statists didn't stop there. Through the media, education, and political rhetoric, the leftists over the past two hundred plus years have conditioned Americans to believe the lies that Implied Law is legal, Judicial Review is constitutional, and that the Bill of Rights apply to both the federal government and the State governments. In fact, the conditioning has been so extensive, that even those that claim to understand and defend the Constitution have argued with me about these points.
- Is implied law authorized by the Constitution?
No.
A man came up with the concept, and then convinced a nation to believe.
- Is Judicial Review authorized by the Constitution?
No.
A judge came up with the concept, and then convinced a nation to believe.
- Are there any writings or evidence that the Founding Fathers originally intended the Bill of Rights to be applied to the States?
No.
A bunch of judges over time decided that is the way it should be, and then convinced a nation to believe.
Taking back our nation begins with understanding the instructions on how to turn this nation around. The instructions are in the U.S. Constitution.
-- Political Pistachio Conservative News and Commentary
The 14th Amendment and Incorporation
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