Tuesday, April 15, 2014

State Constitutional Paramount Allegiance

Matt Ford writes over at The Atlantic that there's an irony in rancher Cliven Bundy's land claim against the federal Bureau of Land Management, now brewing in Nevada.  That's because the very state constitution that Bundy so forcefully defends (in the spirit of states' rights, state sovereignty, and the like) contains a "paramount allegiance" clause, enshrining federal supremacy right there in the document.  Here it is, from Article I, Section 2, in the Declaration of Rights:

All political power is inherent in the people.  Government is instituted for the protection, security and benefit of the people; and they have the right to alter or reform the same whenever the public good may require it.  But the Paramount Allegiance of every citizens is due to the Federal Government in the exercise of all its Constitutional powers as the same have been or may be defined by the Supreme Court of the United States; and no power exists in the people of this or any other State of the Federal Union to dissolve their connection therewith or perform any act tending to impair, subvert, or resist the Supreme Authority of the government of the United States.  The Constitution of the United States confers full power on the Federal Government to maintain and Perpetuate its existence, and whensoever any portion of the States, or people thereof attempt to secede from the Federal Union, or forcibly resist the Execution of its laws, the Federal Government may, by warrant of the Constitution, employ armed force in compelling obedience to its Authority.

Ford explains that the clause originated in Nevada's first constitutional convention in 1863, and that state constitutional framers, overwhelmingly unionists, retained it in 1864. 

Nevada isn't the only state with a Paramount Allegiance Clause.  As Ford explains, Reconstruction-era state constitutions throughout the South had one.  While most were dropped in subsequent revisions, some states, like Mississippi and North Carolina, still have it.

http://lawprofessors.typepad.com/conlaw/2014/04/state-constitutional-paramount-allegiance.html

Comparative Constitutionalism, Federalism, News, State Constitutional Law | Permalink

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Comments

Regardless of the Paramount Allegiance Clause in Nevada Constitution, the Federal Government has not complied with the 1864 Nevada State Enabling Act.

Posted by: Federal Farmer | Apr 16, 2014 6:16:04 PM

Clearly, the "Federal Farmer" never read section 4 of the Nevada State Enabling Act, which required individuals to give up any rights to "public lands". This is something that Mr. Bundy has refused to do, so he is in violation not only of his own state's constitution, but also of the Nevada State Enabling Act.

Posted by: American Citizen | Apr 18, 2014 2:57:45 PM

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