Showing posts with label confederation. Show all posts
Showing posts with label confederation. Show all posts

Tuesday, September 1, 2015

Nullification by the People After a Usurpation of Power by the US Federal Government

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 to establish a representational form of government. The Constitution of the United States, ratified in 1789, created a federal republic that repealed and replaced the confederation of the states established after the Declaration Independence, July 4, 1776.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.

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 People 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 legislatures, and all federal and state executive branch officers are bound by oath to support the U.S. Constitution pursuant to Article VI.

The Supreme Court of the United States has opined the Constitution was established directly by the people of the United States and not by the states. Chief Justice John Jay opined, "[The people] made a Confederation of the States the basis of a general government [i.e. the Articles of Confederation]. Experience disappointed the expectations they had formed from it, and then the people, in their collective and national capacity, established the present Constitution. It is remarkable that, in establishing it, the people exercised their own rights, and their own proper sovereignty, and, conscious of the plenitude of it, they declared with becoming dignity, 'We the people of the United States, do ordain and establish this Constitution.' Here we see the people acting as sovereigns of the whole country, and, in the language of sovereignty, establishing a Constitution by which it was their will that the State governments should be bound, and to which the State Constitutions should be made to conform. Every State Constitution is a compact made by and between the citizens of a State to govern themselves in a certain manner, and the Constitution of the United States is likewise a compact made by the people of the United States to govern themselves as to general objects in a certain manner." See Chisholm v. Georgia, 2 U.S. (2 Dall.) 419 (1793).

The Supreme Court has rejected to idea that the Constitution is a compact between the States, stating, "The Constitution of the United States was ordained and established not by the States in their sovereign capacities, but emphatically, as the preamble of the Constitution declares, by 'the people of the United States.' . . . The Constitution was for a new Government, organized with new substantive powers, and not a mere supplementary charter to a Government already existing. The Confederation was a compact between States, and its structure and powers were wholly unlike those of the National Government. The Constitution was an act of the people of the United States to supersede the Confederation, and not to be ingrafted on it, as a stock through which it was to receive life and nourishment." See Martin v. Hunter's Lessee, 14 U.S. (1 Wheat.) 304 (1816).

The Constitution is binding on the States and cannot be negated by the States. The Supreme Court opined, "The government proceeds directly from the people; is 'ordained and established' in the name of the people, and is declared to be ordained, 'in order to form a more perfect union, establish justice, insure domestic tranquillity, and secure the blessings of liberty to themselves and to their posterity.' ... It required not the affirmance, and could not be negatived, by the State Governments. The Constitution, when thus adopted, was of complete obligation, and bound the State sovereignties." See McCulloch v. Maryland, 17 U.S. (4 Wheat.) 316 (1819).

In a constitutional republic, no government is sovereign. The sovereign delegates authority to the government and grants sovereign immunity to the government. The sovereign must retain its power to restrain the government the People have created to form a more perfect union. The People are the final authority on the interpretation of US law. The People are omnipotent and answer only to God. Nullification of unconstitutonal acts perpetuated by the US federal government can only be accomplished by the People at the ballot box in a national referendum.

Monday, July 6, 2015

The National Council of La Raza to Hold Annual Conference

The National Council of La Raza will convene its annual conference on July, 11 - 15, 2015 at the Kansas City Convention Center, Kansas City, MO. The NCLR Annual Conference consists of workshops addressing issues important to the Latino community, meal events with 2,000 guests, and presentations from speakers.

The NCLR Annual Conference hosts town hall meetings and workshops about issues affecting Hispanic people living in American. The National Family Latino Expo, with over 200 exhibitors, offers free health screenings, live entertainment, giveaways, and product samples from Fortune 500 companies, community organizations, and government agencies. Workshops offer participants the opportunity to earn NCLR Certificates of Professional Development in the various issue areas covered at Conference. Certifications include: Affiliate/Nonprofit Management; Community and Family Wealth-Building; Community Empowerment; Digital Business; Education; Health; The Latina Perspective; Policy; and Workforce Development.

The National Latino Family Expo and all Conference workshops and town halls are free and open to the public. You must be a registered attendee to participate in the Professional Development Certificate Program. Conference registration includes access to all meal functions, select evening events, workshops, town halls, and the National Latino Family Expo.

Sunday, May 31, 2015

President Obama Naturalized as a U.S. Citizen on September 16, 1983, Los Angeles, California

The term natural born citizen is undefined in the U.S. Constitution. Without a definition in the Constitution, the Supreme Court of the United States (SCOTUS) is not authorized to opine on its definition.

The U.S. federal government is not authorized to enlarge or abridge the rights of a US citizen with respect to citizenship. The authority delegated to the Congress and the Courts through the U.S. Constitution are coextensive. Schneider v. Rusk, 377 U.S. 163 - 1964, citing Osborn v. Bank of United States, 9 Wheat. 738, 827, 6 L.Ed. 204. And see Luria v. United States, 231 U.S. 9, 22, 34 S.Ct. 10, 13, 58 L.Ed. 101; United States v. Macintosh, 283 U.S. 605, 624, 51 S.Ct. 570, 575, 75 L.Ed. 1302; Knauer v. United States, 328 U.S. 654, 658, 66 S.Ct. 1304, 1307, 90 L.Ed. 1500. SCOTUS is not authorized to use the common law at the time of the adoption of US Constitution to enlarge or abridge the rights of a US citizen with respect to citizenship. The People are sovereign and the People have not delegated authority to SCOTUS to thwart the will of the majority at the ballot box to abolish the US Constitution through the election of an ineligible President. The Federalist, No. 78. To allow SCOTUS to opine on the common law while denying Congress or the People the opportunity to respond would make SCOTUS the sovereign and deny the People their sovereign immunity after violating Article II to abolish the US Constitution.


...

The Federalist No. 78

The Judiciary Department

Independent Journal
Saturday, June 14, 1788
[Alexander Hamilton]


excerpt of The Federalist No. 78 -

Though I trust the friends of the proposed Constitution will never concur with its enemies, in questioning that 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, yet it is not to be inferred from this principle, that the representatives of the people, whenever a momentary inclination happens to lay hold of a majority of their constituents, incompatible with the provisions in the existing Constitution, would, on that account, be justifiable in a violation of those provisions; or that the courts would be under a greater obligation to connive at infractions in this shape, than when they had proceeded wholly from the cabals of the representative body. 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.

- PUBLIUS

...

President Obama is ineligible to assume the Office of the President of the United States after naturalizing as a U.S. citizen on September 16, 1983, Los Angeles, California. One of the responsibilities of the President is to maintain the U.S. Constitution as evidence of U.S. law. The chain of custody of maintaining the evidence of law is broken after an ineligible President assumes the Office of the President of the United States. The majority of the People have voted to install an ineligible President to fundamentally change America.

In 1775, the Second Continental Congress began acting as the provisional government to run the American Revolutionary War and gain the colonies their collective independence. The provisional government appointed diplomats, issued, military commissions, adopted trade restrictions, established and maintained an army, and issued money to facilitate trade.

The first constitution for the United States was replaced by the current United States Constitution on September 13, 1788. The Articles of Confederation, formally the Articles of Confederation and Perpetual Union, was a national governing document establishing the United States of America as a confederation of sovereign states and served as its first constitution.

The final draft of the Articles of Confederation served as the de facto system of government used by the the United States in Congress Assembled until it became de jure by final ratification in 1781. The United States in Congress Assembled became the Congress of the Confederation. Under the Articles of Confederation, the states retained sovereignty over all governmental functions not specifically relinquished to the national government. The individual articles set the rules for current and future operations of the United States government. It was made capable of making war and peace, negotiating diplomatic and commercial agreements with foreign countries, and deciding disputes between the states. Article XIII stated the Union shall be perpetual.

Although the Articles of Confederation did provide for a Congress, it did not provide for a president, a judiciary or a tax base to pay debts incurred by the confederation. In 1788, the Articles of Confederation was replaced by the United States Constitution. The original five-page Articles of Confederation contained a preamble, thirteen articles, a conclusion, and a signatory section. The preamble states that the signatory states "agree to certain articles of Confederation and perpetual Union" between the 13 states.

Initially, America was governed by the Articles of Confederation. The Articles of Confederation required all states to vote for ratification of an amendment. The Founders chose to repeal and replace the Articles of Confederation with the U.S. Constitution. The U.S. Constitution has been voided by the installation of an ineligible President and must be replaced. The American people have hit the reset button.

Email svenmagnussen@conventionforamerica.com to add your name, state, and email address to our ping list. Why don't we use javascript to create a nice email entry form? Javascript is the mothers-milk of data tracking. We recommend Firefox and the NoScript add-on feature for browsing.

- Sven Magnussen
updated August 20, 2015