House
File
752
-
Introduced
HOUSE
FILE
752
BY
JACOBSEN
A
BILL
FOR
An
Act
relating
to
the
jurisdiction
of
the
state
of
Iowa
and
1
including
effective
date
provisions.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
LEGISLATIVE
FINDINGS
AND
DECLARATION.
The
1
general
assembly
finds
and
declares
all
of
the
following:
2
1.
The
creator
placed
in
the
heart
of
man
the
right
of
3
self-rule
or
individual
sovereignty.
4
2.
In
Genesis
1:26-28,
the
creator
gave
man
the
5
responsibility
and
authority
to
rule.
6
3.
The
creator
limited
man’s
rule
to
the
fish
of
the
7
sea,
the
fowl
of
the
air,
the
cattle,
over
all
the
earth,
8
everything
that
creeps;
however,
he
did
not
give
man
authority
9
to
rule
over
fellow
man
because
it
would
violate
fellow
man’s
10
individual
sovereignty.
11
4.
Man
existed
before
governments.
12
5.
Individuals
themselves,
each
in
the
individual’s
own
13
individual
sovereignty,
entered
into
a
compact
with
each
other
14
to
produce
a
government.
15
6.
This
great
nation
was
formed
on
the
basis
of
the
laws
16
of
nature
and
nature’s
God,
as
stated
in
our
Declaration
of
17
Independence.
18
7.
Our
founders
declared
our
independence
from
a
“rulers
19
rule”
form
of
government.
20
8.
Our
founders
established
a
“sovereign
peoples’
rule”
21
form
of
government.
22
9.
Governments
are
established
among
men,
receiving
their
23
actual
powers
from
the
permission
of
we
the
people.
24
10.
Sovereign
man
entered
into
a
compact
with
fellow
25
sovereign
man
out
of
agreement
of
mutual
respect
for
each
26
other’s
individual
sovereignty.
Man
therefore,
created
“State”
27
government
and
by
loaning
it
limited
sovereignty
made
it
a
28
sovereign
State.
29
11.
Sovereign
States
entered
into
a
constitutional
compact
30
with
fellow
sovereign
States
and
thereby
created
a
Constitution
31
of
these
United
States
which
was
ratified
by
we
the
people
32
through
special
ratifying
conventions
in
each
state.
The
33
states
loaned
limited
sovereignty
to
the
federal
government
34
making
it
a
limited
and
defined
sovereign
national
government.
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12.
The
federal
government
is
merely
the
creature
of
the
1
constitution
and
is
completely
subject
to
it.
2
13.
Federalist
number
39
states:
“The
proposed
government
3
cannot
be
deemed
a
‘National’
one;
since
its
jurisdiction
4
extends
to
certain
enumerated
objects
only,
and
leaves
to
the
5
several
States
a
residuary
and
‘Inviolable
Sovereignty’
over
6
all
other
objects.”
7
14.
Federalist
number
39
also
states:
“Each
State,
in
8
ratifying
the
Constitution,
is
considered
as
a
‘Sovereign’
9
body,
independent
of
all
others,
and
only
to
be
bound
by
its
10
own
‘voluntary’
act.
In
this
regard,
the
‘New’
Constitution
11
shall,
if
established,
be
a
FEDERAL,
and
NOT
a
NATIONAL
12
Constitution.”
13
15.
Federalist
number
45
states:
“The
powers
delegated
by
14
the
proposed
Constitution
to
the
federal
government
are
few
and
15
defined.
Those
which
are
to
remain
in
the
State
governments
16
are
numerous
and
indefinite.
The
former
will
be
exercised
17
principally
on
external
objects,
as
war,
peace,
negotiation,
18
and
foreign
commerce;
with
which
last
the
power
of
taxation
19
will,
for
the
most
part,
be
connected.
The
powers
reserved
to
20
the
several
States
will
extend
to
all
the
objects
which,
in
the
21
ordinary
course
of
affairs,
concern
the
lives,
liberties,
and
22
properties
of
the
people...”
23
16.
Federalist
number
14
states
that
the
federal
government
24
“is
not
to
be
charged
with
the
whole
power
of
making
and
25
administering
laws.
Its
jurisdiction
is
limited
to
certain
26
enumerated
objects...”
27
17.
Federalist
number
40
states:
“We
have
seen
that
in
the
28
new
government,
as
in
the
old,
the
general
powers
are
limited;
29
and
that
the
States,
in
all
unenumerated
cases,
are
left
in
the
30
enjoyment
of
their
sovereign
and
independent
jurisdiction.”
31
18.
These
statements
are
codified
in
the
Constitution
of
32
these
United
States
in
the
ninth
and
tenth
amendments.
33
19.
Because
the
federal
government
was
created
by
the
34
compact
between
the
sovereign
states,
the
“authority”
lies
with
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the
states
as
to
whether
the
federal
government
has
violated
1
the
constitution.
2
20.
With
regard
to
constitutional
controls
of
the
federal
3
government,
under
our
rules
of
law,
the
constitution
is
the
4
controlling
and
limiting
document
of
the
federal
government.
5
21.
The
limitations
imposed
on
the
federal
government
by
6
the
Constitution
of
these
United
States
are
unique
controls
7
and
cannot
be
summarily
and
legally
superimposed
back
on
the
8
sovereign
states
by
the
federal
government,
as
in
the
case
of
9
McDonald
v.
Chicago,
561
U.S.
742
(2010).
10
22.
Article
VI,
clause
2
of
the
Constitution
of
these
United
11
States,
the
“supremacy
clause,”
establishes
the
Constitution
12
of
these
United
States
as
the
supreme
law
of
the
land,
and
any
13
statute,
to
be
valid,
must
be
in
agreement
with
it.
14
23.
The
framers
of
the
Constitution
of
these
United
States
15
made
it
clear
that
the
supremacy
clause
was
not
an
open-ended
16
grant
of
power
to
the
federal
government,
of
which
the
Supreme
17
Court
is
a
branch,
and
until
we
the
people
by
some
solemn
18
and
authoritative
act
annul
or
change
the
established
form,
19
they
are
binding
collectively
as
well
as
individually.
No
20
presumption
or
opinions
can
warrant
any
representative
to
21
depart
from
them
without
violating
the
representative’s
oath
22
of
office.
23
24.
The
Constitution
of
these
United
States
does
not
grant
24
any
authority
to
any
unconstitutional
law,
statute,
mandate,
25
regulation,
edict,
rule,
resolution,
court
opinion,
executive
26
order,
or
other
usurpation.
In
every
and
all
cases
of
27
unconstitutional
law,
the
federal
courts
do
not
have
supremacy
28
over
State
sovereignty.
The
“supremacy”
is
established
in
the
29
authority
of
Article
VI,
clause
2
of
the
Constitution
of
these
30
United
States,
which
states
that
only
laws
made
in
pursuance
of
31
the
Constitution
are
granted
supremacy.
32
25.
It
is
impossible
for
a
law
which
violates
the
33
Constitution
of
these
United
States
to
be
valid.
“[A]
law
34
repugnant
to
the
Constitution
is
void,”
Marbury
v.
Madison,
35
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5
U.S.
137,
180
(1803);
“[w]here
rights
secured
by
the
1
Constitution
are
involved,
there
can
be
no
rulemaking
or
2
legislation
which
would
abrogate
them.”
Miranda
v.
Arizona,
3
384
U.S.
436,
491
(1966);
“[a]n
unconstitutional
act
is
not
a
4
law;
it
confers
no
rights;
it
imposes
no
duties;
it
affords
no
5
protection;
it
creates
no
office;
it
is
in
legal
contemplation
6
as
inoperative
as
though
it
has
never
been
passed.”
Norton
v.
7
Shelby
County,
118
U.S.
425,
442
(1886);
“[t]he
general
rule
is
8
that
an
unconstitutional
statute,
though
having
the
form
and
9
the
name
of
law,
is
in
reality
no
law,
but
is
wholly
void
and
10
ineffective
for
any
purpose
since
unconstitutionality
dates
11
from
the
time
of
its
enactment
and
not
merely
from
the
date
of
12
the
decision
so
branding
it”
and
“no
one
is
bound
to
obey
an
13
unconstitutional
law
and
no
courts
are
bound
to
enforce
it.”
16
14
Am.
Jur.
2D
§178
(1962).
15
26.
Federalist
number
33
states:
“If
the
federal
government
16
should
overpass
the
just
bounds
of
its
authority
and
make
a
17
tyrannical
use
of
its
powers,
the
people,
whose
creature
it
is,
18
must
appeal
to
the
standard
they
have
formed,
and
take
such
19
measures
to
redress
the
injury
done
to
the
Constitution
as
the
20
exigency
may
suggest
and
prudence
justify.”
21
27.
Federal
actions
that
are
made
and
are
subsequently
22
found
by
the
states
to
be
outside
the
constitutionally
23
mandated
limitations
imposed
on
the
federal
government
by
the
24
constitution
are
null
and
void
on
their
face,
and
the
sovereign
25
States
are
under
no
obligation
to
respond
to
or
perform
26
according
to
these
acts,
but
they
are
obligated
to
challenge
27
and
rescind
unlawful
acts
of
the
federal
government.
28
28.
Nature’s
universal
laws
govern
everyone
and
everything
29
in
our
universe.
30
29.
The
law
of
creation
dictates
that
the
creature
never
has
31
authority
over
the
creator.
32
30.
We
the
people
are
the
creators
of
the
federal
government
33
and
its
limits
as
stated
in
the
“employees’
handbook”,
the
34
Constitution
of
these
United
States.
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31.
The
basis
for
a
government
to
arise
and
to
exist
is
1
individual
sovereignty.
Therefore,
the
sovereign
citizens
2
of
every
particular
state
become
the
final
arbiters
of
the
3
constitutionality
of
federal
law.
4
32.
Those
duly
elected
state
representatives
have
taken
an
5
oath
to
support
the
Constitution
of
these
United
States
and
6
their
own
particular
State
Constitutions
and
serve
as
the
voice
7
for
the
sovereign
citizens
collectively
for
a
particular
State.
8
33.
Those
duly
elected
state
representatives
have
the
9
authority
and
responsibility
to
correct
any
abuses
of
federal
10
encroachment
through
the
process
of
state
nullification.
11
34.
At
the
Constitutional
Convention
of
1787,
the
founding
12
framers
established
America
as
a
republic,
not
a
democracy,
13
that
would
function
from
the
“rule
of
law”,
and
that
“rule
of
14
law”
would
be
established
on
the
laws
of
nature
and
nature’s
15
God.
16
35.
The
people
of
the
several
states
comprising
these
United
17
States
of
America
created
the
federal
government
to
be
their
18
agent
for
certain
enumerated
purposes,
and
nothing
more
as
19
stated
in
the
“federal
employees
handbook”,
the
Constitution
20
of
these
United
States.
21
36.
The
relationship
between
the
federal
government
and
22
state
governments
is
that
the
federal
government
is
a
creature
23
of
the
states
and
does
not
have
sovereignty
over
the
states.
24
37.
The
nature
of
a
federal
government
is
that
the
25
individual
states
retain
their
own
independent
sovereignty.
26
38.
The
ninth
and
tenth
amendments
to
the
Constitution
27
of
these
United
States
reiterate
the
authority
of
state
28
sovereignty.
29
a.
The
ninth
amendment
states
that
the
enumeration
of
30
certain
rights
in
the
Constitution
of
these
United
States
shall
31
not
be
construed
to
deny
or
disparage
others
retained
by
the
32
people.
33
b.
The
tenth
amendment
states
that
the
powers
not
delegated
34
to
the
United
States
by
the
Constitution
of
these
United
States
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nor
prohibited
by
it
to
the
states
are
reserved
to
the
states
1
respectively,
or
to
the
people.
2
39.
The
Constitution
of
these
United
States
has
been
the
3
fundamental
law
of
the
land
since
its
ratification
by
the
4
requisite
nine
states
in
1788.
Until
we
the
people
by
some
5
solemn
and
authoritative
act
annul
or
amend
this
established
6
form,
it
is
binding
collectively
as
well
as
individually,
and
7
no
presumptions
can
warrant
any
representative
to
depart
from
8
them
without
violating
the
representative’s
oath
of
office.
9
40.
States
that
have
joined
the
union
after
the
original
10
thirteen
states
have
joined
under
the
same
requirements
and
11
expectations
as
the
original
thirteen
states.
They
join
with
12
the
guarantee
of
a
republican
form
of
government
and
the
13
restrictions
that
are
placed
on
the
federal
government
by
the
14
Constitution
of
these
United
States.
Therefore,
the
sovereign
15
states
are
not
obligated
to
honor
or
obey
unconstitutional
16
laws,
statutes,
mandates,
regulations,
edicts,
rules,
17
resolutions,
directives,
executive
orders,
court
opinions,
or
18
other
usurpations
imposed
by
the
federal
government.
In
fact,
19
the
states
have
an
obligation
and
duty
to
resist
such
tyranny
20
for
the
sake
of
the
sovereign
citizens
of
the
particular
state.
21
41.
The
universal
law
of
creator
and
created
depicts
the
22
relationship
between
the
creator
and
created
and
dictates
that
23
the
creature
never
has
authority
over
the
creator.
24
42.
The
states,
as
the
creators
of
the
federal
government,
25
are
the
final
authority
on
whether
their
creature
has
26
violated
the
compact
the
states
made
with
each
other.
The
27
constitutional
compact
is
between
the
sovereign
states.
The
28
federal
government
is
merely
the
“creature”
of
that
compact.
29
43.
Article
VI,
clause
3
of
the
Constitution
of
these
United
30
States
binds
senators,
federal
and
state
representatives,
31
all
executives
and
officers
of
the
court
to
support
the
32
Constitution
of
these
United
States.
Therefore,
the
local
33
elected
state
representatives
have
the
responsibility
and
34
authority
to
correct
any
abuses
of
federal
encroachment.
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44.
Article
VI,
clause
2
of
the
Constitution
of
these
United
1
States
establishes
the
Constitution
of
these
United
States
2
as
the
supreme
law
of
the
land.
If
a
law,
statute,
edict,
3
mandate,
ruling,
regulation,
executive
order,
court
opinion,
4
directives,
or
other
usurpations
violates
the
Constitution
of
5
these
United
States,
it
is
void
of
any
and
all
authority.
6
45.
As
Federalist
number
33
states,
if
the
federal
7
government
should
overpass
the
just
bounds
of
its
authority
the
8
people
must
appeal
to
the
standard
they
have
formed,
and
take
9
such
measures
to
redress
the
injury
done
to
the
constitution
as
10
the
exigency
may
suggest
and
prudence
justify.
11
46.
The
federal
judiciary
is
but
a
branch
of
the
12
state-created
federal
government.
Therefore,
in
matters
13
between
the
creator,
the
states,
and
the
created,
the
federal
14
government,
the
federal
judiciary
has
no
authority.
Any
and
15
all
laws,
statutes,
mandates,
regulations,
edicts,
rules,
16
resolutions,
directives,
executive
orders,
court
opinions
17
and
other
usurpations
that
are
not
constitutional
become
18
infringements
against
a
State’s
sovereignty
and,
thereby
19
criminal
activities
of
the
federal
government.
Rule
of
Law
20
dictates
that
because
of
the
relationship
of
the
federal
21
government
to
the
states
there
would
be
a
conflict
of
interest
22
and
the
Supreme
Court
of
the
United
States
can
never
be
judge
23
and
jury
over
such
matters.
24
47.
The
assumption
of
power
that
the
federal
government
25
has
made
by
issuing
unconstitutional
laws,
statutes,
edicts,
26
mandates,
rulings,
regulations,
executive
orders,
court
27
opinions,
directives,
or
other
usurpations
is
a
violation
28
of
the
state
of
Iowa’s
state
sovereignty,
the
Constitution
29
of
these
United
States
and
the
universal
law
of
creator
and
30
created.
31
48.
The
Congress
of
the
United
States
has
the
power
to
32
lay
and
collect
taxes
pursuant
only
to
clause
1
of
Section
33
8
of
Article
I
and
clauses
4
and
5
of
Section
9
of
Article
34
I
of
the
Constitution
of
these
United
States.
The
general
35
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assembly
finds
that
the
federal
government,
its
agencies
or
1
agents,
including
the
Congress
of
the
United
States,
does
not
2
have
power
under
the
Constitution
of
these
United
States
to
3
withhold
from
the
states
the
benefits
of
those
taxes
by
the
4
use
of
federal
mandates
or
other
means
that
fall
outside
the
5
Constitution
of
these
United
States.
6
Sec.
2.
NEW
SECTION
.
1.19
Jurisdiction
of
the
state.
7
1.
The
general
assembly
declares
the
sovereignty
of
the
8
state
as
declared
in
the
federalist
papers
and
established
by
9
the
constitutional
convention
of
1787.
10
2.
This
section
declares
that
no
law,
statute,
edict,
11
mandate,
ruling,
regulation,
executive
order,
court
opinion,
12
directive,
or
other
usurpation
that
is
unconstitutional
shall
13
have
any
legal
or
binding
force
in
this
state.
14
3.
This
section
shall
take
precedent
over
any
and
all
15
opinions
of
the
United
States
supreme
court
that
may
differ
16
from
this
section.
17
4.
This
section
shall
take
precedent
over
any
and
all
18
laws
relating
to
the
sovereignty
and
rights
of
the
sovereign
19
citizens
of
the
sovereign
state
of
Iowa.
20
5.
As
used
in
this
section
“law”
includes
any
foreign
law,
21
religious
law,
legal
code,
or
system
of
jurisdiction,
including
22
but
not
limited
to
international
organizations,
formal
or
23
informal
tribunals,
and
administrative
bodies.
24
Sec.
3.
EFFECTIVE
DATE.
This
Act,
being
deemed
of
immediate
25
importance,
takes
effect
upon
enactment.
26
EXPLANATION
27
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
28
the
explanation’s
substance
by
the
members
of
the
general
assembly.
29
This
bill
declares
the
sovereignty
of
the
state
of
Iowa
and
30
provides
that
no
unconstitutional
action
shall
have
effect
31
in
this
state.
The
bill
includes
legislative
findings
and
32
declarations.
33
The
bill
takes
effect
upon
enactment.
34
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