In 2026 Americans face unconstitutional violence from the President Trump. In 1798, Madison and Jefferson responded to similar violence from President Adams with the Virginia and Kentucky Resolutions and Report of 1800.

This Report of 2026 is a call to action to states to implement the Divided Sovereignty Act that is similar to the Virginia and Kentucky Resolutions. This Report is provides background similar to Madison’s Report of 1800.

Violations of the Constitution by President Trump:

• Use of Federal troops to invade and occupy Los Angeles with the state purpose of replacing the elected governor of California and mayor of Los Angeles:

• DHS Noem: “We will continue to sustain and increase our operations in this city. We are not going away. We are staying here to liberate this city from the socialist and burdensome leadership that this governor (Newsom) and this mayor (Bass) have placed on this country and what they have tried to insert in this city."

• Assault and handcuffing of US Senator Padilla.

• President Trump, September 30, 2025 addressing 800 senior military leaders: "The Democrats run most of the cities that are in bad shape... It seems that the ones that are run by the radical left Democrats, what they have done to San Francisco, Chicago, New York, Los Angeles. They're very unsafe places, and we're going to straighten them out one by one, and this is going to be a major part for some of the people in this room. That's a war too. It's a war from within... we should use some of these dangerous cities as training grounds for our military, National Guard, but military. Because we're going into Chicago very soon."¹

• Purged web sites of the accomplishment of non-white-male Americans.
• Purged data from web sites on the risks to Posterity from resource depletion, debt, and Climate Change.
• Violated freedom of speech by removing books from the libraries such as at West Point and Anapolis.
• Deported people without due process.
• Planned the economy and energy around “Drill, Baby, Drill” (Top-Down, Soviet style planning).
• Assaulted the sovereignty of allies Canada and Denmark/Greenland destabilizing defense aliances built with the blood of millions of American soldiers in World War I and II.
• Violated the 1st Amendment through efforts to deplot individuals for statements President Trump did not like, "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances."
• Violated due process of law, mandated by the 5th Amendment, "No person shall...be deprived of life, liberty, or property, without due process of law."
• Violated Congress separated power, Article 1, Section 8: "The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises."
• Violated “No Taxation without Representation,” shattering confidence in the US dollar as the World’s Reserve Currency with the loss of trillions of dollars of economic strength and hundreds of billions of dollars of foreign sales for farmers and factory workers.

In 1800, James Madison published the Report of 1800 listing actions State governments could take to counter President Adams assault on free speech and denial of due process of law by using the same Alien and Sedition Acts President Trump is using in 2025.

We the People ratified in the Constitution after having just used state governments to wage war on the general government to correct “No Taxation without Representation.” Experience forced an understanding of the need for Divided Sovereignty between ourselves, a general government (federal), and state governments:

Federalist #28: “Power being almost always the rival of power, the general government will at all times stand ready to check the usurpations of the state governments, and these will have the same disposition towards the general government. The people, by throwing themselves into either scale, will infallibly make it preponderate. If their rights are invaded by either, they can make use of the other as the instrument of redress. How wise will it be in them by cherishing the union to preserve to themselves an advantage which can never be too highly prized!”

The Report of 2025 list violations and recommends actions to enforce the Constitution.

Just powers of government

To minimize violence from war and crimes, we grant governments a monopoly on the use of violence within a jurisdiction. We grant them the power to tax us and to coerce compliance with laws. To limit the nature of those governing, we enumerate in written constitution the maximum extent of government powers.  

Common Sense opening paragraph (Thomas Payne): “SOME writers have so confounded society with government, as to leave little or no distinction between them; whereas they are not only different, but have different origins. Society is produced by our wants, and government by our wickedness; the former promotes our happiness POSITIVELY by uniting our affections, the latter NEGATIVELY by restraining our vices. The one encourages intercourse, the other creates distinctions. The first is a patron, the last a punisher.”

Divided Sovereignty and Separation of Powers

We the People are the sovereigns, the rulers of the United States of America. Two documents put our instruction into law to be obeyed by our servants in governments.

Declaration of Independence: “We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.--That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed,

The opening paragraph of the Constitution, the Federal mission statement gives legal force to the Declaration of Independence and Divided Sovereignty:

• The Constitution is a compact between “We the People.”
• We assign authority to the people operating the Federal government unlimited taxing powers for the limited sovereignty to “provide for the common defence” to “secure the Blessings of Liberty to ourselves and our Posterity.” The American definition of liberty is the Declaration of Independence. Our failure to enforce the Declaration’s mandate “that all men are created equal,” through government support for slavery resulted in a Civil War to force adoption of the 13th, 14th, and 15th Amendments.
• We restrict people operating the Federal government to not tax, but only “promote the general welfare.” States and We the People are sovereign over the “general welfare.” Federal debt from borrowing against welfare taxes to fund undeclared wars, $36 trillion in Federal debt, and DOGE attacks on the welfare structures underscore that States need to collect welfare taxes and “provide” welfare programs. Two aspects of Liberty intertwine in a Darwinian crucible of creative destruction to innovate the general welfare. Tolerance of Disruptive Minorities offering choices and Tolerance of the Wisdom of the Many sorting those choices in free markets and free speech.
• Federalist Papers explained to Americans the concepts in the Constitution during ratification. #1-46 focus on the Divided Sovereingty between We the People, states, and federal powers (footnote on Federalism^[1]).
• Federalist #45: "The powers delegated by the proposed Constitution to the federal government are few and defined. Those which are to remain in the State governments are numerous and indefinite. The former will be exercised principally on external objects, as war, peace, negotiation, and foreign commerce; with which last the power of taxation will, for the most part, be connected. The powers reserved to the several States will extend to all the objects which, in the ordinary course of affairs, concern the lives, liberties, and properties of the people, and the internal order, improvement, and prosperity of the State."
• Federalist #51:  “Ambition must be made to counteract ambition.”
• Federalist #46: “The federal and State governments are in fact but different agents and trustees of the people, constituted with different powers, and designed for different purposes.”
• Federalist #9, #10, and #41 provide an abbreviated summary.
• Federalist Papers #47-85 focus on the Separation of Powers between the Congress, President, and Courts.

The Premable, the Constitution’s opening paragraph of Divided Sovereignty is restated in the:

• 9th Amendment: "The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people."
• 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."

Oath Breaking Rebuilds a Path to War

Federalist #51 (Madison): “If men were angels, no government would be necessary. If angels were to govern men, neither external nor internal controls on government would be necessary. In framing a government which is to be administered by men over men, the great difficulty lies in this: you must first enable the government to control the governed; and in the next place oblige it to control itself."

“No Taxation without Representation” rallied Americans to wage the Revolutionary War. We the People were forced to use state governments to wage war on the general government.

War forged an understanding of the need for oaths, Divided Sovereignty, and Separation of Powers. In replacing a King with a Federal government we did not want to repeat the same mistake that the general government would violate the US Constitution as the King and Parliament violated the English Constitution.

Those seeking power are not angels. To bind State and Federal officials to our consent, We the People mandate they swear an oath of fidelity to our written commands:

• Article 3, Section 1: The President shall take the following Oath or Affirmation:—"I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States."
• Article 6: “The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution; but no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States.”

President Trump’s Executive Orders on tariffs without a vote by Congress violates his oath to “take Care that the Laws be faithfully executed,” Article 3, Section 3.

Congress is refusing to support or reject tariffs. By taking no action, Congress is violating it duty to prevent “No Taxation without Representation.”

Tyranny of the Majority

President Trump and the current Republican Congress represent a Tyranny of the Majority. The Framers of the Constitution understood this risk of democracites well:

• Benjamin Franklin: "Democracy is two wolves and a lamb voting on what to have for lunch. Liberty is a well-armed lamb contesting the vote!"
• John Adams: "Remember, democracy never lasts long. It soon wastes, exhausts, and murders itself. There never was a democracy yet that did not commit suicide."
• John Quincy Adams: "Democracy has no forefathers, it looks to no posterity ; it is swallowed up in the present, and thinks of nothing but itself."
• Federalist #10 (Madison):  “Hence it is that democracies have ever been spectacles of turbulence and contention; have ever been found incompatible with personal security or the rights of property; and in general have been as short in their lives as they have been violent in their deaths…

To counter Tyranny of the Majority, the Framers wrote the Constitution into a compound republic.

Federalist #9 (quoting Montesquieu): “As this government is composed of small republics, it enjoys the internal happiness of each [welfare and commerce]; and with respect to its external situation [war], it is possessed, by means of the association, of all the advantages of large monarchies.”  “Should abuses creep into one part, they are reformed by those that remain sound.”

It was the diversity of state economies that forced an end to Federal expansion of slavery into the West. Failure to implement the 13th, 14th, and 15th Amendments without war, cost the lives of 600,000 American soldiers to implement, “Should abuses creep into one part, they are reformed by those that remain sound.”

The Constitution structured a compound-republic of many states operating independently for welfare and combining into one national government for defense. This cluster of republics allowed the brilliant aspect of democracy, the Wisdom of the Many, to endure while constraining the vile aspect of democracy, Tyranny of the Majority.

• Divided Sovereignty:

• Federal to suppress war.
• States to coerce crimes, civil disputes, and “internal improvements.
• We the People for all powers not enumerated as sacrificed in written constitutions.

• Separation of Powers in the Federal government:

• Congress:

• Senate to represent states.
• House to represent We the People.

• President to execute the laws as voted on by Congress.
• Courts to resolve disputes.
• Juries to overturn laws that are unjust on a case by case basis as a jury did with Wilkes suing and winning for due process violations.

• All have responsibility for interpreting and enforcing the Constitution.

Since the 16th, 17th, and 18th Amendments, we allowed Federal consolidation. Following World War II, Federal central planning of the economy around cars and highways created the crisis we face today of unwalkable cities, foreign oil addiction, oil-dollar funded terrorism, oil-wars since 1990, $36 trillion in Federal debt (increasing in tandem with oil imports and funding oil wars), traffic jams, and Climate Change. On-line summary of the defects are Changing World Order (Ray Dalio) and Climate Change Root Cause (Bill James).

Possible Actions

There are many things we can do in every aspect of our diverse and compound republic. Here are some specific ideas.

• All:

• Recognize the democracy is an essential and flawed tool with 2 aspects. Vile is Tyranny of the Majority. Brilliant is Wisdom of the Many.
• Recognize President Trump’s violations of the Constitution are backed by a Tyranny of the Majority that voted him into power.
• Review the importance of Divided Sovereignty in a compound republic to limit Tyranny of the Majority and make useful the Wisdom of the Many.

• President Trump:

• Change your Executive Orders to comply with your oath to "preserve, protect and defend the Constitution of the United States."
• Correct your answer to the question, "don’t you need to uphold the Constitution of the United States as president?" You wrongly answered: “I don’t know.”

•  Congress members:

• Obey your oath as mandated by Article 6 (above).
• End Federal consolidation and respect that states are sovereign over welfare, collection of welfare taxes, and “internal improvements” (link to 21 Presidential veto messages).
• Exercise your duty and vote to allow or block tariffs.
• Repeal laws in which Congress attempts to avoid taxing accountability by delegating powers to the President, such as the Trade Expansion Act of 1962, the Trade Act of 1974, the National Emergencies Act (NEA 1976), and the National Emergency Powers Act (IEEPA 1977). Note these laws were passed 200 years after the founding of America. The Necessary and Proper Clause: "To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers." If these laws were not required for winning World War I or World War II, they are not "necessary" or "proper."

• Courts:

• Enforce Article 1, Section 8 on the Separations of Powers. Find laws unconstitutional in which Congress supports “Taxation without Representation.”
• Enforce 1st Amendment on freedom of speech.
• Enforce 5th Amendment on due process.
• Reverse the Sparf v. US (1895) which restricted jury nullification and restore the Framers' clear understanding of the importance of juries to as the "4th Branch of Government":

• Thomas Jefferson: “I consider trial by jury as the only anchor ever imagined by man by which a government can be held to the principles of its constitution.”
• John Adams: “It is not only the juror’s right, but his duty to find the verdict according to his own best understanding, judgment, and conscience, though in direct opposition to the instruction of the court."
• John Jay: In Georgia v. Brailsford (1794), Jay instructed jurors they had “a right to determine the law as well as the fact."
• James Madison, Federalist #51: “Ambition must be made to counteract ambition. The interest of the man must be connected with the constitutional rights of the place.” Citizens on juries connect them with the justice, or injustice, of the laws being enforced.

• Jury nullification and it inclusion in shaping common law, provides Retrospection, a feedback loop holding servants of the people accountable to the people.
• Citizen oversight of enforcement of laws by jury nullification as mandated by Article 3, Section 2: "The Trial of all Crimes, except in Cases of Impeachment, shall be by Jury," This is reinforce in the 5th Amendment, "No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury... nor be deprived of life, liberty, or property, without due process of law"

• State governments:

• Enforce “No Taxation without Representation.” Re-open your ports to imports and limit the duties collected to those voted for by Congress.
• Enforce state obligations to defend the Constitution as mandated by Article 6:

• Framers had just used state governments to wage a war to replace the general government and were forming a new one. They understood the need for states to defend the Constitution.
• Enforce the Federal limit to only “promote the general welfare.”

• Shift welfare tax collections from the Federal government to be collected by state governments. State governments can then fund the federal programs and hold those programs accountable for their efficacy.
• Prevent DOGE from harming welfare programs deemed important to the States.
• Prevent Congress from borrowing against welfare dollars to fund undeclared wars.

• Call a Constitutional Convention every year ending in 9 to consider ideas for Article 5 Amendment process. The Framers wrote beyond their capacity to drive political change. They failed with slavery and women’s rights. transitioned from the age of monarchs to a time of republics.
• Repeal the 17th Amendment so states, instead of special interests, are represented in the Senate.
• Pass laws to allocate funds to:

• Use the Internet and other ccommunications tools to produce and distribute with other state governments the equivalent of circular letters used to unify the United States.
• Support 9th Amendment Council for your state.
• Support 10th Amendment Coucil memberships for your state.

• Pass laws to bar from re-election eligibility Congressmen and Senators avoided a vote on “No Taxation without Representation.” 
• Pass a law establishing a process for holding people accountable for failing to enforce their oath to the Constitution.

• We the People:

• Those harmed by unconstitutional actions should sue public officials in civil court for financial harms.
• Join in demonstrations, boycotts, and other acts of civil disobedience until the states, Congress, the President, and Courts enforce the clear text of the Constitution.
• Repeal the 17th Amendment so your state, instead of special interests, is represented in the Senate.
• Elect state and national officials that support the 9th and 10th Amendment Councils. Participate in such councils. We have the Internet to leverage the power of our compound republic.
• When surviving on juries demand at least three outcomes:

• Not guilty
• Guilty
• Jury Nullified with the reasons being published into the public records.

• Boycott Amazon until it prints the tariff tax on receipts. Local retailers print the sales tax on your receipt to hold local governments accountable to taxes. We need tariffs to be similarly accounted for.

Also review the Virginia Resolutions of 1798 and Kentucky Resolutions (Thomas Jefferson and James Madison).