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Dual Sovereignty

By Vern Cox

The Founders of our nations were gravely concerned about that the power of government should not become concentrated in one or a few persons or one in branch of government. They were also acutely aware, because of the weaknesses of the Articles of Confederation, that certain powers must be given to a national government. In their wisdom, they devised a plan of government that was new and unique to our nation. That form of government is called "dual sovereignty."

Under dual sovereignty the Founders created a federal government (a league of states formed into a national government) with a vertical separation of powers into state and national governments as well as horizontal separation of powers, i.e., the legislative, executive and judicial branches of government. They assigned powers to each area of government with this proviso: the people are the foundation of all governmental power. The people delegate those rights or powers that they possessed, and only powers which they naturally possessed, to the appropriate division of government.

Issues that can be handled in civil society are not the realm of government; local issues are allocated to local government; state issues to state government; and only those limited issues that can best be handled by the union of states were assigned to the national government.

The issues that the Founders thought were best managed by a national government are assigned in Article 1 Section 8 of the Constitution of the United States providing for the common defense, promoting the general welfare, regulating commerce between states, establishing common exchange practices and providing a court system. Additionally, the Constitution states that the national government may not infringe on the dual sovereignty of the states:

"The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the People” – Amendment 10 in the Bill of Right, United States Constitution

When a State stands up and demands that it has powers that should not be infringed upon by the national government that State is not claiming to be superior to the United States. That State is restoring the balance of dual sovereignty and taking its proper place in the plan that was established by our Founders to inhibit the usurpation of power by any part of the government. That plan, the Constitution of the United States, created the greatest nation this world has ever known. If we are to preserve this nation we must adhere to the inspired plan upon which it was founded.

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Saturday, 24 February 2018

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