Thursday, January 21, 2010

Articles of Freedom, part 4





This is a series of posts concerning the works of the 2009 Continental Congress. Last week I wrote about Article 2 of the Articles of Freedom, which was entitled “Constitutional Laws And The Declaration Of Independence”. Now I will continue with Article 3, the text of which follows my comments. I basically agree with it.

Section A of this third of the Articles of Freedom states, “A President who refuses every request to provide evidence that he is a Natural Born Citizen, as Article II requires.” I would added the word “alleged” or some other word to that effect before the word “President”.

When it says (see instruction B#1 and D#1), “affirming the jurisdiction of all federal courts to hear challenges to the Constitutionality of any action by any state or federal public official, elected or appointed, or agency or department”, I would have added the following language: “subject to exceptions lawfully made by Congress according to Article III section 2”.

I don’t see the purpose of the REMEDIAL INSTRUCTION #2 TO CONGRESS. Why is it divided into two points which are exactly the same except the first covers “proper” petitions and the second covers “all other” petitions?

Under instruction D#3 (to the Supreme Court) it says, “Remove any judge from office who violates the above, for violating his or her Oath of Office, and disqualify him or her from holding public office thereafter, all in accordance with existing Rules.” I don’t see how the U.S. Supreme Court has the legal authority to remove misbehaving judges. Article I section 3 gives the Senate the sole Power to try all impeachments. (The House of Representatives initiates the process.) The Chief Justice of the U.S. Supreme Court only presides when the President is impeached, not judges. The instruction is rightfully given to Congress in REMEDIAL INSTRUCTION #1.

As far as the civic action to signing this document, I don’t think I’m going to do it. Its not so much because of what I disagree with, but what’s missing. I get to that in a later article, Lord willing.

ARTICLE 3.

PETITIONS FOR REDRESS AND THE FIRST AMENDMENT

A. BACKGROUND AND STATEMENT OF THE FACTS

The Constitution for The United States of America is being violated. It has been violated over many years, by many administrations, by every branch of government, by each party.

Much as our forefathers repeatedly petitioned the King for redress of violation of their rights, We the People, pursuant to the last ten words of the First Amendment to the Constitution, otherwise known as the “accountability clause”, have repeatedly petitioned the three branches of our federal government for Redress of Grievances. The People have petitioned in many ways, over many years, by many means including, by individual, informal, written, and verbal communication, and by countless formal proper Petitions for Redress of Grievances. [See attached petitions]

Among the proper petitions filed are those related to:

1. Meddling in the internal affairs of other countries without any constitutional authority;

2. Undeclared wars in violation of the War Powers Clauses of Articles I and II;

3. The gifting and lending of public money and credit to private corporations for decidedly private purposes – bailouts – without any constitutional authority whatsoever;

4. A debt-based, fiat currency controlled by the Federal Reserve System, a cartel of private banks, all in violation of the Money Clauses of Article I;

5. Direct, un-apportioned taxes on labor in violation of the Tax Clauses of Article I;

6. Invasion of privacy and a developing police state in violation of the Privacy Clauses of the

4th Amendment;

7. Un-enforced immigration laws in violation of that mandate, plainly-worded in Article II of the Constitution, that requires the president to faithfully execute the laws;

8. A President who refuses every request to provide evidence that he is a Natural Born Citizen, as Article II requires.

9. The counting of votes in secret, as all machines do, in violation of the constitutional Right not only to vote, but to know that all votes are being accurately counted;

10. The absence of well-regulated State Militias, and the presence of federal gun control laws that violate the 2nd Amendment; and

11. The government’s attempt to merge the governments of the United States, Mexico, and Canada into a “North American Union.”

These Petitions for Redress of Constitutional violations have been answered only with repeated injury. For instance, the Petitions served upon officials in the Executive and Legislative branches have been answered only with silence, notwithstanding the fact that the Government is obligated to respond, as the fulfillment of the logical process implied by the Accountability Clause (i.e., the last ten words of the First Amendment), which instructs the People of their Right to Petition and thus their Right to be answered. Petitions for Redress filed with the courts by individuals or small groups are repeatedly dismissed for “lack of standing.” Before the Courts will hear a constitutional challenge of a violation by the Government, they require each and every individual Petitioner to prove to the Court that he has the right to “stand” before the Court to argue his case against the Government. To prove his “standing,” the courts require proof that the Petitioner’s injury (resulting from the government’s violation of the Constitution) is different in kind and degree – more concrete and particularized -- than the harm suffered by every other person in the country. Since this is not possible, the Court’s definition of "Standing" means that all unwelcomed constitutional challenges from the People will be dismissed. This position prevents the very foundation upon which the Declaration of Independence and Constitution are built: that each and every provision of the Constitution is a guarantee to each and every person of an INDIVIDUAL, UNALIENABLE RIGHT. In a system based on the Letter and Spirit of our Founding Documents, every violation of the Constitution does in fact injure or harm the INDIVIDUAL, and should thereby give him or her the RIGHT to stand in Court to seek relief.

Under these facts and circumstances, it is well settled in American jurisprudence that silence is an admission. The government, by its silence, has admitted to its violations of the Constitution.

Wherefore, We the People now find the three branches of government to be in violation of the Accountability Clause of the First Amendment of the Constitution; the public officials to be guilty of dereliction of duty in violation of their Oath of Office; and their actions, as listed in the aforementioned Petitions for Redress, to be outside the boundaries drawn around their power and, therefore, unconstitutional.

B. REMEDIAL INSTRUCTION #1 TO CONGRESS

Because the federal judiciary dismisses for “lack of standing” or “lack of jurisdiction” those Petitions by citizens who seek to remedy violations of the Constitution by public officials, the Congress of the United States shall adopt legislation to amend the Federal Rules of Civil Procedure and the Federal Rules of Criminal Procedure:

1. affirming the jurisdiction of all federal courts to hear challenges to the Constitutionality of any action by any state or federal public official, elected or appointed, or agency or department; and

2. to prohibit any and all federal courts from denying standing to any individual to challenge the Constitutionality of any action by any state or federal public officials, elected or appointed; and

3. to assure that any state or federal judge who violates the Rule related to paragraph “1” or “2” above shall be deemed to have violated his or her Oath of Office and shall be removed from office in accordance with existing Rules and disqualified from holding public office thereafter, and

4. defining the meaning of the word “proper,” within the context of the first paragraph above, as follows:

The term “Petition” is not defined in the Constitution. To be sure, a communication, to be protected as a Petition to the Government for Redress of Grievances would have to embody certain components to ensure that the document was a Petition and not a “pretended petition.” Not all communications, nor just any document, can be regarded as a Constitutionally-protected Petition for Redress of Grievances. Petitions for Redress that qualify for protection by the First Amendment include Petitions to remedy violations of the Constitution, which:

 are serious and documented, not frivolous;

 contain no falsehoods;

 are not absent probable cause;

 have the quality of a dispute;

 come from a person outside of the formal political culture;

 contain both a “direction” and a “demand” for relief;

 have been punctilious (meaning, it follows formatting conventions);

 address public, collective grievances;

 involve Constitutional Principles;

 have been signed only or primarily by citizens;

 have been dignified (meaning authenticated);

 have widespread participation and consequences;

 are instruments of deliberation not agitation;

 prove new information;

 do not advocate violence or crime.

C. REMEDIAL INSTRUCTION #2 TO CONGRESS

Because public officials in the Legislative and Executive branches refuse to respond to proper Petitions for Redress of Grievances, the Congress of the United States shall adopt a concurrent Resolution:

1. affirming the fact that every public official, state or federal, elected or appointed is obligated to respond to proper Petitions for Redress of Grievances, where the term, “proper Petition” is defined in Instruction B#4 above;

2. affirming the fact that every public official, state or federal, elected or appointed shall respond to all other Petitions for Redress of Grievances.

D. REMEDIAL INSTRUCTIONS TO THE SUPREME COURT

1. Affirm the jurisdiction of all state and federal courts to hear challenges to the Constitutionality of any action by any state or federal public official, elected or appointed, or agency or department;

2. Prohibit any and all federal and state courts from denying standing to any individual to challenge the Constitutionality of any action by any state or federal public officials, elected or appointed, or agency or department; and that

3. Remove any judge from office who violates the above, for violating his or her Oath of Office, and disqualify him or her from holding public office thereafter, all in accordance with existing Rules.

E. REMEDIAL INSTRUCTION TO THE PRESIDENT

The President shall affirm the fact that every public official, state or federal, elected or appointed is obligated to respond to proper Petitions for Redress of Grievances.

F. REMEDIAL INSTRUCTIONS TO EACH OF THE SEVERAL STATES

Each of the several State Legislatures shall adopt legislation, as necessary, to recall from office any elected or appointed public official for failure to respond to any proper Petition for Redress of Grievances;

1. The State Legislatures shall refuse to accept any and all federal funds until all three branches of the federal government are in compliance with the Instructions in “B” through “E” above;

2. The State Legislatures shall adopt legislation providing for the institution of a Citizens’ Grand Jury for the purpose of hearing complaints and issuing indictments, against any public official who may be in violation of his or her Oath of Office and/or of the Accountability Clause of the 1st Amendment;

3. The state legislatures shall adopt legislation removing impediments to and restoring writs of quo warranto and to obtain a hearing on the merits.

G. RECOMMENDED CIVIC ACTIONS BY THE PEOPLE

1. Instruct the State Legislatures and members of Congress to adopt the aforementioned;

2. Form coalitions or groups to lobby State Legislatures and members of Congress to obtain the adoption of the aforementioned;

3. Instruct State Officials to remove all Oath violators from their positions of authority; and

4. Sign these Articles of Freedom to give the aforementioned the moral authority it requires.

(from Articles of Freedom, the Works of the Continental Congress 2009)


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