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03/15/10
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July 15,
2005 The claim that the stars and stripes is the people's flag is based on the erroneous belief that the Constitution consolidated the American people into one nation and the government of the United States is the people's government. In reality, the Constitution simply continued the Union that had been established between the several States when they adopted the Articles of Confederation and the government of the United States is the States' government. Thus, the flag of the United States, from a constitutional standpoint, merely symbolizes the limited Union that was established between the several States when they adopted the Constitution. In order to understand the assertion that the stars and stripes is the States' flag, it is necessary to establish the meaning of the phrase "United States" as it appears in the Constitution. The easiest way to do this is reverse it---States united. This term, as used in the Constitution does not refer to the federal government, a single nation, or a geographical area. It refers to the individual States in their united capacity. Thus, the government of the United States is the government of the States united and the stars and stripes is the flag of the States united. If the States had been consolidated into one nation, as many believe, then each State would be constitutionally recognized as "part of the United States." Instead, as each new State entered into the Union of States it became "one of the United States." The 1850 admission document for the State of California makes this point crystal clear. It states that California "shall be one, and is hereby declared to be one, of the United States of America." "Be it Enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the State of California shall be one, and is hereby declared to be one, of the United States of America, and admitted into the Union on an equal footing with the original States in all respects whatever." If California is "one of the United States," then each of the other 49 States are one of the United States. Thus, a flag that represents the 50 United States has to be their flag. There is a simple way to prove this. The flag has a star for each State presently in the Union and a stripe for each of the original 13 States. Every symbol on the flag represents States. If the flag was the symbol of the American people, as comprising one nation, then it would be a fixed symbol. Instead, it has changed every time a new State entered the Union because the number of United States changed. If a State like California was divided into 2 States, the flag would have to change because the number of States in the Union changed even though the landmass of the Republic remained exactly the same. As the population of the United States increases, the flag remains constant. However, when the number of United States increases, the flag changes. So whose flag is it? There is another way to prove this point. The enacting clause of every law passed by Congress since the Articles of Confederation is in these words: "Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled." In his book, "A Constitutional View of the Late War Between the States; its Causes, Character, Conduct and Results," which was published in 1868, Alexander Stephens explained why this provision appears in every piece of legislation, including constitutional amendments, proposed and enacted by Congress: "The very first Article in the Constitution declares that all Legislative powers under it are vested in 'a Congress of the United States." The term "'Congress of the United States" was familiar to all at that day. It was well known to mean 'The United States in Congress assembled. Congress means a meeting or an assemblage. A Congress of States means a Meeting or Assemblage of States. The title of Congress, under the Articles of Confederation had been the United States of America in Congress assembled. The same title is still retained, "Every law that has been passed, from the beginning, under this Constitution, as under the Articles of Confederation, derives its sole authority, as its face shows, from the States in Congress Assembled!" If Congress was a meeting or assembly of the people, as comprising one nation, then the words "United States," referring to the several States in their united capacity, would be an erroneous term to cite as the authority for congressional legislation and constitutional amendments. All legislation would derive its authority directly from and in the name of the people. Patriotism and ignorance are a dangerous combination because it always results in more power for government. Constitutionally challenged groups like the Citizens Flag Alliance are misleading the American people concerning the nature of the flag under the banner of patriotism. The proposed flag desecration amendment will not protect the "people's flag," as they claim, because no such flag exists. The stars and stripes is the States' flag and is the symbol of the limited Union that was established between the several States when they adopted the Constitution. If the proposed flag amendment is passed by Congress and ratified by the States, then constitutional ignorance will result in less freedom for the American people and more power for government. In the infamous words of Brian Wilson, my favorite radio talk show host---"we are truly doomed and it's no longer a joke." Note: See also "Constitutional Hypocrisy and the Flag Desecration Amendment" and The Constitution and YOU Part 1.
If you are interested in finding out more about the Constitution, take a look at this book. I use it in many of my articles and it is the best book I've found on this subject. Bob Reprint of the 1868 edition. ''Perhaps the ablest analysis of the nature and character of the federal government that has ever been published. It has remained unanswered.'' This review of Judge Story's Commentaries on the Constitution of the United States is perhaps the ablest analysis of the nature and character of the Federal Government that has ever been published. It has remained unanswered. Indeed, we are not aware that any attempt has been made to challenge the soundness of its reasoning. The great vise of Judge Story and the Federalists consisted in desiring the clothe the federal government with almost monarchical power, whereas the States had carefully and resolutely reserved the great mass of political power for themselves. The powers which they delegated to the federal government were few, and were general in their character. Those which they reserved embraced their original and inalienable sovereignty, which no state imagined it was surrendering when it adopted the consitution. Mr Madison dwelt with great force upon the fact that ''a delegated is not a surrendered power.'' The states surrendered no powers to the federal government -- they only delegated them. 160 pages. |
The ·2004 Declaration of Independence The Constitution and YOU Part 1 Blame Congress for the War in Iraq We The People OR We The States? Is Social Security Constitutional or just Another Usurpation of Power? Major League Baseball should Tell Congress to go to Hell Would the Montana Firearms Freedom Act Stop Federal Usurpation of Power under the Commerce Clause? The States Still have the Power to Control their Federal Government It is the Duty of the States to Protect Your Rights Constitutional Hypocrisy and the Flag Desecration Amendment Complete Archives for Robert Greenslade
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