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STATE OF THE UNION AND RECOMMENDATIONS

 
 
ican711nm
 
  1  
Reply Sun 26 Feb, 2006 02:57 pm
QUOTE
The Constitution of the United States of America
Effective as of March 4, 1789

We the people of the United States, in order to form a more perfect union, establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America.
Article I
Section 1. All legislative powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.
Section 2. The House of Representatives shall be composed of members chosen every second year by the people of the several states, and the electors in each state shall have the qualifications requisite for electors of the most numerous branch of the state legislature.
No person shall be a Representative who shall not have attained to the age of twenty five years, and been seven years a citizen of the United States, and who shall not, when elected, be an inhabitant of that state in which he shall be chosen.
Representatives and direct taxes shall be apportioned among the several states which may be included within this union, according to their respective numbers, which shall be determined by adding to the whole number of free persons, including those bound to service for a term of years, and excluding Indians not taxed, three fifths of all other Persons. The actual Enumeration shall be made within three years after the first meeting of the Congress of the United States, and within every subsequent term of ten years, in such manner as they shall by law direct. The number of Representatives shall not exceed one for every thirty thousand, but each state shall have at least one Representative; and until such enumeration shall be made, the state of New Hampshire shall be entitled to choose three, Massachusetts eight, Rhode Island and Providence Plantations one, Connecticut five, New York six, New Jersey four, Pennsylvania eight, Delaware one, Maryland six, Virginia ten, North Carolina five, South Carolina five, and Georgia three.
When vacancies happen in the Representation from any state, the executive authority thereof shall issue writs of election to fill such vacancies.
The House of Representatives shall choose their speaker and other officers; and shall have the sole power of impeachment.
Section 3. The Senate of the United States shall be composed of two Senators from each state, chosen by the legislature thereof, for six years; and each Senator shall have one vote.
Immediately after they shall be assembled in consequence of the first election, they shall be divided as equally as may be into three classes. The seats of the Senators of the first class shall be vacated at the expiration of the second year, of the second class at the expiration of the fourth year, and the third class at the expiration of the sixth year, so that one third may be chosen every second year; and if vacancies happen by resignation, or otherwise, during the recess of the legislature of any state, the executive thereof may make temporary appointments until the next meeting of the legislature, which shall then fill such vacancies.
No person shall be a Senator who shall not have attained to the age of thirty years, and been nine years a citizen of the United States and who shall not, when elected, be an inhabitant of that state for which he shall be chosen.
The Vice President of the United States shall be President of the Senate, but shall have no vote, unless they be equally divided.
The Senate shall choose their other officers, and also a President pro tempore, in the absence of the Vice President, or when he shall exercise the office of President of the United States.
The Senate shall have the sole power to try all impeachments. When sitting for that purpose, they shall be on oath or affirmation. When the President of the United States is tried, the Chief Justice shall preside: And no person shall be convicted without the concurrence of two thirds of the members present.
Judgment in cases of impeachment shall not extend further than to removal from office, and disqualification to hold and enjoy any office of honor, trust or profit under the United States: but the party convicted shall nevertheless be liable and subject to indictment, trial, judgment and punishment, according to law.
Section 4. The times, places and manner of holding elections for Senators and Representatives, shall be prescribed in each state by the legislature thereof; but the Congress may at any time by law make or alter such regulations, except as to the places of choosing Senators.
The Congress shall assemble at least once in every year, and such meeting shall be on the first Monday in December, unless they shall by law appoint a different day.
Section 5. Each House shall be the judge of the elections, returns and qualifications of its own members, and a majority of each shall constitute a quorum to do business; but a smaller number may adjourn from day to day, and may be authorized to compel the attendance of absent members, in such manner, and under such penalties as each House may provide.
Each House may determine the rules of its proceedings, punish its members for disorderly behavior, and, with the concurrence of two thirds, expel a member.
Each House shall keep a journal of its proceedings, and from time to time publish the same, excepting such parts as may in their judgment require secrecy; and the yeas and nays of the members of either House on any question shall, at the desire of one fifth of those present, be entered on the journal.
Neither House, during the session of Congress, shall, without the consent of the other, adjourn for more than three days, nor to any other place than that in which the two Houses shall be sitting.
Section 6. The Senators and Representatives shall receive a compensation for their services, to be ascertained by law, and paid out of the treasury of the United States. They shall in all cases, except treason, felony and breach of the peace, be privileged from arrest during their attendance at the session of their respective Houses, and in going to and returning from the same; and for any speech or debate in either House, they shall not be questioned in any other place.
No Senator or Representative shall, during the time for which he was elected, be appointed to any civil office under the authority of the United States, which shall have been created, or the emoluments whereof shall have been increased during such time: and no person holding any office under the United States, shall be a member of either House during his continuance in office.
Section 7. All bills for raising revenue shall originate in the House of Representatives; but the Senate may propose or concur with amendments as on other Bills.
Every bill which shall have passed the House of Representatives and the Senate, shall, before it become a law, be presented to the President of the United States; if he approve he shall sign it, but if not he shall return it, with his objections to that House in which it shall have originated, who shall enter the objections at large on their journal, and proceed to reconsider it. If after such reconsideration two thirds of that House shall agree to pass the bill, it shall be sent, together with the objections, to the other House, by which it shall likewise be reconsidered, and if approved by two thirds of that House, it shall become a law. But in all such cases the votes of both Houses shall be determined by yeas and nays, and the names of the persons voting for and against the bill shall be entered on the journal of each House respectively. If any bill shall not be returned by the President within ten days (Sundays excepted) after it shall have been presented to him, the same shall be a law, in like manner as if he had signed it, unless the Congress by their adjournment prevent its return, in which case it shall not be a law.
Every order, resolution, or vote to which the concurrence of the Senate and House of Representatives may be necessary (except on a question of adjournment) shall be presented to the President of the United States; and before the same shall take effect, shall be approved by him, or being disapproved by him, shall be repassed by two thirds of the Senate and House of Representatives, according to the rules and limitations prescribed in the case of a bill.
Section 8. The Congress shall have power to lay and collect taxes, duties, imposts and excises, to pay the debts and provide for the common defense and general welfare of the United States; but all duties, imposts and excises shall be uniform throughout the United States;
To borrow money on the credit of the United States;
To regulate commerce with foreign nations, and among the several states, and with the Indian tribes;
To establish a uniform rule of naturalization, and uniform laws on the subject of bankruptcies throughout the United States;
To coin money, regulate the value thereof, and of foreign coin, and fix the standard of weights and measures;
To provide for the punishment of counterfeiting the securities and current coin of the United States;
To establish post offices and post roads;
To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries;
To constitute tribunals inferior to the Supreme Court;
To define and punish piracies and felonies committed on the high seas, and offenses against the law of nations;
To declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water;
To raise and support armies, but no appropriation of money to that use shall be for a longer term than two years;
To provide and maintain a navy;
To make rules for the government and regulation of the land and naval forces;
To provide for calling forth the militia to execute the laws of the union, suppress insurrections and repel invasions;
To provide for organizing, arming, and disciplining, the militia, and for governing such part of them as may be employed in the service of the United States, reserving to the states respectively, the appointment of the officers, and the authority of training the militia according to the discipline prescribed by Congress;
To exercise exclusive legislation in all cases whatsoever, over such District (not exceeding ten miles square) as may, by cession of particular states, and the acceptance of Congress, become the seat of the government of the United States, and to exercise like authority over all places purchased by the consent of the legislature of the state in which the same shall be, for the erection of forts, magazines, arsenals, dockyards, and other needful buildings;--And
To make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the government of the United States, or in any department or officer thereof.
Section 9. The migration or importation of such persons as any of the states now existing shall think proper to admit, shall not be prohibited by the Congress prior to the year one thousand eight hundred and eight, but a tax or duty may be imposed on such importation, not exceeding ten dollars for each person.
The privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it.
No bill of attainder or ex post facto Law shall be passed.
No capitation, or other direct, tax shall be laid, unless in proportion to the census or enumeration herein before directed to be taken.
No tax or duty shall be laid on articles exported from any state.
No preference shall be given by any regulation of commerce or revenue to the ports of one state over those of another: nor shall vessels bound to, or from, one state, be obliged to enter, clear or pay duties in another.
No money shall be drawn from the treasury, but in consequence of appropriations made by law; and a regular statement and account of receipts and expenditures of all public money shall be published from time to time.
No title of nobility shall be granted by the United States: and no person holding any office of profit or trust under them, shall, without the consent of the Congress, accept of any present, emolument, office, or title, of any kind whatever, from any king, prince, or foreign state.
Section 10. No state shall enter into any treaty, alliance, or confederation; grant letters of marque and reprisal; coin money; emit bills of credit; make anything but gold and silver coin a tender in payment of debts; pass any bill of attainder, ex post facto law, or law impairing the obligation of contracts, or grant any title of nobility.
No state shall, without the consent of the Congress, lay any imposts or duties on imports or exports, except what may be absolutely necessary for executing it's inspection laws: and the net produce of all duties and imposts, laid by any state on imports or exports, shall be for the use of the treasury of the United States; and all such laws shall be subject to the revision and control of the Congress.
No state shall, without the consent of Congress, lay any duty of tonnage, keep troops, or ships of war in time of peace, enter into any agreement or compact with another state, or with a foreign power, or engage in war, unless actually invaded, or in such imminent danger as will not admit of delay.
Article II
Section 1. The executive power shall be vested in a President of the United States of America. He shall hold his office during the term of four years, and, together with the Vice President, chosen for the same term, be elected, as follows:
Each state shall appoint, in such manner as the Legislature thereof may direct, a number of electors, equal to the whole number of Senators and Representatives to which the State may be entitled in the Congress: but no Senator or Representative, or person holding an office of trust or profit under the United States, shall be appointed an elector.
The electors shall meet in their respective states, and vote by ballot for two persons, of whom one at least shall not be an inhabitant of the same state with themselves. And they shall make a list of all the persons voted for, and of the number of votes for each; which list they shall sign and certify, and transmit sealed to the seat of the government of the United States, directed to the President of the Senate. The President of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates, and the votes shall then be counted. The person having the greatest number of votes shall be the President, if such number be a majority of the whole number of electors appointed; and if there be more than one who have such majority, and have an equal number of votes, then the House of Representatives shall immediately choose by ballot one of them for President; and if no person have a majority, then from the five highest on the list the said House shall in like manner choose the President. But in choosing the President, the votes shall be taken by States, the representation from each state having one vote; A quorum for this purpose shall consist of a member or members from two thirds of the states, and a majority of all the states shall be necessary to a choice. In every case, after the choice of the President, the person having the greatest number of votes of the electors shall be the Vice President. But if there should remain two or more who have equal votes, the Senate shall choose from them by ballot the Vice President.
The Congress may determine the time of choosing the electors, and the day on which they shall give their votes; which day shall be the same throughout the United States.
No person except a natural born citizen, or a citizen of the United States, at the time of the adoption of this Constitution, shall be eligible to the office of President; neither shall any person be eligible to that office who shall not have attained to the age of thirty five years, and been fourteen Years a resident within the United States.
In case of the removal of the President from office, or of his death, resignation, or inability to discharge the powers and duties of the said office, the same shall devolve on the Vice President, and the Congress may by law provide for the case of removal, death, resignation or inability, both of the President and Vice President, declaring what officer shall then act as President, and such officer shall act accordingly, until the disability be removed, or a President shall be elected.
The President shall, at stated times, receive for his services, a compensation, which shall neither be increased nor diminished during the period for which he shall have been elected, and he shall not receive within that period any other emolument from the United States, or any of them.
Before he enter on the execution of his office, he shall take the following oath or affirmation:--"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."
Section 2. The President shall be commander in chief of the Army and Navy of the United States, and of the militia of the several states, when called into the actual service of the United States; he may require the opinion, in writing, of the principal officer in each of the executive departments, upon any subject relating to the duties of their respective offices, and he shall have power to grant reprieves and pardons for offenses against the United States, except in cases of impeachment.
He shall have power, by and with the advice and consent of the Senate, to make treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the advice and consent of the Senate, shall appoint ambassadors, other public ministers and consuls, judges of the Supreme Court, and all other officers of the United States, whose appointments are not herein otherwise provided for, and which shall be established by law: but the Congress may by law vest the appointment of such inferior officers, as they think proper, in the President alone, in the courts of law, or in the heads of departments.
The President shall have power to fill up all vacancies that may happen during the recess of the Senate, by granting commissions which shall expire at the end of their next session.
Section 3. He shall from time to time give to the Congress information of the state of the union, and recommend to their consideration such measures as he shall judge necessary and expedient; he may, on extraordinary occasions, convene both Houses, or either of them, and in case of disagreement between them, with respect to the time of adjournment, he may adjourn them to such time as he shall think proper; he shall receive ambassadors and other public ministers; he shall take care that the laws be faithfully executed, and shall commission all the officers of the United States.
Section 4. The President, Vice President and all civil officers of the United States, shall be removed from office on impeachment for, and conviction of, treason, bribery, or other high crimes and misdemeanors.
Article III
Section 1. The judicial power of the United States, shall be vested in one Supreme Court, and in such inferior courts as the Congress may from time to time ordain and establish. The judges, both of the supreme and inferior courts, shall hold their offices during good behaviour, and shall, at stated times, receive for their services, a compensation, which shall not be diminished during their continuance in office.
Section 2. The judicial power shall extend to all cases, in law and equity, arising under this Constitution, the laws of the United States, and treaties made, or which shall be made, under their authority;--to all cases affecting ambassadors, other public ministers and consuls;--to all cases of admiralty and maritime jurisdiction;--to controversies to which the United States shall be a party;--to controversies between two or more states;--between a state and citizens of another state;-- between citizens of different states;--between citizens of the same state claiming lands under grants of different states, and between a state, or the citizens thereof, and foreign states, citizens or subjects.
In all cases affecting ambassadors, other public ministers and consuls, and those in which a state shall be party, the Supreme Court shall have original jurisdiction. In all the other cases before mentioned, the Supreme Court shall have appellate jurisdiction, both as to law and fact, with such exceptions, and under such regulations as the Congress shall make.
The trial of all crimes, except in cases of impeachment, shall
be by jury; and such trial shall be held in the state where the said crimes shall have been committed; but when not committed within any state, the trial shall be at such place or places as the Congress may by law have directed.
Section 3. Treason against the United States, shall consist only in levying war against them, or in adhering to their enemies, giving them aid and comfort. No person shall be convicted of treason unless on the testimony of two witnesses to the same overt act, or on confession in open court.
The Congress shall have power to declare the punishment of treason, but no attainder of treason shall work corruption of blood, or forfeiture except during the life of the person attainted.
Article IV
Section 1. Full faith and credit shall be given in each state to the public acts, records, and judicial proceedings of every other state. And the Congress may by general laws prescribe the manner in which such acts, records, and proceedings shall be proved, and the effect thereof.
Section 2. The citizens of each state shall be entitled to all privileges and immunities of citizens in the several states.
A person charged in any state with treason, felony, or other crime, who shall flee from justice, and be found in another state, shall on demand of the executive authority of the state from which he fled, be delivered up, to be removed to the state having jurisdiction of the crime.
No person held to service or labor in one state, under the laws thereof, escaping into another, shall, in consequence of any law or regulation therein, be discharged from such service or labor, but shall be delivered up on claim of the party to whom such service or labor may be due.
Section 3. New states may be admitted by the Congress into this union; but no new states shall be formed or erected within the jurisdiction of any other state; nor any state be formed by the junction of two or more states, or parts of states, without the consent of the legislatures of the states concerned as well as of the Congress.
The Congress shall have power to dispose of and make all needful rules and regulations respecting the territory or other property belonging to the United States; and nothing in this Constitution shall be so construed as to prejudice any claims of the United States, or of any particular state.
Section 4. 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.
Article V
The Congress, whenever two thirds of both houses shall deem it necessary, shall propose amendments to this Constitution, or, on the application of the legislatures of two thirds of the several states, shall call a convention for proposing amendments, which, in either case, shall be valid to all intents and purposes, as part of this Constitution, when ratified by the legislatures of three fourths of the several states, or by conventions in three fourths thereof, as the one or the other mode of ratification may be proposed by the Congress; provided that no amendment which may be made prior to the year one thousand eight hundred and eight shall in any manner affect the first and fourth clauses in the ninth section of the first article; and that no state, without its consent, shall be deprived of its equal suffrage in the Senate.
Article VI
All debts contracted and engagements entered into, before the adoption of this Constitution, shall be as valid against the United States under this Constitution, as under the Confederation.
This Constitution, and the laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the Constitution or laws of any State to the contrary notwithstanding.
The Senators and Representatives before mentioned, and the members of the several state legislatures, and all executive and judicial officers, both of the United States and of the several states, shall be bound by oath or affirmation, to support this Constitution; but no religious test shall ever be required as a qualification to any office or public trust under the United States.
Article VII
The ratification of the conventions of nine states, shall be sufficient for the establishment of this Constitution between the states so ratifying the same.
Done in convention by the unanimous consent of the states present the seventeenth day of September in the year of our Lord one thousand seven hundred and eighty seven and of the independence of the United States of America the twelfth. In witness whereof We have hereunto subscribed our Names,
G. Washington-Presidt. and deputy from Virginia
New Hampshire: John Langdon, Nicholas Gilman
Massachusetts: Nathaniel Gorham, Rufus King
Connecticut: Wm: Saml. Johnson, Roger Sherman
New York: Alexander Hamilton
New Jersey: Wil: Livingston, David Brearly, Wm. Paterson, Jona: Dayton
Pennsylvania: B. Franklin, Thomas Mifflin, Robt. Morris, Geo. Clymer, Thos. FitzSimons, Jared Ingersoll, James Wilson, Gouv Morris
Delaware: Geo: Read, Gunning Bedford jun, John Dickinson, Richard Bassett, Jaco: Broom
Maryland: James McHenry, Dan of St Thos. Jenifer, Danl Carroll
Virginia: John Blair--, James Madison Jr.
North Carolina: Wm. Blount, Richd. Dobbs Spaight, Hu Williamson
South Carolina: J. Rutledge, Charles Cotesworth Pinckney, Charles Pinckney, Pierce Butler
Georgia: William Few, Abr Baldwin

END QUOTE
0 Replies
 
ican711nm
 
  1  
Reply Sun 26 Feb, 2006 03:02 pm
QUOTE
The Bill of Rights (1791)

Amendment I
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.

Amendment II
A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed.

Amendment III
No soldier shall, in time of peace be quartered in any house, without the consent of the owner, nor in time of war, but in a manner to be prescribed by law.

Amendment IV
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Amendment V
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

Amendment VI
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.

Amendment VII
In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise reexamined in any court of the United States, than according to the rules of the common law.

Amendment VIII
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

Amendment IX
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

Amendment X
The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.

END QUOTE
0 Replies
 
ican711nm
 
  1  
Reply Sun 26 Feb, 2006 03:13 pm
QUOTE
Amendments XI-XXVII
To the US Constitution


Amendment XI (1798)
The judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by citizens of another state, or by citizens or subjects of any foreign state.

Amendment XII (1804)
The electors shall meet in their respective states and vote by ballot for President and Vice-President, one of whom, at least, shall not be an inhabitant of the same state with themselves; they shall name in their ballots the person voted for as President, and in distinct ballots the person voted for as Vice-President, and they shall make distinct lists of all persons voted for as President, and of all persons voted for as Vice-President, and of the number of votes for each, which lists they shall sign and certify, and transmit sealed to the seat of the government of the United States, directed to the President of the Senate;-The President of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates and the votes shall then be counted;- the person having the greatest number of votes for President, shall be the President, if such number be a majority of the whole number of electors appointed; and if no person have such majority, then from the persons having the highest numbers not exceeding three on the list of those voted for as President, the House of Representatives shall choose immediately, by ballot, the President. But in choosing the President, the votes shall be taken by states, the representation from President shall act as President, as in the case of the death or other constitutional each state having one vote; a quorum for this purpose shall consist of a member or members from two-thirds of the states, and a majority of all the states shall be necessary to a choice. And if the House of Representatives shall not choose a President whenever the right of choice shall devolve upon them, before the fourth day of March next following, then the Vice-disability of the President. The person having the greatest number of votes as Vice-President, shall be the Vice-President, if such number be a majority of the whole number of electors appointed, and if no person have a majority, then from the two highest numbers on the list, the Senate shall choose the Vice-President; a quorum for the purpose shall consist of two-thirds of the whole number of Senators, and a majority of the whole number shall be necessary to a choice. But no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States.

Amendment XIII (1865)
Section 1. Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.
Section 2. Congress shall have power to enforce this article by appropriate legislation.

Amendment XIV (1868)
Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
Section 2. Representatives shall be apportioned among the several states according to their respective numbers, counting the whole number of persons in each state, excluding Indians not taxed. But when the right to vote at any election for the choice of electors for President and Vice President of the United States, Representatives in Congress, the executive and judicial officers of a state, or the members of the legislature thereof, is denie d to any of the male inhabitants of such state, being twenty-one years of age, and citizens of the United States, or in any way abridged, except for participation in rebellion, or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such state.
Section 3. No person shall be a Senator or Representative in Congress, or elector of President and Vice President, or hold any office, civil or military, under the United States, or under any state, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any state legislature, or as an executive or judicial officer of any state, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.
Section 4. The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned. But neither the United States nor any state shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States, or any claim for the loss or emancipation of any slave; but all such debts, obligations and claims shall be held illegal and void.
Section 5. The Congress shall have power to enforce, by appropriate legislation, the provisions of this article.

Amendment XV (1870)
Section 1. The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any state on account of race, color, or previous condition of servitude.
Section 2. The Congress shall have power to enforce this article by appropriate legislation.

Amendment XVI (1913)
The Congress shall have power to lay and collect taxes on incomes, from whatever source derived, without apportionment among the several states, and without regard to any census of enumeration.

Amendment XVII (1913)
The Senate of the United States shall be composed of two Senators from each state, elected by the people thereof, for six years; and each Senator shall have one vote. The electors in each state shall have the qualifications requisite for electors of the most numerous branch of the state legislatures.
When vacancies happen in the representation of any state in the Senate, the executive authority of such state shall issue writs of election to fill such vacancies: Provided, that the legislature of any state may empower the executive thereof to make temporary appointments until the people fill the vacancies by election as the legislature may direct.
This amendment shall not be so construed as to affect the election or term of any Senator chosen before it becomes valid as part of the Constitution.

Amendment XVIII (1919)
Section 1. After one year from the ratification of this article the manufacture, sale, or transportation of intoxicating liquors within, the importation thereof into, or the exportation thereof from the United States and all territory subject to the jurisdiction thereof for beverage purposes is hereby prohibited.
Section 2. The Congress and the several states shall have concurrent power to enforce this article by appropriate legislation.
Section 3. This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of the several states, as provided in the Constitution, within seven years from the date of the submission hereof to the states by the Congress.

Amendment XIX (1920)
The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any state on account of sex.
Congress shall have power to enforce this article by appropriate legislation.

Amendment XX (1933)
Section 1. The terms of the President and Vice President shall end at noon on the 20th day of January, and the terms of Senators and Representatives at noon on the 3d day of January, of the years in which such terms would have ended if this article had not been ratified; and the terms of their successors shall then begin.
Section 2. The Congress shall assemble at least once in every year, and such meeting shall begin at noon on the 3d day of January, unless they shall by law appoint a different day.
Section 3. If, at the time fixed for the beginning of the term of the President, the President elect shall have died, the Vice President elect shall become President. If a President shall not have been chosen before the time fixed for the beginning of his term, or if the President elect shall have failed to qualify, then the Vice President elect shall act as President until a President shall have qualified; and the Congress may by law provide for the case wherein neither a President elect nor a Vice President elect shall have qualified, declaring who shall then act as President, or the manner in which one who is to act shall be selected, and such person shall act accordingly until a President or Vice President shall have qualified.
Section 4. The Congress may by law provide for the case of the death of any of the persons from whom the House of Representatives may choose a President whenever the right of choice shall have devolved upon them, and for the case of the death of any of the persons from whom the Senate may choose a Vice President whenever the right of choice shall have devolved upon them.
Section 5. Sections 1 and 2 shall take effect on the 15th day of October following the ratification of this article.
Section 6. This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of three-fourths of the several states within seven years from the date of its submission.

Amendment XXI (1933)
Section 1. The eighteenth article of amendment to the Constitution of the United States is hereby repealed.
Section 2. The transportation or importation into any state, territory, or possession of the United States for delivery or use therein of intoxicating liquors, in violation of the laws thereof, is hereby prohibited.
Section 3. This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by conventions in the several states, as provided in the Constitution, within seven years from the date of the submission hereof to the states by the Congress.

Amendment XXII (1951)
Section 1. No person shall be elected to the office of the President more than twice, and no person who has held the office of President, or acted as President, for more than two years of a term to which some other person was elected President shall be elected to the office of the President more than once. But this article shall not apply to any person holding the office of President when this article was proposed by the Congress, and shall not prevent any person who may be holding the office of President, or acting as President, during the term within which this article becomes operative from holding the office of President or acting as President during the remainder of such term.
Section 2. This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of three-fourths of the several states within seven years from the date of its submission to the states by the Congress.

Amendment XXIII (1961)
Section 1. The District constituting the seat of government of the United States shall appoint in such manner as the Congress may direct:
A number of electors of Presi dent and Vice President equal to the whole number of Senators and Representatives in Congress to which the District would be entitled if it were a state, but in no event more than the least populous state; they shall be in addition to those appointed by the states, but they shall be considered, for the purposes of the election of President and Vice President, to be electors appointed by a state; and they shall meet in the District and perform such duties as provided by the twelfth article of amendment.
Section 2. The Congress shall have power to enforce this article by appropriate legislation.

Amendment XXIV (1964)
Section 1. The right of citizens of the United States to vote in any primary or other election for President or Vice President, for electors for President or Vice President, or for Senator or Representative in Congress, shall not be denied or abridged by the United States or any state by reason of failure to pay any poll tax or other tax.
Section 2. The Congress shall have power to enforce this article by appropriate legislation.

Amendment XXV (1967)
Section 1. In case of the removal of the President from office or of his death or resignation, the Vice President shall become President.
Section 2. Whenever there is a vacancy in the office of the Vice President, the President shall nominate a Vice President who shall take office upon confirmation by a majority vote of both Houses of Congress.
Section 3. Whenever the President transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives his written declaration that he is unable to discharge the powers and duties of his office, and until he transmits to them a written declaration to the contrary, such powers and duties shall be discharged by the Vice President as Acting President.
Section 4. Whenever the Vice President and a majority of either the principal officers of the executive departments or of such other body as Congress may by law provide, transmit to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office, the Vice President shall immediately assume the powers and duties of the office as Acting President.
Thereafter, when the President transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives his written declaration that no inability exists, he shall resume the powers and duties of his office unless the Vice President and a majority of either the principal officers of the executive department or of such other body as Congress may by law provide, transmit within four days to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office. Thereupon Congress shall decide the issue, assembling within forty-eight hours for that purpose if not in session. If the Congress, within twenty-one days after receipt of the latter written declaration, or, if Congress is not in session, within twenty-one days after Congress is required to assemble, determines by two-thirds vote of both Houses that the President is unable to discharge the powers and duties of his office, the Vice President shall continue to discharge the same as Acting President; otherwise, the President shall resume the powers and duties of his office.

Amendment XXVI (July 1, 1971)
Section 1. The right of citizens of the United States, who are 18 years of age or older, to vote, shall not be denied or abridged by the United States or any state on account of age.
Section 2. The Congress shall have the power to enforce this article by appropriate legislation.

Amendment XXVII (May 7, 1992)
No law varying the compensation for the services of the Senators and Representatives, shall take effect, until an election of Representatives shall have intervened.
END QUOTE]
0 Replies
 
Roxxxanne
 
  1  
Reply Sun 26 Feb, 2006 03:53 pm
Why are you spamming this thread simply becasue you can?
0 Replies
 
Roxxxanne
 
  1  
Reply Sun 26 Feb, 2006 03:55 pm
Cycloptichorn wrote:
You really should ask the mods to change the name of this thread to 'Ican bloviates uselessly and spams the thread.'

I'm reporting you for doing so; you could have linked to the Federalist papers instead of reprinting all of them here and essentially spamming the thread.

Cycloptichorn


Wow! This goes back how many pages? One wonders about the mental stability of soemeone who would take the time to do this.
0 Replies
 
hamburger
 
  1  
Reply Sun 26 Feb, 2006 04:00 pm
roxanne : it's his typing assignment for the weekend. teacher will be handing out stars tomorrow. hbg

(i hope he typed and didn't simply do a 'cut and copy' - he wouldn't , would he ?)
0 Replies
 
Roxxxanne
 
  1  
Reply Sun 26 Feb, 2006 04:09 pm
hamburger wrote:
roxanne : it's his typing assignment for the weekend. teacher will be handing out stars tomorrow. hbg

(i hope he typed and didn't simply do a 'cut and copy' - he wouldn't , would he ?)


This is totally off the wall and off topic but why is it that I percieved ican as a "she?"
0 Replies
 
Ticomaya
 
  1  
Reply Sun 26 Feb, 2006 04:12 pm
Roxxxanne wrote:
hamburger wrote:
roxanne : it's his typing assignment for the weekend. teacher will be handing out stars tomorrow. hbg

(i hope he typed and didn't simply do a 'cut and copy' - he wouldn't , would he ?)


This is totally off the wall and off topic but why is it that I percieved ican as a "she?"


Because you have difficulty determining gender?

Just guessing.
0 Replies
 
ican711nm
 
  1  
Reply Sun 26 Feb, 2006 04:13 pm
REFERENCES FOR FORMULATING A FEDERAL LAWSUIT AND STRATEGY FOR CONSERVING THE REPUBLIC

President’s 2003 STATE OF THE UNION speech, page 1.
http://www.able2know.com/forums/viewtopic.php?p=1839659#1839659

President’s 2006 STATE OF THE UNION speech, page 1.
http://www.able2know.com/forums/viewtopic.php?p=1840205#1840205

DRAFT Federal Lawsuit, page 12.
http://www.able2know.com/forums/viewtopic.php?p=1881665#1881665

PROPOSED Legal Strategy – Convince US Supreme Court, page 12.
http://www.able2know.com/forums/viewtopic.php?p=1885592#1885592

FEDERALIST PAPERS, page 13.
http://www.able2know.com/forums/viewtopic.php?p=1885729#1885729

DECLARATION OF INDEPENDENCE, page 16.
http://www.able2know.com/forums/viewtopic.php?p=1887960#1887960

CONSTITUTION, page 17.
http://www.able2know.com/forums/viewtopic.php?p=1887971#1887971

BILL OF RIGHTS, page 17.
http://www.able2know.com/forums/viewtopic.php?p=1887995#1887995

AMENDMENTS XI – XXVII, page 17.
http://www.able2know.com/forums/viewtopic.php?p=1888037#1888037

INDEX TO REFERENCES, page 17.
http://www.able2know.com/forums/viewtopic.php?p=1888236#1888236
0 Replies
 
hamburger
 
  1  
Reply Sun 26 Feb, 2006 04:21 pm
sorry, i'm too old to learn new tricks .
probably should have used 's/he' .

the first german chancellor after WW II was dr. adeneuer. when he appointed the first woman as a minister, she complained to him that he would always address his caucus as : 'meine herren' (gentlemen) rather than 'meine dame und herren " (lady and gentlemen).
he said : 'oh, as far as i'm concerned you are always a gentleman !' -problem solved .
since i'm now at about the age that dr adenauer was, when he took office, may i use the same excuse ?
i can't always tell one from the other . hbg
0 Replies
 
ican711nm
 
  1  
Reply Sun 26 Feb, 2006 04:32 pm
hamburger wrote:

...
(i hope he typed and didn't simply do a 'cut and copy' - he wouldn't , would he ?)

Check 'em out yourself. All copies are originally obtained from gov't sources. They are not transcriptions produced by me.

The president's State of the Union Speeches, 2003 and 2006 are copies.
The Federalist Papers are copies.
The Declaration of Independence is a copy.
The Constitution is a copy.
The Bill of Rights is a copy.
Amendents XXI - XXVII are copies.

All the rest is the work of creative posters and the villifiers of creative posters.
0 Replies
 
ican711nm
 
  1  
Reply Sun 26 Feb, 2006 04:44 pm
Roxxxanne wrote:

...
This is totally off the wall and off topic but why is it that I percieved ican as a "she?"

Y'all forgot to take a real close look at that there Basset hound! :wink:
0 Replies
 
ican711nm
 
  1  
Reply Sun 26 Feb, 2006 05:29 pm
Now back to business!

I am not proposing an effort to convince Congress. Rather I am proposing an effort to convince The US Supreme Court. I am proposing multiple federal lawsuits to help right the wrongs currently taking our republic down the toilet. Because of that, it is essential that another Scalia, Thomas, Roberts, or Alito be appointed to the US Supreme Court before this effort reaches the US Supreme Court.

The draft I posted here is an example legal brief that admittedly needs work. Once properly crafted, the next step will be filing it with a federal district court. Trust me! That is a relatively simple process.

Additionally, many different individuals or groups representing themselves, or represented by pro bono lawyers, should also participate in this process by filing the same federal lawsuit in every one of the remaining approximately 100 federal district courts in the USA.

Subsequently, each individual or group would probably need to appeal their district court's decision to the US Court of Appeals for their circuit -- there are 11 US Courts of Appeal or circuit courts. Subsequently, they would probably need to appeal their circuit court's decision to the US Supreme Court. The advantage of all this is it will probably attract the attention of the newsmedia like nothing else we can do.

We would in fact be filing a lawsuit against the three branches of our government for violating the "supreme Law of the Land" and demanding they either resign, rectify their behavior, or submit an amendment to the States for at least three quarters of the states to ratify, per Article V of the Constitution, to legalize their present illegal behavior. Failure to obtain speedy ratification will of course justify suspension of their illegal behavior until ratification is obtained, or absent ratification, quit their illegal behavior all together.

I'm betting that the American public will come to readily understand how passing such an amendment would further risk the viability of our republic.

So all that's needed are 100 or more groups capable of paying the filing fees at each court level and willing to spend the time required. No fees for lawyers are required. All one needs is perseverance and the knowledge of how to file a legal brief with each level of the court system.
0 Replies
 
Foxfyre
 
  1  
Reply Sun 26 Feb, 2006 06:00 pm
Wouldn't it be easier to just fire them all and start over?
0 Replies
 
ican711nm
 
  1  
Reply Sun 26 Feb, 2006 07:26 pm
Foxfyre wrote:
Wouldn't it be easier to just fire them all and start over?
Laughing
That depends on what it takes to "fire them all." And we must not ignore what it will take to find and elect/appoint the right replacements. We have a haha Republican administration and Congress behaving domestically just like those they replaced.

It's my perception that the problem accelerated in 1937 when the Supreme Court started applying in earnest the "living constitution" concept to Roosevelt's alleged depression recovery programs (yes I know, they actually prolonged the depression until WWII dragged us out of it). So I conclude that our prime targets are the decisions to amend the Constitution that were made by the Supreme Court (and not the Congress or states) since then. That's why I advocate the lawsuit approach. With one more LIEbral judges replaced by my kind of conservative -- a conserver of the republic -- we have an excellent chance at rectifying the mess made by the Court's predecessors.
0 Replies
 
Foxfyre
 
  1  
Reply Mon 27 Feb, 2006 02:13 pm
Well I am certainly open to anything that works. I am a conservative and thus by nature am pessimistic that anything will work exactly as envisioned, but also optimistic that there is nothing so screwed up that it can't be fixed.
0 Replies
 
ican711nm
 
  1  
Reply Mon 27 Feb, 2006 04:05 pm
Foxfyre wrote:
Well I am certainly open to anything that works. I am a conservative and thus by nature am pessimistic that anything will work exactly as envisioned, but also optimistic that there is nothing so screwed up that it can't be fixed.

Perhaps this is the way to analyze the lawsuit approach.

Less than a thousand likeminded Americans can bring this issue via 100 lawsuits to a Supreme Court decision. It will take more than a multi-million likeminded Americans to bring this issue via a series of elections to congressional and presidential decisions.

Even if the lawsuit approach were ultimately to be indefinitely stalled by its opposition somewhere along the line, it could for that reason become the spark that ignites the interest of multi-million likeminded Americans. The lawsuit approach can be started by only one likeminded American filing in one federal district court after (or shortly before) the fifth conservative judge is appointed (or converted) to the Supreme Court.

So first things first, let's figure out how to get that fifth judge appointed (or converted).
0 Replies
 
ican711nm
 
  1  
Reply Thu 2 Mar, 2006 01:58 pm
---2nd DRAFT---

WE FREE CITIZENS OF THESE UNITED STATES OF AMERICA, ACTING IN ACCORD WITH OUR OWN JUDGMENTS, CONSCIENCES, AND FREE WILL, FILE THIS LAWSUIT IN ORDER TO BETTER SERVE THE INTERESTS OF OUR POSTERITY


We accuse past and present members of the Congress, past and present members of the Supreme Court, and past Presidents and the present President, of not complying with their oaths or affirmations to support the Constitution of the United States of America as lawfully amended. According to the Constitution, their failures to comply with their oaths or affirmations constitute the perpetration of high crimes. We demand the present perpetrators of these high crimes cease and desist perpetrating these high crimes, resign from office, or be lawfully removed from office.


PREAMBLE

We fully support without any reservation Our Declaration of Independence (hereinafter, ODOI). We believe that ALL innocent people are equally endowed with certain unalienable rights. As specified in ODOI, these rights include, but are not limited to, the right to life, liberty and the pursuit of happiness. As forecast in ODOI, we the people of the United States of America instituted our government in order to secure these rights for each of us and for our posterity.

Our Constitution As Lawfully Amended (hereinafter, OCALA) specifies those powers we the people delegated to our republic for securing our rights. OCALA expressly denies our republic any other powers. OCALA also specifies those rights we shall not have and some of the rights we do have. OCALA also explicitly specifies that we the people retain additional rights not denied by OCALA and not specified by OCALA, including, but not limited to, the exclusive ownership of our individual selves by our individual selves. In addition, our individual selves own that property which we individually have obtained lawfully. Our money property paid in the form of taxes to enable government to employ powers granted by our Constitution to achieve purposes expressly stated in our Constitution, such as securing our rights, is justly compensated. Our money property paid in the form of taxes to enable government to employ powers not granted by our Constitution to achieve purposes not expressly stated in our Constitution, such as transferring property from a citizen to another citizen, is not justly compensated.

We willingly and knowingly pledge allegiance to the flag of the United States of America and to the republic for which it stands: one nation under God; indivisible; with liberty and justice for all. By virtue of this our pledge, we have knowingly chosen to obligate ourselves as free citizens of these United States of America to take such lawful action we judge is most likely to preserve our republic for us and our posterity.


FIRST HIGH CRIME

The Government of the United States of America is currently exercising the power to compel the transfer of property between Americans for purposes other than those specified in OCALA. These powers have NOT been delegated to the Government of the United States of America by OCALA. Consequently, the Government of the United States of America is usurping these powers, is thereby violating “the supreme Law of the Land,” and is thereby perpetrating a high crime.

Specifically, the Government of the United States of America is:
a. Taxing younger people in order to pay retirement income to older people, who are neither federal government employees or federal government contractors;
b. Taxing younger people in order to pay for medical treatment of older people, who are neither federal government employees or government contractors;
c. Taxing some of us in order to pay others of us, who are neither federal government employees or federal government contractors, to educate still others of us;
d. Taxing some of us in order to grant and/or loan money to others of us, who are neither federal government employees or federal government contractors;
e. Taxing some of us in order to provide income to others of us, who are neither federal government employees or federal government contractors.


SECOND HIGH CRIME

The government of the United States of America is exercising the power to exempt and tax our individual dollars of income differently depending on the circumstances under which they have been received, held, spent, or transferred, when that power has NOT been delegated to the Government of the United States of America by OCALA. Consequently the Government of the United States of America is usurping these powers, and is thereby violating “the supreme Law of the Land,” and is thereby perpetrating a high crime.

Specifically, the Government of the United States of America is exempting and taxing individual dollars of income and/or revenue received by persons according to:
a. How much income a person has received;
b. When a person received that income;
c. Who (e.g., age, responsibilities, etc.) received that income;
d. Where that person received that income;
e. What is the vocation of that person who receives that income;
f. Why the person received that income;
g. How much income that person received within a given time;
h. How much income that person received up to that given time;
i. How that income is transferred or spent; and,
j. Under what conditions that person who received that income currently exists.


WE SEEK THIS REMEDY

According to the 10th Amendment to OCALA, our federal government has only those powers delegated to it by OCALA. According to the 9th Amendment to OCALA, we individually have all those rights not prohibited us by OCALA. According to the 5th, 9th, 10th, and 14th Amendments, each and everyone of us has the same privileges and immunities, the same rights to life, liberty, property, the same rights to due process of law, the same rights to equal protection of the law, and the same rights to just compensation for such of our property taken for a public use. Any action by our federal government to deny us, the innocent, those rights constitutes a high crime and we demand such denial of our rights cease immediately.

Our federal government was not delegated by OCALA the power to perpetrate the high crimes specified above. On the contrary, our federal government is expressly denied by OCALA’s 9th and 10th Amendments the power to perpetrate the high crimes specified above. Nor does OCALA DENY us, the people, the right to direct as well as demand our federal government cease and desist perpetrating these high crimes.

Therefore, we direct our federal government to cease and desist, now and in the future, perpetrating both of the high crimes specified above.


THE NECESSITY FOR TERMINATING OUR FEDERAL GOVERNMENT’S PERPETRATION OF THE SPECIFIED HIGH CRIMES

I. Lovers of liberty act as their own enemies when they use their liberty and representative majority to aid and abet the transfer of property from those who have less to those who have more, or to transfer property from those who have more to those who have less. When they aid or abet either of these, they are perpetrating a theft. They are thereby violating the law; they are perpetrating a felony; they are corroding respect for the rule of law; they are encouraging the stifling of their own liberty; they are destroying the viability of our republic; and, they are committing a high crime. Their posterity will surely suffer from such behavior if it is allowed to continue.

II. It is especially true that our posterity will suffer loss of political freedom, if our objective is to achieve equal social freedom and/or equal economic freedom among all persons. These freedoms cannot be enjoyed by everyone concurrently.

1. Equal social freedom includes the right of the innocent to equal social status;

2. Equal economic freedom includes the right of the innocent to equal accumulated property;

3. Equal political freedom includes the right of the innocent to equal liberty.


Enforcement of equal social status among all innocent people precludes enforcement of equal accumulated property, and equal liberty. With enforcement of equal social status, those with superior talent (e.g., knowledge, skills, judgment, and accomplishments) will have their liberty and accumulated property reduced in direct proportion to their talents in order to achieve equal social status. The most talented will suffer the most reduction of their accumulated property and liberty, and the least talented will not suffer the reduction of their accumulated property and liberty, but will actually obtain greater property than those with superior talents, in order to enable them to maintain equal social status despite having inferior talent.

Similarly, enforcement of equal accumulated property among all innocent people precludes enforcement of equal social status and equal liberty. With enforcement of equal accumulated property, those with superior talent will have their status and liberty reduced in direct proportion to their talents in order to achieve equal accumulated property. The most talented will suffer the most reduction of their social status and liberty, and the least talented will suffer the least reduction of their social status and liberty.


Enforcement of equal liberty among all innocent people precludes enforcement of equal social status and equal accumulated property. However, with enforcement of equal liberty, those with superior talent will achieve more social status and more accumulated property, while those with less talent will achieve less social status and less accumulated property. This is true because increased honorable application of one’s own liberty produces more not less status, and more not less accumulated property, while decreased honorable application of liberty produces less not more social status, and less not more accumulated property,

Thus, the unequal talents among innocent people must by themselves, and not by government coercion, determine a person’s social status and accumulated property in order for them to enjoy equal liberty as stipulated by our Declaration of Independence. Otherwise, achieving equality of social status or equality of accumulated property, precludes achieving equal liberty.

Equal liberty requires a rule of law that is not different for individuals according to differences in the property they receive in mutually voluntary transactions. Equal liberty requires a rule of law that uniformly protects the privileges and immunities of citizens of the United States and does not deny to any person within its jurisdiction the equal protection of the laws. Failure of our republican government to abide by these principles will inevitably lead to the dissolution of our republic and its replacement by anarchy and/or tyranny.

III. Failure to obey the rule of law will encourage the birth of factions that will seek their ends by use of deceit and/or force. Failure to obey the rule of law by us in order to maintain the comforts of some at the expense of the comforts of others is never worth the damage it shall certainly do to our posterity.

The use of deceit and/or force breeds the use of deceit and/or force. Inevitably, a faction shall rise for the purpose of forcefully removing from government all those in government who disobey the rule of law with respect to rights of property and/or to rights of innocent vocations. Another faction shall also arise for the purpose of forcefully practicing pernicious envy and coveting (i.e., the striving to reduce and/or transfer to them selves what others have).

Each of these factions shall be corrupted by any increase in their power over that specified in OCALA. That corruption shall lead them to escalate their use of deceit and/or force until they finally shall deny those who oppose them their rights to life, liberty and the pursuit of happiness. Such events shall of course lead to the cessation of our republic in the same manner and for the same reasons as republics have historically ceased to exist.


THE OPINION OF EXPERT WITNESSES IN SUPPORT OF THE NECESSITY FOR TERMINATING OUR GOVERNMENT’S PERPETRATION OF THE SPECIFIED HIGH CRIMES

I. Alexander Tyler writing about the viability of democracy, in “The Cycle of Democracy”, 1778:

“A democracy cannot exist as a permanent form of government. It can only exist until the voters discover that they can vote themselves money from the public treasure. From that moment on the majority always votes for the candidates promising the most money from the public treasury, with the result that a democracy always collapses over loose fiscal policy followed by a dictatorship.”

Let’s do what is necessary to be the exception to Tyler’s view of the viability of democracies.

II. Alexander Hamilton supporting the adoption of OCALA, in “Federalist Paper No. 1”, 1788:

“It has been frequently remarked that it seems to have been reserved to the people of this country, by their conduct and example, to decide the important question, whether societies of men are really capable or not of establishing good government from reflection and choice, or whether they are forever destined to depend for their political constitutions on accident and force. If there be any truth in the remark, the crisis at which we are arrived may with propriety be regarded as the era in which that decision is to be made; and a wrong election of the part we shall act may, in this view, deserve to be considered as the general misfortune of mankind.”

Now it is our turn to make the right election!

III. John Jay supporting the adoption of OCALA, in “Federalist Paper No. 5”, 1788:

“Distrust naturally creates distrust, and by nothing is good-will and kind conduct more speedily changed than by invidious jealousies and uncandid imputations, whether expressed or implied.”

Let’s breed trust by compelling faithful adherence to the rule of law!

IV. James Madison supporting the adoption of OCALA, in “Federalist Paper No. 10”, 1788:

"The influence of factious leaders may kindle a flame within their particular States, but will be unable to spread a general conflagration through the other States. A religious sect may degenerate into a political faction in a part of the Confederacy; but the variety of sects dispersed over the entire face of it must secure the national councils against any danger from that source.

A rage for paper money, for an abolition of debts, for an equal division of property, or for any other improper or wicked project, will be less apt to pervade the whole body of the Union than a particular member of it; in the same proportion as such a malady is more likely to taint a particular county or district, than an entire State.

In the extent and proper structure of the Union, therefore, we behold a republican remedy for the diseases most incident to republican government. And according to the degree of pleasure and pride we feel in being republicans, ought to be our zeal in cherishing the spirit and supporting the character of Federalists."

Let’s begin again to rigorously apply that “republican remedy”!

V. Alexander Hamilton supporting the adoption of OCALA, in “Federalist Paper No. 85”, 1788:

“The additional securities to republican government, to liberty and to property, to be derived from the adoption of the plan under consideration, consist chiefly in the restraints which the preservation of the Union will impose on local factions and insurrections, and on the ambition of powerful individuals in single States, who may acquire credit and influence enough, from leaders and favorites, to become the despots of the people; … and in the precautions against the repetition of those practices on the part of the State governments which have undermined the foundations of property and credit, have planted mutual distrust in the breasts of all classes of citizens, and have occasioned an almost universal prostration of morals.”

Let’s renew and strengthen those restraints!

VI. Thomas Paine writing about the rights of posterity, in “The Rights of Man”, 1791-92:

“The illuminating and divine principle of the equal rights of man, (for it has its origin from the Maker of man) relates not only to living individuals, but to generations of men succeeding each other. Every generation is equal in rights to the generations which preceded it, by the same rule that every individual is born equal in rights with his contemporary.”

“Government has no right to make itself a party in any debate respecting the principles or modes of forming, or changing, constitutions. It is not for the benefit of those who exercise the powers of government, that constitutions, and the governments issuing from them, are established. In all those matters, the rights of judging and acting are in those who pay, and not in those who receive.”

Let’s fully exercise the rights of those of us who pay!

VII. Thomas Paine writing about the proper origin of a constitution, in “Letter Addressed to the Addressers of the Late Proclamation”, 1792:

“A Constitution is a thing antecedent to a government; it is the act of a people creating a government and giving it powers, and defining the limits and exercise of the powers so given.”

Yes, let’s restore the maintainence our vigilance and again hold our government accountable to us, Let’s direct our government to exercise only those powers expressly delegated to it by OCALA. Let’s stop the federal government from acting as an unlawful substitute for our meeting our own real obligations to provide others charitable assistance when they require it.


REPUDIATION OF THOSE INTERPRETATIONS OF OCALA THAT VARY WITH CIRCUMSTANCE

I. It has been argued, and unfortunately generally accepted, by the Supreme Court of the United States of America, that the Supreme Court is delegated by OCALA the power to interpret OCALA in the context of contemporary events; NOT in the context of OCALA’s own proposals and ratifications; and, NOT in the context of the Declaration of Independence which declared the principles, beliefs and causes for the establishment of our republic and OCALA, as reiterated in the preamble of OCALA. However, no where in OCALA is the Supreme Court of the United States of America delegated such power. Therefore the exercise of such power by the Supreme Court is an usurpation of such power, is a violation of OCALA, and is thereby a perpetration of a high crime.

II. The judges in the United States of America are expressly denied the power to exceed the bounds of the “the supreme Law of the Land,” as written both in OCALA and in those laws made in the pursuit of the objectives of OCALA. This denial of power shall prevail regardless of whether one can find in OCALA, or in any laws of any State, that which can be interpreted or can be construed to permit otherwise.

III. Furthermore, the application of word definitions and interpretations of OCALA contrary to those applied by those who proposed and by those who ratified OCALA, actually constitutes amendment of OCALA in a manner other than that specified in Article V of OCALA. For that reason also, interpretation of OCALA by the Supreme Court in other contexts than those intended by those who proposed and those who ratified OCALA constitutes an usurpation of power, and is thereby a violation of the law, and is thereby a perpetration of a high crime.


QUOTATIONS, WITH OUR INTERPRETATIONS, FROM ODOI AND OCALA

The quotations and interpretations that follow constitute our evidence that our Federal Government is not delegated by OCALA the power to change the word definitions and interpretations of OCALA from those which prevailed at the times the original federal constitution and its individual amendments were proposed and ratified. Specifically, when OCALA and its amendments were ratified, the power to transfer between people property not intended to be used by government to perform its functions, was not delegated to the federal government. Also, when OCALA and its amendments were proposed and ratified, the power to tax the same kind of objects different rates depending on the circumstances under which they have been received, held, spent, or transferred was not delegated to the federal government.
0 Replies
 
ican711nm
 
  1  
Reply Thu 2 Mar, 2006 02:04 pm
..... continuation of 2nd draft of lawsuit .....

ORIGINAL QUOTATIONS FROM ODOI REGARDING OUR RIGHTS

ODOI was the Unanimous Declaration of the Thirteen United States of America, July 4, 1776.

1. We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable rights, that among these are life, liberty and the pursuit of happiness.

2. That to secure these rights, governments are instituted among men, deriving their just powers from the consent of the governed.

3. That whenever any form of government becomes destructive to these ends, it is the right of the people to alter or to abolish it, and to institute new government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their safety and happiness.

----our interpretations

1. We individually, acting in our own perceived individual self-interest, do mutually and equally endow all innocent people with certain unalienable rights, that among these are the rights to life, liberty and the pursuit of happiness.

2. In order to secure these our rights, we established the government of the United States of America that derives its just powers from the consent of we who are governed.

3. In the event our government usurps powers not delegated, it is our right and duty to ourselves and to our posterity to either alter or to abolish our government, and to institute a government that does not usurp powers not delegated to it. We are not delegated by the government the power to alter or abolish our government. These powers are the powers that are ours by right of our having been born.

ORIGINAL QUOTATION FROM THE PREAMBLE TO OCALA
The Constitution of the United States of America, was ratified by all thirteen of the original states by March 4, 1789. The purpose of our Constitution was declared in its preamble.
4. (Preamble) We the people of the United States, in order to form a more perfect union, establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America.

----our interpretation

4. We the predecessors of we the people of the United States of America adopted OCALA. We adopted OCALA in order to institute a government of the United States of America whose powers are limited to those specified by OCALA. These powers are delegated for the express purpose of securing the blessings of liberty to our selves and to our posterity. OCALA helps accomplish this purpose by specifying what constitutes justice and the rule of law. Proper application of justice and the rule of law insures domestic tranquility, our effective common defense, and thereby promotes our general welfare.


ORIGINAL QUOTATION FROM OCALA DELEGATING SPECIFIC POWERS TO CONGRESS

5. (OCALA, Article I., Section 8.) The Congress shall have power
to lay and collect taxes, duties, imposts and excises, to pay the debts and provide for the common defense and general welfare of the United States; but all duties, imposts and excises shall be uniform throughout the United States;
To borrow money on the credit of the United States;
To regulate commerce with foreign nations, and among the several states, and with the Indian tribes;
To establish a uniform rule of naturalization, and uniform laws on the subject of bankruptcies throughout the United States;
To coin money, regulate the value thereof, and of foreign coin, and fix the standard of weights and measures;
To provide for the punishment of counterfeiting the securities and current coin of the United States;
To establish post offices and post roads;
To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries;
To constitute tribunals inferior to the Supreme Court;
To define and punish piracies and felonies committed on the high seas, and offenses against the law of nations;
To declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water;
To raise and support armies, but no appropriation of money to that use shall be for a longer term than two years;
To provide and maintain a navy;
To make rules for the government and regulation of the land and naval forces;
To provide for calling forth the militia to execute the laws of the union, suppress insurrections and repel invasions;
To provide for organizing, arming, and disciplining, the militia, and for governing such part of them as may be employed in the service of the United States, reserving to the states respectively, the appointment of the officers, and the authority of training the militia according to the discipline prescribed by Congress;
To exercise exclusive legislation in all cases whatsoever, over such District (not exceeding ten miles square) as may, by cession of particular states, and the acceptance of Congress, become the seat of the government of the United States, and to exercise like authority over all places purchased by the consent of the legislature of the state in which the same shall be, for the erection of forts, magazines, arsenals, dockyards, and other needful buildings;--And
To make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the government of the United States, or in any department or officer thereof.

----our interpretation

5. The Congress shall have the power: To do those things expressly stipulated in Article I., Section 8. of OCALA.

The following powers have NOT been expressly stipulated in Article I., Section 8. of OCALA or in any other place in OCALA, and, therefore, the Congress DOES NOT have the power:

To transfer property, for purposes other than those stipulated in OCALA, from those who have less to those who have more;
To transfer property, for purposes other than those stipulated in OCALA, from those who have more to those who have less; and,
To tax any object of property, including any object of money, differently depending on the circumstances under which it has been received, held, spent, or transferred.


ORIGINAL QUOTATION FROM OCALA REGARDING CITIZEN’S RIGHTS

6. (OCALA, Article IV. Section 2.) The citizens of each state shall be entitled to all privileges and immunities of citizens in the several states.

----our interpretation

6. Our rights consist of privileges and immunities. Privileges are what we have a right to do and have. Immunities are what we have a right to not have done to us. Each and every citizen, regardless of his state of residence has the same privileges and immunities as citizens in every state of the United States of America.


ORIGINAL QUOTATIONS FROM OCALA REGARDING THE SUPREMACY OF OCALA

7. (OCALA, Article VI) This Constitution, and the laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land;

8. (OCALA, Article VI) and the judges in every state shall be bound thereby, anything in the Constitution or laws of any State to the contrary notwithstanding.

----our interpretation

7. OCALA, and the laws of the United States of America which were made in pursuit of the purpose of OCALA; and all treaties made, or which shall be made, under the authority delegated to the United States by OCALA, shall be the “the supreme Law of the Land”.

8. The judges in the United States of America shall always be bound by “the supreme Law of the Land,” and nothing to the contrary in OCALA or in any laws of any State shall ever be interpreted or be construed to permit otherwise.


ORIGINAL QUOTATIONS FROM OCALA REGARDING POWERS AND RIGHTS NOT EXPRESSLY DELEGATED OR NOT EXPRESSLY SPECIFIED BY OCALA

9. (OCALA, Amendment IX, 1791)
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

10. (OCALA, Amendment X, 1791)
The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.

----our interpretation

9. Those rights enumerated in OCALA are but a portion of all the rights retained by the people. The government of the United States of America shall have the burden to prove to the people that any right it claims the people do not have is actually prohibited by OCALA.

10. Powers NOT delegated to the government of the United States of America by OCALA, NOT prohibited the government of the United States of America by OCALA, NOT prohibited the governments of and within the states by OCALA, and NOT prohibited the people by OCALA, are reserved to the people, or to the governments of or within the states, respectively. The government of the United States of America shall have the burden to prove to the people that any power it exercises is delegated to it by OCALA. The government of the United States of America shall have the burden to prove to the people that any power it claims the people or the states do not have is actually denied the people or the states by OCALA.


ORIGINAL QUOTATIONS FROM OCALA REGARDING OATHS TAKEN BY ELECTED AND APPOINTED OFFICIALS

11. (OCALA, Article II, Section 1) Before he enter on the execution of his office, he shall take the following oath or affirmation:--"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."

12. (OCALA, Article II., Section 4.) The President, Vice President and all civil officers of the United States, shall be removed from office on impeachment for, and conviction of, treason, bribery, or other high crimes and misdemeanors.

13. (OCALA, Article VI) The Senators and Representatives before mentioned, and the members of the several state legislatures, and all executive and judicial officers, both of the United States and of the several states, shall be bound by oath or affirmation, to support this Constitution;

----our interpretation

11. At the beginning of each term of his office, the President of the United States of America did swear (or affirm) to faithfully execute the office of President of the United States, and to the best of the President’s ability, act in accord with, preserve, protect and defend OCALA.

12. The elected and appointed officials of the government of the United States shall be removed from office on impeachment for, and conviction of high crimes. An elected or appointed official commits a high crime when she or he violates her or his oath or affirmation to act in accord with, preserve, protect and defend OCALA, “the supreme Law of the Land,” and shall be impeached and convicted of that high crime. When impeached and convicted, an elected or appointed official shall be removed from office.

13. The Senators and Representatives of the Congress, and the members of the several state legislatures, and all executive and judicial officers, both of the United States of America and of the several states, are bound by their oath or affirmation, to act in accord with, preserve, protect and defend OCALA.


ORIGINAL QUOTATION FROM OCALA REGARDING THE PROCESS OF AMENDING OCALA

14. (OCALA, Article V) proposed] Amendments ... shall be valid to all intents and purposes, as part of this Constitution, when ratified by the legislatures of three fourths of the several states, or by conventions in three fourths thereof, . . .

----our interpretation

14. Article V and no other article in OCALA specifies the method for amending OCALA. OCALA does not specify any other method for ratifying amendments to OCALA than the two methods specified in Article V.

OCALA can only be amended by the ratification of the legislatures of three fourths of the several states, or by the ratification of conventions in three fourths of the states.

Neither the legislative branch, the judicial branch or the executive branch of the government of the United States of America is delegated by OCALA the power to ratify amendments to OCALA.


ORIGINAL QUOTATION FROM OCALA REGARDING PROHIBITION OF SLAVERY AND INVOLUNTARY SERVITUDE

15. (OCALA, Amendment XIII, 1865, Section 1) Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.

----our interpretation

15. Except as a punishment for a crime whereof the party shall have been duly convicted, no person within the United States of America, or any place subject to their jurisdiction shall be compelled into that condition wherein they are an item of the tangible movable or immovable property of another. We individually possess exclusive ownership of our individual selves. We individually share our own ownership of our individual selves with no other mortal. In addition, our individual selves own that which we individually have obtained lawfully.


ORIGINAL QUOTATION FROM OCALA REGARDING THE CONDITIONS FOR A PERSON’S DEPRIVATION OF RIGHTS WITHIN THE EQUAL PROTECTION OF THE LAW

16. (OCALA, Amendment V, 1791) No person shall be ... deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

17. (OCALA, Amendment XIV, 1868, Section 1) No state shall ... deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

----our interpretation

16. Both the government of the United States of America and the government of any state of the United States of America shall NOT deprive any person of life, liberty, or property without the due process of law; nor shall they deprive any person of their property without just compensation.

17. The government of any state shall NOT deprive any person within its jurisdiction of life, liberty, or property without the due process of law; nor shall it deprive any person of their property without just compensation; nor shall it deprive any person of equal protection of the law.


ORIGINAL QUOTATION FROM OCALA REGARDING THE INCOME TAX

18. (OCALA, Amendment XVI, 1913) The Congress shall have power to lay and collect taxes on incomes, from whatever source derived, without apportionment among the several states, and without regard to any census or enumeration.

----our interpretation

18. The Congress shall have power to circumvent the limitations specified in Article I. Section 9. (i.e., No capitation, or other direct, tax shall be laid, unless in proportion to the census or enumeration herein before directed to be taken), while laying and collecting taxes on all incomes. However, the Congress has not been delegated by this amendment the power to abridge the privileges or immunities of citizens of the United States or deny to any person within the United States either the equal protection of the law, or just compensation for property taken for a public purpose.

The federal government shall not exercise powers not delegated to it by OCALA. Accordingly, the amount of any person’s income exempt from federal income tax shall be uniform among all persons. The federal tax on each dollar of income shall be uniform among all dollars of income not exempted. No dollar of income shall be taxed on the basis of the circumstances under which it has been received, held, spent, or transferred.


CONCLUSION

Denial of a person’s equal rights to life, to liberty, to property, to protection of the law, to due process, and to just compensation for their property taken for a public use, are a violation of OCALA and are thereby perpetrations of high crimes. Those denying any of these rights shall cease and desist, resign from office, or be lawfully removed from office.


=====================================================================


WE PROPOSE THIS AMENDMENT TO THE CONGRESS

DISCUSSION

Immediate termination of these proven high crimes shall cause suffering to those who themselves have previously been victims of these high crimes, who were forced thereby to transfer their property to others, and who are now receiving property from others who have been forced to transfer their property to them. In order to ameliorate such suffering, we recommend that Congress propose an appropriate amendment of OCALA to the States for their speedy ratification.

We recommend this amendment as a means to delegate to the Congress the power to provide for the timely, responsible, fair, and thorough disassembly of federal government programs not authorized by OCALA.

PROPOSED AMENDMENT XXVIII

Section 1. Congress shall have the power to adopt reasonable procedures for terminating by December 31, 2013, all currently existing laws and programs that violate Our Constitution As Lawfully Amended, “the supreme Law of the Land.”

Section 2. Congress shall have the power to establish voluntary programs for financing and ameliorating human suffering.

=====================================================================


“A generous parent should have said,

‘If there must be trouble, let it be in my day, that my child may have peace’;

and this single reflection, well applied, is sufficient to awaken every man to duty.”

---Thomas Paine in “The American Crisis”, December, 1776.


=====================================================================
0 Replies
 
ican711nm
 
  1  
Reply Tue 7 Mar, 2006 08:05 pm
---3rd DRAFT---

LAWSUIT BRIEF

WE FREE CITIZENS OF THESE UNITED STATES OF AMERICA, ACTING IN ACCORD WITH OUR OWN JUDGMENTS, CONSCIENCES, AND FREE WILL, FILE THIS LAWSUIT IN ORDER TO RECTIFY CERTAIN PAST AND PRESENT UNLAWFUL ACTS BY THE GOVERNMENT OF THE UNITED STATES OF AMERICA


We accuse past and present members of the Congress, past and present members of the Supreme Court, and past Presidents and the present President, of not complying with their oaths or affirmations to support the Constitution of the United States of America as lawfully amended. According to the Constitution, their failures to comply with their oaths or affirmations constitute the perpetration of high crimes. We seek an order by this federal district court that directs the present perpetrators of these high crimes to cease and desist perpetrating these high crimes, resign from office, or be lawfully removed from office.


PREAMBLE

We fully support without any reservation Our Declaration of Independence (hereinafter, ODOI). We believe that ALL innocent people are equally endowed with certain unalienable rights. As specified in ODOI, these rights include, but are not limited to, the right to life, liberty and the pursuit of happiness. As forecast in ODOI, we the people of the United States of America instituted our government in order to secure these rights for each of us and for our posterity.

Our Constitution As Lawfully Amended (hereinafter, OCALA) specifies those powers we the people delegated to our republic for securing our rights. OCALA expressly denies our republic any other powers. OCALA also specifies those rights we shall not have and some of the rights we do have. OCALA also explicitly specifies that we the people retain additional rights not denied by OCALA and not specified by OCALA, including, but not limited to, the exclusive ownership of our individual selves by our individual selves. In addition, our individual selves own that property which we individually have obtained lawfully. Our money property paid in the form of taxes to enable government to employ powers granted by our Constitution to achieve purposes expressly stated in our Constitution, such as securing our rights, is justly compensated. Our money property paid in the form of taxes to enable government to employ powers not granted by our Constitution to achieve purposes not expressly stated in our Constitution, such as transferring property from a citizen to another citizen, is not justly compensated.

We willingly and knowingly pledge allegiance to the flag of the United States of America and to the republic for which it stands: one nation under God; indivisible; with liberty and justice for all. By virtue of this our pledge, we have knowingly chosen to obligate ourselves as free citizens of these United States of America to take such lawful action we judge is most likely to preserve our republic for us and our posterity.


WE HOLD THE GOVERNMENT OF THE UNITED STATES OF AMERICA IS PERPETRATING TWO HIGH CRIMES

FIRST: The Government of the United States of America is currently exercising the power to compel the transfer of property between Americans for purposes other than those specified in OCALA. These powers have NOT been delegated to the Government of the United States of America by OCALA. Consequently, the Government of the United States of America is usurping these powers, is thereby violating “the supreme Law of the Land,” and is thereby perpetrating a high crime.

Specifically, the Government of the United States of America is:
a. Taxing younger people in order to pay retirement income to older people, who are neither federal government employees or federal government contractors;
b. Taxing younger people in order to pay for medical treatment of older people, who are neither federal government employees or government contractors;
c. Taxing some of us in order to pay others of us, who are neither federal government employees or federal government contractors, to educate still others of us;
d. Taxing some of us in order to grant and/or loan money to others of us, who are neither federal government employees or federal government contractors;
e. Taxing some of us in order to provide income to others of us, who are neither federal government employees or federal government contractors.


SECOND: The government of the United States of America is exercising the power to exempt and tax our individual dollars of income differently depending on the circumstances under which they have been received, held, spent, or transferred, when that power has NOT been delegated to the Government of the United States of America by OCALA. Consequently the Government of the United States of America is usurping these powers, and is thereby violating “the supreme Law of the Land,” and is thereby perpetrating a high crime.

Specifically, the Government of the United States of America is exempting and taxing individual dollars of income and/or revenue received by persons according to:
a. How much income a person has received;
b. When a person received that income;
c. Who (e.g., age, responsibilities, etc.) received that income;
d. Where that person received that income;
e. What is the vocation of that person who receives that income;
f. Why the person received that income;
g. How much income that person received within a given time;
h. How much income that person received up to that given time;
i. How that income is transferred or spent; and,
j. Under what conditions that person who received that income currently exists.


WE PETITION FOR THIS REMEDY

We petition this federal district court to order our federal government to cease and desist, now and in the future, perpetrating the FIRST and the SECOND high crimes specified above.

THE BASIS FOR OUR PETITION FOR THIS REMEDY

According to the 10th Amendment to OCALA, our federal government has only those powers delegated to it by OCALA. According to the 9th Amendment to OCALA, we individually have all those rights not prohibited us by OCALA. According to the 5th, 9th, 10th, and 14th Amendments, each and everyone of us has the same privileges and immunities, the same rights to life, liberty, property, the same rights to due process of law, the same rights to equal protection of the law, and the same rights to just compensation for such of our property taken for a public use. Any action by our federal government to deny us, the innocent, those rights constitutes a high crime. Therefore, We petition our federal judiciary to order such denial of our rights to cease.

Our federal government was not delegated by OCALA the power to perpetrate those acts specified above. On the contrary, our federal government is expressly denied by OCALA’s 9th and 10th Amendments the power to perpetrate the high crimes specified above. Nor does OCALA DENY us, the people, the right to petition our federal government to cease and desist perpetrating these high crimes.


THE NECESSITY FOR TERMINATING OUR FEDERAL GOVERNMENT’S PERPETRATION OF THE SPECIFIED HIGH CRIMES

I. Lovers of liberty act as their own enemies when they use their liberty and representative majority to aid and abet the transfer of property from those who have less to those who have more, or to transfer property from those who have more to those who have less. When they aid or abet either of these, they are perpetrating a theft. They are thereby violating the law; they are perpetrating a felony; they are corroding respect for the rule of law; they are encouraging the stifling of their own liberty; they are destroying the viability of our republic; and, they are committing a high crime. Their posterity will surely suffer from such behavior if it is allowed to continue.

II. It is especially true that our posterity will suffer loss of political freedom, if our objective is to achieve equal social freedom and/or equal economic freedom among all persons. These freedoms cannot be enjoyed by everyone concurrently.

1. Equal social freedom includes the right of the innocent to equal social status;

2. Equal economic freedom includes the right of the innocent to equal accumulated property;

3. Equal political freedom includes the right of the innocent to equal liberty.


Enforcement of equal social status among all innocent people precludes enforcement of equal accumulated property, and equal liberty. With enforcement of equal social status, those with superior talent (e.g., knowledge, skills, judgment, and accomplishments) will have their liberty and accumulated property reduced in direct proportion to their talents in order to achieve equal social status. The most talented will suffer the most reduction of their accumulated property and liberty, and the least talented will not suffer the reduction of their accumulated property and liberty, but will actually obtain greater property than those with superior talents, in order to enable them to maintain equal social status despite having inferior talent.

Similarly, enforcement of equal accumulated property among all innocent people precludes enforcement of equal social status and equal liberty. With enforcement of equal accumulated property, those with superior talent will have their status and liberty reduced in direct proportion to their talents in order to achieve equal accumulated property. The most talented will suffer the most reduction of their social status and liberty, and the least talented will suffer the least reduction of their social status and liberty.


Enforcement of equal liberty among all innocent people precludes enforcement of equal social status and equal accumulated property. However, with enforcement of equal liberty, those with superior talent will achieve more social status and more accumulated property, while those with less talent will achieve less social status and less accumulated property. This is true because increased honorable application of one’s own liberty produces more not less status, and more not less accumulated property, while decreased honorable application of liberty produces less not more social status, and less not more accumulated property,

Thus, the unequal talents among innocent people must by themselves, and not by government coercion, determine a person’s social status and accumulated property in order for them to enjoy equal liberty as stipulated by our Declaration of Independence. Otherwise, achieving equality of social status or equality of accumulated property, precludes achieving equal liberty.

Equal liberty requires a rule of law that is not different for individuals according to differences in the property they receive in mutually voluntary transactions. Equal liberty requires a rule of law that uniformly protects the privileges and immunities of citizens of the United States and does not deny to any person within its jurisdiction the equal protection of the laws. Failure of our republican government to abide by these principles will inevitably lead to the dissolution of our republic and its replacement by anarchy and/or tyranny.

III. Failure to obey the rule of law will encourage the birth of factions that will seek their ends by use of deceit and/or force. Failure to obey the rule of law by us in order to maintain the comforts of some at the expense of the comforts of others is never worth the damage it shall certainly do to our posterity.

The use of deceit and/or force breeds the use of deceit and/or force. Inevitably, a faction shall rise for the purpose of forcefully removing from government all those in government who disobey the rule of law with respect to rights of property and/or to rights of innocent vocations. Another faction shall also arise for the purpose of forcefully practicing pernicious envy and coveting (i.e., the striving to reduce and/or transfer to them selves what others have).

Each of these factions shall be corrupted by any increase in their power over that specified in OCALA. That corruption shall lead them to escalate their use of deceit and/or force until they finally shall deny those who oppose them their rights to life, liberty and the pursuit of happiness. Such events shall of course lead to the cessation of our republic in the same manner and for the same reasons as republics have historically ceased to exist.


THE OPINION OF EXPERT WITNESSES IN SUPPORT OF THE NECESSITY FOR TERMINATING OUR GOVERNMENT’S PERPETRATION OF THE SPECIFIED HIGH CRIMES

I. Alexander Tyler writing about the viability of democracy, in “The Cycle of Democracy”, 1778:

“A democracy cannot exist as a permanent form of government. It can only exist until the voters discover that they can vote themselves money from the public treasure. From that moment on the majority always votes for the candidates promising the most money from the public treasury, with the result that a democracy always collapses over loose fiscal policy followed by a dictatorship.”

Let’s do what is necessary to be the exception to Tyler’s view of the viability of democracies.

II. Alexander Hamilton supporting the adoption of OCALA, in “Federalist Paper No. 1”, 1788:

“It has been frequently remarked that it seems to have been reserved to the people of this country, by their conduct and example, to decide the important question, whether societies of men are really capable or not of establishing good government from reflection and choice, or whether they are forever destined to depend for their political constitutions on accident and force. If there be any truth in the remark, the crisis at which we are arrived may with propriety be regarded as the era in which that decision is to be made; and a wrong election of the part we shall act may, in this view, deserve to be considered as the general misfortune of mankind.”

Now it is our turn to make the right election!

III. John Jay supporting the adoption of OCALA, in “Federalist Paper No. 5”, 1788:

“Distrust naturally creates distrust, and by nothing is good-will and kind conduct more speedily changed than by invidious jealousies and uncandid imputations, whether expressed or implied.”

Let’s breed trust by compelling faithful adherence to the rule of law!

IV. James Madison supporting the adoption of OCALA, in “Federalist Paper No. 10”, 1788:

"The influence of factious leaders may kindle a flame within their particular States, but will be unable to spread a general conflagration through the other States. A religious sect may degenerate into a political faction in a part of the Confederacy; but the variety of sects dispersed over the entire face of it must secure the national councils against any danger from that source.

A rage for paper money, for an abolition of debts, for an equal division of property, or for any other improper or wicked project, will be less apt to pervade the whole body of the Union than a particular member of it; in the same proportion as such a malady is more likely to taint a particular county or district, than an entire State.

In the extent and proper structure of the Union, therefore, we behold a republican remedy for the diseases most incident to republican government. And according to the degree of pleasure and pride we feel in being republicans, ought to be our zeal in cherishing the spirit and supporting the character of Federalists."

Let’s begin again to rigorously apply that “republican remedy”!

V. Alexander Hamilton supporting the adoption of OCALA, in “Federalist Paper No. 85”, 1788:

“The additional securities to republican government, to liberty and to property, to be derived from the adoption of the plan under consideration, consist chiefly in the restraints which the preservation of the Union will impose on local factions and insurrections, and on the ambition of powerful individuals in single States, who may acquire credit and influence enough, from leaders and favorites, to become the despots of the people; … and in the precautions against the repetition of those practices on the part of the State governments which have undermined the foundations of property and credit, have planted mutual distrust in the breasts of all classes of citizens, and have occasioned an almost universal prostration of morals.”

Let’s renew and strengthen those restraints!

VI. Thomas Paine writing about the rights of posterity, in “The Rights of Man”, 1791-92:

“The illuminating and divine principle of the equal rights of man, (for it has its origin from the Maker of man) relates not only to living individuals, but to generations of men succeeding each other. Every generation is equal in rights to the generations which preceded it, by the same rule that every individual is born equal in rights with his contemporary.”

“Government has no right to make itself a party in any debate respecting the principles or modes of forming, or changing, constitutions. It is not for the benefit of those who exercise the powers of government, that constitutions, and the governments issuing from them, are established. In all those matters, the rights of judging and acting are in those who pay, and not in those who receive.”

Let’s fully exercise the rights of those of us who pay!

VII. Thomas Paine writing about the proper origin of a constitution, in “Letter Addressed to the Addressers of the Late Proclamation”, 1792:

“A Constitution is a thing antecedent to a government; it is the act of a people creating a government and giving it powers, and defining the limits and exercise of the powers so given.”

Yes, let’s restore the maintainence our vigilance and again hold our government accountable to us, Let’s direct our government to exercise only those powers expressly delegated to it by OCALA. Let’s stop the federal government from acting as an unlawful substitute for our meeting our own real obligations to provide others charitable assistance when they require it.


REPUDIATION OF THOSE INTERPRETATIONS OF OCALA THAT VARY WITH CIRCUMSTANCE

I. It has been argued, and unfortunately generally accepted, by the Supreme Court of the United States of America, that the Supreme Court is delegated by OCALA the power to interpret OCALA in the context of contemporary events; NOT in the context of OCALA’s own Congressional proposals and the ratifications by the States; and, NOT in the context of the Declaration of Independence which declared the principles, beliefs and causes for the establishment of our republic and OCALA, as reiterated in the preamble of OCALA. However, no where in OCALA is the Supreme Court of the United States of America delegated such power. Therefore the exercise of such power by the Supreme Court is an usurpation of such power, is a violation of OCALA, and is thereby a perpetration of a high crime.

II. The judges in the United States of America are expressly denied the power to exceed the bounds of the “the supreme Law of the Land,” as written both in OCALA and in those laws made in the pursuit of the objectives of OCALA. This denial of power shall prevail regardless of whether one can find in OCALA, or in any laws of any State, that which can be interpreted or can be construed to permit otherwise.

III. Furthermore, the application of word definitions and interpretations of OCALA contrary to those applied by those who proposed and by those who ratified OCALA, actually constitutes amendment of OCALA in a manner other than that specified in Article V of OCALA. For that reason also, interpretation of OCALA by the Supreme Court in other contexts than those intended by those who proposed and those who ratified OCALA constitutes an usurpation of power, and is thereby a violation of the law, and is thereby a perpetration of a high crime.


EXCERPTS FROM ODOI AND OCALA AND THEIR ORIGINAL INTERPRETATIONS

The quotations and interpretations that follow constitute our evidence that our Federal Government is not delegated by OCALA the power to change the word definitions and interpretations of OCALA from those which prevailed at the times the original federal constitution and its individual amendments were proposed and ratified. Specifically, when OCALA and its amendments were ratified, the power to transfer between people property not intended to be used by government to perform its functions, was not delegated to the federal government. Also, when OCALA and its amendments were proposed and ratified, the power to tax the same kind of objects different rates depending on the circumstances under which they have been received, held, spent, or transferred was not delegated to the federal government.


EXCERPTS FROM ODOI REGARDING OUR RIGHTS

ODOI was the Unanimous Declaration of the Thirteen United States of America, July 4, 1776.

1. We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable rights, that among these are life, liberty and the pursuit of happiness.

2. That to secure these rights, governments are instituted among men, deriving their just powers from the consent of the governed.

3. That whenever any form of government becomes destructive to these ends, it is the right of the people to alter or to abolish it, and to institute new government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their safety and happiness.

----original interpretations

1. We individually, acting in our own perceived individual self-interest, do mutually and equally endow all innocent people with certain unalienable rights, that among these are the rights to life, liberty and the pursuit of happiness.

2. In order to secure these our rights, we established the government of the United States of America that derives its just powers from the consent of we who are governed.

3. In the event our government usurps powers not delegated, it is our right and duty to ourselves and to our posterity to either alter or to abolish our government, and to institute a government that does not usurp powers not delegated to it. We are not delegated by the government the power to alter or abolish our government. These powers are the powers that are ours by right of our having been born.

EXCERPT FROM THE PREAMBLE TO OCALA
The Constitution of the United States of America, was ratified by all thirteen of the original states by March 4, 1789. The purpose of our Constitution was declared in its preamble.
4. (Preamble) We the people of the United States, in order to form a more perfect union, establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America.

----original interpretation

4. We the predecessors of we the people of the United States of America adopted OCALA. We adopted OCALA in order to institute a government of the United States of America whose powers are limited to those specified by OCALA. These powers are delegated for the express purpose of securing the blessings of liberty to our selves and to our posterity. OCALA helps accomplish this purpose by specifying what constitutes justice and the rule of law. Proper application of justice and the rule of law insures domestic tranquility, our effective common defense, and thereby promotes our general welfare.


EXCERPT FROM OCALA DELEGATING SPECIFIC POWERS TO CONGRESS

5. (OCALA, Article I., Section 8.) The Congress shall have power
to lay and collect taxes, duties, imposts and excises, to pay the debts and provide for the common defense and general welfare of the United States; but all duties, imposts and excises shall be uniform throughout the United States;
To borrow money on the credit of the United States;
To regulate commerce with foreign nations, and among the several states, and with the Indian tribes;
To establish a uniform rule of naturalization, and uniform laws on the subject of bankruptcies throughout the United States;
To coin money, regulate the value thereof, and of foreign coin, and fix the standard of weights and measures;
To provide for the punishment of counterfeiting the securities and current coin of the United States;
To establish post offices and post roads;
To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries;
To constitute tribunals inferior to the Supreme Court;
To define and punish piracies and felonies committed on the high seas, and offenses against the law of nations;
To declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water;
To raise and support armies, but no appropriation of money to that use shall be for a longer term than two years;
To provide and maintain a navy;
To make rules for the government and regulation of the land and naval forces;
To provide for calling forth the militia to execute the laws of the union, suppress insurrections and repel invasions;
To provide for organizing, arming, and disciplining, the militia, and for governing such part of them as may be employed in the service of the United States, reserving to the states respectively, the appointment of the officers, and the authority of training the militia according to the discipline prescribed by Congress;
To exercise exclusive legislation in all cases whatsoever, over such District (not exceeding ten miles square) as may, by cession of particular states, and the acceptance of Congress, become the seat of the government of the United States, and to exercise like authority over all places purchased by the consent of the legislature of the state in which the same shall be, for the erection of forts, magazines, arsenals, dockyards, and other needful buildings;--And
To make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the government of the United States, or in any department or officer thereof.

----original interpretation

5. The Congress shall have the power: To do those things expressly stipulated in Article I., Section 8. of OCALA.

The following powers have NOT been expressly stipulated in Article I., Section 8. of OCALA or in any other place in OCALA, and, therefore, the Congress DOES NOT have the power:

To transfer property, for purposes other than those stipulated in OCALA, from those who have less to those who have more;
To transfer property, for purposes other than those stipulated in OCALA, from those who have more to those who have less; and,
To tax any object of property, including any object of money, differently depending on the circumstances under which it has been received, held, spent, or transferred.


EXCERPT FROM OCALA REGARDING CITIZEN’S RIGHTS

6. (OCALA, Article IV. Section 2.) The citizens of each state shall be entitled to all privileges and immunities of citizens in the several states.

----original interpretation

6. Our rights consist of privileges and immunities. Privileges are what we have a right to do and have. Immunities are what we have a right to not have done to us. Each and every citizen, regardless of his state of residence has the same privileges and immunities as citizens in every state of the United States of America.


EXCERPT FROM OCALA REGARDING THE SUPREMACY OF OCALA

7. (OCALA, Article VI) This Constitution, and the laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land;

8. (OCALA, Article VI) and the judges in every state shall be bound thereby, anything in the Constitution or laws of any State to the contrary notwithstanding.

----original interpretation

7. OCALA, and the laws of the United States of America which were made in pursuit of the purpose of OCALA; and all treaties made, or which shall be made, under the authority delegated to the United States by OCALA, shall be the “the supreme Law of the Land”.

8. The judges in the United States of America shall always be bound by “the supreme Law of the Land,” and nothing to the contrary in OCALA or in any laws of any State shall ever be interpreted or be construed to permit otherwise.


EXCERPT FROM OCALA REGARDING POWERS AND RIGHTS NOT EXPRESSLY DELEGATED OR NOT EXPRESSLY SPECIFIED BY OCALA

9. (OCALA, Amendment IX, 1791)
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

10. (OCALA, Amendment X, 1791)
The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.

----original interpretation

9. Those rights enumerated in OCALA are but a portion of all the rights retained by the people. The government of the United States of America shall have the burden to prove to the people that any right it claims the people do not have is actually prohibited by OCALA.

10. Powers NOT delegated to the government of the United States of America by OCALA, NOT prohibited the government of the United States of America by OCALA, NOT prohibited the governments of and within the states by OCALA, and NOT prohibited the people by OCALA, are reserved to the people, or to the governments of or within the states, respectively. The government of the United States of America shall have the burden to prove to the people that any power it exercises is delegated to it by OCALA. The government of the United States of America shall have the burden to prove to the people that any power it claims the people or the states do not have is actually denied the people or the states by OCALA.


EXCERPTS FROM OCALA REGARDING OATHS TAKEN BY ELECTED AND APPOINTED OFFICIALS

11. (OCALA, Article II, Section 1) Before he enter on the execution of his office, he shall take the following oath or affirmation:--"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."

12. (OCALA, Article II., Section 4.) The President, Vice President and all civil officers of the United States, shall be removed from office on impeachment for, and conviction of, treason, bribery, or other high crimes and misdemeanors.

13. (OCALA, Article VI) The Senators and Representatives before mentioned, and the members of the several state legislatures, and all executive and judicial officers, both of the United States and of the several states, shall be bound by oath or affirmation, to support this Constitution;

----original interpretation

11. At the beginning of each term of his office, the President of the United States of America did swear (or affirm) to faithfully execute the office of President of the United States, and to the best of the President’s ability, act in accord with, preserve, protect and defend OCALA.

12. The elected and appointed officials of the government of the United States shall be removed from office on impeachment for, and conviction of high crimes. An elected or appointed official commits a high crime when she or he violates her or his oath or affirmation to act in accord with, preserve, protect and defend OCALA, “the supreme Law of the Land,” and shall be impeached and convicted of that high crime. When impeached and convicted, an elected or appointed official shall be removed from office.

13. The Senators and Representatives of the Congress, and the members of the several state legislatures, and all executive and judicial officers, both of the United States of America and of the several states, are bound by their oath or affirmation, to act in accord with, preserve, protect and defend OCALA.


EXCERPT FROM OCALA REGARDING THE PROCESS OF AMENDING OCALA

14. (OCALA, Article V) proposed] Amendments ... shall be valid to all intents and purposes, as part of this Constitution, when ratified by the legislatures of three fourths of the several states, or by conventions in three fourths thereof, . . .

----original interpretation

14. Article V and no other article in OCALA specifies the method for amending OCALA. OCALA does not specify any other method for ratifying amendments to OCALA than the two methods specified in Article V.

OCALA can only be amended by the ratification of the legislatures of three fourths of the several states, or by the ratification of conventions in three fourths of the states.

Neither the legislative branch, the judicial branch or the executive branch of the government of the United States of America is delegated by OCALA the power to ratify amendments to OCALA.


EXCERPT FROM OCALA REGARDING PROHIBITION OF SLAVERY AND INVOLUNTARY SERVITUDE

15. (OCALA, Amendment XIII, 1865, Section 1) Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.

----original interpretation

15. Except as a punishment for a crime whereof the party shall have been duly convicted, no person within the United States of America, or any place subject to their jurisdiction shall be compelled into that condition wherein they are an item of the tangible movable or immovable property of another. We individually possess exclusive ownership of our individual selves. We individually share our own ownership of our individual selves with no other mortal. In addition, our individual selves own that which we individually have obtained lawfully.


EXCERPT FROM OCALA REGARDING THE CONDITIONS FOR A PERSON’S DEPRIVATION OF RIGHTS WITHIN THE EQUAL PROTECTION OF THE LAW

16. (OCALA, Amendment V, 1791) No person shall be ... deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

17. (OCALA, Amendment XIV, 1868, Section 1) No state shall ... deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

----original interpretation

16. Both the government of the United States of America and the government of any state of the United States of America shall NOT deprive any person of life, liberty, or property without the due process of law; nor shall they deprive any person of their property without just compensation.

17. The government of any state shall NOT deprive any person within its jurisdiction of life, liberty, or property without the due process of law; nor shall it deprive any person of their property without just compensation; nor shall it deprive any person of equal protection of the law.


EXCERPT FROM OCALA REGARDING THE INCOME TAX

18. (OCALA, Amendment XVI, 1913) The Congress shall have power to lay and collect taxes on incomes, from whatever source derived, without apportionment among the several states, and without regard to any census or enumeration.

----original interpretation

18. The Congress shall have power to circumvent the limitations specified in Article I. Section 9. (i.e., No capitation, or other direct, tax shall be laid, unless in proportion to the census or enumeration herein before directed to be taken), while laying and collecting taxes on all incomes. However, the Congress has not been delegated by this amendment the power to abridge the privileges or immunities of citizens of the United States or deny to any person within the United States either the equal protection of the law, or just compensation for property taken for a public purpose.

The federal government shall not exercise powers not delegated to it by OCALA. Accordingly, the amount of any person’s income exempt from federal income tax shall be uniform among all persons. The federal tax on each dollar of income shall be uniform among all dollars of income not exempted. No dollar of income shall be taxed on the basis of the circumstances under which it has been received, held, spent, or transferred.


CONCLUSION

Denial of a person’s equal rights to life, to liberty, to property, to protection of the law, to due process, and to just compensation for their property taken for a public use, are a violation of OCALA and are thereby perpetrations of high crimes. We therefore petition this Federal District Court to order those denying any of these rights to cease and desist, resign from office, or be lawfully removed from office.
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