Articles But not limited to state Rights and sanction cities

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Charles Frederick Tolbert EdD

Article written but not limited to Sovereign States rights concerning sanction cities

Articles But not limited to state Rights and sanction cities

State rights Dr Tolbert candidate for US Senate Fl 2016

The rights of the Sovereign States

The States must comply with laws passed by the US Congress only if the laws do not violate the United States Constitution. If the laws are unconstitutional the States are free to disregard them. If the States believe the laws are unconstitutional they do not have to wait for the Supreme Court to declare them unconstitutional. The Constitution does not grant the Federal Government the authority to regulate the lives of the citizens living inside of the States or the land inside the borders of the States, therefore these laws are unconstitutional.

The US Constitution only granted the Federal Government the power to take 10 square miles from the states of Virginia and Maryland to build Washington DC.

The US Constitution grants the Federal Government the authority to buy land from the States for the sole purposes of creating forts, arsenals, magazines, dock yards, and buildings. These purchases must be made with the consent of the State legislatures.

When the States ratified the Constitution they did not surrender all of their sovereignty to the Federal Government. The States only transferred small portions of their sovereignty to the Federal Government. These portions of sovereignty, or powers they transferred are clearly spelled out in the Constitution and mainly have to do with the defense of the nation as a whole, relations with the foreign nations, and relations between the individual States. All other powers remained with the States. They retained all powers necessary to regulate the lives of the citizens living in the States and the land inside the borders of the States. This is called federalism and is one of the fundamental concepts enshrined in the Constitution.

The Constitution created a limited Federal Government. It is a limited government because it is limited only to the powers spelled out, or enumerated, in the Constitution. If a power is not spelled out in the Constitution the power remains with the States or individuals respectively.

If the States had surrendered all of their sovereignty to the federal government then all of the power would be concentrated with the federal government. Our founding fathers greatly feared the concentration of power in Washington DC. They included in the Constitution many protections to prevent that from happening. During the ratification of the Constitution it became clear that many believed these protections were not strong enough so the Tenth Amendment was added to the constitution

The framers of the Constitution never intended the Supreme Court to be the final arbitrator of what is Constitutional and not. The Supreme Court plays an important role in this process but this duty is shared with the other two branches of the federal government, the States, and ultimately with the American people.

Beginning in 1895 the Federal Government began seizing land inside the borders of States. At first this was done to create national parks and monuments. Now the Federal governments claims ownership of 75 percent of the land contained inside the borders of western States. Federal agencies such as the Bureau of Land Management claim the power to regulate this seized land. The Environmental Protection Agency claims the authority to regulate all sorts of behavior over land contained inside the borders of every State. All of this is unconstitutional.

Article 4 Section 3 Clause 2 of the Constitution grants the Federal Government the power to regulate territory and possessions of the United States. This only applies to unincorporated territories that have not been formed into States. Once this land is incorporated into a State, the State then becomes responsible for the regulation of land and activities inside the borders.

The Proof

Article 1 Section 8 of the Constitution lists the powers of Congress

Article 1 Section 10 lists the powers denied to the States

10th Amendment

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.

Thomas Jefferson:

“It is fatal heresy to suppose either our state governments are superior to the federal, or the federal to the states. The people to whom all power belongs, have the powers of government into two distinct departments, the leading characteristics of which are foreign and domestic.”

James Madison:

“The powers of the Federal Government are related to external objects and are few. But the powers in the states relate to those great objects which immediately concern the prosperity if the people.”

Thomas Jefferson:

“The capital and leading object of the constitution was to leave with the states all authorities with respect to their own citizens only, to transfer to the United States those which respected citizens of foreign and other states.”

Thomas Jefferson:

“The true barriers of our liberty in this country are our state governments.”

James Madison:

“The people are the only legitimate fountain of power, and it is from them that the constitutional charter, under which the several branches of government hold their power, is derived.”

Thomas Jefferson, in the Kentucky Resolves and James Madison in the Virginia Resolves, discuss the doctrine of nullification which allows the states to ignore unconstitutional laws even if the Supreme Court does not declare them unconstitutional.

Article 1 Section 8 Clause 17 of the US Constitution:

17. “To exercise exclusive legislation in all cases whatsoever, over such district (not exceeding ten miles square) as may, by cession of particular states, and the acceptance of Congress, become the seat of the government of the United States, and to exercise like authority over all places purchased by the consent of the legislature of the state in which the same shall be, for the erection of forts, magazines, arsenals, dock-yards, and other needful buildings.”

Since immigration is not discussed in the United States Constitution, it falls under amendment 10. Therefore immigration belongs to each State. Should an individual want to migrate to The United States of America, they must first petition the state for residency. Upon completion of 5 to 7 years as a resident of the state of the registrar, according to naturalization act of 1802, they can apply for naturalization.

Any individual today who is an illegal immigrant can file with that said state for residency. Upon payment of fees in a state they can register and therefore become a resident of the state after a thorough background check. They can become a naturalized citizen when they have fulfilled federal government requirements. The constitution states those residents of good character, once they filed the petition, no longer are illegal immigrants and could be naturalized through the process of naturalization.

Unless the congress declared the illegal immigrants invaders this is a States right.

Charles Frederick Tolbert EdD

Was a Candidate for US Senate Florida 2016
Retired MSGT

Do not vote for E-Verify only four constitutional amendments should be put on the Florida ballot in 2018

Articles and links concerning the States and The USA

Articles and links concerning Islam

Charles Frederick Tolbert EdD, For The Department of Education For Professor or Dean of University/College

War on terrorism, bring back the draft

Voters fraud

Resume sent to the president of the United States by Dr. Tolbert

Taking the power away from the state is what caused the Civil War

The Constitution Today: Redistricting

Copy Editor, Vilet Dye…

Is DACA, Deferred Action Children Arrival, Constitutionally Correct?

Congress has no authority over the Sovereign States other than Possessions, Territories and Washington DC. For example, Puerto Rico is a territory.

Congress has no authority over the 50 Sovereign states.

Under the 10th amendment and the 9th Amendment of the Constitution, the Administrative Procedure Act written in 1942 has No Authority over immigrations as presented by Obama, under DACA.

Therefore president Trump’s removal of the new funding or rights as required by sovereign state implementation of their own policy and rules, does not fall under the Administrative Procedure Act of 1942, and DACA should not be funded by the Federal government, it’s a States right.

Read full link:

Charles Frederick Tolbert EdD
Retired Master Sergeant United States Army/Pastor

Please consider changing the phrase, “building a border around America” to “virtual reality visas.”

Updated March 05, 2018

Copy Editor, Vilet Dye…

To the president of the United States , please correct the issue on immigration , virtual reality visas.”

State rights concerning immigration

Mr. Trump:

Please consider Changing the phrase, “building a border around America” to “virtual reality visas.”

I have written articles which present restrictions on coming across the United States borders; “if in a back ground check the requestor cannot be traced back 10 years the requestor will not receive a visa to enter into a State.” The petitioner must submit their request through one of the sovereign states. (US constitution Amendment 10)

This would establish, as per the constitution, Departments of Immigration in each individual state enabling the States to establish their immigration program according to amendment 10, then the Federal Government will continue utilizing the naturalization rules of law of 1805, 1954, 1990 and 2000 articles of naturalization which adheres to the 17 responsibilities of a Federalism, the United States Constitution and the Bill Of Rights.

In addition; the current illegal immigrants are substantially higher than the 12 to 20,000,000 as presented by the federal government. These figures are in excess of 50 million at a cost to American taxpayer of approximately $4,000 per individual per month. Unless Congress declares these illegal immigrants invaders, the federal government has no responsibility. I request Congress to re-establish the Constitution and pass a bill that these illegal immigrants are “invaders” forcing them to utilize the state immigration program with a petition fee of $1500 per applicant.

I have presented how these illegal immigrants would be restricted from utilization of social welfare, education, sending money out of country and medical assistance for a two year period. These illegal immigrants will require a sponsor and also employment through their sponsor before they can submit a “virtual reality visa” through the sovereign state.

After the two-year probation, they would then be required seven years residencies. Upon completion and good moral character, they would submit to the federal government paperwork of naturalization.

Any illegal immigrant who gave birth to a child is not protected under the naturalization act and are anchor babies. These anchor babies would be required to fulfill and follow the same procedures as their parents.

Currently there are millions of anchor babies who are in fear of being removed and deported without a due process procedure which can only be provided by following the above conditions

It should be noted the above is not an executive order condition. It would require congress to establish laws which are required for enforcement of the constitution after which time the executive branch would be required to provide protection and enforcement of the congressional laws.

The following links are written and presented by Dr Tolbert:

Those who equate “citizen” with “natural born citizen” often misinterpret Constitutional law and statute law

The rights of immigration belong to the state naturalization to the federal governmen

Securing the border Charles Frederick Tolbert EdD Retired MSGT Candidate for United States Center, Florida 2016


The reason for filing this grievance, concerning Marco Rubio being a non-national citizen

Charles Frederick Tolbert EdD

Was a Candidate For U. S. Senate Florida 2016
Retired MSGT

Immigration belongs to the States

Copy Editor: Vilet Dye…


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