Friday, August 28, 2015

Article II of the U.S. Constitution as a Poison Pill Defense Against Foreign Encroachment

A poison pill defense is a mechanism to fend off encroachment from an unwanted suitor. Justice Joseph Story wrote of the purpose of the natural born citizenship clause, Article II, section 1, clause 5, U.S. Constitution, to exclude persons under the influence of a foreign power, "[T]he general propriety of the exclusion of foreigners, in common cases, will scarcely be doubted by any sound statesman. It cuts off all chances for ambitious foreigners, who might otherwise be intriguing for the office; and interposes a barrier against those corrupt interferences of foreign governments in executive elections, which have inflicted the most serious evils upon the elective monarchies of Europe." See Commentaries on the Constitution of the United States § 1473, at 333 (1833).

A republic is a system of government which derives its power from the people. The Founders rejected a monarchy as a violation of the God given rights to life, liberty, and the pursuit of happiness through a representational form of government. Common Sense, by Thomas Paine, promoted republican ideals and independence to the larger public. The Constitution of the United States, ratified in 1789, created a federal republic that repealed and replaced the confederation established after the Declaration Independence, July 4, 1776. The Articles of Confederation and Perpetual Union, ratified in 1783, was the first attempt at a republican form of government. Article IV of the United States Constitution "guarantee[s] to every State in this Union a Republican form of Government". The Preamble of the U.S. Constitution makes clear, "We the people of the United States ... do ordain and establish this Constitution for the United States of America.

Republics use the term president to describe the head of state. The original 13 British colonies became independent states after the American Revolution. Each of the independent states had a republican form of government with a governor elected by the people of each state as its executive officer. The republican form of government is one in which the powers of sovereignty are vested in the people and are exercised through representatives to whom the powers of sovereignty are delegated. "[A]t the Revolution, the sovereignty devolved on the people; and they are truly the sovereigns of the country, ...". See Chisholm v. Georgia (US) 2 Dall 419, 454, 1 L Ed 440, 455 @Dall (1793) pp 471-472. "The very meaning of 'sovereignty' is that the decree of the sovereign makes law." American Banana Co. v. United Fruit Co., 29 S.Ct. 511, 513, 213 U.S. 347, 53 L.Ed. 826, 19 Ann. Cas. 1047. A republican form of government is one in which the powers of sovereignty are vested in the people and are exercised by the people, either directly, or through representatives chosen by the people, to whom those powers are specially delegated. See In re Duncan, 139 U.S. 449, 11 S.Ct. 573, 35 L.Ed. 219; Minor v. Happersett, 88 U.S. (21 Wall.) 162, 22 L.Ed. 627. Black's Law Dictionary, Fifth Edition, p. 626. 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 IV, §4, U.S. Const.

The Senators and Representatives [...] 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 VI, clause 3, U.S. Const. "The United States has no voters in the States of its own creation. The elective officers of the United States are all elected directly or indirectly by State voters." See Minor v. Happersett, 88 U.S. (21 Wall.) 162, 22 L.Ed. 627.

The People are sovereign. The sovereign may amend or abolish the U.S. Constitution in times of unhappiness at the ballot box. The "fundamental principle of republican government, which admits the right of the people to alter or abolish the established Constitution, whenever they find it inconsistent with their happiness ...," Publius [Alexander Hamilton], The Federalist No. 78, June 14, 1788. "Until the people have, by some solemn and authoritative act, annulled or changed the established form, it is binding upon themselves collectively, as well as individually; and no presumption, or even knowledge, of their sentiments, can warrant their representatives in a departure from it, prior to such an act." All federal and state judges, all federal and state legislators, and all federal and state executive branch officers are bound by oath to support the U.S. Constitution until abolished through verified vote by the sovereign.

Article II of the U.S. Constitution is a poison pill defense against the usurpation of the Office of the President of the United States by a person with allegiance to a foreign power. An ineligible sitting President is not removed or prevented from performing his duties by the Congress or the courts. The People are omnipotent and cannot be denied the chosen leader. The U.S. Constitution is voided when an ineligible President assumes the highest office in the land to prevent the usurper from inheriting a functioning constitutional republic. After installing an ineligible President, the People must renew the constitutional republic with an improved national governing document ratified through a national referendum.