I have received specific comments in regards to the Petitions which I felt needed wider address at this time.
One in particular regarding New Hampshire where the person asked how to include a Senator.
Both of the Senators of each State are already included. I double checked N.H. and both were still there.
Another comment wanted an inclusion of the Healthcare Bill issue. I sought to do that through the Causes covering Individual Regulation and Seizure of the People.
The government has for some time been seizing us in our persons through regulations and statutes. The Healthcare Bill is just the latest one that has the People upset, yet this process of reducing THE PEOPLE to chattels has been going on for a very long time.
One comment was wondering where they sign, and was looking at the wrong State Petition.
The list of the Petitions are Right there to the Right. Make sure you are at the Right One. You can add spaces for more people, even make sheets of blanks for people to sign and identify themselves appropriately.
The final comment I will address was regarding Virginia and the statutory and constitutional allowance of the Right of THE PEOPLE to Recall.
This is not a statutory effort where the government gets to tell you what your Rights are.
We know what our Rights are and that is what I believe I communicated in the Petitions.
Even Article 61 of the Magna Carta has the Right of THE PEOPLE to remove any official from office by force (not to mention make War on him and his family seizing his property) for violation of their oath to uphold the common law and fundamental Rights of THE PEOPLE.
Magna Carta is often quoted and referred to by the U.S. Supreme Court as a foundational and fundamental law of our Nation.
Having dispensed with the issue or question of statutory acceptance, by the construction of the Petitions squarely upon the antecedent Right of THE PEOPLE to reform their government as they see fit, this is a constitutional effort. It is the most basic form of peaceful constitutional effort that would precede a general popular uprising.
The force of this effort, as well as its success is numbers, large vast NUMBERS of people showing discontent, just like the 9/12ers and the Tea Party-ers. This is probably the last stop of non-violent redress and action for this nation, as the Senate appears to be ready to ever increase and solidify their violence against the Republic (your Rights).
The strength of this position is clearly in the 9th Amendment which the government cannot control as shown in West Virginia Board of Education v. Barnette. It has been our Right, it has always been our Right, it is not addressed in the Constitution for the United States of America, it is the Right of THE PEOPLE forever in the Declaration of Independence, what more can I show the world?
I am certain of one thing in this regard, if one does not believe that they have the Right to Recall these criminals and thugs, and they refuse to believe the words of the sources I have provided, I do not believe that it is possible for anyone to believe that they have these Rights if they insist on clinging to doubt.
This is what the public education system and Lawyer Aristocracy High Priesthood has done to Americans. It has made them forget who and what we are, that the only thing that can hold us together in our differences in the belief in individual Liberty and Rights.
Somehow, the founding documents were not destroyed to make History forget.
Press on countrymen. The government and its statutes are arrayed against the fundamental Rights of us all, just as Parliament did to this land in the beginning. There is no shelter nor solution in them. Their false authority is your chains. Inaction is no solution, only a vote for the tyrants.
Unalienable
Tuesday, December 22, 2009
Saturday, November 14, 2009
Action must be what THE PEOPLE will and are willing to do.
Action Report
Not having internet, I have been able to hear a little bit of audio through telephone from a friend.
With particularity the most interesting words came from comments or questions of Delegates after the presentation of a man who respects me enough to pick up the phone when I call; Mr. Jeff Dickstein.
One Delegate commented about a State nullifying the Amendment of the Constitution in question, to which Mr. Dickstein commented that such was tried in a state, but there was not enough support of THE PEOPLE to get the idea rolling forward and success would require many other states with motivation of THE PEOPLE to get the same thing going.
Thus, the missing ingredients for this Congress to be successful on that issue is:
Being that the issue is the income tax, and not everyone pays that or is interested, which is why the U.S. Department of Justice has trampled the First Amendment activities of the tax activist community, decimating it, without so much as a whimper of outcry of THE PEOPLE en masse; hope for any such awakening on a single issue is not likely to reach any critical mass.
Even Sun Tzu’s the Art of War explains that the Master General needs the cause that will make THE PEOPLE willing to give their Sons and Silver.
A Second Delegate, motivated by the exposure of the lawlessness of the Courts and the Executive Branch declared the circumstance was sufficient for the Continental Congress adopting a Declaration of Non-Compliance.
Mr. Dickstein had no comment to this, but the Delegate did go on to the point that such a Declaration meant that the signers would not comply with anything from the Federal Government whatsoever at whatever peril may befall the signer.
Such sounds like the self-sacrifice and slow martyrdom I am living everyday.
I cannot recommend this. I do not believe that any popular movement and uprising can be constructed upon this AT THIS PRESENT TIME.
While the idea is 1) well grounded in the Magna Carta and the Declaration of Independence, 2) is not a singular issue activity, and 3) it might be successful for people on a State by state basis, not requiring actions by another state to be successful, THE PEOPLE as of yet are not in a position to adopt a confrontational posture such as facing arrest, trial, and time in a federal prison. That is clear and has been for the past 30 years of the Liberty Movement.
The same is true for the Delegate who brought up declaring War against the Government, by quoting the Declaration of Independence.
Even the Founders in 1774-1775 struggled with the notion of Independence and War.
It was Concord Bridge where the surprise wind of change occurred, and they saw what THE PEOPLE were willing to do. Only then did a draft of a Declaration make it to a Vote.
Different Circumstances – Same Game
At this time, place and circumstance of America, things are different from a Parliament and a King in 1776.
In Washington, those are OUR OFFICES, OUR SEALS, OUR FLAGS which the abrogators/usurpers/traitors/mutineers/pirates have stolen!
They have taken Oaths and have commandeered the vessel and its mission. Should we declare War on the Vessel?
The Biggest Lie of All
They have the moral high ground of Capitol Hill.
They have the Bridge Deck for all to see and tell THE PEOPLE their actions are legitimate because they were voted in democratically, that the RIGHTS of THE PEOPLE were contracted to these elected representatives to dispose of at their will when THE PEOPLE voted them into office.
Since the U.S. Supreme Court has stated that such is the case with one Right, how much more true is their intolerance when all Rights except voting rights are waived by voting?
THE PEOPLE have been stupefied (made Stupid) by being taught lies from the beginning.
Education is Truth
THE PEOPLE must be educated out of the lie, that they contracted their RIGHTS to be disposed of by vote to elected officials.
THE PEOPLE have been educated by (‘government stupefication’- if I may say) into the lie that the Congress has plenary (complete) control over everything and is not a legislature of limitations as a Republic is, and guaranteed by Constitution to be.
So, to lead this Nation to reclaim the RIGHT of THE PEOPLE Education will have to precede Action…unless…
even then success of the Action will require specific elements:
Popular Support – it must have the support of a very large body of the population, either on a singular issue or multiple issues.
Low Time Treasure, and Talent costs – it must be easy, not consume a large amount of time, money, and require a special ability of each individual.
Low Intensity/Risk – participation in the action carries a low or reasonably survivable Risk to the individual, if unsuccessful.
Reasonable – the action itself is well grounded in thought and reason to fuel its own growth into a mass uprising (education).
Petitions for Recall Fit the Requirements
The mutiny of U.S. Congress, Courts, and the Executive against the Supreme Law of OUR Rights, Liberty, Tranquility, and Prosperity is clear and present.
1 to 3.6 Million People on 9/12/09 were able to take the time and treasure to fill Washington D.C. and make clear that THE PEOPLE will unite against the Government on multiple issues for the resolution of Self-Governance and Liberty, to get the government out of their lives.
That body of the populace has stated that they are willing to take Action of Vote, which is similar to the Petition, in order to make their voices heard.
The Petition signing act is very low cost in Time and Treasure for the individual signer, and the length of the Petition is the minimum amount of time and talent required to fully participate.
The Petition signing act is low intensity and Risk. There is no violation of any unconstitutional law by signing the Petition. It carries no action that should make any fear prosecution for being a part.
Leadership
The body of the discontented PEOPLE is leaderless precisely because the discontent of THE PEOPLE is pursuant to so many different issues, and Organizations are single issue entities.
This is the Time, this is the Place, to unite THE PEOPLE on the singular issue of government interference and Control of their Lives and Liberty. Never before, have so many, been so enraged, by so much committed against them, by so few.
To lead them to victory, one must be able to hold them together against a defined common foe; Centralized Government Authority over their lives.
The diversity of the Continental Congress is the microcosm of the groups and States, where varied issues and body politics all converge and meet.
To be successful, the Continental Congress needs THE PEOPLE, popular support, an en masse movement, which is already afoot and ready for the low intensity action of the Petitions.
I might be wrong in all of this, but…It is my belief that THE PEOPLE cannot have their lives of tranquility and prosperity, as promised, as long as the Pirates and Traitors have possession of the stolen property of OUR Offices, Seals, and Flags, or have not at least made a great and valiant attempt to TAKE THEM BACK, even it only to be further insulted by government ever swelling their ranks.
Resistance will get the Governor Recalled and the numbers of THE PEOPLE should force State Legislative Officials on to the Side of THE PEOPLE. Such may well begin the retaking of the States that Judge Andrew Napolitano has spoken of.
There is much that the Petitions function for, and rejection is not a dead end.
Ponder carefully your course of Action Delegates.
Restrain your emotions.
There is an Army out here who will be lead by Leaders who recommend reasonable action, even action that is slowly graduated in risk and intensity, as the Rogue Government ratchets up its insults to the Rights of THE PEOPLE.
GOD’s Speed Delegates
Not having internet, I have been able to hear a little bit of audio through telephone from a friend.
With particularity the most interesting words came from comments or questions of Delegates after the presentation of a man who respects me enough to pick up the phone when I call; Mr. Jeff Dickstein.
One Delegate commented about a State nullifying the Amendment of the Constitution in question, to which Mr. Dickstein commented that such was tried in a state, but there was not enough support of THE PEOPLE to get the idea rolling forward and success would require many other states with motivation of THE PEOPLE to get the same thing going.
Thus, the missing ingredients for this Congress to be successful on that issue is:
a.) popular support; and;
b.) many states active at the same time.
Being that the issue is the income tax, and not everyone pays that or is interested, which is why the U.S. Department of Justice has trampled the First Amendment activities of the tax activist community, decimating it, without so much as a whimper of outcry of THE PEOPLE en masse; hope for any such awakening on a single issue is not likely to reach any critical mass.
Even Sun Tzu’s the Art of War explains that the Master General needs the cause that will make THE PEOPLE willing to give their Sons and Silver.
A Second Delegate, motivated by the exposure of the lawlessness of the Courts and the Executive Branch declared the circumstance was sufficient for the Continental Congress adopting a Declaration of Non-Compliance.
Mr. Dickstein had no comment to this, but the Delegate did go on to the point that such a Declaration meant that the signers would not comply with anything from the Federal Government whatsoever at whatever peril may befall the signer.
Such sounds like the self-sacrifice and slow martyrdom I am living everyday.
I cannot recommend this. I do not believe that any popular movement and uprising can be constructed upon this AT THIS PRESENT TIME.
While the idea is 1) well grounded in the Magna Carta and the Declaration of Independence, 2) is not a singular issue activity, and 3) it might be successful for people on a State by state basis, not requiring actions by another state to be successful, THE PEOPLE as of yet are not in a position to adopt a confrontational posture such as facing arrest, trial, and time in a federal prison. That is clear and has been for the past 30 years of the Liberty Movement.
The same is true for the Delegate who brought up declaring War against the Government, by quoting the Declaration of Independence.
Even the Founders in 1774-1775 struggled with the notion of Independence and War.
It was Concord Bridge where the surprise wind of change occurred, and they saw what THE PEOPLE were willing to do. Only then did a draft of a Declaration make it to a Vote.
Different Circumstances – Same Game
At this time, place and circumstance of America, things are different from a Parliament and a King in 1776.
In Washington, those are OUR OFFICES, OUR SEALS, OUR FLAGS which the abrogators/usurpers/traitors/mutineers/pirates have stolen!
They have taken Oaths and have commandeered the vessel and its mission. Should we declare War on the Vessel?
The Biggest Lie of All
They have the moral high ground of Capitol Hill.
They have the Bridge Deck for all to see and tell THE PEOPLE their actions are legitimate because they were voted in democratically, that the RIGHTS of THE PEOPLE were contracted to these elected representatives to dispose of at their will when THE PEOPLE voted them into office.
"We find it intolerable that one Constitutional Right should have to be surrendered in order to assert another." Simons v. United States, 390 US 377, 394 (1968)
Since the U.S. Supreme Court has stated that such is the case with one Right, how much more true is their intolerance when all Rights except voting rights are waived by voting?
THE PEOPLE have been stupefied (made Stupid) by being taught lies from the beginning.
Education is Truth
THE PEOPLE must be educated out of the lie, that they contracted their RIGHTS to be disposed of by vote to elected officials.
THE PEOPLE have been educated by (‘government stupefication’- if I may say) into the lie that the Congress has plenary (complete) control over everything and is not a legislature of limitations as a Republic is, and guaranteed by Constitution to be.
So, to lead this Nation to reclaim the RIGHT of THE PEOPLE Education will have to precede Action…unless…
the Continental Congress adopts a method of action that is also Education at the same time.
even then success of the Action will require specific elements:
Popular Support – it must have the support of a very large body of the population, either on a singular issue or multiple issues.
Low Time Treasure, and Talent costs – it must be easy, not consume a large amount of time, money, and require a special ability of each individual.
Low Intensity/Risk – participation in the action carries a low or reasonably survivable Risk to the individual, if unsuccessful.
Reasonable – the action itself is well grounded in thought and reason to fuel its own growth into a mass uprising (education).
Petitions for Recall Fit the Requirements
The mutiny of U.S. Congress, Courts, and the Executive against the Supreme Law of OUR Rights, Liberty, Tranquility, and Prosperity is clear and present.
1 to 3.6 Million People on 9/12/09 were able to take the time and treasure to fill Washington D.C. and make clear that THE PEOPLE will unite against the Government on multiple issues for the resolution of Self-Governance and Liberty, to get the government out of their lives.
That body of the populace has stated that they are willing to take Action of Vote, which is similar to the Petition, in order to make their voices heard.
The Petition signing act is very low cost in Time and Treasure for the individual signer, and the length of the Petition is the minimum amount of time and talent required to fully participate.
The Petition signing act is low intensity and Risk. There is no violation of any unconstitutional law by signing the Petition. It carries no action that should make any fear prosecution for being a part.
Leadership
The body of the discontented PEOPLE is leaderless precisely because the discontent of THE PEOPLE is pursuant to so many different issues, and Organizations are single issue entities.
This is the Time, this is the Place, to unite THE PEOPLE on the singular issue of government interference and Control of their Lives and Liberty. Never before, have so many, been so enraged, by so much committed against them, by so few.
To lead them to victory, one must be able to hold them together against a defined common foe; Centralized Government Authority over their lives.
The diversity of the Continental Congress is the microcosm of the groups and States, where varied issues and body politics all converge and meet.
To be successful, the Continental Congress needs THE PEOPLE, popular support, an en masse movement, which is already afoot and ready for the low intensity action of the Petitions.
I might be wrong in all of this, but…It is my belief that THE PEOPLE cannot have their lives of tranquility and prosperity, as promised, as long as the Pirates and Traitors have possession of the stolen property of OUR Offices, Seals, and Flags, or have not at least made a great and valiant attempt to TAKE THEM BACK, even it only to be further insulted by government ever swelling their ranks.
Resistance will get the Governor Recalled and the numbers of THE PEOPLE should force State Legislative Officials on to the Side of THE PEOPLE. Such may well begin the retaking of the States that Judge Andrew Napolitano has spoken of.
There is much that the Petitions function for, and rejection is not a dead end.
Ponder carefully your course of Action Delegates.
Restrain your emotions.
There is an Army out here who will be lead by Leaders who recommend reasonable action, even action that is slowly graduated in risk and intensity, as the Rogue Government ratchets up its insults to the Rights of THE PEOPLE.
GOD’s Speed Delegates
Friday, November 13, 2009
The Cause of the Petitions and Continental Congress
Before I begin my article I wanted to make things easy for the people who are trying to catch up on the Blog, as the prior Articles on the Blog are not time sensitive, and carry a lot of explanation of things that will help the interested Reader.
So here is the hyperlinked list:
RECALL U.S. SENATORS NOW
This was expected
Judicial and Legislative Tyranny
E. Pluribus Unum - The Spirit of 9-12-2009
You say you want a Revolution?… (Just who are the Revolutionaries)
They will say you want a Civil War…
Petition Structure and Substance
The Ultimate Despised Petition
Judge Proves In Perpetuum
__________________________________________________
The cause of the Petitions and the Continental Congress are one in the same.
The fact is that despite the authors of the Constitution and the Founders best efforts at making a system of Checks and Balances, something has seeped into the function of government that has made checks and balances to be a cruel hoax. A sick joke.
One of the Founders in particular (perhaps Benjamin Franklin), or someone in the Pennsylvania Constitutional Convention (1776) either understood the problem with checks and balances being left only in the laps of those being paid to exercise power, and therefore gave everyone in the Convention an education to the point that they adopted a clause that created a "Council of Censors".
The job was simple, The only function of this body was just like a Police Citizens Review Committee. To identify and root out perpetrators of wrong acts.
In previous articles I did show some comments about the Magna Carta from Sir Winston Churchill, which shows the foundational concept of the limitation of legislative authority over Rights and the authority of any and all persons to enforce the constitution of the nation as constructed on fundamental law.
Whether one see Churchill as his enemy who agrees with our Rights being the SUPREME LAW, or an ally of Freedom, the fact of the inviolate nature of Rights in the face of legislative tyranny are still made clear.
The History of America has shown us that Checks and Balances have failed, whether the person is elected into Office or Appointed to the High Court, there is no difference. There is no shelter for any within and without government who point out the lawlessness.
Apparently, since the Constitution does not enforce itself, it appears that the only Amendment needed is for the Creation of a Council of Censors with a Police/Guard Force, Prison, and Prosecutor (hopefully a non-lawyer) to try the perpetrators of Crimes against THE PEOPLE, before a Jury under common-law.
In matter after matter, we have seen with amazement that the Congress cannot agree to do anything correct, but has no problem agreeing to give themselves raises and enrich their power and purses of friends.
We have seen that despite Constitution, Statute, U.S. Supreme Court Precedent, and Treaty, that we of THE PEOPLE with the most biting issues are ignored by the courts.
Meanwhile, the Executive Branch glories in its power and control to harass and oppress the people with the powers unlawfully seized by the Congress.
It is my hope that the Continental Congress will be the beginning and center point of a movement that finally shows THE PEOPLE a means of enforcement of the fundamental law which is THEIR RIGHTS.
(No, that is not a typographical error. Your Rights are the Fundamental Law that can never be changed by any vote of any body of human beings.)
It is my hope that one day soon the concerned People of America will concurrently implement the Recall Petitions herein to enforce their demand for a real choice and real election, not the same insanity of voting back and forth for either of the two criminal gangs who have brought this nation to ruin.
So here is the hyperlinked list:
RECALL U.S. SENATORS NOW
This was expected
Judicial and Legislative Tyranny
E. Pluribus Unum - The Spirit of 9-12-2009
You say you want a Revolution?… (Just who are the Revolutionaries)
They will say you want a Civil War…
Petition Structure and Substance
The Ultimate Despised Petition
Judge Proves In Perpetuum
__________________________________________________
THE ARTICLE STARTS HERE
The cause of the Petitions and the Continental Congress are one in the same.
The fact is that despite the authors of the Constitution and the Founders best efforts at making a system of Checks and Balances, something has seeped into the function of government that has made checks and balances to be a cruel hoax. A sick joke.
One of the Founders in particular (perhaps Benjamin Franklin), or someone in the Pennsylvania Constitutional Convention (1776) either understood the problem with checks and balances being left only in the laps of those being paid to exercise power, and therefore gave everyone in the Convention an education to the point that they adopted a clause that created a "Council of Censors".
“SECT. 47. In order that the freedom of the commonwealth may be preserved inviolate forever, there shall be chosen by ballot by the freemen … called the COUNCIL OF CENSORS… whose duty it shall be to enquire whether the constitution has been preserved inviolate in every part; and whether the legislative and executive branches of government have performed their duty as guardians of the people, or assumed to themselves, or exercised other or greater powers than they are intitled (sic) to by the constitution: They are also to enquire whether the public taxes have been justly laid and collected in all parts of this commonwealth, in what manner the public monies have been disposed of, and whether the laws have been duly executed… they shall have power to send for persons, papers, and records; they shall-have authority to pass public censures, to order impeachments, and to recommend to the legislature the repealing such laws as appear to them to have been enacted contrary to the principles of the constitution.”
The job was simple, The only function of this body was just like a Police Citizens Review Committee. To identify and root out perpetrators of wrong acts.
In previous articles I did show some comments about the Magna Carta from Sir Winston Churchill, which shows the foundational concept of the limitation of legislative authority over Rights and the authority of any and all persons to enforce the constitution of the nation as constructed on fundamental law.
Whether one see Churchill as his enemy who agrees with our Rights being the SUPREME LAW, or an ally of Freedom, the fact of the inviolate nature of Rights in the face of legislative tyranny are still made clear.
The History of America has shown us that Checks and Balances have failed, whether the person is elected into Office or Appointed to the High Court, there is no difference. There is no shelter for any within and without government who point out the lawlessness.
Apparently, since the Constitution does not enforce itself, it appears that the only Amendment needed is for the Creation of a Council of Censors with a Police/Guard Force, Prison, and Prosecutor (hopefully a non-lawyer) to try the perpetrators of Crimes against THE PEOPLE, before a Jury under common-law.
In matter after matter, we have seen with amazement that the Congress cannot agree to do anything correct, but has no problem agreeing to give themselves raises and enrich their power and purses of friends.
We have seen that despite Constitution, Statute, U.S. Supreme Court Precedent, and Treaty, that we of THE PEOPLE with the most biting issues are ignored by the courts.
Meanwhile, the Executive Branch glories in its power and control to harass and oppress the people with the powers unlawfully seized by the Congress.
It is my hope that the Continental Congress will be the beginning and center point of a movement that finally shows THE PEOPLE a means of enforcement of the fundamental law which is THEIR RIGHTS.
(No, that is not a typographical error. Your Rights are the Fundamental Law that can never be changed by any vote of any body of human beings.)
It is my hope that one day soon the concerned People of America will concurrently implement the Recall Petitions herein to enforce their demand for a real choice and real election, not the same insanity of voting back and forth for either of the two criminal gangs who have brought this nation to ruin.
Thursday, November 5, 2009
Judge Proves In Perpetuum
The point of the Petitions drawing the lines for the impending Battle:
Statutory Law v. Natural Law/Fundamental Law/Unalienable In Perpetuum Rights
The Regulation of Liberty and Freedom is the destruction of Liberty and Freedom.
Stand up and be counted.
Support the adoption of the Petitions by the Continental Congress.
The Government is the insidious enemey as he points out.
Statutory Law v. Natural Law/Fundamental Law/Unalienable In Perpetuum Rights
The Regulation of Liberty and Freedom is the destruction of Liberty and Freedom.
Stand up and be counted.
Support the adoption of the Petitions by the Continental Congress.
The Government is the insidious enemey as he points out.
Tuesday, November 3, 2009
The Ultimate Despised Petition
Previously, I left off a prior article with this:
"Here is a law which is above the King and Parliament, and which even He and They must not and may not legally break. And in the event they or anyone else were to try to abrogate it, such attempt at abrogation shall have no force nor effect [1297] and can be safely ignored with no legal ill effect. In addition, in the event of successful attempts at abrogation of such liberties, customs, or rights, the King has commanded and do hereby compel any and all subjects to swear oath to join the barons to assail the properties and persons and families of those (saving the King, Queen and the royal children) who had successfully completed such abrogation, including but not limited to that of the individual Members of Parliament who had voted in favor of any such successful attempts at abrogation [1215]. This reaffirmation of a supreme law and its expression in a general charter is the great work of Magna Carta; and this alone justifies the respect in which men have held it."
--Quote by Sir Winston Churchill, 1956
This comment about section 61 of the Magna Carta leaves the reader with an uncomfortable vision of public unrest and convulsion.
This was in the original Magna Carta, and removed in the subsequent re-issues by the Crown.
Since America exists today by the Declaration of Independence, it is clear that the Founders of America had resurrected Article 61, having had enough of the game being played by “British Rules.” (constantly changing as you go along)
The state of New Hampshire seems to have understood that this provision of law is alive and well:
Also Maryland:
Pennsylvania said:
Tennessee as well:
Georgia:
New Jersey:
Virginia:
The reasoning supporting this idea of government FOR THE PEOPLE, BY THE PEOPLE, against the notion of eternal struggle against the Right of Kings was also addressed in the Founding of the States:
New Jersey:
“…allegiance and protection are, in the nature of things, reciprocal ties, each equally depending upon the other, and liable to be dissolved by the others being refused or withdrawn.”
Georgia:
North Carolina:
New Hampshire:
Here is a little comment from Virginia that reveals not only the breadth of UNALIENABLE, but also the limitations of societal contracts on UNALIENABLE Rights:
Thus, just as West Virginia Board of Education v. Barnette explained (where the Nazi-like salute to the Flag was struck by the high Court), Civil War or no Civil War, the form of the government being about UNALIENABLE RIGHTS, never has gone away.
It is then significant that Magna Carta as represented above by Sir Winston Churchill well reveals the first of despised petitions is non compliance:
such a course of action is a nice idea if the Jury was not usurped as the Courts have cultivated and allowed. (That is addressed in the Causes of the Petitions.)
This leaves the act of War against the Legislators, Courts, and Executives as the final course of action against the usurpers of OUR GOVERNMENT; WE THE PEOPLE and OUR UNALIENABLE RIGHTS.
Who is ready to risk all against the usurpers in their kangaroo Courts? None.
Who is ready to be violent? Hopefully none.
For over 30 years the Patriots who have chosen those courses are buried or waste in prison as this Author may soon be doing, and THE PEOPLE do nothing still.
But we are still not at that final place yet.
Such is why I have created the Petitions for Recall.
The author senses that because so many have awakened these Petitions for Recall have a chance of changing the circumstances. That they are the final option as a political reality, as well as an educational toolof reforming our minds. Not just educational when the usurping government slaps THE PEOPLE yet again in the face, but educational in providing conviction in the hearts of those who hurt enough in these circumstances that they are drawn to demand action and can identify real action that will reform the government.
The Continental Congress will meet in just over a week 2009 to try and devise a course of action. Well folks, successful action is going to require inclusion and motivation of the largest numbers of people, now that so many are awakened to the immediacy of Reform.
The causes of the Patriots in the past seemed too light for the forcing of change by the majority enjoying their materialism. With the States now on the verge of collapse, the weight of current events have drawn more of the PEOPLE out into the streets clamoring for actual change of direction, not just the change of the individuals who are beating the life out of THE PEOPLE. (This past election, THE PEOPLE vote to have the guy on the left beat on them for a while, and in 7 short months they tired of that.)
Perhaps these Petitions will provide America with the foundational education that is needed to avoid the Magna Carta Article 61 option.
If the groups clamoring for reform do not pick up on the idea of these Petitions, we will just see THE PEOPLE ask the guy on the Right to take over for a while yet again. (No difference in that, just look at his deficit spending.)
Conditions as deteriorated as they are, and government persists, I will then expect convulsive violence, as so many do not trust the government or either of the two gangs any more, and they as individuals will be out of money to have time to buy the next false promise.
If the dollar collapse presses the no confidence vote in a collapsed government, THE PEOPLE will have no choice but to ignore all of the laws and government intrusion that is between them and survival. Without an education of fundamental Law of UNALIENABLE, what America will be will not be Anarchy, but will be lawless chaos.
The only difference between these two futures is a national cohesive group taking action in proper lawful light.
"Here is a law which is above the King and Parliament, and which even He and They must not and may not legally break. And in the event they or anyone else were to try to abrogate it, such attempt at abrogation shall have no force nor effect [1297] and can be safely ignored with no legal ill effect. In addition, in the event of successful attempts at abrogation of such liberties, customs, or rights, the King has commanded and do hereby compel any and all subjects to swear oath to join the barons to assail the properties and persons and families of those (saving the King, Queen and the royal children) who had successfully completed such abrogation, including but not limited to that of the individual Members of Parliament who had voted in favor of any such successful attempts at abrogation [1215]. This reaffirmation of a supreme law and its expression in a general charter is the great work of Magna Carta; and this alone justifies the respect in which men have held it."
--Quote by Sir Winston Churchill, 1956
This comment about section 61 of the Magna Carta leaves the reader with an uncomfortable vision of public unrest and convulsion.
This was in the original Magna Carta, and removed in the subsequent re-issues by the Crown.
Since America exists today by the Declaration of Independence, it is clear that the Founders of America had resurrected Article 61, having had enough of the game being played by “British Rules.” (constantly changing as you go along)
The state of New Hampshire seems to have understood that this provision of law is alive and well:
"10. Government being instituted for the common benefit, protection, and security, of the whole community, and not for the private interest or emolument of any one man, family, or class of men; therefore, whenever the ends of government are perverted, and public liberty manifestly endangered, and all other means of redress are ineffectual, the people may, and of right ought to reform the old, or establish a new government. The doctrine of nonresistance against arbitrary power, and oppression, is absurd, slavish, and destructive of the good and happiness of mankind."
Also Maryland:
"IV. That all persons invested with the legislative or executive powers of government are the trustees of the public, and, as such, accountable for their conduct; wherefore, whenever the ends of government are perverted, and public liberty manifestly endangered, and all other means of redress are ineffectual, the people may, and of right ought, to reform the old or establish a new government. The doctrine of non-resistance, against arbitrary power and oppression, is absurd, slavish, and destructive of the good and happiness of mankind."
Pennsylvania said:
"VI. That those who are employed in the legislative and executive business of the State, may be restrained from oppression, the people have a right, at such periods as they may think proper, to reduce their public officers to a private station,"
Tennessee as well:
"II. That government being instituted for the common benefit, the doctrine of non-resistance against arbitrary power and oppression, is absurd, slavish and destructive to the good and happiness of mankind."
2. God has ordained that men shall live under government; but as the forms and administration of civil government are in human, and therefore, fallible hands, they may be altered, or modified whenever the safety or happiness of the governed requires it. No government should be changed for light or transient causes; nor unless upon reasonable assurance that a better will be established.
New Jersey:
"2. a. 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 at all times to alter or reform the same, whenever the public good may require it."
"SEC. 3. That government is, or ought to be, instituted for the common benefit, protection, and security of the people, nation, or community; of all the various modes and forms of government, that is best which is capable of producing the greatest degree of happiness and safety, and is most effectually secured against the danger of maladministration; and that, when any government shall be found inadequate or contrary to these purposes, a majority of the community hath an indubitable, inalienable, and indefeasible right to reform, alter, or abolish it, in such manner as shall be judged most conducive to the public weal."
The reasoning supporting this idea of government FOR THE PEOPLE, BY THE PEOPLE, against the notion of eternal struggle against the Right of Kings was also addressed in the Founding of the States:
New Jersey:
“…allegiance and protection are, in the nature of things, reciprocal ties, each equally depending upon the other, and liable to be dissolved by the others being refused or withdrawn.”
Georgia:
“3. Protection to person and property is the duty of Government; and a Government which knowingly and persistently denies, or withholds from the governed such protection, when within its power, releases from the obligation of obedience.”
North Carolina:
“Whereas, allegiance and protection are in their nature reciprocal, and the one should of right be refused when the other is withdrawn;"
New Hampshire:
“3. When men enter into a state of society, they surrender up some of their natural rights to that society, in order to ensure the protection of others; and, without such an equivalent, the surrender is void.”
"SECTION 1. That all men are by nature equally free and independent, and have certain inherent rights, of which, when they enter into a state of society, they cannot, by any compact, deprive or divest their posterity, namely, the enjoyment of life and liberty, with the means of acquiring and possessing property, and pursuing and obtaining happiness and safety."
Thus, just as West Virginia Board of Education v. Barnette explained (where the Nazi-like salute to the Flag was struck by the high Court), Civil War or no Civil War, the form of the government being about UNALIENABLE RIGHTS, never has gone away.
It is then significant that Magna Carta as represented above by Sir Winston Churchill well reveals the first of despised petitions is non compliance:
“...at abrogation shall have no force nor effect [1297] and can be safely ignored with no legal ill effect”
This leaves the act of War against the Legislators, Courts, and Executives as the final course of action against the usurpers of OUR GOVERNMENT; WE THE PEOPLE and OUR UNALIENABLE RIGHTS.
Who is ready to risk all against the usurpers in their kangaroo Courts? None.
Who is ready to be violent? Hopefully none.
For over 30 years the Patriots who have chosen those courses are buried or waste in prison as this Author may soon be doing, and THE PEOPLE do nothing still.
But we are still not at that final place yet.
Such is why I have created the Petitions for Recall.
The author senses that because so many have awakened these Petitions for Recall have a chance of changing the circumstances. That they are the final option as a political reality, as well as an educational toolof reforming our minds. Not just educational when the usurping government slaps THE PEOPLE yet again in the face, but educational in providing conviction in the hearts of those who hurt enough in these circumstances that they are drawn to demand action and can identify real action that will reform the government.
The Continental Congress will meet in just over a week 2009 to try and devise a course of action. Well folks, successful action is going to require inclusion and motivation of the largest numbers of people, now that so many are awakened to the immediacy of Reform.
The causes of the Patriots in the past seemed too light for the forcing of change by the majority enjoying their materialism. With the States now on the verge of collapse, the weight of current events have drawn more of the PEOPLE out into the streets clamoring for actual change of direction, not just the change of the individuals who are beating the life out of THE PEOPLE. (This past election, THE PEOPLE vote to have the guy on the left beat on them for a while, and in 7 short months they tired of that.)
Perhaps these Petitions will provide America with the foundational education that is needed to avoid the Magna Carta Article 61 option.
If the groups clamoring for reform do not pick up on the idea of these Petitions, we will just see THE PEOPLE ask the guy on the Right to take over for a while yet again. (No difference in that, just look at his deficit spending.)
Conditions as deteriorated as they are, and government persists, I will then expect convulsive violence, as so many do not trust the government or either of the two gangs any more, and they as individuals will be out of money to have time to buy the next false promise.
If the dollar collapse presses the no confidence vote in a collapsed government, THE PEOPLE will have no choice but to ignore all of the laws and government intrusion that is between them and survival. Without an education of fundamental Law of UNALIENABLE, what America will be will not be Anarchy, but will be lawless chaos.
The only difference between these two futures is a national cohesive group taking action in proper lawful light.
Saturday, October 31, 2009
Petition Structure and Substance
As the groups who are interested in the Recall Petitions gather and examine these first drafts here at inperpetuumright.blogspot.com, there are obvious questions of structure and substance.
While the author has done considerable research in support of the cause of these Petitions it is well understood that each State, and each group that might adopt this cause may make some alterations.
Uniformity being the key to cooperation between the groups, and cooperation being the key to the success of gathering the maximum number of signatures, most of these Petitions follow the same basic format, save a little adjustment to Michigan and New Hampshire are probably in order.
Someone wrote to me and made the usual complaint of the use of big words that People do not know the meaning of, like PREAMBLE.
The preamble is a beginning paragraph of a document that explains its purpose. Most Constitutions have preambles, and some Bills of Rights as well.
The substance of the Preamble of the Petitions are basically the same from State to State depending upon if it was an Original State, a free standing State prior to entry into the Union (CA TX, TN), or a State formed from a Territory. So a study of the Petitions will lead to recognition of three basic differences.
It must be noted, that through the influence of Hello Michigan Blog, that the latter part of the language of the Preamble was taken from an opinion piece written by Steven J Silva, "‘We the People’ must defend the U.S. Constitution". Mr. Silva is a Delegate to the CC2009 for New Jersey.
The language was befitting and to the point as to who is to blame for the problems of this nation. Therefore, it is time to empower THE PEOPLE Beyond the Vote
This second section of the Petition for Recall was an apparent elaboration of the first part of the Preamble.
Whatever it is that we seek to do as THE PEOPLE needs to be grounded in law.
In this case the debate at formation of the document was statutory law verses common-law/fundamental law and Right.
It is for this reason that the statutory laws of each state were not consulted in the end. Many States have laws governing Recall Elections, and the process of creating the Petition is long and drawn out and the language has to be approved by the Secretary of State and then a Recall Election is scheduled.
As the reader may have noted, this is not the request for a Recall Election/referendum as one will find in the present New Jersey Bill of Rights which only requires 25% of the voters to call for a Recall Election.
This Petition process is to cause the exposure of an even greater groundswell, and we want these People out, NOW! To be replaced by THE PEOPLE not the governor.
To achieve this the author was originally looking at just the fact that THE PEOPLE now elect the Senators by Popular vote (it used to be the State Legislatures that did this), therefore the Senators are directly accountable to THE PEOPLE.
To confirm this Right it was decided that he would set out to look at each State’s Original Constitution to place before all the fact that it was THE PEOPLE who created the Government and all government is accountable to them at all times.
He believes that he has achieved this objective.
After floating the idea nationally, one Patriot leader dismissed the effort claiming that the Courts have decided that THE PEOPLE cannot recall their Senators because the Constitution does not contain language to allow that.
In response, and using California Constitution and Article IX of the Bill of Rights (1789) as an Example, the reasoning of the Court is outrageous:
So, this section is not about asking Courts or Elected officials for permission to have our country and our UNALIENABLE RIGHTS back.
There is little doubt that the government will resist an effort such as this, but…judging from the ground swell of America who has awakened to the fraud that this government is, they will resist the effort only to swell our ranks, increase the outrage of THE PEOPLE, and at their own peril.
Reformation does not come without pain and struggle. Like a junkie getting off the stuff, there will be pain, but reformation will put an end to the game of the two gang system who both profit from our ignorance and their wars against our Freedoms.
The most important part of the causes was to make each one regarding a Constitutional violation by the Senate of UNALIENABLE Rights.
Some have said that some of the causes constructed by the author are “political” and not constitutional.
I find this hard to believe since the Constitution has over 40 statements against the Congress in that it shall not do this that or the other thing.
I find such a conclusion against the causes to generally be uninformed since the Congress really has no power to influence circumstances of THE PEOPLE of the States except by the Commerce Clause.
So when examining the CAUSES section, keep this in mind, the Congress is limited in its legislative authority by the Constitution.
Don’t believe me, take a look at this:
So what about this circumstance where the Courts have ignored their duties under Byars and Mugler above, and not kept the statutory law in check against the encroachment upon our liberties?
Such a notion is not alien to our laws as Mugler shows, as well as this following case on Habeas Corpus:
Government oppression is endemic in any place where there is power. Unfortunately for America the Courts are equally oppressive as the Legislature. There is no difference between them, probably because lawyers infest both of these branches of government.
The Jury was supposed to guard against that result, but the Recall Petition shows the War that the Senate has allowed to run against THE PEOPLE that way.
It is made clear by the Constitutions of the States, government exists for the Peace, Tranquility, and Prosperity of THE PEOPLE. This is the criteria by which the Senate was supposed to vote within the confines of the Legislative Estate.
They have oft traveled far off the plantation.
It was the authors effort to wrap up the Petition with an even more simplified conclusion than Preamble.
With the facts being well addressed in the Command of Right and CAUSES section, it only bears reiteration that WE are THE PEOPLE. THE PEOPLE are the government (thus the People can never be accused of treason, rebellion, or insurrection).
This idea is old and accepted, coming from the Magna Carta Article 61. I close this Article with this despised petition:
While the author has done considerable research in support of the cause of these Petitions it is well understood that each State, and each group that might adopt this cause may make some alterations.
Uniformity being the key to cooperation between the groups, and cooperation being the key to the success of gathering the maximum number of signatures, most of these Petitions follow the same basic format, save a little adjustment to Michigan and New Hampshire are probably in order.
PREAMBLE
Someone wrote to me and made the usual complaint of the use of big words that People do not know the meaning of, like PREAMBLE.
The preamble is a beginning paragraph of a document that explains its purpose. Most Constitutions have preambles, and some Bills of Rights as well.
The substance of the Preamble of the Petitions are basically the same from State to State depending upon if it was an Original State, a free standing State prior to entry into the Union (CA TX, TN), or a State formed from a Territory. So a study of the Petitions will lead to recognition of three basic differences.
It must be noted, that through the influence of Hello Michigan Blog, that the latter part of the language of the Preamble was taken from an opinion piece written by Steven J Silva, "‘We the People’ must defend the U.S. Constitution". Mr. Silva is a Delegate to the CC2009 for New Jersey.
The language was befitting and to the point as to who is to blame for the problems of this nation. Therefore, it is time to empower THE PEOPLE Beyond the Vote
COMMAND OF RIGHT
This second section of the Petition for Recall was an apparent elaboration of the first part of the Preamble.
Whatever it is that we seek to do as THE PEOPLE needs to be grounded in law.
In this case the debate at formation of the document was statutory law verses common-law/fundamental law and Right.
It is for this reason that the statutory laws of each state were not consulted in the end. Many States have laws governing Recall Elections, and the process of creating the Petition is long and drawn out and the language has to be approved by the Secretary of State and then a Recall Election is scheduled.
As the reader may have noted, this is not the request for a Recall Election/referendum as one will find in the present New Jersey Bill of Rights which only requires 25% of the voters to call for a Recall Election.
After the appearance of 3.6 Million People in D.C. and 4 million pink slips being delivered to Congress the groundswell numbers of disaffected and disenfranchised Americans is exposed.
This Petition process is to cause the exposure of an even greater groundswell, and we want these People out, NOW! To be replaced by THE PEOPLE not the governor.
To achieve this the author was originally looking at just the fact that THE PEOPLE now elect the Senators by Popular vote (it used to be the State Legislatures that did this), therefore the Senators are directly accountable to THE PEOPLE.
To confirm this Right it was decided that he would set out to look at each State’s Original Constitution to place before all the fact that it was THE PEOPLE who created the Government and all government is accountable to them at all times.
He believes that he has achieved this objective.
After floating the idea nationally, one Patriot leader dismissed the effort claiming that the Courts have decided that THE PEOPLE cannot recall their Senators because the Constitution does not contain language to allow that.
In response, and using California Constitution and Article IX of the Bill of Rights (1789) as an Example, the reasoning of the Court is outrageous:
Sec. 2. 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.
Sec. 21. This enumeration of rights shall not be construed to impair or deny others retained by the people.
"ARTICLE IX
The enumeration in the Constitution of certain Rights shall not be construed to deny or disparage others retained by the People."
So, this section is not about asking Courts or Elected officials for permission to have our country and our UNALIENABLE RIGHTS back.
It is a COMMAND of RIGHT.
There is little doubt that the government will resist an effort such as this, but…judging from the ground swell of America who has awakened to the fraud that this government is, they will resist the effort only to swell our ranks, increase the outrage of THE PEOPLE, and at their own peril.
Reformation does not come without pain and struggle. Like a junkie getting off the stuff, there will be pain, but reformation will put an end to the game of the two gang system who both profit from our ignorance and their wars against our Freedoms.
CAUSES
The most important part of the causes was to make each one regarding a Constitutional violation by the Senate of UNALIENABLE Rights.
Some have said that some of the causes constructed by the author are “political” and not constitutional.
I find this hard to believe since the Constitution has over 40 statements against the Congress in that it shall not do this that or the other thing.
I find such a conclusion against the causes to generally be uninformed since the Congress really has no power to influence circumstances of THE PEOPLE of the States except by the Commerce Clause.
So when examining the CAUSES section, keep this in mind, the Congress is limited in its legislative authority by the Constitution.
Don’t believe me, take a look at this:
“The government, when so formed, may, and when called upon should, exercise all the powers it has for the protection of the rights of its citizens and the people within its jurisdiction, but it can exercise no other. The duty of a government to afford protection is limited always by the power it possesses for that purpose.” (emphasis added) United States v. Cruikshank, 92 U. S. 542, 549 (1875)
"[T]he court must be vigilant to scrutinize the attendant facts with an eye to detect and a hand to prevent violations of the Constitution by circuitous and indirect methods. Constitutional provisions for the security of person and property are to be liberally construed, and ‘it is the duty of courts to be watchful for the constitutional rights of the citizen, and against any stealthy encroachments thereon.' Boyd v. United States, 116 U.S. 616, 635 , 6 S. Ct. 524, 535 (29 L. Ed. 746); Gouled v. United States, 255 U. S. 304, 41 S. Ct. 261, supra." Byars v. U.S., 273 US 28, 32 (1927)
“It does not at all follow that every statute enacted ostensibly for the promotion of these ends is to be accepted as a legitimate exertion of the police powers of the state. There are, of necessity, limits beyond which legislation cannot rightfully go. While every possible presumption is to be indulged in favor of the validity of a statute, (Sinking Fund Cases, 99 U.S. 718 ,) the courts must obey the constitution rather than the law-making department of government, and must, upon their own responsibility, determine whether, in any particular case, these limits have been passed. 'To what purpose,' it was said in Marbury v. Madison, 1 Cranch, 137, 167, 'are powers limited, and to what purpose is that limitation committed to writing, if these limits may, at any time, be passed by those intended to be restrained? The distinction between a government with limited and unlimited powers is abolished, if those limits do not confine the persons on whom they are imposed, …' The courts are not bound by mere forms, nor are they to be misled by mere pretenses. They are at liberty, indeed, are under a solemn duty, to look at the substance of things, whenever they enter upon the inquiry whether the legislature has transcended the limits of its authority. If, therefore, a statute purporting to have been enacted to protect the public health, the public morals, or the public safety, has no real or substantial relation to those objects, or is a palpable invasion of rights secured by the fundamental law, it is the duty of the courts to so adjudge, and thereby give effect to the constitution.”
Mugler v. Kansas, 123 US 623, 661 (1887)
"It is inconceivable that guaranties embedded in the Constitution of the United States may thus be manipulated out of existence." Frost & Frost Trucking Co. v. Railroad Commission of California, 271 U.S. 583, 271 U.S. 594”
Gomillion v. Lightfoot, 364 U.S. 339, 345 (1960)
"No public policy of a state can be allowed to override the positive guarantees of the U.S. Constitution." 16 Am.Jur. (2nd), Const. Law, § 70
“The very purpose of a Bill of Rights was to withdraw certain subjects from the vicissitudes of political controversy, to place them beyond the reach of majorities and officials and to establish them as legal principles to be applied by the courts. One's right to life, liberty, and property, to free speech, a free press, freedom of worship and assembly, and other fundamental rights may not be submitted to vote; they depend on the outcome of no elections. " (emphasis added)
West Virginia Board of Education v. Barnette,
319 U.S. 624, 638 (1943)(Opinion, J. Jackson)
“His rights are such as existed by the law of the land long antecedent to the organization of the State, and can only be taken away from him by due process of law and in accordance with the Constitution.”
Hale v. Henkle, 201 U.S. 43, 47 1905
"But the fundamental rights to life, liberty, and the pursuit of happiness, considered as individual possessions, are secured by those maxims of constitutional law which are the monuments showing the victorious progress of the race in securing to men the blessings of civilization under the reign of just and equal laws, so that, in the famous language of the Massachusetts bill of rights, the government of the commonwealth 'may be a government of laws and not of men.' For the very idea that one man may be compelled to hold his life, or the means of living, or any material right essential to the enjoyment of life, at the mere will of another, seems to be intolerable in any country where freedom prevails, as being the essence of slavery itself.”
Yick Wo vs. Hopkins, 118 US 356, 370 (1886)
When a Court goes beyond its authority it is called a “usurpation of power” and extraordinary remedy may be invoked. (Will v. United States, 389 U.S. 95-96, (1967))
So what about this circumstance where the Courts have ignored their duties under Byars and Mugler above, and not kept the statutory law in check against the encroachment upon our liberties?
Such a notion is not alien to our laws as Mugler shows, as well as this following case on Habeas Corpus:
“These are not extravagant expressions. Behind them may be discerned the unceasing contest between personal [Page 372 U. S. 401] liberty and government oppression. It is no accident that habeas corpus has, time and again, played a central role in national crises wherein the claims of order and of liberty clash most acutely not only in England in the seventeenth century, [Footnote 8] but also in America from our very beginnings, and today. [Footnote 9] Although in form the Great Writ is simply a mode of procedure, its history is inextricably intertwined with the growth of fundamental rights of personal liberty. For its function has been to provide a prompt and efficacious remedy…”
Fay v. Noia, 372 U.S. 391, 399-401 (1963)
Government oppression is endemic in any place where there is power. Unfortunately for America the Courts are equally oppressive as the Legislature. There is no difference between them, probably because lawyers infest both of these branches of government.
The Jury was supposed to guard against that result, but the Recall Petition shows the War that the Senate has allowed to run against THE PEOPLE that way.
It is made clear by the Constitutions of the States, government exists for the Peace, Tranquility, and Prosperity of THE PEOPLE. This is the criteria by which the Senate was supposed to vote within the confines of the Legislative Estate.
They have oft traveled far off the plantation.
CONCLUSION
It was the authors effort to wrap up the Petition with an even more simplified conclusion than Preamble.
With the facts being well addressed in the Command of Right and CAUSES section, it only bears reiteration that WE are THE PEOPLE. THE PEOPLE are the government (thus the People can never be accused of treason, rebellion, or insurrection).
This idea is old and accepted, coming from the Magna Carta Article 61. I close this Article with this despised petition:
"Here is a law which is above the King and Parliament, and which even He and They must not and may not legally break. And in the event they or anyone else were to try to abrogate it, such attempt at abrogation shall have no force nor effect [1297] and can be safely ignored with no legal ill effect. In addition, in the event of successful attempts at abrogation of such liberties, customs, or rights, the King has commanded and do hereby compel any and all subjects to swear oath to join the barons to assail the properties and persons and families of those (saving the King, Queen and the royal children) who had successfully completed such abrogation, including but not limited to that of the individual Members of Parliament who had voted in favor of any such successful attempts at abrogation [1215]. This reaffirmation of a supreme law and its expression in a general charter is the great work of Magna Carta; and this alone justifies the respect in which men have held it."
--Quote by Sir Winston Churchill, 1956
Wednesday, October 28, 2009
They will say you want a Civil War…
Unlike Revolution, Civil War is not something that we know as a song.
The roots of the pain and suffering that America experienced in the War Between the States (more aptly described as the War of Federal Aggression) rightfully runs deep in America.
It may well explain why it is that society has been not just well restrained, but also politically malleable and open to manipulation by the present political Two Gang system.
While some may find distasteful the reference to the two parties as Gangs who have blighted our Nation and reduced our Freedom to a shadow of an empty promise, it is clear that their mutual target has been our freedom, to give rise to their ever increasing power. The later I find very distasteful and treasonous. Our rediscovery of our Freedom, Power, and Liberty is the solution to the Class Warfare and eventual Civil War that they alone foment.
As for the title of this article, the “They” is the media and government, the “you” is the people like the Continental Congress who have an opportunity to press for an actual change in things for America.
This author has made clear his support for the efforts for a November 2009 Continental Congress. The idea of the Recall Petitions is hoped to be a central theme at this meeting of the elected Delegates from each state.
It is also hoped that the 9-12, Tea Party, and Campaign for Liberty groups will also pick up on this. Reform must come from many directions, and to take hold Freedom and Liberty will have to be the goal, as we can see what strangling centralized regulation has done to America.
There is little doubt that the government (not the media as they will ignore the Continental Congress until the government attacks it publicly) will be seeking to draw this impending gathering in a bad light. I believe that liberal author Michael Blumenthal has already made the rounds on national public radio claiming that the extreme Right and the present Republican Party has it roots in “terrorism” and leaders who endorsed terrorism.
There is little doubt that the government will attempt to call the Congress “Revolutionaries” or that they are trying to start a “Civil War”. This has to be expected, and if the government does not do this then one has to expect the Media to try an paint the Congress as Racists and the like; anything to quash any message that it endeavors to present to THE PEOPLE, just as they did on 9-12 and President Obama told them to stop doing (for it was growing the movement).
Current events have played into the hands of the We The People organization.
By all accounts, the highest number of People in D.C. on 9-12 was per one report 3.6 Million people. (Please note the lack of reports of crime and destruction by the group on 9-12.)
Presently, WorldNetDaily’s effort at pink slipping Congress a threat regarding 2010 elections has reached over 4 Million pink slips from people with $29.95 to spend in sending a message. (Any major media coverage, yet again?)
The numbers support the indication of a present growing trend.
The lack of reaction by those in servant office, and the media, shows that THE PEOPLE and their voice of will is being deliberately ignored and shut out.
It is these people of office and the fourth estate who foment civil unrest, no different from G20 leaders who need to hide behind thousands of armored riot police to protect them from the power of THE PEOPLE.
On the contrary, the Continental Congress, by way of the research provided through the Recall Petitions, has every opportunity to take notice of this following point of fundamental law (power of THE PEOPLE) that appears in almost every original Constitution of the 50 states (except for Alaska, Hawaii, California), and is toned down in some post-‘War of Federal Aggression’ States:
The above is taken from the Original/Organic Nevada Constitution in Article 1 Section 2.
Yet, the following is what is found later in that Article:
This similar claim is found in others such as Idaho:
This is a very interesting statement, since the Constitution has 40 negative statements towards the Congress and restricts the States in only a few aspects in their dealing with each other and abroad. Seems reasonable, a restrained Congress would be great, it is the objective.
It appears that the UNALIENABLE RIGHT of THE PEOPLE as previously established in the Declaration of Independence; that THE PEOPLE have the RIGHT and DUTY to dissolve their polity and connections when circumstances of the perversion of the purpose of government requires it; and in other Constitutions of many other states such as New Hampshire and North Carolina:
somehow has ceased to exist after 1863.
The post-War of Secession Constitutions make it appear that the government is no longer established by THE PEOPLE as shown by the prior Constitutions and even the writings of Henry Campbell Black in 1895 as shown in my blog on Revolution.
In his Chapter 1 definition 3, Mr. Black states:
So how does one justify and correlate the notion of THE PEOPLE creating a Federal Government to be Supreme over them, despite a Bill of Rights which has been stated by the U.S. Supreme Court that no vote of any legislature or any Court, or any supermajority can ever touch UNALIEANBLE Rights (West Virginia Board of Education v. Barnett)?
It would appear that the scholarly and authoritative Mr. Black and his position overrides the Constitutions of states such as Idaho and Nevada and the false notion of Federal Supremacy and Sovereignty over, above, and beyond reach of the People.
On July 1st, 2nd and 3rd of 1863, at Gettysburg, Pennsylvania, over 150 thousand men beset to kill each other over this question.
The words of the final author of Federal Supremacy who brought this land to War against each other, drafted people under Arms even firing Naval guns into New York to quell draft Riots, should be considered. In eulogy for the dead at Gettysburg he wrote:
Reform by the State secession does not work.
Reforming two Gangland Political Parties does not work.
and still, perverted votes do not change Rights of individuals nor THE PEOPLE.
That if America is not the nation where THE PEOPLE are the Sovereigns, then Lincoln was in fact the biggest liar and murderer of his Age.
Since History cannot be altered by revisiting it, the only function that the Continental Congress can perform right now is to vindicate the Rights of THE PEOPLE, before the whole world.
There must be hope that Reform can be real without Civil War. Efforts of the purveyors of lies who seek to stymie the Continental Congress and the final delivery of the freedom promised by our founding documents must be confronted in Truth.
The fundamental law as shown by the foundational documents of the communities who created the States and the Federal Government as WE THE PEOPLE, must be consulted and must be upheld for reform to be lawful and capable of reaching peaceful ends for the prosperity and tranquility of THE PEOPLE. (Imagine that!)
The myth and lie of Federal Supremacy must be purged from the American Experiment if the Nation is to have any hope of a perpetuating Union, for the Federal Government was plainly, by its own Constitution, not created for the casual terrorism, despotism, and misery of THE PEOPLE under color of statutory law of the U.S. Congress, but was created for their happiness, tranquility, and PROSPERITY of THE PEOPLE.
If the Continental Congress fails in Educating THE PEOPLE out of the lie, should it fail to take nonviolent action to help THE PEOPLE reassert their 9th Amendment Right to enforce the societal contract, the misery created by the U.S. Congress will definitely foment Public unrest and rightfully so:
The destruction of our Families, Jobs, and now the government Corporations we bailed out (Fannie Mae and Freddie Mac) casting THE PEOPLE into the streets; these are stories the Media has not covered as caused by the Congress and the prevailing Two Gang system.
Be not deceived anymore America. The issues are just symptoms that they alone have created by their own hand. As the Petitions show, they are the ones who have made War against THE PEOPLE, they are the disease.
The question that remains, can THE PEOPLE be educated to this fact?
The roots of the pain and suffering that America experienced in the War Between the States (more aptly described as the War of Federal Aggression) rightfully runs deep in America.
It may well explain why it is that society has been not just well restrained, but also politically malleable and open to manipulation by the present political Two Gang system.
While some may find distasteful the reference to the two parties as Gangs who have blighted our Nation and reduced our Freedom to a shadow of an empty promise, it is clear that their mutual target has been our freedom, to give rise to their ever increasing power. The later I find very distasteful and treasonous. Our rediscovery of our Freedom, Power, and Liberty is the solution to the Class Warfare and eventual Civil War that they alone foment.
As for the title of this article, the “They” is the media and government, the “you” is the people like the Continental Congress who have an opportunity to press for an actual change in things for America.
This author has made clear his support for the efforts for a November 2009 Continental Congress. The idea of the Recall Petitions is hoped to be a central theme at this meeting of the elected Delegates from each state.
It is also hoped that the 9-12, Tea Party, and Campaign for Liberty groups will also pick up on this. Reform must come from many directions, and to take hold Freedom and Liberty will have to be the goal, as we can see what strangling centralized regulation has done to America.
There is little doubt that the government (not the media as they will ignore the Continental Congress until the government attacks it publicly) will be seeking to draw this impending gathering in a bad light. I believe that liberal author Michael Blumenthal has already made the rounds on national public radio claiming that the extreme Right and the present Republican Party has it roots in “terrorism” and leaders who endorsed terrorism.
There is little doubt that the government will attempt to call the Congress “Revolutionaries” or that they are trying to start a “Civil War”. This has to be expected, and if the government does not do this then one has to expect the Media to try an paint the Congress as Racists and the like; anything to quash any message that it endeavors to present to THE PEOPLE, just as they did on 9-12 and President Obama told them to stop doing (for it was growing the movement).
Current events have played into the hands of the We The People organization.
By all accounts, the highest number of People in D.C. on 9-12 was per one report 3.6 Million people. (Please note the lack of reports of crime and destruction by the group on 9-12.)
Presently, WorldNetDaily’s effort at pink slipping Congress a threat regarding 2010 elections has reached over 4 Million pink slips from people with $29.95 to spend in sending a message. (Any major media coverage, yet again?)
The numbers support the indication of a present growing trend.
The lack of reaction by those in servant office, and the media, shows that THE PEOPLE and their voice of will is being deliberately ignored and shut out.
It is these people of office and the fourth estate who foment civil unrest, no different from G20 leaders who need to hide behind thousands of armored riot police to protect them from the power of THE PEOPLE.
On the contrary, the Continental Congress, by way of the research provided through the Recall Petitions, has every opportunity to take notice of this following point of fundamental law (power of THE PEOPLE) that appears in almost every original Constitution of the 50 states (except for Alaska, Hawaii, California), and is toned down in some post-‘War of Federal Aggression’ States:
“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…”
The above is taken from the Original/Organic Nevada Constitution in Article 1 Section 2.
Yet, the following is what is found later in that Article:
“But the Paramount Allegiance of every citizen 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 existance [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.”
This similar claim is found in others such as Idaho:
“The state of Idaho is an inseparable part of the American Union, and the Constitution of the United States is the supreme law of the land.”
This is a very interesting statement, since the Constitution has 40 negative statements towards the Congress and restricts the States in only a few aspects in their dealing with each other and abroad. Seems reasonable, a restrained Congress would be great, it is the objective.
It appears that the UNALIENABLE RIGHT of THE PEOPLE as previously established in the Declaration of Independence; that THE PEOPLE have the RIGHT and DUTY to dissolve their polity and connections when circumstances of the perversion of the purpose of government requires it; and in other Constitutions of many other states such as New Hampshire and North Carolina:
“…whenever the ends of government are perverted, and public liberty manifestly endangered, and all other means of redress are ineffectual, the people may, and of right ought to reform the old, or establish a new government. The doctrine of nonresistance against arbitrary power, and oppression, is absurd, slavish, and destructive of the good and happiness of mankind.”
somehow has ceased to exist after 1863.
The post-War of Secession Constitutions make it appear that the government is no longer established by THE PEOPLE as shown by the prior Constitutions and even the writings of Henry Campbell Black in 1895 as shown in my blog on Revolution.
In his Chapter 1 definition 3, Mr. Black states:
“…usually the term "constitutional government" is applied only to those whose fundamental rules or maxims not only locate the sovereign power in individuals or bodies designated or chosen in some prescribed manner, but also define the limits of its exercise, so as to protect individual rights, and shield them against the assumption of arbitrary power.”
So how does one justify and correlate the notion of THE PEOPLE creating a Federal Government to be Supreme over them, despite a Bill of Rights which has been stated by the U.S. Supreme Court that no vote of any legislature or any Court, or any supermajority can ever touch UNALIEANBLE Rights (West Virginia Board of Education v. Barnett)?
It would appear that the scholarly and authoritative Mr. Black and his position overrides the Constitutions of states such as Idaho and Nevada and the false notion of Federal Supremacy and Sovereignty over, above, and beyond reach of the People.
On July 1st, 2nd and 3rd of 1863, at Gettysburg, Pennsylvania, over 150 thousand men beset to kill each other over this question.
The words of the final author of Federal Supremacy who brought this land to War against each other, drafted people under Arms even firing Naval guns into New York to quell draft Riots, should be considered. In eulogy for the dead at Gettysburg he wrote:
“…that government by the people, of the people, for the people, would not perish from the eart”
(wow, got that right from memory)
It is clear then:Reform by the State secession does not work.
Reforming two Gangland Political Parties does not work.
and still, perverted votes do not change Rights of individuals nor THE PEOPLE.
That if America is not the nation where THE PEOPLE are the Sovereigns, then Lincoln was in fact the biggest liar and murderer of his Age.
Since History cannot be altered by revisiting it, the only function that the Continental Congress can perform right now is to vindicate the Rights of THE PEOPLE, before the whole world.
There must be hope that Reform can be real without Civil War. Efforts of the purveyors of lies who seek to stymie the Continental Congress and the final delivery of the freedom promised by our founding documents must be confronted in Truth.
The fundamental law as shown by the foundational documents of the communities who created the States and the Federal Government as WE THE PEOPLE, must be consulted and must be upheld for reform to be lawful and capable of reaching peaceful ends for the prosperity and tranquility of THE PEOPLE. (Imagine that!)
The myth and lie of Federal Supremacy must be purged from the American Experiment if the Nation is to have any hope of a perpetuating Union, for the Federal Government was plainly, by its own Constitution, not created for the casual terrorism, despotism, and misery of THE PEOPLE under color of statutory law of the U.S. Congress, but was created for their happiness, tranquility, and PROSPERITY of THE PEOPLE.
If the Continental Congress fails in Educating THE PEOPLE out of the lie, should it fail to take nonviolent action to help THE PEOPLE reassert their 9th Amendment Right to enforce the societal contract, the misery created by the U.S. Congress will definitely foment Public unrest and rightfully so:
“…this right may be said to exist when tyranny or a corrupt and vicious government is intrenched in power, so that it cannot be dislodged by legal means; or when …the evils to be expected from a revolutionary rising are not so great as those which must be endured under the existing order of things;…”
- Henry Campbell Black
The destruction of our Families, Jobs, and now the government Corporations we bailed out (Fannie Mae and Freddie Mac) casting THE PEOPLE into the streets; these are stories the Media has not covered as caused by the Congress and the prevailing Two Gang system.
Be not deceived anymore America. The issues are just symptoms that they alone have created by their own hand. As the Petitions show, they are the ones who have made War against THE PEOPLE, they are the disease.
The question that remains, can THE PEOPLE be educated to this fact?
Sunday, October 25, 2009
You say you want a Revolution?… (Just who are the Revolutionaries)
So many of us know how the rest of the song goes, just as so many of us have been taught to say that in 1776 there was an American Revolution.
As I research each state’s Constitution for the accumulation of knowledge and Petitions, for each state to recall their U.S. Senators, I find curious notions and oddities in each one, especially elements from the Original 13 North American Provinces who stood up and said
For the purposes of this Article I am going to focus on what I have gleaned from the Constitution of the State of North Carolina.
Some History needs to be spoken here as I have learned so much of North Carolina’s part in the movement of Human Freedom. Some bright spots are:
It is therefore, by his departure from law that George III was the lawless renegade, he was the outlaw, he in his tyranny was the Revolutionary and THE PEOPLE of the 13 Provinces united were the Constitutionalist, the Patriots.
While the following authority is suspect as it comes from 1895, it is none the less authoritative in many respects as it is written by Henry Campbell Black, M. A., Author of Black’s Law Dictionary. Mr. Black writes in his “HANDBOOK OF American Constitutional Law” the following at Article 8:
The above sentences of:
actually describe what has been and is being done by the three Branches of government today, by ignoring the Constitution.
So how is my view of the statutory law that they have used to usurp our Rights correct?
Again, I yeild to Henry Campbell Black:
We do not want to violate the principles of our constitution/fundamental law. Our government has been doing enough of that, and such action cannot bring about it’s return, except perhaps the exile and banishment of the Revolutionaries in government and their families, and friends, from our beloved Nation, FOREVER.
Such action appears to be reasonable in the end, and in keeping with the right “to alter, reform … the government in such manner as they may think proper”, so that the diseased thought of the Revolutionaries/Tyrants has no home in this Nation ever again.
As I research each state’s Constitution for the accumulation of knowledge and Petitions, for each state to recall their U.S. Senators, I find curious notions and oddities in each one, especially elements from the Original 13 North American Provinces who stood up and said
‘ENOUGH!’
For the purposes of this Article I am going to focus on what I have gleaned from the Constitution of the State of North Carolina.
Some History needs to be spoken here as I have learned so much of North Carolina’s part in the movement of Human Freedom. Some bright spots are:
1771- Battle of Alamance – over 2000 “Regulators” face off with 1000 British regulars in what is said to be the first Battle in the War for Independence. Beaten, most of the Regulators head West to the Mountains and the about to be formed Watauga Association (now Eastern Tennessee) the first free White People of North America, as George III signed off on that Charter and relinquished any sovereignty over those peoples who had leased lands from the Cherokee Nation there.
1774 – The first Provincial Congress in all of North America, in the City of New Bern elects representatives to the First Continental Congress (1775).
Waxhaws – Virginia Patriots surrender and then face slaughter of some 100 of them by Tarrelton’s Green Dragoons. A 13 Year old Virginian, Andrew Jackson, later Governor of Tennessee and President of the United States of America is wounded and recovers there.
Battle of King’s Mountain – Scottish Commander Ferguson, under Cornwallis, rails a claim at the Freemen of Watauga and what is now West Virginia ‘Overthemountian Men’ to bow their knees to George III or he will lay waste to their homes and farms. The response was a forced march over 228 mountain miles in 12 days to Ferguson at Kings Mountain, where the battle cry of “Remember Waxhaws” drives these men (otherwise unengaged in the War) to make quick work of the Commander and his Ranks in about an hour. The only clear victory for the Patriots in the South in the whole war to that point, Cornwallis’ campaign in the South begins to unravel.North Carolina is as rich and as flawed as any one of us. In her Constitution of 1776 is given her testimony that mirrors the testimony of the Declaration of Independence, in that it was George III who abdicated and abandoned his duty of protecting the Rights of the People of North Carolina as promised to all Englishmen in the English Bill of Rights (1689):
“And whereas, the continental congress, having considered the premises, and other previous violations of the rights of the good people of America…”the Constitution thus reveals a scenario where a Sovereign has reneged on his duty to his subjects, to protect them, and their Rights, thus he has abandoned authority.
It is therefore, by his departure from law that George III was the lawless renegade, he was the outlaw, he in his tyranny was the Revolutionary and THE PEOPLE of the 13 Provinces united were the Constitutionalist, the Patriots.
While the following authority is suspect as it comes from 1895, it is none the less authoritative in many respects as it is written by Henry Campbell Black, M. A., Author of Black’s Law Dictionary. Mr. Black writes in his “HANDBOOK OF American Constitutional Law” the following at Article 8:
"RIGHT OF REVOLUTION"
8. The right of revolution is the inherent right of a people to cast out their rulers, change their polity, or effect radical reforms in their system of government or institutions, by force or a general uprising, when the legal and constitutional methods of making such changes have proved inadequate, or are so obstructed as to be unavailable.
This right is a fundamental, natural right of the whole people, not existing in virtue of the constitution, but in spite of it. It belongs to the people as a necessary inference from the freedom and independence of the nation. But revolution is entirely outside the pale of law. "Inter armes silent leges." Circumstances alone can justify a resort to the extreme measure of a revolution. In general, this right may be said to exist when tyranny or a corrupt and vicious government is intrenched in power, so that it cannot be dislodged by legal means; or when the system of government has become intolerable for other causes, and the [Page 11] evils to be expected from a revolutionary rising are not so great as those which must be endured under the existing order of things; when the attempt is reasonably certain to succeed; and when the new order proposed to be introduced will be more satisfactory to the people in general than that which is to be displaced.
"Revolution is either a forcible breach of the established constitution or a violation of its principles. Thus, as a rule, revolutions are not matters of right, although they are mighty natural phenomena, which alter public law. Where the powers which are passionately stirred in the people are unchained, and produce a revolutionary eruption, the regular operation of constitutional law is disturbed. In the presence of revolution, law is impotent. It is, indeed, a great task of practical politics to bring back revolutionary movements as soon as possible into the regular channels of constitutional reform. There can be no right of revolution, unless exceptionally; it can only be justified by that necessity which compels a nation to save its existence or to secure its growth where the ways of reform are closed. The constitution is only the external organization of the people, and if, by means of it, the state itself is in danger of perishing, or if vital interests of the public weal are threatened, necessity knows no law."[7]
[7]. Bluntschli, Theory of the State, 477."
The above sentences of:
“Revolution is either a forcible breach of the established constitution or a violation of its principles.”
“…the regular operation of constitutional law is disturbed.”
actually describe what has been and is being done by the three Branches of government today, by ignoring the Constitution.
So how is my view of the statutory law that they have used to usurp our Rights correct?
Again, I yeild to Henry Campbell Black:
CONSTITUTIONAL LAW DEFINED.
1. Constitutional law is that department of the science of law which treats of the nature of constitutions, their establishment, construction, and interpretation, and of the validity of legal enactments as tested by the criterion of conformity to the fundamental law.It is not I who write this. It is the author of Black’s Law Dictionary.
So, those who violate the constitution of a nation (note small “c” is not referring to the document but to the substance, its fundamental law) are the ones projecting a revolution.
Herein then lies our duty and Right, and a great explanation of what it is that we have faced:
“This right is a fundamental, natural right of the whole people, not existing in virtue of the constitution, but in spite of it.”
“…when tyranny or a corrupt and vicious government is intrenched in power, so that it cannot be dislodged by legal means…”
“…a great task of practical politics to bring back revolutionary movements as soon as possible into the regular channels of constitutional reform.”
“…to save its existence or to secure its growth where the ways of reform are closed.”
“…if vital interests of the public weal are threatened, necessity knows no law.”
The We The People Foundation for Constitutional Education and We The People Congress have well discovered the reality of the present “intrencehed power” that has demonstrated that “the ways of reform are closed” and “it cannot be dislodged by legal means…” and thus the call of a Continental Congress is well at hand with legal options closed.
The work of these Petitions for Recall of U.S. Senators well fits into the function and purpose of the Continental Congress 2009, and as this author has found in the Constitutions of so many States, it is clear:
“…frequent recurrence to fundamental principles is absolutely necessary to preserve the blessings of liberty.”
“All power is inherent in the people, and all free governments are founded on their authority, and instituted for their peace, safety and happiness; for the advancement of these ends they have at all times an inalienable and indefeasible right to alter, reform or abolish the government in such manner as they may think proper.”
“rights … ought never to be violated on any pretence whatsoever.”
Do you want a Revolution?
You have been living in one and suffering under it for over 100 years.
Do we want to undo Liberty?
No.
We do not want a Revolution.
We do not want to violate the principles of our constitution/fundamental law. Our government has been doing enough of that, and such action cannot bring about it’s return, except perhaps the exile and banishment of the Revolutionaries in government and their families, and friends, from our beloved Nation, FOREVER.
Such action appears to be reasonable in the end, and in keeping with the right “to alter, reform … the government in such manner as they may think proper”, so that the diseased thought of the Revolutionaries/Tyrants has no home in this Nation ever again.
Recall Petition for Connecticut
PETITION FOR IMMEDIATE RECALL
AND ARREST
OF U.S. SENATORS
AND IMMEDIATE SPECIAL ELECTION
PREAMBLE
We, THE PEOPLE, the SOVEREIGN ELECTORS, FREEMEN, and INHABITANTS of the State of Connecticut, in accordance with our Unalienable Rights forever protected by the Constitution of Connecticut (1818), do so hereby COMMAND the immediate Recall of the two U.S. Senators of for the State of Connecticut and thus THE PEOPLE, Christopher J. Dodd and Joseph I. Lieberman, without replacement of by the Governor, and continued vacancy until conclusion of a Special Election by THE PEOPLE, for the causes of their endorsement by vote and by negligence, unconstitutional acts in violation of their Oath of Office to Protect and Defend the Rights of THE PEOPLE, as secured by the Constitution for the United States of America, resulting in corruption of the currency, manipulation of Markets, Corporate Bailouts, permanent losses of Industry, foreclosures, social decay, family destruction and endless wars.
I. COMMAND OF RIGHT
We, the undersigned FREE PEOPLE as the Sovereigns of the State of Connecticut (Evert Romein v. General Motors Corporation, 462 N.W.2d 555, 436 Mich. 515 (1990) Brickley, J. (concurring)), being of age of election and possessing the Rights and Duties as Electors of Connecticut in concurrence with the Organic Constitution of Connecticut:
“Connecticut Constitution (1818)
PREAMBLE
The people of Connecticut acknowledging with gratitude, the good providence of God, in having permitted them to enjoy a free government, do, in order more effectually to define, secure, and perpetuate the liberties, rights and privileges which they have derived from their ancestors, hereby, after a careful consideration and revision, ordain and establish the following constitution and form of civil government.
ARTICLE FIRST.
DECLARATION OF RIGHTS.
DECLARATION OF RIGHTS.
That the great and essential principles of liberty and free government may be recognized and established,
WE DECLARE,
Sec. 1. That all men when they form a social compact, are equal in rights; ….
Sec. 2. That all political power is inherent in the people, and all free governments are founded on their authority, and instituted for their benefit; and that they have at all times an undeniable and indefeasible right to alter their form of government in such manner as they may think expedient.
Sec. 5. Every citizen may freely speak, write and publish his sentiments on all subjects…
Sec. 6. No law shall ever be passed to curtail or restrain the liberty of speech or of the press.
Sec. 16. The citizens have a right, in a peaceable manner, to assemble for their common good, and to apply to those invested with the powers of government, for redress of grievances, or other proper purposes, by petition, address or remonstrance.
ARTICLE SIXTH.
OF THE QUALIFICATIONS OF ELECTORS.
OF THE QUALIFICATIONS OF ELECTORS.
Sec. 1. All persons who have been, or shall hereafter, previous to the ratification of this Constitution, be admitted freeman, according to the existing laws of this State, shall be electors.
Sec. 2. Every … citizen of the United States, who shall have
… attained the age of twenty-one years… shall, …be an elector.”
and in concurrence with the Organic Law of the United States of America setting forth the purpose and function of government:
“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…”
Declaration of Independence (1776),
"The Organic Laws of the United States of
America.” (Title 1 United States Code)
even as recognized by the U.S. Supreme Court as the Law of the Land:
"As in our intercourse with our fellow-men certain principles of morality are assumed to exist, without which society would be impossible, so certain inherent rights lie at the foundation of all action, and upon a recognition of them alone can free institutions be maintained. These inherent rights have never been more happily expressed than in the Declaration of Independence, that new evangel of liberty to the people: 'We hold these truths to be self-evident' — that is so plain that their truth is recognized upon their mere statement — 'that all men are endowed' — not by edicts of Emperors, or decrees of Parliament, or acts of Congress, but 'by their Creator with certain inalienable rights' — that is, rights which cannot be bartered away, or given away, or taken away except in punishment of crime — 'and that among these are life, liberty, and the pursuit of happiness, and to secure these' — not grant them but secure them — 'governments are instituted among men, deriving their just powers from the consent of the governed.'
Butchers' Union Co. v. Crescent City Co., 111 U.S. 746, 756, 4 S.Ct. 652 (1884)
J. Fields concurring
and in concurrence with the legal fact and reality that our UNALIENABLE Rights are antecedent to any government of the United States of America and Connecticut, that they can never be redefined or muzzled:
“His rights are such as existed by the law of the land long antecedent to the organization of the State, and can only be taken away from him by due process of law and in accordance with the Constitution.”
Hale v. Henkle, 201 U.S. 43, 47 1905
and in concurrence with the legal fact and reality that our antecedent Rights can never be adversely effected or taken from us by any votes of any majorities within and without legislative bodies, elections, and constitutional amendments:
“The very purpose of a Bill of Rights was to withdraw certain subjects from the vicissitudes of political controversy, to place them beyond the reach of majorities and officials and to establish them as legal principles to be applied by the courts. One's right to life, liberty, and property, to free speech, a free press, freedom of worship and assembly, and other fundamental rights may not be submitted to vote; they depend on the outcome of no elections. " (emphasis added)
West Virginia Board of Education v. Barnette,
319 U.S. 624, 638 (1943)(Opinion, J. Jackson)
hereby the undersigned Sovereign Electors of Connecticut reassert their UNALIENABLE RIGHT OF SELF GOVERNANCE as we seek to instantly alter and reform our government by this least intrusive means of the immediate recall and stripping of Representative and Official Duty, Capacity, Pension, and Benefits, and the immediate arrest of the United States Senators from Connecticut by the Names of:
Christopher J. Dodd
and
Joseph I. Lieberman
in accordance with the RIGHTS of THE PEOPLE preserved forever at the 9th Amending Article (1789) to the Constitution for the United States of America (1787):
“ARTICLE IX
The enumeration in the Constitution of certain Rights shall not be construed to deny or disparage others retained by the People.”
for the following Causes comprising of violations of Oaths of Office:
“Connecticut Constitution (1818)
ARTICLE NINTH.
OF IMPEACHMENTS.
OF IMPEACHMENTS.
Sec. 4. Treason against the state, shall consist only in levying war against it, or adhering to its enemies, giving them aid and comfort.”
and the Rights of THE PEOPLE of Connecticut, by over-reaching the limited authority of the Congress in their participation in legislative mischief and willful misrepresentation to the Rights and Liberties of THE PEOPLE of Connecticut.
II. CAUSES FOR RECALL ACTION
CAUSE I – Ignoring THE PEOPLE
Ignoring the First Amendment to the Constitution for the United States of America by multiple times on multiple issues, ignoring the Petitions of THE PEOPLE of Connecticut sent to their Offices on the subjects of:
The War Powers Act – Unconstitutional surrender of the power of THE PEOPLE and abuse of THE PEOPLE by stripping from Congress the sole power to declare War and bringing the nation to ruin with endless war.
Second Amendment Infringement – Unconstitutional expansion of power of the Federal Government and abuse of THE PEOPLE by all sorts of Gun Control statutes taxing, regulating, and criminalizing Rights of the People to be armed in manners that are protected under the Second Amendment which includes only weapons/devices of military purpose. (U.S. v. Miller, 59 S. Ct. 816, 818 (1939))
Income Tax – Unconstitutional expansion of power of the Federal Government and abuse of THE PEOPLE to endlessly feed the Federal Government, by the progressive taxation of the American Worker depriving him of his ability and freedom to provide for his family without fetters upon his productivity, and a violation of an unalienable Right (West Virginia Board of Education v. Barnette, see above).
"The right to follow any of the common occupations of life is an inalienable right; it was formulated as such under the phrase "pursuit of happiness" in the Declaration of Independence, which commenced with the fundamental proposition that "all men are created equal, that they are endowed by their Creator with certain inalienable rights; that among these are life, liberty, and the pursuit of happiness." This right is a large ingredient in the civil liberty of the citizen."
(italics, the Court's; bold emphasis added) Butchers' Union Co. v. Crescent City Co., 111 U.S. 746, 762, 4 S.Ct. 652 (1884) Justice Field Concurring, joined by JJ. Bradley, Harlan, and Woods
Federal Reserve – Unconstitutional surrender of the power of THE PEOPLE and abuse of THE PEOPLE by elimination of true and non-inflationary standards of exchange of Gold and Silver as required by Article I, Section 8, Clause 5, of the Constitution for the United States of America, and thereby exposing THE PEOPLE to ruination as the fruit the mischief of government, as shown by the U.S. Supreme Court in Craig v. Missouri, 29 U.S. 410, 430-434 (1830), fomenting the demand for ever cheaper illegal labor causing unchecked Immigration policies to be a matter of economic necessity.
USA Patriot Act - Unconstitutional expansion of power of the Federal Government and abuse of THE PEOPLE by forced numbering and identification of the FREE PEOPLE of America, invading their Privacy, constructing the foundation for a surveillance society in violation of the 4th Amending Article to the Constitution for the United States of America, as well as secret trials and proceedings in violation of the 5th and 6th Articles of same, and building a network of secret prisons to house an additional 2 million or more people under the cover of Department of Homeland Security and/or Federal Emergency Management Agency.
Illegal Immigration – Unconstitutional neglect of duty to THE PEOPLE of America by failure to secure the borders of America from unchecked immigration, and enacting or threatening enactment of laws relaxing immigration laws that reward those who enter the nation illegally and scoff at our laws.
North American Union - Unconstitutional neglect of duty to THE PEOPLE of America by failing to investigate and hold hearings after Petition of the People, regarding the Executive Department efforts to merge the United States of America, Canada, and Mexico into a Super-state Union like the European Union called the North American Union.
To the events of Cause I, the following federal cases are significant:
“Silence can only be equated with fraud where there is a legal or moral duty to speak or when an inquiry left unanswered would be intentionally misleading.” United States v. Prudden, 424 F.2d 1021 (5th Cir. 1970), cert. denied, 400 U.S. 831, 91 S. Ct. 62, 27 L. Ed. 2d 62 (1970) cited within U.S. v. Tweel, 550 F.2d. 297 (5th Cir. 1977)
“ Fraud in its elementary common law sense of deceit…includes the deliberate concealment of material information in a setting of fiduciary obligation” U.S. v. Holzer, 816 F.2d 304, 307 (1987)
CAUSE II –Individual Regulation
Unconstitutional expansion of power of the Federal Government and abuse of THE PEOPLE by enactment of Void Acts beyond Constitutional Limitations of the Commerce Clause and the Sovereignty of the State, that interfere with the individual unalienable Rights of the People in areas of a National Identification system, Family Life, de facto forced inoculation, Education of Children in a myriad of social and political matters while neglecting Education of the People regarding Habeas Corpus and the Sovereignty of individuals and their individual Rights, environmental laws infringing upon the Right to Private Property and individual’s access to Public Lands and Water.
CAUSE III – Unchecked Immigration
Unconstitutional neglect of duty to THE PEOPLE of America by failing to Secure the Borders causing an undermining of the Labor Market and increase in Welfare expenditures by the Government, thereby overburdening the public fisc.
CAUSE IV – De-Industrialization
Unconstitutional neglect of duty to THE PEOPLE of America by allowing the destruction of the Connecticut and U.S. Economy by allowance and fomentation of the exportation of American Jobs by myriad of Acts and Treaties; including but not limited to Tax laws, the North America Free Trade Agreement, and the Central American Free Trade Agreement.
CAUSE V – Environmental Over-reach
Unconstitutional neglect of duty to THE PEOPLE of America by allowing the unconstitutional expansion of the Federal Government, in failing to enforce accountability over an Executive Agency unilaterally listing the gases WE THE PEOPLE exhale in order to live (CO2) to be a taxable pollutant.
CAUSE VI – Inflation
Unconstitutional expansion of power of the Federal Government and abuse of THE PEOPLE by bailing out the Financial and Auto Industries with TARP funds created by the exponential expansion of the money supply threatening hyper-inflation of the U.S. Dollar and undermining its America’s stability and Sovereignty therein, and sitting idly by as corporations are nationalized.
CAUSE VII – War on Homes
Unconstitutional expansion of power of the Federal Government and abuse of THE PEOPLE by interfering with, and thus inflating the Housing market of the United States of America by the creation of private loan providers Fannie Mac and Freddie Mac (having involvement and interest in 50% of the American Home Market).
CAUSE VIII – Government Foreclosures
Unconstitutional expansion of power of the Federal Government and abuse of THE PEOPLE by having THE PEOPLE Bailout/Buy Fannie Mae and Freddie Mac (Nationalize) for over $100 Billion while allowing these Federal Corporations to evict the American People who have rescued these companies from bankruptcy by paying for their Bailouts/Purchase, thus increasing the ravages of foreclosure on otherwise stable homes, otherwise caused by the exportation of American Jobs at the profit of Private Corporations.
CAUSE IX – War on the People
Unconstitutional expansion of power of the Federal Government and abuse of THE PEOPLE under the guise of Public Welfare through a War on Drugs, War against the free exercise of the Second Amendment, and War on impoverished non-custodial Parents by the creation of the Child Support Industry causing Incarceration of non- violent Offenders swelling U.S. Prison Population to 25% of world’s Prisoners being in U.S. imprisoning 2.2 Million men for Prison Industry, further undermining Private Sector Jobs, employment, and wages.
CAUSE X – War on the Jury
Unconstitutional expansion of power of the Federal Government and abuse of THE PEOPLE, by neglect of duty to THE PEOPLE of America, by allowing the destruction of the Right, Duty, and POWER OF THE JURY (a power of THE PEOPLE hated by the Judiciary since even before the Trial of William Penn) by the Judicial Branch of the Federal Government, as exhibited by the 6th Circuit U.S. Court of Appeals Pattern Jury Instructions displaying that the Judge is not to tell the Jury that it has the Right and Duty to Try the Law and void the law in the case if seen as unconstitutional.
CAUSE XI – Unlawful use of the Military and
Establishment of Standing Armies
Unconstitutional expansion of power of the Federal Government and abuse of THE PEOPLE, by neglect of duty to THE PEOPLE of America, by allowing the use of the Military and Private/Incorporated (Municipal and State) Paramilitary forces on U.S.A. Soil for crowd control/Security, Police Investigations, Policing of Streets, surveillance/security checkpoints, threatened inoculation checkpoints, drug searches/interdictions, all under guise of the Public Safety, Security, and Health.
CAUSE XII – Seizure of THE PEOPLE
Unconstitutional expansion of power of the Federal Government and abuse of THE PEOPLE, by belief of the accused that they possess any sort of power over the individuals of THE PEOPLE to implement any number of federal government programs under guise of public benefit to cause them to be numbered, marked, chipped, and placed into a national identification system, and being subject to arrest of Liberties and criminal penalty of incarceration for failure to comply with the particulars of such types of programs.
CAUSE XIII - War on the Family
Unconstitutional expansion of power of the Federal Government and abuse of THE PEOPLE by fraudulently named legislation interfering through federalization of the private matters of Family by the Violence Against Women Act creating a separate and unequal application of law to a special class of People in violation of the Constitution, despite present research showing that women initiate 51% of Domestic Violence and children are more than twice as likely to be killed by their mother than their father, thereby undermining the Patriarchal and societal structure of Family, which created and gave life to the State.
III. CONCLUSION
WE ARE THE PEOPLE of America and Connecticut.
WE ARE THE GOVERNMENT by every definition of LAW.
WE ARE therefore the GOVERNMENT that is being and has been usurped and assaulted by the above complained of acts of Mixed War under guise of Government that was to serve us, and all other means of remedy have been blocked by government in violation of our UNALIENABLE RIGHTS secured by the 9th Amending Article (1789) to the Constitution for the United States of America (1787).
The above named Senators, having taken no actions to Defend and Support the Rights of the People Secured by the Constitution they swore to uphold (Article VI, U.S. Constitution 1787), and taking multiple unconstitutional actions against the Unalienable Rights of the People and the Security of this once Free Nation, in areas of concerned included but not limited to the above stated realms…are thereby in violation of Federal Law at Title 18 United States Code § 1341 et. seq. covering Honest Services Fraud, as they have not reConnecticutd faithful and honest to the limitations of their authority under the design of THE PEOPLE by OUR Fundamental Law.
We the undersigned Sovereigns of Connecticut hereby demand of our Governor and/or his Executives, the immediate recall of the two U.S. Senators above, and announcement of a new Free and Open Special Election for their replacements, completely open to Third and other Party Candidates without financial and Party restrictions that have plagued and infested our Election Process which keeps any actual choice from THE PEOPLE. Same action must be taken within forty (40) days of presentment of this Petition for Immediate Recall, pursuant to the Magna Carta.
We the undersigned Sovereigns of Connecticut so COMMAND the reassertion of OUR Unalienable Rights preserved and reserved to us an our progeny, FOREVER:
___________________________ _____ _____________________________
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