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.

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

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:

“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?

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

‘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.

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.

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.

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:

___________________________ _____ _____________________________

Name                                                        Age     Address

Recall Petition for Maine

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 Maine, in accordance with our Unalienable Rights forever protected by the Constitution of Maine (1820), do so hereby COMMAND the immediate Recall of the two U.S. Senators of for the State of Maine and thus THE PEOPLE, Olympia J. Snowe and Susan M. Collins, 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 Maine (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 Maine in concurrence with the Organic Constitution of Maine (1820):

“CONSTITUTION OF MAINE (1820)

PREAMBLE.

Objects of government. We the people of Maine, in order to establish justice, insure tranquility, provide for our mutual defense, promote our common welfare, and secure to ourselves and our posterity the blessings of liberty, acknowledging with grateful hearts the goodness of the Sovereign Ruler of the Universe in affording us an opportunity, so favorable to the design; and, imploring God's aid and direction in its accomplishment, do agree to form ourselves into a free and independent State, by the style and title of the State of Maine and do ordain and establish the following Constitution for the government of the same.

Article I.

Declaration of Rights.

Section 1. Natural rights. All people are born equally free and independent, and have certain natural, inherent and unalienable rights, among which are those of enjoying and defending life and liberty, acquiring, possessing and protecting property, and of pursuing and obtaining safety and happiness.

Section 2. Power inherent in people. All power is inherent in the people; all free governments are founded in their authority and instituted for their benefit; they have therefore an unalienable and indefeasible right to institute government, and to alter, reform, or totally change the same, when their safety and happiness require it.

Section 4. Freedom of speech and publication; libel; truth given in evidence; jury determines law and fact. Every citizen may freely speak, write and publish sentiments on any subject…

Section 15. Right of petition. The people have a right at all times in an orderly and peaceable manner to assemble to consult upon the common good, to give instructions to their representatives, and to request, of either department of the government by petition or remonstrance, redress of their wrongs and grievances.

Section 24. Other rights not impaired. The enumeration of certain rights shall not impair nor deny others retained by the people.

Article II.
Electors.

Section 1. Qualifications of electors; written ballot; military servicemen; students. Every citizen of the United States of the age of 18 years and upwards…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 Maine, 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 Maine 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 Maine by the Names of:

Olympia J. Snowe

and

Susan M. Collins

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:

“CONSTITUTION OF MAINE (1820)

Article I.

Declaration of Rights.

Section 12. Treason; ... Treason against this State shall consist only in levying war against it, adhering to its enemies, giving them aid and comfort…"

and the Rights of THE PEOPLE of Maine, 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 Maine.

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 Maine 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 Maine 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 Maine.

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 remained faithful and honest to the limitations of their authority under the design of THE PEOPLE by OUR Fundamental Law.

We the undersigned Sovereigns of Maine 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 Maine so COMMAND the reassertion of OUR Unalienable Rights preserved and reserved to us an our progeny, FOREVER:

___________________________ _____ _____________________________

Name                                                        Age     Address