@theduran

The Flow or Delegated Power in The United States of America

Supremacy Clause, Organic States and the Administrative States of State:

Presumption Does Not Assume Delegated Powers

by: Lisa Kay of the family Schaffer

The architecture of American constitutional authority is rooted in a unique theory of delegated power.

Unlike systems in which sovereignty originates in a monarch, parliament, or centralized state, the

American constitutional order begins with the people as the ultimate source of political authority. From

them, sovereignty flows to their States, and only thereafter to any federal entity the States choose to

create. This upward delegation of power—people→People → States → Federal Republic—forms the

essential logic of the Ninth and Tenth Amendments and establishes the framework within which all

federal authority must be understood.

At the center of this structure lies the Supremacy Clause of Article VI of the 1787 Federal Republic

Constitution. This clause, often invoked but rarely examined in its original context, is the only

constitutional provision in which the People and the States explicitly delegated a limited form of

supremacy to the Federal Republic. Its placement, meaning, and scope are foundational to

understanding the lawful boundaries of federal power. Yet the later Territorial (1789) and Municipal

(1790) constitutions—corporate charters rather than sovereign compacts—contain no such delegation.

Their modern claims to supremacy rest not on constitutional grant but on administrative assumption.

The nature of delegated supremacy, the consequences of the Federal Republic’s interregnum, the rise of

presumption as a substitute for lawful delegation, and the jurisdictional distinctions between the State

and the State of State are highly misunderstood and misrepresented.. The rebuttal of presumption is not

merely a procedural act but the decisive restoration of lawful order, for presumption and administrative

construct collapses when challenged, while delegated authority endures by contract.

The Supremacy Clause of Article VI of the 1787 Federal Republic Constitution declares that the

Constitution, the laws made in pursuance thereof, and treaties made under its authority “shall be the

supreme Law of the Land.” This clause applies only to the United States created under the 1787

Constitution—not to the Municipal United States nor to any later federal corporate entity. Its

authority is not inherent in the federal government; it is delegated by the States and the People acting in

their sovereign capacity.

In the American system, all political power originates with the people. All governmental authority

flows from the people to their States, and from the States (People) to the Federal Republic. This is the

meaning of the Ninth Amendment, which preserves all rights not delegated to the People, and the Tenth

Amendment, which preserves all powers not delegated to the States. Nothing created can outrank its

creator. No subordinate entity can elevate itself above the sovereign source from which its authority

derives.

The Supremacy Clause is therefore a contractual grant of limited supremacy, delegated for the narrow

purposes enumerated in Article I, Section 8. It is not a blanket elevation of federal authority above the

States or the People. It is a specific, conditional, and revocable delegation.

Because supremacy is delegated, it must be expressly conferred. The Territorial Government created in

1789 and the Municipal Government created in 1790 operate under their own corporate charters, but

neither charter contains a Supremacy Clause. Neither receives supremacy by delegation. They may

assume supremacy for administrative convenience, but assumption is not delegation, and assumption

cannot outrank the sovereign will of the people or the States (People). A franchise cannot outrank the

corporation that chartered it. A subcontractor cannot claim the rights of the principal.

When the Federal Republic went into interregnum during the Civil War and was never reconstructed,

the delegated supremacy vested in it did not transfer to the Territorial or Municipal

governments. Delegated powers revert to the source when the delegate ceases to function. Thus,

supremacy returned to the Delegators—the people and their States (People). The Territorial and

Municipal governments continued to operate, but without the delegated supremacy that only the 1787

Constitution conveys. Their authority became administrative rather than sovereign, derivative

rather than original, assumed rather than granted.

Supremacy and sovereignty therefore remain with the people and the States (People). The Ninth

Amendment preserves the people’s rights, including sovereignty, standing, and ultimate authority. The

Tenth Amendment preserves the States’(Peoples’) powers, including land and soil jurisdiction, police

powers, domestic governance, and all non-delegated governmental powers. The Federal Republic is

the only entity ever delegated supremacy, and when it ceased to function, that supremacy

returned to its source.

The delegation of powers in the American system reflects a carefully structured hierarchy. The people

retain all natural rights, all political authority, all sovereignty, and all powers not expressly delegated.

They never delegated their sovereignty, identity, land rights, natural rights, or political status.

The organic States, created by the people, hold land and soil jurisdiction, domestic law, public safety,

family law, local courts, militias, elections, and all non- delegated powers. They delegated to the

Federal Republic only those limited powers enumerated in Article I, Section 8: international relations,

war powers, treaties, interstate commerce, coining money, standards of weights and measures, postal

systems, naturalization, and limited taxation for federal purposes.

The Federal Republic, created by the 1787 Constitution, holds only the powers delegated to it. It alone

holds the Supremacy Clause. The Territorial Government created in 1789 and the Municipal

Government created in 1790 hold no delegated supremacy. They operate under Article IV, Section 3

and Article I, Section 8, Clause 17 respectively, administering territories, federal enclaves, the

District of Columbia, and internal corporate operations. Their authority is assumed, not delegated.

This structure is reflected in the four great jurisdictions of American law: soil, land, sea, and air. Soil

jurisdiction belongs to the living people, their counties, local juries, and sheriffs. It is the oldest, most

fundamental, non-commercial jurisdiction, the home of natural and unalienable rights. Land

jurisdiction belongs to the organic State Assemblies, State courts of record, and State militias. It is

sovereign, non-delegated, and the source of all delegated powers. Sea jurisdiction belongs to the

Territorial Government and governs commerce, admiralty, maritime law, and international trade. It is

corporate, commercial, and operates by assumption rather than delegated supremacy. Air jurisdiction

belongs to the Municipal Government and governs corporate law, municipal code, canon law,

intellectual property, and global commercial regulation. It is the most abstract and least connected to

the people, and it possesses no delegated supremacy.

The correct supremacy hierarchy therefore places the people at the top, followed by the States (People)

in Assembly, followed by the Federal Republic as the only delegated holder of supremacy, followed by

the Territorial Government, and finally the Municipal Government. Only the 1787 Constitution

contains the Supremacy Clause. The later constitutions operate under it, not above it.

The modern reliance on presumption in courts arises from the absence of delegated authority. In the

American system, governmental authority originates with the people and is delegated upward through

written constitutional contracts. A government possesses only those powers expressly delegated to it.

Anything not delegated remains with the people or the States (People). When the Federal Republic

ceased to function, its delegated powers returned to the Delegators. The Territorial and Municipal

governments continued to operate, but lacking lawful delegation of supremacy and many other

powers, they began to rely on presumption rather than delegation.

The distinction between the State (People) and the State of State (Fictional Corporate Entity) becomes

essential here. The State—Ohio, Tennessee, Wisconsin—is the sovereign, unincorporated land-and-soil

jurisdiction created by the people. It holds sovereignty, supremacy, and non-delegated powers. The

State of State—State of Ohio, State of Tennessee, State of Wisconsin—is an incorporated sea/air

jurisdiction created to provide governmental services. It is a business entity, not a sovereign. It operates

under charter, not inherent authority. Modern courts deal almost exclusively with State-of-State

franchises, not with the actual State.

Because these State-of-State entities lack sovereignty, land jurisdiction, and delegated supremacy, they

cannot lawfully compel the people unless the people voluntarily enter their jurisdiction. Instead of

obtaining voluntary consent, these entities rely on presumption: presumption of citizenship, residency,

corporate status, contract, subjection to statutory law, and the presumption that the State of State is the

same as the State. None of these presumptions arise from delegation. They arise from administrative

necessity and corporate convenience.

Here it is essential to distinguish between the legal fictions upon which the Territorial and Municipal

governments rely and the actual status of living men and women. The presumptions of federal

citizenship, territorial residency, corporate identity, and implied or undisclosed contract pertain only to

the artificial entities created by those governments for administrative purposes. They do not lawfully

attach to living Americans who have properly declared and published their political status as

members of the people of their respective States. Once such status is established on the public

record, the fraudulent presumptions collapse, for they cannot override the superior standing of a living

man or woman acting in their true capacity. In this way, the rebuttal of presumption is not merely

procedural; it is the definitive termination of controversy, extinguishing the only basis upon which

inferior jurisdictions attempt to extend their reach.

Presumption is not lawfulness. It is a placeholder for missing authority. It is a substitute, not a source.

It is the mechanism by which inferior jurisdictions maintain the appearance of authority or color of law

in the absence of lawful delegation. But presumption collapses the moment it is rebutted. Delegated

power cannot be rebutted; presumed power evaporates when challenged by the sovereign.

Thus, the rebuttal of presumption is the end and closure of controversy. It restores the lawful order

by extinguishing the only basis upon which inferior jurisdictions attempt to operate beyond their

delegated scope. Presumption survives only in silence; it cannot withstand challenge. When rebutted, it

dissolves, leaving only the original constitutional structure: the people as sovereign, the States (People)

as holders of non-delegated powers, and the Federal Republic as the sole entity ever granted delegated

supremacy.

The Supremacy Clause of Article VI of the 1787 Federal Republic Constitution is not merely a textual

artifact but the keystone of the American system of delegated authority. It is the only constitutional

provision in which the people and the States (People) explicitly granted supremacy to a federal entity,

and its scope is limited to the Federal Republic created in 1787. The later Territorial and Municipal

constitutions contain no such delegation and therefore possess no lawful supremacy. Their modern

claims to supremacy rest on presumption, not constitutional authority.

The interregnum of the Federal Republic did not transfer supremacy to these subordinate entities.

Delegated powers revert to the source when the delegate ceases to function. Thus, supremacy returned

to the people and their States (People). The Territorial and Municipal governments continued to

operate, but without delegated supremacy, relying instead on assumptions of citizenship, residency,

contract, and corporate identity to extend their reach.

This reliance on presumption reveals the fragility of their authority. Presumption is not law; it is a

substitute for law. It is a mechanism by which inferior jurisdictions attempt to operate as if they

possessed powers never delegated to them. But presumption collapses when challenged. Delegated

authority endures by contract; presumed authority evaporates when rebutted. For this reason, the

rebuttal of presumption is the decisive act that ends controversy, restoring the constitutional

hierarchy in which the People remain sovereign, the States retain all non-delegated powers, and the

Federal Republic alone holds the Supremacy Clause.

In this structure, the American constitutional order reasserts its foundational truth: that all governmental

authority is derivative, and only the People and their States hold original, inherent sovereignty. All else

is subordinate—and lawful only when delegated.

June 1, 2026