Recall Petition for the State of North Carolina

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 North Carolina, in accordance with our Unalienable Rights forever protected by the Constitution of North Carolina (1776), do so hereby COMMAND the immediate Recall of the two U.S. Senators of for the State of North Carolina and thus THE PEOPLE, Richard Burr and Kay R. Hagen, 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 North Carolina (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 North Carolina in concurrence with the Organic Constitution of North Carolina (1776):

“Constitution of North Carolina

December 18, 1776

A DECLARATION OF RIGHTS

A Declaration of Rights, made by the Representatives of the Freeman of the State of North Carolina.

1. That all political power is vested, in and derived from, the people only.

2. That the people of this State ought to have the sole and exclusive right of regulating the internal government and police thereof.

3. That no men, or set of men, are entitled to exclusive or separate emoluments or privileges from the community.

5. That all powers of suspending laws, or the execution of laws, by any authority, without consent of the representatives of the people, is injurious to their rights, and ought not to be exercised.

14. That in all controversies at law, respecting property, the ancient mode of trial by jury is one of the best securities of the rights of the people, and ought to remain sacred and inviolable.

16. That the people...

18. That the people have a right to assemble together, to consult for the common good, to instruct their representatives, and to apply to the legislature for redress of grievances.

20. That, for redress of grievances, and for amending and strengthening the laws, elections ought to be often held.

21. That a frequent recurrence to fundamental principles is absolutely necessary to preserve the blessings of liberty.

25. The property of the soil, in a free government, being one of the essential rights of the collective body of the people…

THE CONSTITUTION

The Constitution, or form of Government, agreed to and Resolved upon, by the Representatives of the freemen of the State of North Carolina, elected and chosen for that particular purpose,…in the year of our Lord one thousand seven hundred and seventy-six.

* * *

Whereas, allegiance and protection are in their nature reciprocal, and the one should of right be refused when the other is withdrawn;

* * *

And whereas, the continental congress, having considered the premises, and other previous violations of the rights of the good people of America…

* * *

…said colonies now are, and forever shall be, free and independent states.

* * *

…therefore, we the representatives of the freemen of North Carolina, chosen and assembled in congress for the express purpose of framing a constitution, under the authority of the people, most conducive to their happiness and prosperity, do declare, that a government for this State shall be established…

1. That the legislative authority shall be vested in two distinct branches, both dependent on the people… 

7. That all freemen of the age of twenty-one years, … shall be entitled to vote ….

8. That all freemen of the age of twenty-one years, … shall be entitled to vote ….

32. That no person who shall deny the being of God, … or the divine authority of either the Old or New Testaments, or who shall hold religious principles incompatible with the freedom and safety of the State, shall be capable of holding any office, or place of trust or profit, in the civil department, within this State.

44. That the declaration of rights is hereby declared to be part of the constitution of this State, and ought never to be violated on any pretence whatsoever.”

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 North Carolina, 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 North Carolina 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 North Carolina by the Names of:

Richard Burr

and

Kay R. Hagen

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 North Carolina, 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 North Carolina.

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 North Carolina 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 North Carolina 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 North Carolina.

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 North Carolina 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 North Carolina so COMMAND the reassertion of OUR Unalienable Rights preserved and reserved to us an our progeny, FOREVER:
___________________________ _____ _____________________________
Name Age Address