State Powers under Article X of the Bill of Right s to U.S.

Const it ut ion
Current State Resolutions (Year 2009)
Alabama HJR 2 9 8
Alaska HR9
Arizona HCR 2 0 2 4
Arkansas HCR 1 0 1 1
Georgia HR 2 8 0
Indiana S C 3 7
Ioa SCR1
Ida!o HJ " 4
Illinois S R 1 8 1
#ansas SCR 1 $ 0 9
#en%&'k( HCR 1 $ 8
)o&isiana SCR2
"assa'!&se%%s *+A
"i'!igan HCR4
"inneso%a H, 9 9 7
"ississi--i SCR $ 3 0
"isso&ri HCR 1 3
"on%ana H + 2 4 $
.e/ada A JR 1 0
.e Ham-s!ire HCR$
.e "e1i'o HJR 2 7
.or%! Carolina H 8 4 9
.or%! 2ako%a HCR 3 0 $ 3
3!io HCR 1 1
3kla!oma HJR 1 00 3
3regon HJ " 1 7
4enns(l/ania HR 9 0
So&%! Carolina H 3 0 0 9
So&%! 2ako%a HCR 1 0 1 3
*ennessee HJR 1 0 8
*e1as HCR 0 0
5irginia HR $ 1
6as!ing%on HJ " 4 0 0 9
6es% 5irginia HCR 4 9
6is'onsin AJR0 1
Note: Some of the Links may be out of date.
The common theme flowing through all of the above Resolutions of the States is the belief that
their State operates under the T en th A rt ic le of the B il l of R igh ts to the U .S. ons tit u ti o n . All the
sponsoring !egislative "embers of those Resolutions are in error. #e need to ma$e a %uic$ review
of the history of the Un it ed S ta tes of America to discover the error.
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"any believe that the U n it ed S ta tes of America was created by the original thirteen )'*+ States
when they ratified the Un it ed S ta tes ons ti tu ti on, but such belief is not correct. The Un it ed S ta tes
of America was created by the original thirteen )'*+ States when they came together and agreed to
certain Articles of the A rt ic les of onf e dera ti o n on -uly .
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#hen those
thirteen )'*+ States came together, they were whole in their sovereignty 0
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in that they owned all
the land within the borders of their States, and with the Allodial fee simple ownership of the land
comes the sovereign powers of the States.
#hen these thirteen States brought into e2istence the U n it ed S ta t es of America, they agreed to
surrender some of their sovereign powers to this newly formed body politic. 0
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The sovereign powers
e2ercised by the U n it ed S ta t es of America )and all the additional States that were added to
the Union+ were all derived from the original thirteen )'*+ States.
3t wasn4t long before the Articles of the Articles of onfederation were found to be flawed and
needed to be reviewed. A special ommittee was formed to review the Articles and this special
ommittee was later to be identified as the onstitutional onvention of September '/
th
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a onvention which adopted a onstitution for the United States of America5
#hereas the &eople of the united States, in order to form a more perfect union, establish 6ustice,
insure domestic tran%uility, provide for the common defense, promote the general welfare , and
secure the blessing of liberty to ourselves and our posterity, do ordain and establish this
onstitution for the United States of America.
&reamble to onstitution for the United States of America

Again, it was the &eople in onvention of the original thirteen )'*+ States that ratified the
new onstitution for the Un it ed S ta tes of America. 3t should be noted that the above &reamble
to the onstitution for the United States of America did not declare that the Articles of
the Articles of onfederation were repealed. #ith the words5 in order to form a more perfect union
of the &reamble, we see that it is a statement by the &eople that the Articles of
the Articles of onfederation that were not amended by the onstitution are still in effect today. 0
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0 See Article 3 of the Articles of onfederation.
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0 See Article 33 of the Articles of onfederation.
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0 See Article 33 of the Articles of onfederation.
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0 8eep in mind that the United States of America was created under the authority of the Articles of onfederation. 3f the
onstitution for the United States of America repealed the very document that created the United States of America then
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Unli$e the original thirteen )'*+ States whose e2istence did not depend upon any outside authority,
the additional States that were brought into the Union were created under the onstitutional
authority of the ongress of the United States to regulate and dispose of the lands of
the United States 0
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or the authority of the ongress of the United States to create a new State from a
division of one or more of the original thirteen )'*+ States of the Union with the consent of
the !egislatures of those States. 0
:
A!! T;< STAT<S => T;< U?3=?, =T;<R T;A? T;<
=R3@3?A! T;3RT<<? )'*+ STAT<S, #<R< R<AT<A =UT => T;< !A?A O W N E D BB
T;< U?3T<A STAT<S =R BB A A3C3S3=? => =?< =R "=R< => T;< =R3@3?A!
T;3RT<<? )'*+ STAT<S U?A<R T;< CONSENT => T;< U?3T<A STAT<S =?@R<SS. 0
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The lands ac%uired by the United States from which the new Statehood States were created all came
from the lands that were either purchased under the authority of Treaties with other ?ations or they
were obtained by on%uest )e.g. Hawaiian Islands+. All the Statehood States that were brought
into the Union under Statehood Acts had r eservations wherei n t he U. S. ongress
declared what lands were reserved to the United States and what lands came into ownership of
the State. 0
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As all Statehood Acts contained reservations of rights of ownership of lands on
there would be no United States of America for which the onstitution was written for.
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0 See U.S. onstitution, Article 3C, Section *, lause 1.
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0 See U.S. onstitution, Article 3C, Section *, lause '.
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0 The State of Cermont and the State of Te2as are e2ceptions as they were an independent Republics at the time
of Statehood.
=n -anuary '9, '///, representatives of the New Hampshire Grants declared the independence of Cermont
with Cermont governing itself as an independant ?ation for fourteen )'7+ years. Upon application of Cermont,
the ongress of the United States declared on "arch 7, '/.' that Cermont had 6oined the federal Union as a new
and entire memer o! the United States o! "meri#a and the first to enter the Union after the original
thirteen )'*+ olonies. <ven though no reservations of lands was made of Cermont by the ongress of
the United States, Cermont was re%uired to surrender its powers of issueing oinage and its &ostal Service.
Te2as won its sovereign independence with "e2ico on "arch 1, '(*:. <ven so, upon Te2as application
for Statehood on >ebruary '., '(7:, the United States ongress declared within the Te2as Statehood Act that
certain lands within the boundaries of Te2as were to be reserved to the United States for its use and disposal.
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0 The power of ongress to dispose of any $ind of property belonging to the United States 4 is $ested in Congress witho%t
limitation.4 United States v. "idwest =il o., 1*: U.S. 79., 7/7, *9 S.t. *D., *'*, 9. !.<d. :/*5 E&or it m%st e orne in
mind that Congress not onl' has a legislati$e power o$er the p%li# domain( %t it also e)er#ises the powers o! the proprietor
therein. Congress *ma' deal with s%#h lands pre#isel' as an ordinar' indi$id%al ma' deal with !arming propert'. It ma' sell or
withhold them !rom sale.4 amfield v. United States, ':/ U.S. )9'(,+ 917, '/ S.t. (:7, 71 !.<d. 1:DF !ight v. United States,
11D U.S. 91*, 9*:, *' S.t. 7(9, 99 !.<d. )9/D+ 9/7.4 United States v. ity and ounty of San >rancisco, *'D U.S. ':, 1.G*D,
:D S.t. /7., /9:, (7 !.<d. 'D9D5 4Article 7, Section *, l. 1 of the onstitution provides that 4The Congress shall ha$e +ower
to dispose o! and make all need!%l ,%les and ,eg%lations respe#ting the Territor' or other +ropert' elonging to
the United States.4 The power over the public land thus entrusted to ongress is without limitations. 4"nd it is not !or the #o%rts
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behalf of the United States, those States do not have Allodial 0
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fee simple ownership of their lands
for want of ownership of all the lands within the borders of their State. #ith these new Statehood
States being absent of Allodial fee simple land ownership, no Allodial sovereign powers may be
found emanating from those lands to the Statehood States.
Absent Allodial simple fee ownership of the lands, the only powers e2ercised by those newly
formed Statehood States are the delegated powers of the United States ongress and those
powers enumerated by the U.S. onstitution. 3n other words, it is those powers that were delegated to
the United States of America by the original thirteen )'*+ States. As the new States of the Union do not
e2ercise any powers that were not granted to them in and through the onstitution for the United States
of America by the original thirteen )'*+ States, the protections of Ar ti c le H of the Bill of Rights do not
apply to the additional States that were added to the Union, but only to the original
thirteen )'*+ States. 0
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#hen the !egislature of a Statehood State ma$es a omplaint under Ar ti c le H of
the B il l of R igh ts , in essence, that !egislature is ma$ing a statement that the ongress of
the U n i ted S ta tes of America is acting in violation of its Statehood Act and <nabling Act
Agreements. >or such violations, we don4t have to loo$ any further than the revised April 1., '..'
RS Report for ongress I ?ational <mergency &owers )-./010 GO2+ wherein the U.S. ongress
declared5
>ederal law Jnot the Constitution for the United States of AmericaK provides a variety of
powers for the &resident to use in response to crisis, e2igency, or emergency circumstances
threatening the ?ation. "oreover, they are not limited to military or war situations. Some of
these authorities, deriving from the onstitution or statutory law, are continuously available to
the &resident with little or no %ualification. =thersLLstatutory delegations from ongressLLe2ist on
a standLby basis and remain dormant until the &resident formally declares a national emergency.
These delegations, or grants of power, authoriMe the &resident to meet the problems of governing
effectively in times of crisis. Under the powers delegated ! such statutes" the President #a!
to sa' how that tr%st shall e administered. That is !or Congress to determine.E United States v. alifornia, **1 U.S. '., 1/,
:/ S.t. ':9(, '::*, .' !.<d. '((.5 4We ha$e said that the #onstit%tional power o! Congress )under Article 3C, N *, l. 1+ is
witho%t limitation. United States v. ity and ounty of San >rancisco, *'D U.S. ':, 1., *D, :D S.t. /7., /9:, /9/,
(7 !.<d. 'D9D.4
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0 "llodial is de!ined as one that is !ree. JStewart v. hicago Title 3ns. o., '9' 3ll. App. *d ((( )3ll. App. t. '.(/+K.
'D
0 Article H of the Bill of Rights states in part5 The powers not delegated to the United States O nor prohiited ' it
3Constit%tion4 to the States, are reser$ed to the States O which statement only address those reserved powers of the original
thirteen )'*+ States as no new State of the United States of America had any sovereign powers of its own to delegate to
the United States nor to bring forth unto itself in Statehood.
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sei$e propert!" organi$e and control the #eans of production" sei$e co##odities" assign
#ilitar! forces aroad" institute #artial law" sei$e and control all transportation and
co##unication" regulate the operation of pri%ate enterprise" restrict tra%el" and" in a
%ariet! of wa!s" control the li%es of United States citi$ens. >urthermore, ongress may
modify, rescind, or render dormant such delegated emergency authority. J<mphasis addedK.
The >ounding >athers never granted such authority over the States, the &eople, and their personal
Rights and &roperty by any =fficer or &resident of the government of the United States and if such
authority appeared within the onstitution for the United States of America, the original
thirteen )'*+ States would never have ratified such a onstitution. >or a reading of the unbro$en
perpetual ?ational <mergency and its implementation of "artial !aw Rule that the &eople and
the States have endured since the declared ?ational <mergency of "arch ., '.** );-R '.1+
see &A> file Article5 #ar and <mergency &owers.
#e all agree that the government of the United States JincorporatedK is out of control and something
needs to be done, but whatP 0
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Radio ;ost, "ar$ !evin has proposed that a onvention of the States
be convened under Article C of the onstitution for the United States of America to adopt
more A m end m en ts to the onstitution for the United States of America. 0
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3f our ongressional
Representatives and &ublic =fficials of the United States government shows nothing but contempt for
the onstitution and its Amendments, then the %uestion must be as$ed5 56' what stret#h o! the
imagination does one rel' %pon to elie$e that these same indi$id%als will honor an' additional
Constit%tional "mendmentsP #hat then are our remediesP
The answer may be found in the authority of the original thirteen )'*+ States that created
the Un it ed S ta tes of America. 3f those original thirteen ) '*+ States had the authority to create
the Un it ed S ta tes of America, then those original thirteen )'*+ States have also the authority to
dissolve their creation, the U n it ed S ta tes of America.
The other States of the Union should be calling upon the original thirteen )'*+ States to convene
the ommittee of States under the authority of Article H of the Articles of onfederation to review
and rule upon the validity of the A m en d m e n ts to the ons tit u ti on for the United States
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0 A sampling of wrong doings by the ongress and the &resident of the United States of America may be viewed
on Cideos produced by Brother ?athaneal 8ipner
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0 There are more than the re%uired number of States on file with the United States ongress to warrant the convening of
a onstitutional onvention. But as in the past, the "embers of the U.S. ongress shows nothing but contempt for
the U.S. onstitution as they have refused to convene such a onvention. See &A> file of the !isting of States calling for
a onstitutional onvention.
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of America. 0
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As creators of the Un it ed S ta tes of America, these thirteen )'*+ original States
should also investigate and rule upon the constitutionality of the actions of the &resident of
the United States and the rulings of the United States Supreme ourt to determine if those actions
and rulings are made within the intent of the framers of the onstitution for the United States
of America as recorded in the onstitutional onvention Record of the September '/, '/(/.
The powers of the original thirteen )'*+ States to oversee the =fficers
and ongressional Representatives of the U n it ed S ta tes of America are unlimited and if
the =fficers and the ongressional Representatives of the United States government are found
to have abandoned or misrepresent the ons tit u ti on for the United States of America, then the original
thirteen )'*+ States sitting as a ommittee of States needs to ta$e appropriate action, even to the
e2treme of dissolving the e2istence of the U n it ed S ta t es of America.
The Articles of onfederation of -uly .
th
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The ommittee of the States, or any nine of them shall be authoriMed to e2ecute, in the recess
of ongress, such of the powers of ongress as the United States in ongress assembled, by the
consent of nine states, shall from time to time thin$ e2pedient to vest them withF provided
that no power be delegated to the said committee, for the e2ercise of which,
by the Articles of onfederation, the voice of nine states in the ongress of the United States
assembled is re%uisite.
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0 Through numerous rulings of the ourts and the ongress of the United States of America, the %uestion of ratification
of Amendments to the onstitution for the United States of America is a &olitical Question to all three )*+ branches of
the government of the United States of America.
The &o%rteenth "mendment was ne$er rati!ied. S%#h relie! in$ol$es the e$al%ation o! a politi#al 7%estion whi#h
#annot e addressed ' the #o%rts. United States $. Stahl( 8-9 &.:d .;01( .;;</;. =-
th
Cir. .-1>?( #ert. denied(
;8- U.S. .<0> =.-18?@ see also United States $. &oster( 81- &.:d ;98( ;>:/>0 =8
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Cir. .-1>?( #ert. denied(
;8- U.S. 110 =.-1>?@ Aantor $. Wellesle' Galleries( Ltd.( 8<; &.:d .<11( .<-< =-
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Cir. .-10?.
J0s0 U.S. ourt of Appeals .
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ircuit, -udges ;ug, and &ooleK.
See also5 ,espondent JArchivist of the United StatesK s%mits that the petitioner*s #omplaint m%st e dismissed
e#a%seB =.? the ar#hi$ist is not a%thoriCed to in$estigate the $alidit' o! the states* rati!i#ation o! amendments to
the United States Constit%tion@ =:? petitioner seeks to #ompel relie! o%tside the s#ope o! mandam%s@ =0? de#larator'
D%dgment on whi#h o!!i#er or department has a%thorit' to in$estigate the rati!i#ation o! the &o%rteenth "mendment is
a non/D%sti#iale politi#al 7%estion@ and =;? the United States has not wai$ed so$ereign imm%nit'. &or the reasons
and %pon a%thorities set !orth in respondentEs motion( respondent*s motion to dismiss is granted.
J0s0 U.S. Aistrict ourt -udge, ;. Russell ;ollandK.
See also the numerous Resolutions that were submitted to the United States ongress by several States of
the United States of America re%uesting that the U.S. ongress conduct ;earings on the ratification of
onstitutional Amendments. All the Resolutions submitted were =rdered to be laid upon the table without
comment or further action to be ta$en. See e2ample !etter of U.S. Senator, =rrin @. ;atch of the State of Utah.
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Upon the purported April (
th
, '.'* ratification of Amendment Seventeen to the onstitution for
the United States of AmericaF the States in ongress have been in sine die recess. The present day
ongress no longer represents the States of the Union for the !egislatures of those States are being
denied their e%ual suffrage in the Senate of the United States ongress without their consent.
The members of the present day ongress of the United States represents only &olitical orporations,
namely the Republican and the Aemocrat &olitical &arties JIn#orporatedK. They do not represent
the !egislatures of the States of the Union nor do they represent the nonLmembers of those
&olitical &arties.
>or the Seventeenth Amendment to be valid under Article C of the onstitution for the United States
of America, every Senator of the ongress of the United States of America must have given
their vote of acceptance for the Resolution proposing the Amendment Jwhi#h did not o##%rK and
the !egislatures of the States of the Union must have given their unanimous vote of ratification of
the Seventeenth Amendment Jwhi#h also did not o##%rK. 3n fact, several Senators e2pressly re6ected
the Resolution and several !egislatures of the States e2pressly re6ected the ratification of
the Seventeenth Amendment. As the !egislatures of the States of the Union have not been allowed to
e2ercise their e%ual suffrage in the ongress of the United States of America, the ongress of
the States of the United States of America has been in a sine die recess since April (
th
, '.'*.
The declared sine die recess of the States in ongress of the United States of America is the
authority for the original thirteen )'*+ States to convene the ommittee of States.
>or a further discussion on the Seventeenth Amendment to the onstitution for the United States
of America, download &A> >ile5 Se$enteenth "mendment F The Law That Ne$er E)isted
The original thirteen )'*+ States are5
New &a#pshire North Carolina New 'or( Penns!l%ania
)ar!land South Carolina *eorgia )assachusetts Ba!
Connecticut New +erse! ,elaware -irginia
Rhode./sland and
Pro%idence Plantations
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>or the full te2t of the Articles of onfederation, download the Bale !aw School &A> >ile5
"rti#les o! Con!ederation.
As the information in this Aocument is new and very important, be sure to forward this Aocument
to the "embers of the !egislatures of all the States in the Union, especially to the original
thirteen )'*+ States that brought the United States of America into e2istence.
@ordon #arren <pperly
c0o &.=. Bo2 *7*9(
-uneau, Alas$a J..(D*K
Tel5 ).D/+ /(.L9:9.
eLmail5 enter:.RusaLtheLrepublic.com
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