Saturday, October 17, 2009

Iowa Recall Petition

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 Iowa, in accordance with our Unalienable Rights forever protected by the Constitution of Iowa (1857), do so hereby COMMAND the immediate Recall of the two U.S. Senators of for the State of Iowa and thus THE PEOPLE, Tom Harkin and Charles Grassley, without replacement of by the Governor, and continued vacancy until conclusion of a Special Election by THE PEOPLE, for the causes negligence as well as their endorsement by vote of 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 Iowa (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 Iowa in concurrence with the Organic Constitution of Iowa:

1857 CONSTITUTION OF THE STATE OF IOWA


Preamble. WE THE PEOPLE OF THE STATE OF IOWA, grateful to the Supreme Being for the blessings hitherto enjoyed, and feeling our dependence on Him for a continuation of those blessings, do ordain and establish a free and independent government, by the name of the State of Iowa,…


ARTICLE I.
BILL OF RIGHTS.


Rights of persons. SECTION 1. All men and women are, by nature, free and equal, and have certain inalienable rights--among which are those of enjoying and defending life and liberty, acquiring, possessing and protecting property, and pursuing and obtaining safety and happiness.

Political power. 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, at all times, to alter or reform the same, whenever the public good may require it.


Laws uniform. SEC. 6. All laws of a general nature shall have a uniform operation; the general assembly shall not grant to any citizen, or class of citizens, privileges or immunities, which, upon the same terms shall not equally belong to all citizens.


Liberty of speech and press. SEC. 7. Every person may speak, write, and publish his sentiments on all subjects, being responsible for the abuse of that right. No law shall be passed to restrain or abridge the liberty of speech, or of the press. …


Rights reserved. SEC. 25. This enumeration of rights shall not be construed to impair or deny others, retained by the people.


ARTICLE II.
RIGHT OF SUFFRAGE.


Electors. SEC. 1. Every citizen of the United States of the age of twenty-one years, who shall have been a resident of this state for such period of time as shall be provided by law and of the county in which he claims his vote for such period of time as shall be provided by law, shall be entitled to vote at all elections...


ARTICLE XII.
SCHEDULE.


Supreme law--constitutionality of acts. SECTION 1. This constitution shall be the supreme law of the state, and any law inconsistent therewith, shall be void. The general assembly shall pass all laws necessary to carry this constitution into effect.

and in concurrence with the founding Ordinance forever governing the Rule of Law and Rights of Iowa, which is part of the Organic Laws of the United States of America:

Northwest Ordinance (1787)
Section 14.


Art. 2. The inhabitants of the said territory shall always be entitled to the benefits of
… representation of the people in the legislature…”

Art. 3.   “… their property, rights, and liberty, they shall never be invaded or disturbed...”

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 Iowa, 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 Iowa 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 Iowa by the Names of:

Tom Harkin
and
Charles Grassley

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 and the Rights of THE PEOPLE of Iowa, 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 Iowa.

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 Iowa 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.

For the above events of Cause I above, the following cases regarding Fraud 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 Iowa 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 Iowa.

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 Iowa 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 Iowa so COMMAND the reassertion of OUR Unalienable Rights preserved and reserved to us an our progeny, FOREVER:

___________________________ _____ _____________________________
Name                                              Age     Address

2 comments:

  1. This is amazing! I wish that more states would do this.

    ReplyDelete