Tuesday, June 15, 2010

Judicial Tactics of Blocking Reports of High Corruption in Governement

Judicial Tactics Blocking Reports Of High Corruption Related To Catastrophic Events
During the period 1978 to 1982, former federal agent Rodney Stich sought to report the culture and corruption within the government's aviation safety offices that enabled to occur a long list of airline disasters. Stich filed these actions in the U.S. District Court at San Francisco, which were then dismissed without receiving the evidence.

The statutory authority requiring criminal activities to be reported to a federal court (or other federal officer), and the mandatory responsibility of any federal judge to receive the information and evidence, arises under the mandatory crime reporting requirements of Title 18 U.S.C. § 4, and the right under Title 28 U.S.C. § 1361.

Title 18 U.S.C. § 4. Misprision of felony. Whoever, having knowledge of the actual commission of a felony cognizable by a court of the United States, conceals and does not as soon as possible make known the same to some judge or other person in civil or military authority under the United States, shall be fined under this title or imprisoned not more than three years, or both.
Title 28 U.S.C. § 1361. Action to compel an officer of the United States to perform his duty. The district courts shall have original jurisdiction of any action in the nature of mandamus to compel an officer or employee of the United States or any agency thereof to perform a duty owed to the plaintiff.

Each of the filings were blocked by motions filed by Department of Justice lawyers, and then dismissed by federal judges. (Details of these lawsuits in Unfriendly Skies: 20th and 21st Centuries and Defrauding America.

Court filings in the lawsuit against the FAA, in 1974 and 1975, revealing the corruption and related deaths over a period of years.

Stich then filed petitions for writ of certiorari with the U.S. Supreme Court. That filing made the Justices of the U.S. Supreme Court aware of the crimes against the United States and the obstruction of justice tactics by federal judges over whom they had supervisory responsibilities.
Federal law requires that federal judges recognize the allegations stated in the complaint as true, in opposing dismissal. Every court filing had multiple allegations constituting federal causes of actions, in addition to reporting federal crimes.

Dennis v. Sparks 449 U.S. 24 (1980)(“For the purposes of testing sufficiency of the complaint, the allegations of the complaint must be accepted as true.”)

Last Attempt Prior to 9/11 to Report Corruption Related to OngoingCatastrophic Events
One of the bests descriptions of what followed can be found in a lawsuit filed in the federal courts at Reno, Nevada. Federal judges and Supreme Court Justices repeatedly blocked every attempt to report the criminal activities under the federal crime reporting statute (18 U.S.C. § 4). These facts are detailed in a lawsuit filed in the federal courts at Reno, Nevada. April 24, 2000. (MS Word) (Adobe PDF)

After the 9/11 hijackings occurred, made possible by the corruption that were being reported to the federal judge, Stich filed a declaration that became part of the judicial record. January 21, 2002. (MS Word) (Adobe PDF)

Despite the gravity of the facts stated and the relationship to 3,000 deaths in just the latest consequences, and in only one of the areas affected by the corruption. Judge Reed blocked the action and dismissed it. That dismissal violated the crime reporting statute that required him to receive the information, which then violated other obstruction of justice statutes. Further, the dismissal violated the federal laws that required that he provide a federal court form, provide relief, and order a halt to the violations of federally protected rights.

Continuing the pattern of federal judges blocking the reporting of the criminal activities adversely affecting national security, Judge Reed dismissed that lawsuit.

Stich then filed a timely notice of appeal with the Ninth Circuit court of appeals in San Francisco--the same court of appeal judges that had been blocking the reporting of criminal activities for many prior years. Federal appellate judges refused to allow Stich to file an appeal brief, claiming that a 1984 order permanently terminated his legal and constitutional right to federal court access. This unlawful and unconstitutional order knowingly blocked Stich from reporting the criminal activities. May 15, 2002. (MS Word) (Adobe PDF)

Dismissing Judges Named as Defendants, Immune From Consequences Of Their Criminal Acts
U.S. district judge Edward C. Reed, Jr., Reno, Nevada, signed an order (July 26, 2000) dismissing all defendant federal judges from the lawsuit holding that the "judges are absolutely immune ... even when such acts are in excess of their jurisdiction and are alleged to have been done maliciously or corruptly."

Allegations Stated in the Complaint Must be Accepted As True
The allegations in the Amended Complaint, which under law must be accepted as true at that stage of the proceedings, revealed federal judges acting in a conspiracy to undermine the laws and Constitution of the United States, aiding and abetting criminal and subversive acts by blocking their reports, and engaging in other crimes. The complaint included such charges as federal judges:

Obstructed justice by blocking the reports of criminal activities in government offices, which judges must receive as part of the mandatory administrative duties. They were guilty of obstruction of justice felonies.

Acted without personal and without subject matter jurisdiction as they rendered orders taking Stich's $10 million in assets−which had funded his investigative and exposure activities into high-level corruption in government.

Blocking the reporting of criminal activities in government which Stich--a former federal agent and his group of government agents−sought to report to a federal judge under the federal crime reporting statute, Title 18 U.S.C. Section 4. These obstruction of justice tactics violated various criminal statutes, including Title 18 U.S.C. Sections 2, 3, and 4.

Retaliated against Stich, a former federal agent and witness, for seeking to report the criminal activities in key government offices (as detailed in Unfriendly Skies, Defrauding America, and Drugging America). These are criminal acts under Title 18 U.S.C. Sections 111, 372, 1505, 1510, 1512, and 1513.

Engaged in long continuing conspiracy that violated large numbers of federal laws and constitutional protections as part of a long-continuing scheme to block the reporting of these criminal activities.

And much more, revealing a literal judicial anarchy that has become the culture in the federal courts and is subverting the protections under the laws and Constitution of the United States, converting the courts into a corrupt arm of government, and which protects criminal activities in government. The sequence of these proceedings reveals a pattern of corruption in the federal courts that includes the justices of the U.S. Supreme Court, and which is responsible for continuation of corrupt activities that have inflicted great harm upon the United States, the American people, and specific men and women.

Dismissed the defendant California judges despite their federal offenses under the Civil Rights Act, on the basis of the orders for six years without personal and without subject matter jurisdiction, that violated over 36 California statutes and rules of court, violated federal statutes, violated Supreme Court holdings, and violated numerous constitutional protections. These deliberate violations inflicted grave personal and financial harm upon Stich.

Dismissed each of the attorneys and law firms that committed acts that constitute violations of Stich's civil and constitutional rights under color of state law and under color of federal law, which invoked federal court jurisdiction under the Civil Rights Act and under the Bivens doctrine. Federal law bars the dismissal of any defendant, or the lawsuit, if the allegations state one or more federal causes of actions for which federal relief is available.

Refused to render a declaratory judgment addressing Stich's personal and property rights adjudicated and established in seven judgments, and the validity of those judgments, that had been taken by the defendant California and federal judges. This federal remedy is provided by the Declaratory Judgment Act (Title 28 U.S.C. §§ 2201, 2202) and Federal Rule of Civil Procedure 57 and falls within the mandatory duty of federal judges. Reed refused to address that issue, claiming that since he dismissed the defendant California judges there was no jurisdiction to address these matters. That legally bankrupt argument was contradicted by the fact that the naming of the judges who rendered the unlawful and unconstitutional orders taking personal and property rights established in seven judgments did not require naming the judges as defendants to have these rights declared. It was the taking of these previously adjudicated rights that served as the basis for 20 years of judicial attacks upon Stich and the basis for taking the $10 million in assets that funded Stich's exposure of government and judicial corruption.
Refused to render a declaratory judgment addressing the void orders by federal judges that seized Stich's $10 million in assets that violated legal and constitutional requirements for a notice of hearing, a hearing, and legally required cause. Supreme Court decisions hold that such orders are void and remain void forever.

Refused to render a declaratory judgment declaring the series of unlawful and unconstitutional orders as void that barred Stich for the remain of his life from access to federal courts that voided for him all rights and protections guaranteed by the laws and Constitution of the United States. These injunctive orders blocked Stich from reporting to a federal court the corrupt and criminal activities that he and his group of former government agents had discovered, and voided for Stich the due process protections in federal laws and the Constitution against the judicially inflicted personal and financial harm arising from the unlawful and unconstitutional orders continuously rendered without interruption for 20 years.

Voided Stich's rights under the Civil Rights Act and the Bivens doctrine, among other law, to get financial damages against the defendant attorneys, law firms, and California and federal judges, whose documented series of unlawful and unconstitutional acts justified damages under these federal civil rights remedies.

Continued the judicial refusal to receive information and evidence of the corrupt and criminal activities that Stich and his group of other former federal agents had sought to report to a federal court under the federal crime reporting statute, Title 18 U.S.C. § 4. This refusal to receive the evidence constitutes obstruction of justice under Title 18 U.S.C. §§ 2, 3, and 4.
Orders Stich to pay over $3300 to the State of California for naming California judges in the lawsuit. That order was a continuation of the judicial retaliation for exercising legal and constitutional due process against record-setting violations of federally protected rights. These are the judges who knowingly and repeatedly issued orders for six years without personal and without subject matter jurisdiction, who violated over 36 California statutes and rules of court, who violated federal statutes, Supreme Court decisions, and constitutional protections, causing Stich to suffer horrendous personal and financial harm that will continue until Stich dies. California attorney general Bill Lockyer aided and abetted these judicial violations and in March 2001 demand that Stich pays the $3300 to the State of California.

During the proceedings which sought to expose the corruption in the government's aviation safety offices, in the FBI, and elsewhere, terrorists hijacked four airliners on September 11, 2001. The conditions that made it easy for 19 terrorists to simultaneously hijack four airliners on 9/11 were corrupt activities in primarily the government's aviation safety offices and employees of the FBI-DOJ. Briefly described here.

Stich then filed a declaration, dated January 23, 2002, putting the judge on notice of the catastrophic consequences of what the defendants made possible, and which were further enabled by the judge's block to reporting the corrupt activities. (MS Word) (Adobe PDF)
After receiving that declaration, Judge Reed dismissed the attempts to report these matters, insuring that the same causative conditions would continue, along with the
consequences.

http://www.defraudingamerica.com/judicial_tactics_obstruct_justice.html

NorthEast Alabama Tea Party Association

NorthEast Alabama Tea Party Association Gadsden, AL. The North East Alabama Tea Party Association is a diversified group of citizens united by a deep concern for America’s future and dedicated to the task of educating ourselves, staying informed on governmental issues and sharing them with our friends and neighbors. We stand united with Americans across the country in the desire to take America back and bring our government—at every level in every state--back to fiscal responsibility, limited government, preserving individual liberties and the free market system. We believe this great nation was founded on Godly principles and that we are a Judeo-Christian nation. We stand in protest of our government’s irresponsible spending, lack of ethic reform and continual push toward socialism and we will vote out of office those officials that do not support and stand with us. Our greatest bond is belief in and defending our Constitution and God-given rights and the belief that it is our duty to stay informed and share information with our neighbors.

http://www.teapartypatriots.org/Group/NorthEast_Alabama_Tea_Party_Association

Government Corruption

Control and regulate Federal, State, and Local governments and Let free Enterprise take over.


Center for Constitutional Rights
http://ccrjustice.org/cmu-comments

Big Government Corruption
http://biggovernment.com/tag/corruption/

Rogue Government
http://www.roguegovernment.com/


All Public Officials in Local Government are required by law U.S. Constitution Art. 6, and Arizona State Constitution, Art. 6 section 26. Oath of Office.
Nomination Papers, Loyalty Oath or Oath of Office, Official Bond, Appointment, Approval by the Board of Supervisors


Wyoming sheriffs put feds in their place
February 18, 2007 by disinter

Here’s one the mainstream media isn’t going to tell you: County sheriffs in Wyoming are demanding that federal agents actually abide by the Constitution, or face arrest. Even better, a U.S. District Court agreed according to the Keene Free Press:
The court decision was the result of a suit against both the BATF and the IRS by Mattis and other members of the Wyoming Sheriff’s Association. The suit in the Wyoming federal court district sought restoration of the protections enshrined in the United States Constitution and the Wyoming Constitution.
Guess what? The District Court ruled in favor of the sheriffs. In fact, they stated, Wyoming is a sovereign state and the duly elected sheriff of a county is the highest law enforcement official within a county and has law enforcement powers exceeding that of any other state or federal official.” Go back and re-read this quote.
The court confirms and asserts that “the duly elected sheriff of a county is the highest law enforcement official within a county and has law enforcement powers EXCEEDING that of any other state OR federal official.” And you thought the 10th Amendment was dead and buried — not in Wyoming, not yet.
Bighorn County Sheriff Dave Mattis comments:
“If a sheriff doesn’t want the Feds in his county he has the constitutional right and power to keep them out, or ask them to leave, or retain them in custody.”
“I am reacting in response to the actions of federal employees who have attempted to deprive citizens of my county of their privacy, their liberty, and their property without regard to constitutional safeguards. I hope that more sheriffs all across America will join us in protecting their citizens from the illegal activities of the IRS, EPA, BATF, FBI, or any other federal agency that is operating outside the confines of constitutional law. Employees of the IRS and the EPA are no longer welcome in Bighorn County unless they intend to operate in conformance to constitutional law.”
The implications are huge:
But it gets even better. Since the judge stated that the sheriff “has law enforcement powers EXCEEDING that of any other state OR federal official,” the Wyoming sheriffs are flexing their muscles. They are demanding access to all BATF files. Why? So as to verify that the agency is not violating provisions of Wyoming law that prohibits the registration of firearms or the keeping of a registry of firearm owners. This would be wrong.
The sheriffs are also demanding that federal agencies immediately cease the seizure of private property and the impoundment of private bank accounts without regard to due process in Wyoming state courts.
This case is not just some amusing mountain melodrama. This is a BIG deal. This case is yet further evidence that the 10th Amendment is not yet totally dead, or in a complete decay in the United States. It is also significant in that it can, may, and hopefully will be interpreted to mean that “political subdivisions of a State are included within the meaning of the amendment, or that the powers exercised by a sheriff are an extension of those common law powers which the 10th Amendment explicitly reserves to the People, if they are not granted to the federal government or specifically prohibited to the States.”
It appears to me that one office where the Libertarian Party should focus it’s limited resources is County Sheriff. The change that could be made is nothing to laugh at. Meanwhile, there are still a bunch of nuts wasting valuable resources supporting those that seek offices that will never be won.
http://disinter.wordpress.com/2007/02/18/wyoming-sheriffs-put-feds-in-their-place/

Wednesday, June 9, 2010

Gratitude for liberty groups.

I Share my gratitude for groups like the TEA PARTY EXPRESS and TEA PARTY PATRIOTS.

LOCAL GRAHAM COUNTY GOVERNMENT

Public Officers who are Responible for their Actions, by failing to uphold the constitutional rights of the citizens within Graham County, AZ. These Public Officials Swore an Oath of Office every term of election, and should have been bonded having an Official Bond, received an Appointment and Approval by their superiors or appointing officers, and nomination papers, to protect you the citizens against enemies foreign and domestic.

The Mormon Mafia of Graham County:
Presiding Superior Court Judge - R. Douglas Holt
Superior Court Judge - Corey Sanders
Justice of the Peace, Precint 1 - Gary Griffith

Judge - C. Robert Pursley
Judge - Chris C. Long
Judge - Richard M. Jernigan
Judge, Pro Temp  - Irval L. Mortensen, Attorney
Current Sheriff - Preston J. Allred

County Attorney – Kenneth A. Angle
Deputy County Attorney - Leslie Auberger alias Leslie Capace

Deputy County Attorney / Prosecutor - Leslie Auberger/Capace
Deputy County Attorney / Prosecutor - Stuart G. Ross
Deputy County Attorney / Prosecutor - Allen Perkins
Public Defender - Lowell Jensen, Attorney
Public Defender - Josi J. Lopez

Board of Supervisors - Drew John
Board of Supervisors - Jim/James Palmer
Board of Supervisors - Mark Herrington
Clerk of Board of Supervisors - Terry Cooper

City Prosecutor - Matt N. Clifford,
City Magistrate Judge - Linda G. Rosales,



2010 ELECTIONS

2010 ELECTIONS

PRIMARY AND GENERAL

VOTE OUT ALL INCUMBANTS

TAKE BACK THE HOUSE AND SENATE
PATRIOTS, AND CONSTITUTIONALITS

2010 ELECTIONS

Duty And Responsibility of Public Officers

To all Sheriffs
Posted by Randy Due on May 29, 2010 at 6:31pm
http://arizonapatriotcaucus.ning.com/forum/topics/to-all-sheriffs

To all Judges
Posted by Randy Due on May 29, 2010 at 6:31pm
http://arizonapatriotcaucus.ning.com/forum/topics/to-all-judges

AMERICANS IN THE CROSSHAIRS
By Greg Evensen May 12, 2010
NewsWithViews.com

Thursday, June 3, 2010

U.S. Government Agencies

U.S. Government Agencies
· Australia - State Rail Authority of New South Wales
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· Australia Government
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· BTS National Transportation Library
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· Comptroller of the Currency
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· FAFSA on the Web - U.S. Department of Education
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· Federal Highway Administration
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· Federal Highway Administration Public Affairs
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· FoodSafety.gov - Government Food Safety Information
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· Foreign Agricultural Service
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· Foreign Per Diem Rates
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· General Accounting Office (GAO)
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· Great Lakes St. Lawrence Seaway System
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· Harmonized Tariff Schedule of the United States
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· International Trade Administration
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· Library of Congress
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· Medicare.gov
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· Mexico Institute of Transport
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· National Aeronautics and Space Administration (NASA)
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· National Cancer Institute
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· National Environmental Satellite, Data and Information Service
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· National Highway Traffic Safety Administration
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· National Institute of Standards and Technology
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· National Institutes of Health (NIH)
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· National Ocean Service
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· National Oceanic and Atmospheric Administration
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· National Security Council
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· National Technical Information Service (NTIS)
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· National Transportation Safety Board (NTSB)
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· National Weather Service
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· Nutrition.Gov
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· Occupational Safety and Health Administration (OSHA)
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· Occupational Safety and Health Administration (OSHA)
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· Office of Management and Budget (OMB)
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· Office of Marine and Aviation Operations
www.omao.noaa.gov/ - United States
· Office of Oceanic and Atmospheric Research
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· Office of the Law Revision Counsel, U.S. Code
uscode.house.gov/ - United States
· Ready.gov - U.S. Department of Homeland Security
www.ready.gov/ - United States
· Saint Lawrence Seaway Development Corporation
www.seaway.dot.gov/ - United States
· Science Advisory Board
www.sab.noaa.gov/ - United States
· SearchGov.com
www.searchgov.com/
· SEC EDGAR Database
www.sec.gov/edgarhp.htm - United States
· Section 508
www.section508.gov/ - United States
· Senate Commerce Committee
commerce.senate.gov/ - United States
· Small Business Administration (SBA)
www.sbaonline.sba.gov/ - United States
· Social Security Administration
www.ssa.gov/ - United States
· Social Security Online
www.ssa.gov/ - United States
· Statistics Canada
www.statcan.ca/ - Canada
· STAT-USA
www.stat-usa.gov/ - US Census Bureau - United States
· STAT-USA/Internet
www.stat-usa.gov/ - United States
· Strategis - Industry Canada Online
strategis.ic.gc.ca/ - Canada
· Studentjobs.gov
www.studentjobs.gov/ - United States
· Students.Gov - Student Gateway to the U.S. Government
www.students.gov/ - United States
· Surface Transportation Board
www.stb.dot.gov/ - United States
· The Federal Gateway
www.fedgate.org/
· Thomas - U.S. Congress, Legislative Information
thomas.loc.gov/ - United States
· Tourism Industries
tinet.ita.doc.gov/ - United States
· Transport Canada
www.tc.gc.ca/ - Canada
· Transportation & Infrastructure
www.house.gov/transportation/ - United States
· Transportation Research Board (TRB)
www.nas.edu/trb/ - United States
· Transportation Safety Institute
www.tsi.dot.gov/
· U.S. Air Force, AirForceLink
www.af.mil/ - United States
· U.S. Army, Army Link
www.army.mil/ - United States
· U.S. Blue Pages - Home
www.usbluepages.gov/ - United States
· U.S. Coast Guard
www.uscg.mil/ - United States
· U.S. Code of Federal Regulations
www.access.gpo.gov/nara/cfr/cfr-table-search.html
· U.S. Copyright Office
www.loc.gov/copyright/ - United States
· U.S. Customs Service
www.customs.treas.gov/ - United States
· U.S. Department of Agriculture
www.usda.gov/ - United States
· U.S. Department of Commerce
www.doc.gov/ - United States
· U.S. Department of Commerce
www.doc.gov/ - United States
· U.S. Department of Education
www.ed.gov/ - United States
· U.S. Department of Education
www.ed.gov/ - United States
· U.S. Department of Housing and Urban Development (HUD)
www.hud.gov/ - United States
· U.S. Department of Housing and Urban Development (HUD)
www.hud.gov/ - United States
· U.S. Department of Labor
www.dol.gov/ - United States
· U.S. Department of Transportation
www.dot.gov/ - United States
· U.S. Department of Transportation (DOT)
www.dot.gov/ - United States
· U.S. Energy Information Administration
www.eia.doe.gov/ - United States
· U.S. Environmental Protection Agency (EPA)
www.epa.gov/ - United States
· U.S. FDA - Center for Food Safety and Applied Nutrition
vm.cfsan.fda.gov/ - United States
· U.S. Fish and Wildlife Service
www.fws.gov/ - United States
· U.S. Geological Survey
www.usgs.gov/ - United States
· U.S. House of Representatives
www.house.gov/ - United States
· U.S. House of Representatives
www.house.gov/
· U.S. Marine Corps, MarineLINK
www.usmc.mil/ - United States
· U.S. Maritime Administration
marad.dot.gov/ - United States
· U.S. Mint
www.usmint.gov/ - United States
· U.S. Navy
www.navy.mil/ - United States
· U.S. Postal Service
www.usps.gov/ - United States
· U.S. Postal Service, Zip Code Lookup
www.usps.gov/ncsc/lookups/lookups.htm - United States
· U.S. Secret Service
www.ustreas.gov/usss/ - United States
· U.S. Securities and Exchange Commission
www.sec.gov/ - United States
· U.S. Senate
www.senate.gov/ - United States
· U.S. Senate
www.senate.gov/ - United States
· U.S. Senate, Senators
www.senate.gov/senators/index.cfm - United States
· U.S. State Department
www.state.gov/ - United States
· U.S. Treasury
www.ustreas.gov/ - United States
· United States Customs Service
www.customs.ustreas.gov/
· United States Department of Energy (DOE)
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· United States Department of Health and Human Services
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· US Senate Commerce Committee
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· USAJOBS - The Federal Government's Official Jobs Site
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· Whitehouse
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· Write Your Representative
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Saturday, May 29, 2010

STATE OF ARIZONA - LOYALTY OATH

STATE OF ARIZONA LOYALTY OATH
(§ 38-231 OFFICERS AND EMPLOYEES REQUIRED TO TAKE LOYALTY OATH; FORM; CLASSIFICATION; DEFINITION

A. In order to ensure the statewide application of this section on a uniform basis, each board, commission, agency, and independent office of this state, and of any of its political subdivisions, and of any county, city, town, municipal corporation, school district, and public educational institution, shall completely reproduce this section so that the form of written oath or affirmation required in this section contains all of the provisions of this section for use by all officers and employees of all boards, commissions, agencies and independent offices.

B. Any Officer or employee who fails to take and subscribe to the oath or affirmation provided by this section within the time limits prescribed by this section is not entitled to any compensation until the officer or employees does so take and subscribe to the form or affirmation prescribed by this section.

C. Any officer or employee having taken the form of oath or affirmation prescribed by this section, and knowingly at the time of subscribing to the oath or affirmation, or at any time thereafter during the officer's or employee's term of office or employment, does commit or aid in the commission of any act to overthrow by force, violence or terrorism as defined in section 13-2301 the government of this state or of any of its political subdivisions, or advocates the overthrow by force, violence or terrorism as defined in section 13-2301 of the government of this state or of any of its political subdivisions, is guilty of a class 4 felony and, on conviction under this section, the officer or employee is deemed discharged from the office or employment and is not entitled to any additional compensation or any other emoluments or benefits which may have been incident or appurtenant to the office or employment.

D. Any of the persons referred to in article XVIII, section 10, Constitution of Arizona, as amended, relating to the employment of aliens, are exempted from any compliance with this section.

E. In addition to any other form of oath or affirmation specifically provided by law for an officer or employee, before any officer or employee enters upon the duties of the office or employment, the officer or employee shall take and subscribe the following oath or affirmation:

State of Arizona, County of __________________ I, __________________ do solemnly swear (or affirm) that I will support the Constitution of the United States and the Constitution and laws of the State of Arizona, that I will bear true faith and
allegiance to the same, and defend them against all enemies, foreign and domestic, and that I will faithfully and impartially discharge the duties of the office of__________________________________(name of office) according to the best of my ability, so help me God (or so I do affirm).
______________________________
(Signature of officer or employee)

F. For the purposes of this section, "officer or employee" means any person elected, appointed, or employed, either on a part-time or full-time basis, by this state, or any of its political subdivisions or any county, city, town, municipal
corporation, school district, public educational institution, or any board, commission or agency of any county, city, town, municipal corporation, school district or public educational institution.

http://www.hr.arizona.edu/03_hire/forms/loyaltyoath.pdf

Treason by Public Officials

Declaration of Independence - 1776
Articles of Confederation - 1777
The Constitution for the United States, Its Sources and Its Application
Our Enemy, The State
It Is Our Choice Who We Will Serve!
Who is Running America?


A Special Report on the National Emergency in the United States of America

Treason by Public Officials

(TO ALL WHO READ THIS: Submit this page URL to all your Congressional Candidates running for office in 2010.)

Based upon the following research and upon researching the plethora of laws on the books today, it is obvious that many current laws and in some cases, the laws they were based on are blatantly unconstitutional. I make no interpretations myself but let the founding documents speak for themselves with highlighting and underlining done for the sake of clarity.

The following excerpts from founding documents will clearly show:

1. The Constitution of the United States is the "Supreme Law of the Land" and any law that strays outside the boundaries enumerated in it are undeniably unconstitutional.

2. The undisputable fact that acts passed by Congress or by State legislatures which do not conform to the Constitution of the United States have been found by the Supreme Court to be "null and void and have no effect".

3. The enactment of unconstitutional laws by legislators clearly violated their Oath to "support and defend the Constitution of the United States".

4. The violation of this Oath by an elected official/public officer must therefore be construed as a "Treasonable Act."


It is important to note that the wording of Article 3 Section 3 of the Constitution regarding the definition of treason has been an area of debate as to its interpretation and implementation in law as mentioned below. Whether legislators who pass unconstitutional acts are committing the crime of treason or, just "treasonous acts" where they may be charged with lesser offenses is the question at hand.

[Note: At the end of this document are put forth possibilities for a solution and we would welcome comments or suggestions.]

First, the Constitutional requirements for an Oath supporting the Constitution:


Article 2, Sec 1 "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, reserve, protect and defend the Constitution of the United States."

Article 6. "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."


Second, the areas of the Constitution regarding treason:


Article 1, 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."

Article 2, 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 3, 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 4, Section 2. "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."


Definitions of Treason:


Tucker’s Blackstone Vol. 1 Appendix Note B [Section 3] 1803 – "If in a limited government the public functionaries exceed the limits which the constitution prescribes to their powers, every such act is an act of usurpation in the government, and, as such, treason against the sovereignty of the people."

Bouvier’s Law Dictionary 1856- TREASON, crim. law. "This word imports a betraying, treachery, or breach of allegiance. 4 Bl. Com. 75."

Black’s Law 6th Edition – "A breach of allegiance to one’s government, usually committed through levying of war against such government or by giving aid or comfort to the enemy."

[Note: The word, "usually" above is obviously used due to the fact that the current interpretation being used in U.S. jurisprudence does not coincide with traditional definitions, it excludes other specie of treason such as "constructive treason", traitorous conspiracies and insurrections meant to alter the established law, or to render it ineffectual. All of which are mentioned in the founding documents below.]


I. Research regarding Treason and treasonous acts.


Tucker’s Blackstone Volume 1 — Appendix Note D [Section 3 — Structure and organization of the federal government]


I. The powers exclusively granted to the federal government.
Of these,


1. The legislative: or those vested in congress; that body being empowered,

2. To borrow money on the credit of the United States.


1. To regulate commerce
1. With foreign nations;
2. Among the several states; and
3. With the Indian tribes.
[The commerce between the individuals of the same state being reserved to the state governments.]

3. To coin money, regulate the value thereof, and the value of foreign coin.

4. To fix the standard of weights and measures.
These last powers seem to be a necessary appendage to that of regulating commerce.

5. To provide for the punishment of counterfeiting the securities and current coin of the United States.

6. To constitute tribunals, under the federal government, inferior to the supreme court

7. To define and punish,


1. Piracies;
2. Felonies on the high seas;
3. Offences against the law of nations.

8. And to declare the punishment of treason against the United States. [i.e. Treason against the Sovereignty of the People.]

9. To declare war; grant letters of marque and reprisal; and make rules concerning captures on land and water.

10. To provide and maintain a navy, [in time of peace.]

11. To make rules for the regulation and government of the land and naval forces.

12. To raise and support armies, [in time of peace.]


In America the Senate are not a distinct order of individuals, but the second branch of the national legislature, taken collectively. They have no privileges, but such as are common to the members of the house of representatives, and of the several state legislatures: We have seen that these privileges extend only to an exemption from personal arrests, in certain cases, and that it is utterly lost, in cases of treason, felony, or breach of the peace.



Commentaries on American Law – James Kent Vol 1. LECTURE XII. [OF JUDICIAL CONSTRUCTIONS OF THE POWERS OF CONGRESS.]


The majority do not go further into the expediency of the measure than to show that it was not improper under the circumstances, but devote themselves more to showing that it was not inconsistent with the spirit of the Constitution and to overthrowing the argument stated above.

Mr. Justice Strong suggests, as an answer, that the grant of power to punish counterfeiting, treason, &c., has been held not to exclude an implied power to make other offences punishable (citing United States v. Marigold, 9 How. 560). See also United States v. Dewitt, 9 Wall. 41, 44, post, 439, n. 1.


Tucker’s Blackstone Volume 1 — Appendix Note B [Section 3 — Of the several forms of government]


If the constitution be founded upon the previous act of the people (the creation of the U.S. Constitution), the government is limited. If it have any other foundation, it is merely constructive, and the government arrogates to itself the sole right of making such a construction of it, as may suit with its own views, designs, and interests: and when this right can be successfully exercised, the government becomes absolute and despotic. In like manner, if in a limited government the public functionaries exceed the limits which the constitution prescribes to their powers, every such act is an act of usurpation in the government, and, as such, TREASON against the sovereignty of the people, which is thus endeavored to be subverted, and transferred to the usurpers.

Inseparably connected with this distinction between limited and unlimited governments, is the responsibility of the public functionaries, and the want of such responsibility. Every delegated authority implies a trust; responsibility follows as the shadow does its substance. But where there is no responsibility, authority is no longer a trust, but an act of usurpation. And every act of usurpation is either an act of TREASON, or an act of WARFARE.

In case of treason … the power of pardon is taken away from the governor by the act of 1794, c. 168, [66] nor can the executive now remit any fine or amercement assessed by a jury, or imposed by any court of record, court martial, or other power or authority authorized to assess or impose the same. [67]

If he (the executive) concurs in an unconstitutional act, he is guilty of usurpation, and contempt of the sovereign authority, which has forbidden him to pass the bounds prescribed by the constitution. He has violated his oath, and the most sacred of all duties. To omit him at the next election is not an adequate punishment for such a crime. Abuse of power is despotism, and the democracy that does not guard against it, is defective. If in any department of government, a man may abuse, or exceed his powers, without fear of punishment, the right of one man is at the mercy of another, and freedom in such a government, has no existence.

It is indispensably necessary to the very existence of this species of democracy, that there be a perfect equality of rights among the citizens: the unqualified use of the term equality has furnished the enemies of democracy with a pretext to charge it with the most destructive principles. By equality, in a democracy, is to be understood, equality of civil rights, and not of condition. Equality of rights necessarily produces inequality of possessions; because, by the laws of nature and of equality, every man has a right to use his faculties, in an honest way, and the fruits of his labour, thus acquired, are his own. But, some men have more strength than others; some more health; some more industry; and some more skill and ingenuity, than others; and according to these, and other circumstances the products of their labour must be various, and their property must become unequal. The rights of property must be sacred, and must be protected; otherwise there could be no exertion of either ingenuity or industry, and consequently nothing but extreme poverty, misery, and brutal ignorance.

In this species of democracy, it is further indispensably necessary to its preservation, that the constitution be fixed, that the duties of the public functionaries be defined, and limited, both as to their objects, and their duration; and that they should be at all times responsible to the people for their conduct. The constitution, being the act of the people, and the compact, according to which they have agreed with each other, that the government which they have established shall be administered, is a law to the government, and a sacred reverence, for it is an indispensable requisite in the character and conduct of every public agent. A profound obedience to the laws, and due submission to the magistrate entrusted with their execution, is equally indispensable on the part of every citizen of the commonwealth, in order to preserve the principles of this government from corruption. Neglect of the principles of the constitution by the public functionary is a substitution of aristocracy for a representative democracy: such a person no longer regards himself as the trustee, and agent of the people, but as a ruler whose authority is independent of the people, to whom he holds himself in no manner accountable; and he so degenerates into an usurper and a tyrant.

Thus while a democracy may be pronounced to be the only legitimate government, and that form of government, alone, which is compatible with the freedom of the nation, and the happiness of the individual, we may perceive that it is on every side surrounded by enemies, ready to sap the foundation, convulse the frame, and totally destroy the fabric. In such a government a sacred veneration for the principles of the constitution, a perfect obedience to the laws, an unremitting vigilance on the part of the people over the conduct of their agents, and the strictest attention to the morals and principles of such as they elect into every office, legislative, executive, or judiciary, seem indispensably necessary to constitute, and to preserve a sufficient barrier against its numerous foes.


Tucker’s Blackstone Volume 1 — Appendix Note D [Section 10 — Powers of Congress (cont.)]


13. Congress have power to declare the punishment of treason, against the United States; but no attainder of treason shall work corruption of blood, or forfeiture, except during the life of the person attainted. C. U. S. Art. 3. Sec. 3. The act of 1 Cong. 2 Sess. c. 9. accordingly declares, that the punishment shall be death, by hanging; and that no conviction or judgment for treason, shall work any forfeiture of estate.

The constitution itself declares, that treason against the United States shall consist only in levying war against them, or in adhering to their enemies, giving them aid and comfort: and that 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 precise definition of treason, and the limitation of it to two cases, only, both of which are clearly and explicitly described, at once evince the prudence, caution, and wisdom, of the framers of the constitution, by shutting the door (as far as human prudence, and human foresight, could provide the means of doing so), against all possible cases of constructive treason.

The abolition of forfeiture, and of the corruption of blood, in cases of treason, is moreover a happy expedient for lessening the incentives, to prosecutions for treason, in corrupt governments.


Tucker’s Blackstone Volume 1 — Appendix Note D [Section 15 - Executive Powers (cont.)]


31. The privileges both of the federal and state legislature, so far at least as respects the members, appear to be few and definite. "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. Constitution U. S. Art. 1. §. 6. V. L. 1705, c. 1. §. 13. Edi. 1769 .... 1785, c. 55. Edi. 1794, c. 17. 1798,c. 11.

The president of the United States may be removed from office on impeachment for, and conviction of treason, bribery, or other high crimes and misdemeanors: and the chief justice of the United States shall preside at his trial. Constitution U. S. Art. 2, Sec. 4., Art. 1, Sec. 3.


Tucker’s Blackstone Volume II Chapter 2 Section 1


12. It is otherwise in the United States; the president is the chief magistrate, but he is not the sole magistrate of the nation. He may nominate, but he cannot make a permanent appointment, to office (except in some particular instances) without the concurrence of the senate. Many of those who are nominated and commissioned are not responsible to him, or removable by him; but are responsible only to the people, and to the law, and removable only upon impeachment by their representatives, and upon conviction of treason, bribery, or other high crimes and misdemeanors. Constitution U. S. Art. 2, 3.

United States v. Burr - 25 Fed. Cas. 55, no. 14,693 C.C.D.Va. 1807

Marshall, Chief Justice, delivered the opinion of the court as follows (regarding what constituted treason under the U.S. Constitution):


But the term is not for the first time applied to treason by the constitution of the United States. It is a technical term. It is used in a very old statute of that country whose language is our language, and whose laws form the substratum of our laws. It is scarcely conceivable that the term was not employed by the framers of our constitution in the sense which had been affixed to it by those from whom we borrowed it. So far as the meaning of any terms, particularly terms of art, is completely ascertained, those by whom they are employed must be considered as employing them in that ascertained meaning, unless the contrary be proved by the context. It is, therefore, reasonable to suppose, unless it be incompatible with other expressions of the constitution, that the term … is used in that instrument in the same sense in which it was understood in England, and in this country, to have been used in the statute of the 25th of Edw. III. from which it was borrowed.

It is said that this meaning is to be collected only from adjudged cases. But this position cannot be conceded to the extent in which it is laid down. The superior authority of adjudged cases will never be controverted. But those celebrated elementary writers who have stated the principles of the law, whose statements have received the common approbation of legal men, are not to be disregarded. Principles laid down by such writers as Coke, Hale, Foster, and Blackstone, are not lightly to be rejected.

It is not deemed necessary to trace the doctrine, that in treason all are principals, to its source. Its origin is most probably stated correctly by Judge Tucker in a work, the merit of which is with pleasure acknowledged. (regarding whether it was necessary for someone to have weapons or implements of war to constitute treason) …If the party be in a condition to execute the purposed treason without the usual implements of war, I can perceive no reason for requiring those implements in order to constitute the crime.


United States v. Hoxie - 26 Fed. Cas. 397, no. 15,407 C.C.D.Vt. 1808


Treason, not only holds a conspicuous, and generally the first place in every catalogue of crimes, but is almost universally punished with death. Government is so high a blessing, and its preservation and support are so essential to the welfare of every member of the body politic, that to attempt its subversion, has ever been regarded a most aggravated offence.

James Wilson, Of Crimes Immediately against the Community, Lectures on Law - 1791 Works 2:663--69.


Treason is unquestionably a crime most dangerous to the society, and most repugnant to the first principles of the social compact. … the famous statute of treasons was made in the reign of Edward the third, on the application of the lords and commons. This statute has been in England, except during times remarkably tyrannical or turbulent, the governing rule with regard to treasons ever since. Like a rock, strong by nature, and fortified, as successive occasions required, by the able and the honest assistance of art, it has been impregnable by all the rude and boisterous assaults, which have been made upon it, at different quarters, by ministers and by judges; and as an object of national security, as well as of national pride, it may well be styled the legal Gibraltar of England.

The great and the good Lord Hale observes upon this clause, "the great wisdom and care of the parliament, to keep judges within the bounds and express limits of this statute, and not to suffer them to run out, upon their own opinions, into constructive treasons, though in cases which seem to have a parity of reason"--cases of like treason--"but reserves them to the decision of parliament. This," he justly says, "is a great security as well as direction to judges; and a great safeguard even to this sacred act itself."

It is so. And it was all the safeguard which the parliament, by the constitution, as it is called, of England, could give. It was a safeguard from the arbitrary constructions of courts: it was a shelter from judicial storms: but it was no security against legislative tempests.


In this manner, the citizens of the Union are secured effectually from even legislative tyranny: and in this instance, as in many others, the happiest and most approved example of other times has not only been imitated, but excelled. This single sentence comprehends our whole [law] of national treason; and, as I mentioned before, is transcribed from a part of the statute of Edward the third.



--------------------------------------------------------------------------------


"Treason consists in levying war against the United States."

In order to understand this proposition accurately and in all its parts, it may be necessary to give a full and precise answer to all the following questions.


What is meant by the expression "levying war?"
By whom may the war be levied?
Against whom must it be levied?

I begin with the second -- by whom may the war spoken of be levied? It is such a war as constitutes treason. The answer then is this: the war must be levied by those who, while they levy it, are at the same time guilty of treason. This throws us back necessarily upon another question -- who may commit treason against the United States? To this the answer is -- those who owe obedience to their authority. But still another question rises before us -- who are they that owe obedience to that authority? I answer -- those who receive protection from it.

In the United States, the authority of the nation is the sole object on one side. An object strictly corresponding to that, should be the only one required on the other side. The object strictly corresponding to authority is, obedience to that authority. I speak, therefore, with propriety and accuracy unexceptional, when I say, that those who owe obedience to the authority, are such as receive the protection, of the United States.

I now proceed to another question -- what is meant by the expression "levying war?" From what has been said in answer to the former question, an answer to this is so far prepared as to inform us, that the term war cannot, in this place, mean such a one as is carried on between independent powers. The parties on one side are those who owe obedience. All the curious and extensive learning, therefore, concerning the laws of war as carried on between separate nations, must be thrown out of this question. This is such a war as is levied by those who owe obedience -- by citizens; and therefore must be such a war, as, in the nature of things, citizens can levy.

But this question will receive a farther illustration from the answer to the third question; because the fact of levying war is often evinced more clearly from the purpose for which, than from the manner in which, the parties assemble. I therefore proceed to examine the last question -- against whom must the war be levied? It must be levied against the United States. [i.e., against the Sovereignty of the People.]

Insurrections in order to -- alter the established law, or to render it ineffectual -- insurrections to accomplish these ends, by executive, legislative or judicial acts, or by numbers and an open and armed force, are a levying of war against the United States.

In England, the punishment of treason is terrible indeed. The criminal is drawn to the gallows, and is not suffered to walk or be carried; though usually a hurdle [a frame or sledge on which condemned persons are dragged to execution] is allowed to preserve him from the torment of being dragged on the ground. He is hanged by the neck, and is then cut down alive. His entrails are taken out and burned, while he is yet alive. His head is cut off. His body is divided into four parts. His head and quarters are at the disposal of the king.


Joseph Story, Commentaries on the Constitution 3:§§ 1292, 1294--96, 1791--94, 1796 – 1833


§ 1792. Nor have republics been exempt from violence and tyranny of a similar character. The Federalist has justly remarked, that newfangled, and artificial treasons have been the great engines, by which violent factions, the natural offspring of free governments, have usually wreaked their alternate malignity on each other.

§ 1793. It was under the influence of these admonitions furnished by history and human experience, that the convention deemed it necessary to interpose an impassable barrier against arbitrary constructions, either by the courts, or by congress, upon the crime of treason.


II. Research regarding the Oath to preserve, protect and defend the Constitution of the United States


Tucker’s Blackstone Volume II Chapter 2 Section 2 (Precedent to Oath)


2. By the act of May, 1777, c. 3, all free male inhabitants of the state, above sixteen years, were required to give assurance of allegiance to the state; which consisted in taking the following oath

".... I do swear [or affirm], that I renounce and refuse all allegiance to George the third, king of Great Britain, his heirs and successors, and that I will be faithful and bear true allegiance to the commonwealth of Virginia, as a free and independent state, and that I will not at any time do, or cause to be done any matter or thing that will be prejudicial to the freedom and independence thereof as declared by congress; and also that I will discover and make known to some one justice of the peace for the said state, all treasons, or traitorous conspiracies which I now or hereafter shall know to be formed against this or any of the United States of America."

This oath was to be tendered by the justices of the peace to all persons required to take it, and all such as refused were to be disarmed. But this act seems to have been merely temporary. The title only is retained. Edi. 1785, p. 50.

From Jefferson's Opinion on the Constitutionality of a National Bank, 1791 "…I consider the foundation of the Constitution as laid on this ground: That 'all powers not delegated to the United States, by the Constitution, nor prohibited by it to the States, are reserved to the States or to the people.' [10th amendment.] To take a single step beyond the boundaries thus specially drawn around the powers of Congress, is to take possession of a boundless field of power, no longer susceptible of any definition." [except to be defined as TREASON.]


Tucker’s Blackstone Volume I Chapter 10 Section 2 (Regarding the Oath)


The members of the several state legislatures, and all executive and judicial officers, both of the United States and of the several states, and all members of congress shall be bound by oath or affirmation to support the constitution of the United States. Constitution U. S. Art. 6, which oath must be taken by all persons, chosen or appointed after the first day of August, 1789, before they proceed to execute the duties of their office. Laws. U. S. 1 Cong. 1 Sess. c. I.

The formal profession, therefore, or oath of subjection, is nothing more than a declaration in words of what was before implied in law. Which occasions Sir Edward Coke very justly to observe, that "all subjects are equally bounden to their allegiance, as if they had taken the oath; because it is written by the finger of the law in their hearts, and the taking of the corporal oath is but an outward declaration of the same."

The sanction of an oath, it is true, in case of violation of duty, makes the guilt still more accumulated, by the superaddition of perjury to treason: but it does not increase the civil obligation to loyalty; it only strengthens the social tie by uniting it with that of religion.


Tucker’s Blackstone Volume I Chapter 1 (As the Oath applies to the judiciary…)


But here a very natural, and very material, question arises: how are these customs or maxims to be known, and by whom is their validity to be determined? The answer is, by the judges in the several courts of justice. They are the depositaries of the laws; the living oracles, who must decide in all cases of doubt, and who are bound by an oath to decide according to the supreme law of the land, the U.S. Constitution.

Now this is a positive law, fixed and established by custom, which custom is evidenced by judicial decisions; and therefore can never be departed from by any modern judge without a breach of his oath and the law. For herein there is nothing repugnant to natural justice; [19]…


Tucker’s Blackstone Vol I – Appendix A


"This constitution" is "the supreme law of the land." This supreme law "all judicial officers of the United States are bound, by oath or affirmation, to support."

[91] 20. "… in America, the Constitutions, both of the individual States, and of the federal Government, being the acts of the people, and not of the Government, and the powers of Government being by those Constitutions, respectively, distributed into three distinct, and coordinate, branches; viz: the legislature, the executive, and the judiciary; all which are equally bound by Duty to their Constituents, the people; and by Oath, also, to support the Constitution; it follows, as has been already shewn [Appendix, Note A.] that the legislature can possess, no power, or obligation over the other Branches of Government, in any case, where the principles of the Constitution, may be in any degree infringed by an acquiescence under the authority of the legislative department. The examples supposed, and the authority cited in that note, sufficiently evince the Justice of the position here contended for; and will warrant us in extending the rule here laid down by the learned commentator, by adding thereto, That all acts of the Congress of the United States, impairing, infringing or violating the principles of the federal Constitution; and all acts of the legislature of this Commonwealth, which violate, infringe or impair the same, or any law of the United States made pursuant to the powers granted to the Congress by the federal Constitution, or any Treaty made under the authority of the United States, or the Bill of Rights, and Constitution of this Commonwealth, are not binding upon any other branch of the federal or State-government: and any Citizen of the Commonwealth, who may be aggrieved by any such unconstitutional Act, hath an undoubted right to redress, by application to the judicial Courts of the State, or of the United States according to the nature of the case.

"The constitution and its laws," as Vattel justly observes, "are the basis of the public tranquility, the firmest support of the public authority, and pledge of the liberty of the citizens. But this Constitution is a vain phantom, and the best Laws are useless, if they are not religiously observed. The nation ought then to watch very attentively, in order to render them equally respected by those who govern, and by the people destined to obey. To attack the Constitution of the State, and to violate its laws is a capital crime against the society, and if those guilty of it are invested with authority, they add to this crime a perfidious abuse of the power with which they are entrusted. The nation ought constantly to suppress these abuses, with its utmost vigor, and vigilance, as the importance of the case requires."

"It is very uncommon to see the Laws and Constitution of the State, openly and boldly opposed; it is against silent and slow attacks that a nation ought to be particularly on its guard." Vattel's Law of Nations, Book 1, Ch 3, Sect 30 [See also, The Federalist; vol: 2, no: 78]


Tucker’s Blackstone Commentaries 1:App. 151--53, 378--79, 412--13, 416--17, 418--26, 428--33; 5:App. 3—10


The people are not only not bound by them, but the several departments and officers of the governments, both federal, and state, are bound by oath to oppose them; for, being bound by oath to support the constitution, they must violate that oath, whenever they give their sanction, by obedience, or otherwise, to any unconstitutional act of any department of the government.

1 Hayw. 28 N.C. 1794


The judges of the land are a branch of the government, and are to administer the constitutional laws, not such as are repugnant to the Constitution. It is their duty to resist an unconstitutional act. In fact, such an act made by the General Assembly, who are deputed only to make laws in conformity to the Constitution, and within the limits it prescribes, is not any law at all. Whenever the Assembly exceeds the limits of the Constitution, they act without authority, and then their acts are no more binding than the acts of any other assembled body.

But what end is an equivalent for a precedent so dangerous as that where the Constitution is disregarded by the Legislature, and that disregard sanctioned by the judiciary? Where, then, is the safety of the people, or the freedom which the Constitution meant to secure?

One precedent begets another, one breach will quickly be succeeded by another, and thus the giving way in the first instance to what seems to be a case of public convenience in fact prepares the way for the total overthrow of the Constitution--the surest palladium of our rights… "No man is to be deprived of his property or rights, but according to the law of the land, or the common law."


I would like to suggest the following possibilities of a solution for comment:

I would suggest that, in order to correct the problem in a manner that would be amenable to the general populace and Congress, there would need to be two separate amendments to the Constitution and an Act passed as follows:


1. Amend the Constitutional Article 3, Section 3 currently:


"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."

Amended to:


"Treason against the United States, shall consist in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort, committing constructive treason, involvement in traitorous conspiracies or insurrections, or performing acts meant to alter the Supreme Law, or, through either their actions to render the Supreme Law ineffectual. 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."

[Note: As current and past legislators could not be convicted of this violation due to the "Ex Post Facto" clause, they would simply be forced to adhere to the Constitution from the point of ratification forward. Also, as Congress is already given the right to dictate punishment for treason, it would not necessarily require capital punishment, as was traditionally the case. The general public, who almost unanimously will agree to adherence to the Constitution would favor its passage.]


2. Amend the Constitutional Article 6, currently:


"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, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding…"

Amended, adding the following declarative clause:


"All Amendments to this Constitution, and the Laws of the United States, prior to their passage shall require proofs of Constitutional Authority and that they violate no rights, either inalienable or those enumerated in the Bill of Rights. These proofs must be performed by a Council of Constitutionality in the House."

[Note: As "committees" are a standard procedure in the Congress, this should not be an issue.]


3. An Act should be created that would mandate to Congress that they review all prior Acts and Resolutions passed by Congress for Constitutionality and adding the required proofs of Constitutional Authority and assuring that it violated no rights, either inalienable or those enumerated in the Bill of Rights or, if the Act or Law will not pass these requirements, to be declared null and void. This should be performed in a reasonable timeframe of 5 years.

TRUAX v. CORRIGAN 257 U.S. 312 (1921) -- NO MAN IS ABOVE THE LAW

The real strengths of these Amendments and Act would be threefold:


1. It would enforce the Constitutionality of Acts as the founders clearly intended from the point of ratification forward.

2. It would either correct or remove unconstitutional Acts, which could easily be rationalized as "improper" or "misinterpretation" by earlier legislators and leaving the current legislators free from political suicide.

3. The members of the committee, being from multiple parties and now obliged under the threat of treason to follow their oath, would necessarily be more likely to follow a strict interpretation of the Constitution.


In addition to the above, the Original 13th Article of Amendment, Titles of Nobility and Honours, Ratified Mar 12, 1819 and appearing in the official law codes until 1876, being "disappeared" during "Reconstruction" after the War Between The States be re-instated and be adhered to, this article in itself placing a barrier in the path of corrupt politicians.


Article 13 - "If any citizen of the United States shall accept, claim, receive, or retain any title of nobility or honour, or shall without the consent of Congress, accept and retain any present, pension, office, or emolument of any kind whatever, from any emperor, king, prince, or foreign power, such person shall cease to be a citizen of the United States, and shall be incapable of holding any office of trust or profit under them, or either of them."



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If all of the above should fail to maintain Adherance to Strict Constitutionality and eliminate Political Corruption, there is always this solution.... although I am in doubt that we will have enough rope....



http://www.barefootsworld.net/treason_by_public_officials.html