PETITION FOR IMMEDIATE RECALL
AND ARREST
OF U.S. SENATORS
AND IMMEDIATE SPECIAL ELECTION
PREAMBLE
We, THE PEOPLE, the SOVEREIGN ELECTORS and INHABITANTS of Hawaii, in accordance with our Unalienable Rights forever protected by the Northwest Ordinance (1787), do so hereby COMMAND the immediate Recall of the two U.S. Senators for the State of Hawaii and thus THE PEOPLE, Daniel K. Inouye and Daniel K. Akaka, at loss of their pension and all benefits, 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 Sovereign Electors of Hawaii (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 Hawaii in concurrence with the Organic Constitution of Hawaii:
“1950 Constitution of the State of Hawaii
PREAMBLE
We, the people of Hawaii, grateful for Divine Guidance, and mindful of our Hawaiian heritage and uniqueness as an island State, …
We reserve the right to control our destiny, to nurture the integrity of our people and culture, and to preserve the quality of life that we desire.
We reaffirm our belief in a government of the people, by the people and for the people, …do hereby ordain and establish this constitution for the State of Hawaii.
FEDERAL CONSTITUTION ADOPTED
The Constitution of the United States of America is adopted on behalf of the people of the State of Hawaii.
ARTICLE I
BILL OF RIGHTS
POLITICAL POWER
Section 1. All political power of this State is inherent in the people and the responsibility for the exercise thereof rests with the people. All government is founded on this authority.
RIGHTS OF INDIVIDUALS
Section 2. All persons are free by nature and are equal in their inherent and inalienable rights. Among these rights are the enjoyment of life, liberty and the pursuit of happiness, and the acquiring and possessing of property. …
FREEDOM OF RELIGION, SPEECH, PRESS, ASSEMBLY AND PETITION
Section 4. No law shall be enacted respecting an establishment of religion, or prohibiting the free exercise thereof, or abridging the freedom of speech or of the press or the right of the people peaceably to assemble and to petition the government for a redress of grievances.
ARTICLE II
SUFFRAGE AND ELECTIONS
QUALIFICATIONS
Section 1. Every citizen of the United States who shall have attained the age of eighteen years, … shall be qualified to vote…
ARTICLE III
THE LEGISLATURE
LEGISLATIVE POWER
Section 1. The legislative power of the State shall be vested in a legislature, which shall consist of two houses, a senate and a house of representatives. Such power shall extend to all rightful subjects of legislation not inconsistent with this constitution or the Constitution of the United States.”
In concurrence with the fundamental laws of the Untied States of America per the U.S. Congress:
An Act to Provide for the Admission of the State of Hawaii
into the Union
(Act of March 18, 1959, Pub L 86-3, 73 Stat 4)
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, subject to the provisions of this Act, and upon issuance of the proclamation required by section 7(c) of this Act, the State of Hawaii is hereby declared to be a State of the United States of America, is declared admitted into the Union on an equal footing with the other States in all respects whatever, and the constitution formed pursuant to the provisions of the Act of the Territorial Legislature of Hawaii entitled "An Act to provide for a constitutional convention, the adoption of a State constitution, and the forwarding of the same to the Congress of the United States, and appropriating money therefor", approved May 20, 1949 (Act 334, Session Laws of Hawaii, 1949), and adopted by a vote of the people of Hawaii in the election held on November 7, 1950, is hereby found to be republican in form and in conformity with the Constitution of the United States and the principles of the Declaration of Independence, and is hereby accepted, ratified, and confirmed.
§ 3.
The constitution of the State of Hawaii shall always be republican in form and shall not be repugnant to the Constitution of the United States and the principles of the Declaration of Independence.
in concurrence with the founding Ordinance forever governing the Rule of Law and Rights of Hawaii, which is part of the Organic Laws of the United States of America:
Northwest Ordinance (1787)
Section 14.
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"
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 Hawaii, 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)
and 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."
hereby the undersigned Sovereign Electors of Hawaii reassert their UNALIENABLE RIGHT OF SELF GOVNERNACE 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 and Capacity the United States Senators from Hawaii by the Names of:
Daniel K. Inouye
and
Daniel K. Akaka
for the following Causes comprising of violations of Oaths of Office and the Rights of THE PEOPLE of Hawaii, 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 Hawaii.
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 Hawaii 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 Hawaii 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 and government 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 Hawaii.
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 the 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, and taking multiple unconstitutional actions against the Unalienable Rights of THE PEOPLE and the Security and Prosperity 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 Hawaii hereby demand of our Governor and/or his Executives, the immediate recall of the two U.S. Senators above while forfeiting their pension and benefits for their fraudulent representation, 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 Hawaii so COMMAND the reassertion of OUR Unalienable Rights preserved and reserved to us an our progeny, FOREVER:
___________________________ _____ _____________________________
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