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 TLSB 2547YH (4) 89 ss/rn
H.F. 752 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. 35 -1- LSB 2547YH (4) 89 ss/rn 1/ 8
H.F. 752 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 35 -2- LSB 2547YH (4) 89 ss/rn 2/ 8
H.F. 752 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 -3- LSB 2547YH (4) 89 ss/rn 3/ 8
H.F. 752 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. 35 -4- LSB 2547YH (4) 89 ss/rn 4/ 8
H.F. 752 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 35 -5- LSB 2547YH (4) 89 ss/rn 5/ 8
H.F. 752 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. 35 -6- LSB 2547YH (4) 89 ss/rn 6/ 8
H.F. 752 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 -7- LSB 2547YH (4) 89 ss/rn 7/ 8
H.F. 752 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 -8- LSB 2547YH (4) 89 ss/rn 8/ 8