Thursday, May 27, 2010

Articles of Freedom, part 15


This is a series of posts concerning the works of the 2009 Continental Congress. Two weeks ago I wrote about Article 13 of the Articles of Freedom, which was about the natural born citizen clause and lack of action taken by courts to resolve the issue of our current federal executive’s eligibility.

This week’s topic is a hot one as you can see if you watch the above video on illegal immigration. The video features Jeff Lewis, National Director of the Federal Immigration Reform and Enforcement Coalition (“FIRE”), Cory Voorhis and John Sampson, former agents, federal Immigration and Customs Enforcement (“ICE”)- and the provocative film Drug Wars: Silver or Lead. Many conversations on this issue often lead to name calling. (The liberals accuse the conservatives of racism and the conservatives accuse the liberals of lawlessness and unfairness. The libertarians accuse both of big government heavy-handedness.) Regardless of your position on this issue, you know that this is something that just can’t be ignored. Something has to be done. For this reason, the Continental Congress has offered Article 14, of the Articles of Freedom, which presents issues such as this in light of the Constitution, the text of which follows my further comments.

I am not sure how to take the statement, “it is well settled in American jurisprudence that silence is an admission”. Assuming that this applies only to the government (individuals having the right to remain silent on accusations against them according to 5th amendment), this would obligate the government to respond to any and all such accusations which could be frivolous in nature and designed with the mere intent to disrupt the proper operations of the government. One wonders if sufficient numbers or other factors were intended to be required for this citizen action.

The claim has often been made and is insinuated in this article that this in not merely illegal immigration, but an invasion. The liberals don’t like to here this and the use of the word invasion tends to set off thoughts that this is a racist characterization of the problem. But the above video shows that this, in fact, is an accurate description of what is going on and the issue is really about saving lives and property of innocent Americans being terrorized by a particular segment of those who are coming into America illegally (not all Hispanics or even all illegal aliens by any means).

Obviously, if you have been reading these articles, you know that these accusations aren’t just being leveled at the Obama administration when it talks of calling for impeachment. Every President in recent memory (including even Reagan) has been guilty of failure to execute the laws of the United States in this regard.

With all of the emotional reactions that come with discussion of this issue, one would hope that the Constitution would be a uniting force.

ARTICLE 14.

ILLEGAL IMMIGRATION AND THE OATH OF OFFICE CLAUSE OF

ARTICLE 2, SECTION 1, AND THE FAITHFULLY EXECUTE CLAUSE

OF ARTICLE 2, SECTION 3 OF THE CONSTITUTION

The Constitution of 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.

Pursuant to the First Amendment of the Constitution, the We the People Foundation submitted petitions for Redress of Grievance, not once, but twice (in June of 2008, and again in August of 2009) which were duly served on all members of the Congress of the United States Government, and the Presidents. (Find attached documents A and B)

The recipients, including the President, responded only with silence.

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

Wherefore, we the People now find the government to be in violation of the Constitution in the manner described below.

We the People do hereby declare the following:

A. REMEDIAL INSTRUCTIONS TO THE PRESIDENT

WHEREAS, the Executive Powers are vested in the President of the United States of America;

WHEREAS, the President must take an Oath or Affirmation before executing his office;

WHEREAS, pursuant to Article II, Section 1 of the Constitution, the Oath or Affirmation reads, “I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States”,

WHEREAS, the People have served their government officials with Petitions for Redress regarding the failure of the government to execute the immigration laws, only to have those Petitions ignored;

WHEREAS, Article II, Section 3 of the Constitution requires the President to “take Care that the laws be faithfully executed”;

WHEREAS, in May of 2007, on the Floor of the House, Representative Ric Keller (R) stated: “It is estimated that there are currently more than 20 million illegal immigrants in this country. The cost of illegal immigration to our health care system, public education system, prison system and social services continues to rise without any sign of stopping or slowing.”;

WHEREAS, the presence of no less than 20 million illegal aliens* in the United States is self-evident that the immigration laws are not being enforced,

*“Definition. For purposes of the Immigration and Nationality Act (INA), any person who is not a citizen or a national of the United States. There are different categories of aliens: resident and nonresident, immigrant and nonimmigrant, asylee and refugee, documented and undocumented ("illegal").” Additionally, “According to the Immigration and Nationality Act (INA), an alien is an individual who does not have U.S. citizenship and is not a U.S. national. The INA defines a national of the United States as one who [sic], while not a citizen, owes permanent allegiance to the United States. One owes personal allegiance to the United States if that person has taken an oath of naturalization.” Cornell University Law School;

WHEREAS, among the laws not being enforced are USC Title 8, Section 237; Section 1324 and Section 1325, and Article IV Section IV which reads: “The United States shall guarantee to every State in this union a republican form of government, and shall protect each of them against invasion; and on application of the legislature, or of the executive (when the legislature cannot be convened) against domestic violence.”

WHEREAS, the failure of enforcing these laws has cost the nation hundreds of billions of dollars in the last decade alone, and have put the nation at risk of terrorism, crime, and disease,

THEREFORE, We the People instruct you to fulfill your sworn responsibilities as President to commit the necessary resources to Faithfully Execute all the current immigration laws.

B. REMEDIAL INSTRUCTIONS TO CONGRESS

WHEREAS, current statutes prescribe the various penalties for violations of the immigration laws; among those penalties are deportation, which is found at 8 USC § 1227 and INA § 237; anything less than the application of these statutory penalties would constitute a forgiveness of Civil Penalties, and

WHEREAS, the effect of the President’s failure to fulfill his duty has resulted in great cost to the nation due to undue strain on society and the economy in the form of terrorism, crime, and disease. This also results in the blurring of the distinction between legal and illegal immigration, which penalizes those who have gone through the naturalization process lawfully,

THEREFORE, BE IT RESOLVED THAT:

1. Congress shall remind the President by whatever means necessary of his mandated duty to take “Care” that the immigration “Laws be faithfully executed” as mandated in Article II Section 3 Paragraph 1 of the Constitution, and

2. Congress shall appoint an Investigative Committee for the purpose of determining whether the President has faithfully upheld the Constitution, in accordance with Article II, Section 3 Clause 5.

3. If the President fails to fulfill said obligation cited above after the instructions from Congress, by default he has violated his Oath of Office as under Article II Section 1 Paragraph 8 of the Constitution and can be subject to impeachment proceedings and criminal or civil action.

4. Congress shall not enact any legislation that provides Social Services or any form of amnesty for illegal aliens.

C. REMEDIAL INSTRUCTIONS TO EACH OF THE SEVERAL STATES

WHEREAS, the President has demonstrated his failure to faithfully execute the current immigration laws, specifically, 8 USC § 1227 and INA § 237,

WHEREAS, the President and the Executive Branch of the Federal government have failed to enforce the aforementioned immigration laws,

WHEREAS, State Law Enforcement Officers must take an Oath or Affirmation to faithfully execute the Constitution and applicable laws enacted thereto,

WHEREAS, that in United States v. Santana-Garcia, 264 F. 3d 1188, 1194 (citing United States v. Vasquez-Alvarez, 176 F. 3d 1294, 1295), a United States Court of Appeals upheld the Right of the States to enforce Federal immigration laws by stating, “State and local police officers [have] implicit authority within their respective jurisdictions ‘to investigate and make arrests for violations of Federal law, including immigration laws.’”

NOW THEREFORE, BE IT RESOLVED THAT:

1. The Governors of each State shall direct the Law Enforcement Officers of their State, by whatever means necessary, to honor their Oaths of Office and to take “care” that the immigration “laws be faithfully executed” to their fullest extent, and

2. The Legislatures of each State shall take steps to sanction or impeach the Governor, and/or any Law Enforcement Officer who fails to honor his Oath of Office or otherwise fails to fulfill his obligations to enforce State and federal immigration laws.

D. RECOMMENDED CIVIC ACTIONS BY THE PEOPLE

We, the Continental Congress 2009, declare that the President of the United States of America has failed to “take care to faithfully execute the laws”, and we encourage the People of the several States, in their legitimate capacity, to engage in the following civic actions:

1. Educate yourself, your family, and your community about your government officials’ duties and all of the current immigration laws.

2. Meet with your county Sheriff and ask him to execute the current Federal and State immigration laws for which he is authorized.

3. Lobby your State legislator/legislature to demand your State Governor to execute all of the current immigration laws, where applicable.

4. Lobby your Congressman to bring impeachment proceedings against the President of the United States of America for failing to assure execution all of the current immigration laws.


Learn more about the subject matter of this Article. Read the OATH OF OFFICE and the FAITHFULLY EXECUTE Clauses. Read the PETITION for Redress of Grievances Regarding the Failure of the President to Enforce the Immigration Laws.

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

For the next article, click here.

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