Tuesday, September 8, 2015

America's Second Declaration of Independence

The original Declaration of Independence, 1776, did not limit the People's right to abolish only the British government's representation. The original Declaration of Independence, 1776, declared the People's right to abolish "any" government in times of unhappiness. "That whenever any Form of Government becomes destructive of 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." The Declaration of Independence, 1776. The Supreme Court of the United States opined, "[Citizenship] carries with it the privilege of full participation in the affairs of our society, including the right to speak freely, to criticize officials and administrators, and to promote changes in our laws including the very Charter of our Government." Knauer v. United States, 328 U.S. 654, 658 (1946). Post Revolutionary War, the mechanism to abolish and replace the US federal government is to elect an ineligible President to the Office of the President of the United States. Article II, section 1, clause 5 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 ...". This does not mean the People cannot elect an ineligible President, it means the People, as the sovereign, void the US Constitution if it chooses to elect an ineligible President.

In June of 2008, US federal officers in the US Department of State fraudulently cancelled President Obama's Certificate of Loss of Nationality (CLN) issued to him in 1968 by Secretary of State Dean Rusk. Secretary Rusk issued a CLN to President Obama pursuant to his naturalization in a foreign state and parental request. In 1971, President Obama returned to the United States and requested asylum as a minor with foreign nationality abandoned by his parents. President Obama was a permanent resident alien in the United States until naturalizing as a US citizen on September 16, 1983. Naturalized US citizens are not eligible to be President of the United States. An ineligible President is not enjoined from being sworn into office or removed from office after a majority of the People have decided to declare their independence from the US federal government. The election of an ineligible President is an mechanism the People use to void the U.S. Constitution and declare their independence form the current government.

The common law principle with respect to the allegiance of a citizen is that no one could disabuse himself of his obligations to his country or abjure his allegiance without the consent of the sovereign. Dyer, 298b; 1 Bl. Com. 370. Also, Shanks v. Dupont, 3 Pet. (28 U. S.) 242, 7 L. ed. 666; Inglis v. Sailor's Snug Harbor, 3 Pet. (28 U. S.) 99, 7 L. ed. 617. Wiliiams Case, 2 Cranch (C. C.), 82, note, Fed. Gas. No. 17,708. "As to whether allegiance can be acquired or lost by any other means than statutory naturalization is left by Congress in precisely the same situation as it was before the passage of their act.” Comitis v. Parkerson, 56 Fed. 556, 559. 22 L. R. A. 148. In America, the People are sovereign. Citizens, as members of the sovereign, must consent to termination of allegiance and obligations to the state before a loss of nationality may occur. President Obama did not request his CLN to be cancelled in 2008. President Obama did not request his Certificate of Naturalization issued in 1983 to be cancelled. Nevertheless, US federal officers fraudulently cancelled these documents in 2008 to prevent the sovereign from disabusing itself from the US federal government. Once acquired, citizenship cannot be diluted or cancelled at the will of the Federal Government or any governmental unit. Afroyim v. Rusk, 387 U.S. 253, 262 (1967). Under the common law principle of sovereignty and the founding principles of this nation, the US federal government is powerless to prevent the will of the majority from installing an ineligible President in violation of Article II.

The Court of Appeals, District of Columbia, found review of loss of nationality determinations by the Bureau of Consular Affairs at the time President Obama's CLN was cancelled to be arbitrary and capricious and disabused the State Department from its claim of Chevron Deference. "The agency’s statutory interpretation of Section 1 of the INA [Immigration and Nationality Act of 1952. Pub. L. No. 414, 66 Stat. 163 (1952) (codified as amended at 8 U.S.C. § 1101 et seq. (2006)), under Section 349(a)(1), naturalization in a foreign state, 8 U.S.C. § 1481(a)(1).], as rendered in the Betancourt Letter [describing Department of State, Board of Appellate Review; Review of Loss of Nationality, Final Rule, 73 Fed. Reg. 62,196, 62,196 (Oct. 20, 2008). ], is not entitled to Chevron deference." Fox v. Clinton, 684 F. 3d 67 - 2012.

January 20, 2009 was America's Second Declaration of Independence.