When the TARP plan was suggested (September 2008?) I watched Paul Krugman, Professor Milner from Carnegie Mellon and some unknown from the Treasury Department debate it on News Hour/PBS.
Krugman and the Treasury guy were in favor.
Professor Milner said he had seen and advised in similar problems from Sweden to Chile and TARP was not the answer, that printing money was not the answer.
Krugman flip-flopped to Milners side before it was over.
Krugman was later given the Nobel Prize for Economics and flip-flopped again to the side of his friend Bernanke.
Bernanke was quoted before he was Fed Chairman as saying if a crisis occurred he would throw hundred dollar bills from a helicopter to solve the problem, one former CIA Operative explained to me in spring of 2007.
In reality, what he did do is throw hundreds of Billions of Dollars from a helicopter over his Friends places at Goldman Sachs, AIG, JP Morgan/Chase, Bank of America. (This was seen in 1987 and disclosed in the Tim Meitz book 'The Catastrophe of October 19, 1987 . . . and Beyond)
So plainly the plan has been all along to print money.
Ron Paul, Peter Schiff, and Martin Weiss and many others have said over and over again that the government printing money was not the solution to the contrived collapse caused by an unregulated financial industry that was a glorified and institutionalized Gambling Operation.
Even Gerald Clenete of Trends Journal has been moved to call the Recovery a Wallpaper recovery of paper money and call this the Greatest Recession leading to the Greatest Depression.
Last week an Asian Hedge-Fund manager (Mark Farber) on CNBC caused an uproar on set when he stated that America would default on its debt. http://www.businessinsider.com/cnbc-anchors-freak-out-after-marc-faber-says-us-will-default-2010-2
Here is the pinch...of this article.
A. The Media is now admitting to the rise the Debt Crisis...that is coming...and the people who created it by the endless printing of money cannot stop it even with all of the Democrats and Republican Horses and Men as they cannot put Humpty Dumpty Economy (that sat on morally falling Wall Street) back together again.
B. The Media now does not believe that the Democrats are the answer, but that the sacrifice of Reason, Rights, Liberty, and Freedom on the Altar of Consensus by the Hand of both Parties is the answer.
C. The Media and is showing America, by their reports on the reasoning behind the Bayh Decision, that the Money Powers will collapse the Political and Economic Systems if THE PEOPLE do not leave the debauched Two Thug System alone, and learn to like whatever they contrive to foist THE PEOPLE upon.
The Money Powers and Politicians do not appreciate the Majority of Americans bringing the meddling issues of Constitution, Freedom, Liberty, Prosperity of the People, and inperpetuum rights into the political sphere.
http://www.msnbc.msn.com/id/35434448/ns/politics-the_new_york_times/
Wednesday, February 17, 2010
Tuesday, December 22, 2009
Response to recent Comments
I have received specific comments in regards to the Petitions which I felt needed wider address at this time.
One in particular regarding New Hampshire where the person asked how to include a Senator.
Both of the Senators of each State are already included. I double checked N.H. and both were still there.
Another comment wanted an inclusion of the Healthcare Bill issue. I sought to do that through the Causes covering Individual Regulation and Seizure of the People.
The government has for some time been seizing us in our persons through regulations and statutes. The Healthcare Bill is just the latest one that has the People upset, yet this process of reducing THE PEOPLE to chattels has been going on for a very long time.
One comment was wondering where they sign, and was looking at the wrong State Petition.
The list of the Petitions are Right there to the Right. Make sure you are at the Right One. You can add spaces for more people, even make sheets of blanks for people to sign and identify themselves appropriately.
The final comment I will address was regarding Virginia and the statutory and constitutional allowance of the Right of THE PEOPLE to Recall.
This is not a statutory effort where the government gets to tell you what your Rights are.
We know what our Rights are and that is what I believe I communicated in the Petitions.
Even Article 61 of the Magna Carta has the Right of THE PEOPLE to remove any official from office by force (not to mention make War on him and his family seizing his property) for violation of their oath to uphold the common law and fundamental Rights of THE PEOPLE.
Magna Carta is often quoted and referred to by the U.S. Supreme Court as a foundational and fundamental law of our Nation.
Having dispensed with the issue or question of statutory acceptance, by the construction of the Petitions squarely upon the antecedent Right of THE PEOPLE to reform their government as they see fit, this is a constitutional effort. It is the most basic form of peaceful constitutional effort that would precede a general popular uprising.
The force of this effort, as well as its success is numbers, large vast NUMBERS of people showing discontent, just like the 9/12ers and the Tea Party-ers. This is probably the last stop of non-violent redress and action for this nation, as the Senate appears to be ready to ever increase and solidify their violence against the Republic (your Rights).
The strength of this position is clearly in the 9th Amendment which the government cannot control as shown in West Virginia Board of Education v. Barnette. It has been our Right, it has always been our Right, it is not addressed in the Constitution for the United States of America, it is the Right of THE PEOPLE forever in the Declaration of Independence, what more can I show the world?
I am certain of one thing in this regard, if one does not believe that they have the Right to Recall these criminals and thugs, and they refuse to believe the words of the sources I have provided, I do not believe that it is possible for anyone to believe that they have these Rights if they insist on clinging to doubt.
This is what the public education system and Lawyer Aristocracy High Priesthood has done to Americans. It has made them forget who and what we are, that the only thing that can hold us together in our differences in the belief in individual Liberty and Rights.
Somehow, the founding documents were not destroyed to make History forget.
Press on countrymen. The government and its statutes are arrayed against the fundamental Rights of us all, just as Parliament did to this land in the beginning. There is no shelter nor solution in them. Their false authority is your chains. Inaction is no solution, only a vote for the tyrants.
Unalienable
One in particular regarding New Hampshire where the person asked how to include a Senator.
Both of the Senators of each State are already included. I double checked N.H. and both were still there.
Another comment wanted an inclusion of the Healthcare Bill issue. I sought to do that through the Causes covering Individual Regulation and Seizure of the People.
The government has for some time been seizing us in our persons through regulations and statutes. The Healthcare Bill is just the latest one that has the People upset, yet this process of reducing THE PEOPLE to chattels has been going on for a very long time.
One comment was wondering where they sign, and was looking at the wrong State Petition.
The list of the Petitions are Right there to the Right. Make sure you are at the Right One. You can add spaces for more people, even make sheets of blanks for people to sign and identify themselves appropriately.
The final comment I will address was regarding Virginia and the statutory and constitutional allowance of the Right of THE PEOPLE to Recall.
This is not a statutory effort where the government gets to tell you what your Rights are.
We know what our Rights are and that is what I believe I communicated in the Petitions.
Even Article 61 of the Magna Carta has the Right of THE PEOPLE to remove any official from office by force (not to mention make War on him and his family seizing his property) for violation of their oath to uphold the common law and fundamental Rights of THE PEOPLE.
Magna Carta is often quoted and referred to by the U.S. Supreme Court as a foundational and fundamental law of our Nation.
Having dispensed with the issue or question of statutory acceptance, by the construction of the Petitions squarely upon the antecedent Right of THE PEOPLE to reform their government as they see fit, this is a constitutional effort. It is the most basic form of peaceful constitutional effort that would precede a general popular uprising.
The force of this effort, as well as its success is numbers, large vast NUMBERS of people showing discontent, just like the 9/12ers and the Tea Party-ers. This is probably the last stop of non-violent redress and action for this nation, as the Senate appears to be ready to ever increase and solidify their violence against the Republic (your Rights).
The strength of this position is clearly in the 9th Amendment which the government cannot control as shown in West Virginia Board of Education v. Barnette. It has been our Right, it has always been our Right, it is not addressed in the Constitution for the United States of America, it is the Right of THE PEOPLE forever in the Declaration of Independence, what more can I show the world?
I am certain of one thing in this regard, if one does not believe that they have the Right to Recall these criminals and thugs, and they refuse to believe the words of the sources I have provided, I do not believe that it is possible for anyone to believe that they have these Rights if they insist on clinging to doubt.
This is what the public education system and Lawyer Aristocracy High Priesthood has done to Americans. It has made them forget who and what we are, that the only thing that can hold us together in our differences in the belief in individual Liberty and Rights.
Somehow, the founding documents were not destroyed to make History forget.
Press on countrymen. The government and its statutes are arrayed against the fundamental Rights of us all, just as Parliament did to this land in the beginning. There is no shelter nor solution in them. Their false authority is your chains. Inaction is no solution, only a vote for the tyrants.
Unalienable
Saturday, November 14, 2009
Action must be what THE PEOPLE will and are willing to do.
Action Report
Not having internet, I have been able to hear a little bit of audio through telephone from a friend.
With particularity the most interesting words came from comments or questions of Delegates after the presentation of a man who respects me enough to pick up the phone when I call; Mr. Jeff Dickstein.
One Delegate commented about a State nullifying the Amendment of the Constitution in question, to which Mr. Dickstein commented that such was tried in a state, but there was not enough support of THE PEOPLE to get the idea rolling forward and success would require many other states with motivation of THE PEOPLE to get the same thing going.
Thus, the missing ingredients for this Congress to be successful on that issue is:
Being that the issue is the income tax, and not everyone pays that or is interested, which is why the U.S. Department of Justice has trampled the First Amendment activities of the tax activist community, decimating it, without so much as a whimper of outcry of THE PEOPLE en masse; hope for any such awakening on a single issue is not likely to reach any critical mass.
Even Sun Tzu’s the Art of War explains that the Master General needs the cause that will make THE PEOPLE willing to give their Sons and Silver.
A Second Delegate, motivated by the exposure of the lawlessness of the Courts and the Executive Branch declared the circumstance was sufficient for the Continental Congress adopting a Declaration of Non-Compliance.
Mr. Dickstein had no comment to this, but the Delegate did go on to the point that such a Declaration meant that the signers would not comply with anything from the Federal Government whatsoever at whatever peril may befall the signer.
Such sounds like the self-sacrifice and slow martyrdom I am living everyday.
I cannot recommend this. I do not believe that any popular movement and uprising can be constructed upon this AT THIS PRESENT TIME.
While the idea is 1) well grounded in the Magna Carta and the Declaration of Independence, 2) is not a singular issue activity, and 3) it might be successful for people on a State by state basis, not requiring actions by another state to be successful, THE PEOPLE as of yet are not in a position to adopt a confrontational posture such as facing arrest, trial, and time in a federal prison. That is clear and has been for the past 30 years of the Liberty Movement.
The same is true for the Delegate who brought up declaring War against the Government, by quoting the Declaration of Independence.
Even the Founders in 1774-1775 struggled with the notion of Independence and War.
It was Concord Bridge where the surprise wind of change occurred, and they saw what THE PEOPLE were willing to do. Only then did a draft of a Declaration make it to a Vote.
Different Circumstances – Same Game
At this time, place and circumstance of America, things are different from a Parliament and a King in 1776.
In Washington, those are OUR OFFICES, OUR SEALS, OUR FLAGS which the abrogators/usurpers/traitors/mutineers/pirates have stolen!
They have taken Oaths and have commandeered the vessel and its mission. Should we declare War on the Vessel?
The Biggest Lie of All
They have the moral high ground of Capitol Hill.
They have the Bridge Deck for all to see and tell THE PEOPLE their actions are legitimate because they were voted in democratically, that the RIGHTS of THE PEOPLE were contracted to these elected representatives to dispose of at their will when THE PEOPLE voted them into office.
Since the U.S. Supreme Court has stated that such is the case with one Right, how much more true is their intolerance when all Rights except voting rights are waived by voting?
THE PEOPLE have been stupefied (made Stupid) by being taught lies from the beginning.
Education is Truth
THE PEOPLE must be educated out of the lie, that they contracted their RIGHTS to be disposed of by vote to elected officials.
THE PEOPLE have been educated by (‘government stupefication’- if I may say) into the lie that the Congress has plenary (complete) control over everything and is not a legislature of limitations as a Republic is, and guaranteed by Constitution to be.
So, to lead this Nation to reclaim the RIGHT of THE PEOPLE Education will have to precede Action…unless…
even then success of the Action will require specific elements:
Popular Support – it must have the support of a very large body of the population, either on a singular issue or multiple issues.
Low Time Treasure, and Talent costs – it must be easy, not consume a large amount of time, money, and require a special ability of each individual.
Low Intensity/Risk – participation in the action carries a low or reasonably survivable Risk to the individual, if unsuccessful.
Reasonable – the action itself is well grounded in thought and reason to fuel its own growth into a mass uprising (education).
Petitions for Recall Fit the Requirements
The mutiny of U.S. Congress, Courts, and the Executive against the Supreme Law of OUR Rights, Liberty, Tranquility, and Prosperity is clear and present.
1 to 3.6 Million People on 9/12/09 were able to take the time and treasure to fill Washington D.C. and make clear that THE PEOPLE will unite against the Government on multiple issues for the resolution of Self-Governance and Liberty, to get the government out of their lives.
That body of the populace has stated that they are willing to take Action of Vote, which is similar to the Petition, in order to make their voices heard.
The Petition signing act is very low cost in Time and Treasure for the individual signer, and the length of the Petition is the minimum amount of time and talent required to fully participate.
The Petition signing act is low intensity and Risk. There is no violation of any unconstitutional law by signing the Petition. It carries no action that should make any fear prosecution for being a part.
Leadership
The body of the discontented PEOPLE is leaderless precisely because the discontent of THE PEOPLE is pursuant to so many different issues, and Organizations are single issue entities.
This is the Time, this is the Place, to unite THE PEOPLE on the singular issue of government interference and Control of their Lives and Liberty. Never before, have so many, been so enraged, by so much committed against them, by so few.
To lead them to victory, one must be able to hold them together against a defined common foe; Centralized Government Authority over their lives.
The diversity of the Continental Congress is the microcosm of the groups and States, where varied issues and body politics all converge and meet.
To be successful, the Continental Congress needs THE PEOPLE, popular support, an en masse movement, which is already afoot and ready for the low intensity action of the Petitions.
I might be wrong in all of this, but…It is my belief that THE PEOPLE cannot have their lives of tranquility and prosperity, as promised, as long as the Pirates and Traitors have possession of the stolen property of OUR Offices, Seals, and Flags, or have not at least made a great and valiant attempt to TAKE THEM BACK, even it only to be further insulted by government ever swelling their ranks.
Resistance will get the Governor Recalled and the numbers of THE PEOPLE should force State Legislative Officials on to the Side of THE PEOPLE. Such may well begin the retaking of the States that Judge Andrew Napolitano has spoken of.
There is much that the Petitions function for, and rejection is not a dead end.
Ponder carefully your course of Action Delegates.
Restrain your emotions.
There is an Army out here who will be lead by Leaders who recommend reasonable action, even action that is slowly graduated in risk and intensity, as the Rogue Government ratchets up its insults to the Rights of THE PEOPLE.
GOD’s Speed Delegates
Not having internet, I have been able to hear a little bit of audio through telephone from a friend.
With particularity the most interesting words came from comments or questions of Delegates after the presentation of a man who respects me enough to pick up the phone when I call; Mr. Jeff Dickstein.
One Delegate commented about a State nullifying the Amendment of the Constitution in question, to which Mr. Dickstein commented that such was tried in a state, but there was not enough support of THE PEOPLE to get the idea rolling forward and success would require many other states with motivation of THE PEOPLE to get the same thing going.
Thus, the missing ingredients for this Congress to be successful on that issue is:
a.) popular support; and;
b.) many states active at the same time.
Being that the issue is the income tax, and not everyone pays that or is interested, which is why the U.S. Department of Justice has trampled the First Amendment activities of the tax activist community, decimating it, without so much as a whimper of outcry of THE PEOPLE en masse; hope for any such awakening on a single issue is not likely to reach any critical mass.
Even Sun Tzu’s the Art of War explains that the Master General needs the cause that will make THE PEOPLE willing to give their Sons and Silver.
A Second Delegate, motivated by the exposure of the lawlessness of the Courts and the Executive Branch declared the circumstance was sufficient for the Continental Congress adopting a Declaration of Non-Compliance.
Mr. Dickstein had no comment to this, but the Delegate did go on to the point that such a Declaration meant that the signers would not comply with anything from the Federal Government whatsoever at whatever peril may befall the signer.
Such sounds like the self-sacrifice and slow martyrdom I am living everyday.
I cannot recommend this. I do not believe that any popular movement and uprising can be constructed upon this AT THIS PRESENT TIME.
While the idea is 1) well grounded in the Magna Carta and the Declaration of Independence, 2) is not a singular issue activity, and 3) it might be successful for people on a State by state basis, not requiring actions by another state to be successful, THE PEOPLE as of yet are not in a position to adopt a confrontational posture such as facing arrest, trial, and time in a federal prison. That is clear and has been for the past 30 years of the Liberty Movement.
The same is true for the Delegate who brought up declaring War against the Government, by quoting the Declaration of Independence.
Even the Founders in 1774-1775 struggled with the notion of Independence and War.
It was Concord Bridge where the surprise wind of change occurred, and they saw what THE PEOPLE were willing to do. Only then did a draft of a Declaration make it to a Vote.
Different Circumstances – Same Game
At this time, place and circumstance of America, things are different from a Parliament and a King in 1776.
In Washington, those are OUR OFFICES, OUR SEALS, OUR FLAGS which the abrogators/usurpers/traitors/mutineers/pirates have stolen!
They have taken Oaths and have commandeered the vessel and its mission. Should we declare War on the Vessel?
The Biggest Lie of All
They have the moral high ground of Capitol Hill.
They have the Bridge Deck for all to see and tell THE PEOPLE their actions are legitimate because they were voted in democratically, that the RIGHTS of THE PEOPLE were contracted to these elected representatives to dispose of at their will when THE PEOPLE voted them into office.
"We find it intolerable that one Constitutional Right should have to be surrendered in order to assert another." Simons v. United States, 390 US 377, 394 (1968)
Since the U.S. Supreme Court has stated that such is the case with one Right, how much more true is their intolerance when all Rights except voting rights are waived by voting?
THE PEOPLE have been stupefied (made Stupid) by being taught lies from the beginning.
Education is Truth
THE PEOPLE must be educated out of the lie, that they contracted their RIGHTS to be disposed of by vote to elected officials.
THE PEOPLE have been educated by (‘government stupefication’- if I may say) into the lie that the Congress has plenary (complete) control over everything and is not a legislature of limitations as a Republic is, and guaranteed by Constitution to be.
So, to lead this Nation to reclaim the RIGHT of THE PEOPLE Education will have to precede Action…unless…
the Continental Congress adopts a method of action that is also Education at the same time.
even then success of the Action will require specific elements:
Popular Support – it must have the support of a very large body of the population, either on a singular issue or multiple issues.
Low Time Treasure, and Talent costs – it must be easy, not consume a large amount of time, money, and require a special ability of each individual.
Low Intensity/Risk – participation in the action carries a low or reasonably survivable Risk to the individual, if unsuccessful.
Reasonable – the action itself is well grounded in thought and reason to fuel its own growth into a mass uprising (education).
Petitions for Recall Fit the Requirements
The mutiny of U.S. Congress, Courts, and the Executive against the Supreme Law of OUR Rights, Liberty, Tranquility, and Prosperity is clear and present.
1 to 3.6 Million People on 9/12/09 were able to take the time and treasure to fill Washington D.C. and make clear that THE PEOPLE will unite against the Government on multiple issues for the resolution of Self-Governance and Liberty, to get the government out of their lives.
That body of the populace has stated that they are willing to take Action of Vote, which is similar to the Petition, in order to make their voices heard.
The Petition signing act is very low cost in Time and Treasure for the individual signer, and the length of the Petition is the minimum amount of time and talent required to fully participate.
The Petition signing act is low intensity and Risk. There is no violation of any unconstitutional law by signing the Petition. It carries no action that should make any fear prosecution for being a part.
Leadership
The body of the discontented PEOPLE is leaderless precisely because the discontent of THE PEOPLE is pursuant to so many different issues, and Organizations are single issue entities.
This is the Time, this is the Place, to unite THE PEOPLE on the singular issue of government interference and Control of their Lives and Liberty. Never before, have so many, been so enraged, by so much committed against them, by so few.
To lead them to victory, one must be able to hold them together against a defined common foe; Centralized Government Authority over their lives.
The diversity of the Continental Congress is the microcosm of the groups and States, where varied issues and body politics all converge and meet.
To be successful, the Continental Congress needs THE PEOPLE, popular support, an en masse movement, which is already afoot and ready for the low intensity action of the Petitions.
I might be wrong in all of this, but…It is my belief that THE PEOPLE cannot have their lives of tranquility and prosperity, as promised, as long as the Pirates and Traitors have possession of the stolen property of OUR Offices, Seals, and Flags, or have not at least made a great and valiant attempt to TAKE THEM BACK, even it only to be further insulted by government ever swelling their ranks.
Resistance will get the Governor Recalled and the numbers of THE PEOPLE should force State Legislative Officials on to the Side of THE PEOPLE. Such may well begin the retaking of the States that Judge Andrew Napolitano has spoken of.
There is much that the Petitions function for, and rejection is not a dead end.
Ponder carefully your course of Action Delegates.
Restrain your emotions.
There is an Army out here who will be lead by Leaders who recommend reasonable action, even action that is slowly graduated in risk and intensity, as the Rogue Government ratchets up its insults to the Rights of THE PEOPLE.
GOD’s Speed Delegates
Friday, November 13, 2009
The Cause of the Petitions and Continental Congress
Before I begin my article I wanted to make things easy for the people who are trying to catch up on the Blog, as the prior Articles on the Blog are not time sensitive, and carry a lot of explanation of things that will help the interested Reader.
So here is the hyperlinked list:
RECALL U.S. SENATORS NOW
This was expected
Judicial and Legislative Tyranny
E. Pluribus Unum - The Spirit of 9-12-2009
You say you want a Revolution?… (Just who are the Revolutionaries)
They will say you want a Civil War…
Petition Structure and Substance
The Ultimate Despised Petition
Judge Proves In Perpetuum
__________________________________________________
The cause of the Petitions and the Continental Congress are one in the same.
The fact is that despite the authors of the Constitution and the Founders best efforts at making a system of Checks and Balances, something has seeped into the function of government that has made checks and balances to be a cruel hoax. A sick joke.
One of the Founders in particular (perhaps Benjamin Franklin), or someone in the Pennsylvania Constitutional Convention (1776) either understood the problem with checks and balances being left only in the laps of those being paid to exercise power, and therefore gave everyone in the Convention an education to the point that they adopted a clause that created a "Council of Censors".
The job was simple, The only function of this body was just like a Police Citizens Review Committee. To identify and root out perpetrators of wrong acts.
In previous articles I did show some comments about the Magna Carta from Sir Winston Churchill, which shows the foundational concept of the limitation of legislative authority over Rights and the authority of any and all persons to enforce the constitution of the nation as constructed on fundamental law.
Whether one see Churchill as his enemy who agrees with our Rights being the SUPREME LAW, or an ally of Freedom, the fact of the inviolate nature of Rights in the face of legislative tyranny are still made clear.
The History of America has shown us that Checks and Balances have failed, whether the person is elected into Office or Appointed to the High Court, there is no difference. There is no shelter for any within and without government who point out the lawlessness.
Apparently, since the Constitution does not enforce itself, it appears that the only Amendment needed is for the Creation of a Council of Censors with a Police/Guard Force, Prison, and Prosecutor (hopefully a non-lawyer) to try the perpetrators of Crimes against THE PEOPLE, before a Jury under common-law.
In matter after matter, we have seen with amazement that the Congress cannot agree to do anything correct, but has no problem agreeing to give themselves raises and enrich their power and purses of friends.
We have seen that despite Constitution, Statute, U.S. Supreme Court Precedent, and Treaty, that we of THE PEOPLE with the most biting issues are ignored by the courts.
Meanwhile, the Executive Branch glories in its power and control to harass and oppress the people with the powers unlawfully seized by the Congress.
It is my hope that the Continental Congress will be the beginning and center point of a movement that finally shows THE PEOPLE a means of enforcement of the fundamental law which is THEIR RIGHTS.
(No, that is not a typographical error. Your Rights are the Fundamental Law that can never be changed by any vote of any body of human beings.)
It is my hope that one day soon the concerned People of America will concurrently implement the Recall Petitions herein to enforce their demand for a real choice and real election, not the same insanity of voting back and forth for either of the two criminal gangs who have brought this nation to ruin.
So here is the hyperlinked list:
RECALL U.S. SENATORS NOW
This was expected
Judicial and Legislative Tyranny
E. Pluribus Unum - The Spirit of 9-12-2009
You say you want a Revolution?… (Just who are the Revolutionaries)
They will say you want a Civil War…
Petition Structure and Substance
The Ultimate Despised Petition
Judge Proves In Perpetuum
__________________________________________________
THE ARTICLE STARTS HERE
The cause of the Petitions and the Continental Congress are one in the same.
The fact is that despite the authors of the Constitution and the Founders best efforts at making a system of Checks and Balances, something has seeped into the function of government that has made checks and balances to be a cruel hoax. A sick joke.
One of the Founders in particular (perhaps Benjamin Franklin), or someone in the Pennsylvania Constitutional Convention (1776) either understood the problem with checks and balances being left only in the laps of those being paid to exercise power, and therefore gave everyone in the Convention an education to the point that they adopted a clause that created a "Council of Censors".
“SECT. 47. In order that the freedom of the commonwealth may be preserved inviolate forever, there shall be chosen by ballot by the freemen … called the COUNCIL OF CENSORS… whose duty it shall be to enquire whether the constitution has been preserved inviolate in every part; and whether the legislative and executive branches of government have performed their duty as guardians of the people, or assumed to themselves, or exercised other or greater powers than they are intitled (sic) to by the constitution: They are also to enquire whether the public taxes have been justly laid and collected in all parts of this commonwealth, in what manner the public monies have been disposed of, and whether the laws have been duly executed… they shall have power to send for persons, papers, and records; they shall-have authority to pass public censures, to order impeachments, and to recommend to the legislature the repealing such laws as appear to them to have been enacted contrary to the principles of the constitution.”
The job was simple, The only function of this body was just like a Police Citizens Review Committee. To identify and root out perpetrators of wrong acts.
In previous articles I did show some comments about the Magna Carta from Sir Winston Churchill, which shows the foundational concept of the limitation of legislative authority over Rights and the authority of any and all persons to enforce the constitution of the nation as constructed on fundamental law.
Whether one see Churchill as his enemy who agrees with our Rights being the SUPREME LAW, or an ally of Freedom, the fact of the inviolate nature of Rights in the face of legislative tyranny are still made clear.
The History of America has shown us that Checks and Balances have failed, whether the person is elected into Office or Appointed to the High Court, there is no difference. There is no shelter for any within and without government who point out the lawlessness.
Apparently, since the Constitution does not enforce itself, it appears that the only Amendment needed is for the Creation of a Council of Censors with a Police/Guard Force, Prison, and Prosecutor (hopefully a non-lawyer) to try the perpetrators of Crimes against THE PEOPLE, before a Jury under common-law.
In matter after matter, we have seen with amazement that the Congress cannot agree to do anything correct, but has no problem agreeing to give themselves raises and enrich their power and purses of friends.
We have seen that despite Constitution, Statute, U.S. Supreme Court Precedent, and Treaty, that we of THE PEOPLE with the most biting issues are ignored by the courts.
Meanwhile, the Executive Branch glories in its power and control to harass and oppress the people with the powers unlawfully seized by the Congress.
It is my hope that the Continental Congress will be the beginning and center point of a movement that finally shows THE PEOPLE a means of enforcement of the fundamental law which is THEIR RIGHTS.
(No, that is not a typographical error. Your Rights are the Fundamental Law that can never be changed by any vote of any body of human beings.)
It is my hope that one day soon the concerned People of America will concurrently implement the Recall Petitions herein to enforce their demand for a real choice and real election, not the same insanity of voting back and forth for either of the two criminal gangs who have brought this nation to ruin.
Thursday, November 5, 2009
Judge Proves In Perpetuum
The point of the Petitions drawing the lines for the impending Battle:
Statutory Law v. Natural Law/Fundamental Law/Unalienable In Perpetuum Rights
The Regulation of Liberty and Freedom is the destruction of Liberty and Freedom.
Stand up and be counted.
Support the adoption of the Petitions by the Continental Congress.
The Government is the insidious enemey as he points out.
Statutory Law v. Natural Law/Fundamental Law/Unalienable In Perpetuum Rights
The Regulation of Liberty and Freedom is the destruction of Liberty and Freedom.
Stand up and be counted.
Support the adoption of the Petitions by the Continental Congress.
The Government is the insidious enemey as he points out.
Tuesday, November 3, 2009
The Ultimate Despised Petition
Previously, I left off a prior article with this:
"Here is a law which is above the King and Parliament, and which even He and They must not and may not legally break. And in the event they or anyone else were to try to abrogate it, such attempt at abrogation shall have no force nor effect [1297] and can be safely ignored with no legal ill effect. In addition, in the event of successful attempts at abrogation of such liberties, customs, or rights, the King has commanded and do hereby compel any and all subjects to swear oath to join the barons to assail the properties and persons and families of those (saving the King, Queen and the royal children) who had successfully completed such abrogation, including but not limited to that of the individual Members of Parliament who had voted in favor of any such successful attempts at abrogation [1215]. This reaffirmation of a supreme law and its expression in a general charter is the great work of Magna Carta; and this alone justifies the respect in which men have held it."
--Quote by Sir Winston Churchill, 1956
This comment about section 61 of the Magna Carta leaves the reader with an uncomfortable vision of public unrest and convulsion.
This was in the original Magna Carta, and removed in the subsequent re-issues by the Crown.
Since America exists today by the Declaration of Independence, it is clear that the Founders of America had resurrected Article 61, having had enough of the game being played by “British Rules.” (constantly changing as you go along)
The state of New Hampshire seems to have understood that this provision of law is alive and well:
Also Maryland:
Pennsylvania said:
Tennessee as well:
Georgia:
New Jersey:
Virginia:
The reasoning supporting this idea of government FOR THE PEOPLE, BY THE PEOPLE, against the notion of eternal struggle against the Right of Kings was also addressed in the Founding of the States:
New Jersey:
“…allegiance and protection are, in the nature of things, reciprocal ties, each equally depending upon the other, and liable to be dissolved by the others being refused or withdrawn.”
Georgia:
North Carolina:
New Hampshire:
Here is a little comment from Virginia that reveals not only the breadth of UNALIENABLE, but also the limitations of societal contracts on UNALIENABLE Rights:
Thus, just as West Virginia Board of Education v. Barnette explained (where the Nazi-like salute to the Flag was struck by the high Court), Civil War or no Civil War, the form of the government being about UNALIENABLE RIGHTS, never has gone away.
It is then significant that Magna Carta as represented above by Sir Winston Churchill well reveals the first of despised petitions is non compliance:
such a course of action is a nice idea if the Jury was not usurped as the Courts have cultivated and allowed. (That is addressed in the Causes of the Petitions.)
This leaves the act of War against the Legislators, Courts, and Executives as the final course of action against the usurpers of OUR GOVERNMENT; WE THE PEOPLE and OUR UNALIENABLE RIGHTS.
Who is ready to risk all against the usurpers in their kangaroo Courts? None.
Who is ready to be violent? Hopefully none.
For over 30 years the Patriots who have chosen those courses are buried or waste in prison as this Author may soon be doing, and THE PEOPLE do nothing still.
But we are still not at that final place yet.
Such is why I have created the Petitions for Recall.
The author senses that because so many have awakened these Petitions for Recall have a chance of changing the circumstances. That they are the final option as a political reality, as well as an educational toolof reforming our minds. Not just educational when the usurping government slaps THE PEOPLE yet again in the face, but educational in providing conviction in the hearts of those who hurt enough in these circumstances that they are drawn to demand action and can identify real action that will reform the government.
The Continental Congress will meet in just over a week 2009 to try and devise a course of action. Well folks, successful action is going to require inclusion and motivation of the largest numbers of people, now that so many are awakened to the immediacy of Reform.
The causes of the Patriots in the past seemed too light for the forcing of change by the majority enjoying their materialism. With the States now on the verge of collapse, the weight of current events have drawn more of the PEOPLE out into the streets clamoring for actual change of direction, not just the change of the individuals who are beating the life out of THE PEOPLE. (This past election, THE PEOPLE vote to have the guy on the left beat on them for a while, and in 7 short months they tired of that.)
Perhaps these Petitions will provide America with the foundational education that is needed to avoid the Magna Carta Article 61 option.
If the groups clamoring for reform do not pick up on the idea of these Petitions, we will just see THE PEOPLE ask the guy on the Right to take over for a while yet again. (No difference in that, just look at his deficit spending.)
Conditions as deteriorated as they are, and government persists, I will then expect convulsive violence, as so many do not trust the government or either of the two gangs any more, and they as individuals will be out of money to have time to buy the next false promise.
If the dollar collapse presses the no confidence vote in a collapsed government, THE PEOPLE will have no choice but to ignore all of the laws and government intrusion that is between them and survival. Without an education of fundamental Law of UNALIENABLE, what America will be will not be Anarchy, but will be lawless chaos.
The only difference between these two futures is a national cohesive group taking action in proper lawful light.
"Here is a law which is above the King and Parliament, and which even He and They must not and may not legally break. And in the event they or anyone else were to try to abrogate it, such attempt at abrogation shall have no force nor effect [1297] and can be safely ignored with no legal ill effect. In addition, in the event of successful attempts at abrogation of such liberties, customs, or rights, the King has commanded and do hereby compel any and all subjects to swear oath to join the barons to assail the properties and persons and families of those (saving the King, Queen and the royal children) who had successfully completed such abrogation, including but not limited to that of the individual Members of Parliament who had voted in favor of any such successful attempts at abrogation [1215]. This reaffirmation of a supreme law and its expression in a general charter is the great work of Magna Carta; and this alone justifies the respect in which men have held it."
--Quote by Sir Winston Churchill, 1956
This comment about section 61 of the Magna Carta leaves the reader with an uncomfortable vision of public unrest and convulsion.
This was in the original Magna Carta, and removed in the subsequent re-issues by the Crown.
Since America exists today by the Declaration of Independence, it is clear that the Founders of America had resurrected Article 61, having had enough of the game being played by “British Rules.” (constantly changing as you go along)
The state of New Hampshire seems to have understood that this provision of law is alive and well:
"10. Government being instituted for the common benefit, protection, and security, of the whole community, and not for the private interest or emolument of any one man, family, or class of men; therefore, whenever the ends of government are perverted, and public liberty manifestly endangered, and all other means of redress are ineffectual, the people may, and of right ought to reform the old, or establish a new government. The doctrine of nonresistance against arbitrary power, and oppression, is absurd, slavish, and destructive of the good and happiness of mankind."
Also Maryland:
"IV. That all persons invested with the legislative or executive powers of government are the trustees of the public, and, as such, accountable for their conduct; wherefore, whenever the ends of government are perverted, and public liberty manifestly endangered, and all other means of redress are ineffectual, the people may, and of right ought, to reform the old or establish a new government. The doctrine of non-resistance, against arbitrary power and oppression, is absurd, slavish, and destructive of the good and happiness of mankind."
Pennsylvania said:
"VI. That those who are employed in the legislative and executive business of the State, may be restrained from oppression, the people have a right, at such periods as they may think proper, to reduce their public officers to a private station,"
Tennessee as well:
"II. That government being instituted for the common benefit, the doctrine of non-resistance against arbitrary power and oppression, is absurd, slavish and destructive to the good and happiness of mankind."
2. God has ordained that men shall live under government; but as the forms and administration of civil government are in human, and therefore, fallible hands, they may be altered, or modified whenever the safety or happiness of the governed requires it. No government should be changed for light or transient causes; nor unless upon reasonable assurance that a better will be established.
New Jersey:
"2. a. All political power is inherent in the people. Government is instituted for the protection, security, and benefit of the people, and they have the right at all times to alter or reform the same, whenever the public good may require it."
"SEC. 3. That government is, or ought to be, instituted for the common benefit, protection, and security of the people, nation, or community; of all the various modes and forms of government, that is best which is capable of producing the greatest degree of happiness and safety, and is most effectually secured against the danger of maladministration; and that, when any government shall be found inadequate or contrary to these purposes, a majority of the community hath an indubitable, inalienable, and indefeasible right to reform, alter, or abolish it, in such manner as shall be judged most conducive to the public weal."
The reasoning supporting this idea of government FOR THE PEOPLE, BY THE PEOPLE, against the notion of eternal struggle against the Right of Kings was also addressed in the Founding of the States:
New Jersey:
“…allegiance and protection are, in the nature of things, reciprocal ties, each equally depending upon the other, and liable to be dissolved by the others being refused or withdrawn.”
Georgia:
“3. Protection to person and property is the duty of Government; and a Government which knowingly and persistently denies, or withholds from the governed such protection, when within its power, releases from the obligation of obedience.”
North Carolina:
“Whereas, allegiance and protection are in their nature reciprocal, and the one should of right be refused when the other is withdrawn;"
New Hampshire:
“3. When men enter into a state of society, they surrender up some of their natural rights to that society, in order to ensure the protection of others; and, without such an equivalent, the surrender is void.”
"SECTION 1. That all men are by nature equally free and independent, and have certain inherent rights, of which, when they enter into a state of society, they cannot, by any compact, deprive or divest their posterity, namely, the enjoyment of life and liberty, with the means of acquiring and possessing property, and pursuing and obtaining happiness and safety."
Thus, just as West Virginia Board of Education v. Barnette explained (where the Nazi-like salute to the Flag was struck by the high Court), Civil War or no Civil War, the form of the government being about UNALIENABLE RIGHTS, never has gone away.
It is then significant that Magna Carta as represented above by Sir Winston Churchill well reveals the first of despised petitions is non compliance:
“...at abrogation shall have no force nor effect [1297] and can be safely ignored with no legal ill effect”
This leaves the act of War against the Legislators, Courts, and Executives as the final course of action against the usurpers of OUR GOVERNMENT; WE THE PEOPLE and OUR UNALIENABLE RIGHTS.
Who is ready to risk all against the usurpers in their kangaroo Courts? None.
Who is ready to be violent? Hopefully none.
For over 30 years the Patriots who have chosen those courses are buried or waste in prison as this Author may soon be doing, and THE PEOPLE do nothing still.
But we are still not at that final place yet.
Such is why I have created the Petitions for Recall.
The author senses that because so many have awakened these Petitions for Recall have a chance of changing the circumstances. That they are the final option as a political reality, as well as an educational toolof reforming our minds. Not just educational when the usurping government slaps THE PEOPLE yet again in the face, but educational in providing conviction in the hearts of those who hurt enough in these circumstances that they are drawn to demand action and can identify real action that will reform the government.
The Continental Congress will meet in just over a week 2009 to try and devise a course of action. Well folks, successful action is going to require inclusion and motivation of the largest numbers of people, now that so many are awakened to the immediacy of Reform.
The causes of the Patriots in the past seemed too light for the forcing of change by the majority enjoying their materialism. With the States now on the verge of collapse, the weight of current events have drawn more of the PEOPLE out into the streets clamoring for actual change of direction, not just the change of the individuals who are beating the life out of THE PEOPLE. (This past election, THE PEOPLE vote to have the guy on the left beat on them for a while, and in 7 short months they tired of that.)
Perhaps these Petitions will provide America with the foundational education that is needed to avoid the Magna Carta Article 61 option.
If the groups clamoring for reform do not pick up on the idea of these Petitions, we will just see THE PEOPLE ask the guy on the Right to take over for a while yet again. (No difference in that, just look at his deficit spending.)
Conditions as deteriorated as they are, and government persists, I will then expect convulsive violence, as so many do not trust the government or either of the two gangs any more, and they as individuals will be out of money to have time to buy the next false promise.
If the dollar collapse presses the no confidence vote in a collapsed government, THE PEOPLE will have no choice but to ignore all of the laws and government intrusion that is between them and survival. Without an education of fundamental Law of UNALIENABLE, what America will be will not be Anarchy, but will be lawless chaos.
The only difference between these two futures is a national cohesive group taking action in proper lawful light.
Saturday, October 31, 2009
Petition Structure and Substance
As the groups who are interested in the Recall Petitions gather and examine these first drafts here at inperpetuumright.blogspot.com, there are obvious questions of structure and substance.
While the author has done considerable research in support of the cause of these Petitions it is well understood that each State, and each group that might adopt this cause may make some alterations.
Uniformity being the key to cooperation between the groups, and cooperation being the key to the success of gathering the maximum number of signatures, most of these Petitions follow the same basic format, save a little adjustment to Michigan and New Hampshire are probably in order.
Someone wrote to me and made the usual complaint of the use of big words that People do not know the meaning of, like PREAMBLE.
The preamble is a beginning paragraph of a document that explains its purpose. Most Constitutions have preambles, and some Bills of Rights as well.
The substance of the Preamble of the Petitions are basically the same from State to State depending upon if it was an Original State, a free standing State prior to entry into the Union (CA TX, TN), or a State formed from a Territory. So a study of the Petitions will lead to recognition of three basic differences.
It must be noted, that through the influence of Hello Michigan Blog, that the latter part of the language of the Preamble was taken from an opinion piece written by Steven J Silva, "‘We the People’ must defend the U.S. Constitution". Mr. Silva is a Delegate to the CC2009 for New Jersey.
The language was befitting and to the point as to who is to blame for the problems of this nation. Therefore, it is time to empower THE PEOPLE Beyond the Vote
This second section of the Petition for Recall was an apparent elaboration of the first part of the Preamble.
Whatever it is that we seek to do as THE PEOPLE needs to be grounded in law.
In this case the debate at formation of the document was statutory law verses common-law/fundamental law and Right.
It is for this reason that the statutory laws of each state were not consulted in the end. Many States have laws governing Recall Elections, and the process of creating the Petition is long and drawn out and the language has to be approved by the Secretary of State and then a Recall Election is scheduled.
As the reader may have noted, this is not the request for a Recall Election/referendum as one will find in the present New Jersey Bill of Rights which only requires 25% of the voters to call for a Recall Election.
This Petition process is to cause the exposure of an even greater groundswell, and we want these People out, NOW! To be replaced by THE PEOPLE not the governor.
To achieve this the author was originally looking at just the fact that THE PEOPLE now elect the Senators by Popular vote (it used to be the State Legislatures that did this), therefore the Senators are directly accountable to THE PEOPLE.
To confirm this Right it was decided that he would set out to look at each State’s Original Constitution to place before all the fact that it was THE PEOPLE who created the Government and all government is accountable to them at all times.
He believes that he has achieved this objective.
After floating the idea nationally, one Patriot leader dismissed the effort claiming that the Courts have decided that THE PEOPLE cannot recall their Senators because the Constitution does not contain language to allow that.
In response, and using California Constitution and Article IX of the Bill of Rights (1789) as an Example, the reasoning of the Court is outrageous:
So, this section is not about asking Courts or Elected officials for permission to have our country and our UNALIENABLE RIGHTS back.
There is little doubt that the government will resist an effort such as this, but…judging from the ground swell of America who has awakened to the fraud that this government is, they will resist the effort only to swell our ranks, increase the outrage of THE PEOPLE, and at their own peril.
Reformation does not come without pain and struggle. Like a junkie getting off the stuff, there will be pain, but reformation will put an end to the game of the two gang system who both profit from our ignorance and their wars against our Freedoms.
The most important part of the causes was to make each one regarding a Constitutional violation by the Senate of UNALIENABLE Rights.
Some have said that some of the causes constructed by the author are “political” and not constitutional.
I find this hard to believe since the Constitution has over 40 statements against the Congress in that it shall not do this that or the other thing.
I find such a conclusion against the causes to generally be uninformed since the Congress really has no power to influence circumstances of THE PEOPLE of the States except by the Commerce Clause.
So when examining the CAUSES section, keep this in mind, the Congress is limited in its legislative authority by the Constitution.
Don’t believe me, take a look at this:
So what about this circumstance where the Courts have ignored their duties under Byars and Mugler above, and not kept the statutory law in check against the encroachment upon our liberties?
Such a notion is not alien to our laws as Mugler shows, as well as this following case on Habeas Corpus:
Government oppression is endemic in any place where there is power. Unfortunately for America the Courts are equally oppressive as the Legislature. There is no difference between them, probably because lawyers infest both of these branches of government.
The Jury was supposed to guard against that result, but the Recall Petition shows the War that the Senate has allowed to run against THE PEOPLE that way.
It is made clear by the Constitutions of the States, government exists for the Peace, Tranquility, and Prosperity of THE PEOPLE. This is the criteria by which the Senate was supposed to vote within the confines of the Legislative Estate.
They have oft traveled far off the plantation.
It was the authors effort to wrap up the Petition with an even more simplified conclusion than Preamble.
With the facts being well addressed in the Command of Right and CAUSES section, it only bears reiteration that WE are THE PEOPLE. THE PEOPLE are the government (thus the People can never be accused of treason, rebellion, or insurrection).
This idea is old and accepted, coming from the Magna Carta Article 61. I close this Article with this despised petition:
While the author has done considerable research in support of the cause of these Petitions it is well understood that each State, and each group that might adopt this cause may make some alterations.
Uniformity being the key to cooperation between the groups, and cooperation being the key to the success of gathering the maximum number of signatures, most of these Petitions follow the same basic format, save a little adjustment to Michigan and New Hampshire are probably in order.
PREAMBLE
Someone wrote to me and made the usual complaint of the use of big words that People do not know the meaning of, like PREAMBLE.
The preamble is a beginning paragraph of a document that explains its purpose. Most Constitutions have preambles, and some Bills of Rights as well.
The substance of the Preamble of the Petitions are basically the same from State to State depending upon if it was an Original State, a free standing State prior to entry into the Union (CA TX, TN), or a State formed from a Territory. So a study of the Petitions will lead to recognition of three basic differences.
It must be noted, that through the influence of Hello Michigan Blog, that the latter part of the language of the Preamble was taken from an opinion piece written by Steven J Silva, "‘We the People’ must defend the U.S. Constitution". Mr. Silva is a Delegate to the CC2009 for New Jersey.
The language was befitting and to the point as to who is to blame for the problems of this nation. Therefore, it is time to empower THE PEOPLE Beyond the Vote
COMMAND OF RIGHT
This second section of the Petition for Recall was an apparent elaboration of the first part of the Preamble.
Whatever it is that we seek to do as THE PEOPLE needs to be grounded in law.
In this case the debate at formation of the document was statutory law verses common-law/fundamental law and Right.
It is for this reason that the statutory laws of each state were not consulted in the end. Many States have laws governing Recall Elections, and the process of creating the Petition is long and drawn out and the language has to be approved by the Secretary of State and then a Recall Election is scheduled.
As the reader may have noted, this is not the request for a Recall Election/referendum as one will find in the present New Jersey Bill of Rights which only requires 25% of the voters to call for a Recall Election.
After the appearance of 3.6 Million People in D.C. and 4 million pink slips being delivered to Congress the groundswell numbers of disaffected and disenfranchised Americans is exposed.
This Petition process is to cause the exposure of an even greater groundswell, and we want these People out, NOW! To be replaced by THE PEOPLE not the governor.
To achieve this the author was originally looking at just the fact that THE PEOPLE now elect the Senators by Popular vote (it used to be the State Legislatures that did this), therefore the Senators are directly accountable to THE PEOPLE.
To confirm this Right it was decided that he would set out to look at each State’s Original Constitution to place before all the fact that it was THE PEOPLE who created the Government and all government is accountable to them at all times.
He believes that he has achieved this objective.
After floating the idea nationally, one Patriot leader dismissed the effort claiming that the Courts have decided that THE PEOPLE cannot recall their Senators because the Constitution does not contain language to allow that.
In response, and using California Constitution and Article IX of the Bill of Rights (1789) as an Example, the reasoning of the Court is outrageous:
Sec. 2. All political power is inherent in the people. Government is instituted for the protection, security, and benefit of the people; and they have the right to alter or reform the same, whenever the public good may require it.
Sec. 21. This enumeration of rights shall not be construed to impair or deny others retained by the people.
"ARTICLE IX
The enumeration in the Constitution of certain Rights shall not be construed to deny or disparage others retained by the People."
So, this section is not about asking Courts or Elected officials for permission to have our country and our UNALIENABLE RIGHTS back.
It is a COMMAND of RIGHT.
There is little doubt that the government will resist an effort such as this, but…judging from the ground swell of America who has awakened to the fraud that this government is, they will resist the effort only to swell our ranks, increase the outrage of THE PEOPLE, and at their own peril.
Reformation does not come without pain and struggle. Like a junkie getting off the stuff, there will be pain, but reformation will put an end to the game of the two gang system who both profit from our ignorance and their wars against our Freedoms.
CAUSES
The most important part of the causes was to make each one regarding a Constitutional violation by the Senate of UNALIENABLE Rights.
Some have said that some of the causes constructed by the author are “political” and not constitutional.
I find this hard to believe since the Constitution has over 40 statements against the Congress in that it shall not do this that or the other thing.
I find such a conclusion against the causes to generally be uninformed since the Congress really has no power to influence circumstances of THE PEOPLE of the States except by the Commerce Clause.
So when examining the CAUSES section, keep this in mind, the Congress is limited in its legislative authority by the Constitution.
Don’t believe me, take a look at this:
“The government, when so formed, may, and when called upon should, exercise all the powers it has for the protection of the rights of its citizens and the people within its jurisdiction, but it can exercise no other. The duty of a government to afford protection is limited always by the power it possesses for that purpose.” (emphasis added) United States v. Cruikshank, 92 U. S. 542, 549 (1875)
"[T]he court must be vigilant to scrutinize the attendant facts with an eye to detect and a hand to prevent violations of the Constitution by circuitous and indirect methods. Constitutional provisions for the security of person and property are to be liberally construed, and ‘it is the duty of courts to be watchful for the constitutional rights of the citizen, and against any stealthy encroachments thereon.' Boyd v. United States, 116 U.S. 616, 635 , 6 S. Ct. 524, 535 (29 L. Ed. 746); Gouled v. United States, 255 U. S. 304, 41 S. Ct. 261, supra." Byars v. U.S., 273 US 28, 32 (1927)
“It does not at all follow that every statute enacted ostensibly for the promotion of these ends is to be accepted as a legitimate exertion of the police powers of the state. There are, of necessity, limits beyond which legislation cannot rightfully go. While every possible presumption is to be indulged in favor of the validity of a statute, (Sinking Fund Cases, 99 U.S. 718 ,) the courts must obey the constitution rather than the law-making department of government, and must, upon their own responsibility, determine whether, in any particular case, these limits have been passed. 'To what purpose,' it was said in Marbury v. Madison, 1 Cranch, 137, 167, 'are powers limited, and to what purpose is that limitation committed to writing, if these limits may, at any time, be passed by those intended to be restrained? The distinction between a government with limited and unlimited powers is abolished, if those limits do not confine the persons on whom they are imposed, …' The courts are not bound by mere forms, nor are they to be misled by mere pretenses. They are at liberty, indeed, are under a solemn duty, to look at the substance of things, whenever they enter upon the inquiry whether the legislature has transcended the limits of its authority. If, therefore, a statute purporting to have been enacted to protect the public health, the public morals, or the public safety, has no real or substantial relation to those objects, or is a palpable invasion of rights secured by the fundamental law, it is the duty of the courts to so adjudge, and thereby give effect to the constitution.”
Mugler v. Kansas, 123 US 623, 661 (1887)
"It is inconceivable that guaranties embedded in the Constitution of the United States may thus be manipulated out of existence." Frost & Frost Trucking Co. v. Railroad Commission of California, 271 U.S. 583, 271 U.S. 594”
Gomillion v. Lightfoot, 364 U.S. 339, 345 (1960)
"No public policy of a state can be allowed to override the positive guarantees of the U.S. Constitution." 16 Am.Jur. (2nd), Const. Law, § 70
“The very purpose of a Bill of Rights was to withdraw certain subjects from the vicissitudes of political controversy, to place them beyond the reach of majorities and officials and to establish them as legal principles to be applied by the courts. One's right to life, liberty, and property, to free speech, a free press, freedom of worship and assembly, and other fundamental rights may not be submitted to vote; they depend on the outcome of no elections. " (emphasis added)
West Virginia Board of Education v. Barnette,
319 U.S. 624, 638 (1943)(Opinion, J. Jackson)
“His rights are such as existed by the law of the land long antecedent to the organization of the State, and can only be taken away from him by due process of law and in accordance with the Constitution.”
Hale v. Henkle, 201 U.S. 43, 47 1905
"But the fundamental rights to life, liberty, and the pursuit of happiness, considered as individual possessions, are secured by those maxims of constitutional law which are the monuments showing the victorious progress of the race in securing to men the blessings of civilization under the reign of just and equal laws, so that, in the famous language of the Massachusetts bill of rights, the government of the commonwealth 'may be a government of laws and not of men.' For the very idea that one man may be compelled to hold his life, or the means of living, or any material right essential to the enjoyment of life, at the mere will of another, seems to be intolerable in any country where freedom prevails, as being the essence of slavery itself.”
Yick Wo vs. Hopkins, 118 US 356, 370 (1886)
When a Court goes beyond its authority it is called a “usurpation of power” and extraordinary remedy may be invoked. (Will v. United States, 389 U.S. 95-96, (1967))
So what about this circumstance where the Courts have ignored their duties under Byars and Mugler above, and not kept the statutory law in check against the encroachment upon our liberties?
Such a notion is not alien to our laws as Mugler shows, as well as this following case on Habeas Corpus:
“These are not extravagant expressions. Behind them may be discerned the unceasing contest between personal [Page 372 U. S. 401] liberty and government oppression. It is no accident that habeas corpus has, time and again, played a central role in national crises wherein the claims of order and of liberty clash most acutely not only in England in the seventeenth century, [Footnote 8] but also in America from our very beginnings, and today. [Footnote 9] Although in form the Great Writ is simply a mode of procedure, its history is inextricably intertwined with the growth of fundamental rights of personal liberty. For its function has been to provide a prompt and efficacious remedy…”
Fay v. Noia, 372 U.S. 391, 399-401 (1963)
Government oppression is endemic in any place where there is power. Unfortunately for America the Courts are equally oppressive as the Legislature. There is no difference between them, probably because lawyers infest both of these branches of government.
The Jury was supposed to guard against that result, but the Recall Petition shows the War that the Senate has allowed to run against THE PEOPLE that way.
It is made clear by the Constitutions of the States, government exists for the Peace, Tranquility, and Prosperity of THE PEOPLE. This is the criteria by which the Senate was supposed to vote within the confines of the Legislative Estate.
They have oft traveled far off the plantation.
CONCLUSION
It was the authors effort to wrap up the Petition with an even more simplified conclusion than Preamble.
With the facts being well addressed in the Command of Right and CAUSES section, it only bears reiteration that WE are THE PEOPLE. THE PEOPLE are the government (thus the People can never be accused of treason, rebellion, or insurrection).
This idea is old and accepted, coming from the Magna Carta Article 61. I close this Article with this despised petition:
"Here is a law which is above the King and Parliament, and which even He and They must not and may not legally break. And in the event they or anyone else were to try to abrogate it, such attempt at abrogation shall have no force nor effect [1297] and can be safely ignored with no legal ill effect. In addition, in the event of successful attempts at abrogation of such liberties, customs, or rights, the King has commanded and do hereby compel any and all subjects to swear oath to join the barons to assail the properties and persons and families of those (saving the King, Queen and the royal children) who had successfully completed such abrogation, including but not limited to that of the individual Members of Parliament who had voted in favor of any such successful attempts at abrogation [1215]. This reaffirmation of a supreme law and its expression in a general charter is the great work of Magna Carta; and this alone justifies the respect in which men have held it."
--Quote by Sir Winston Churchill, 1956
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