Mr. Wagner: Being an oathkeeper and having read your recent (January 18, 2015) article in the Times News, I proffer the following for your review. I am in total agreement with having civics courses for all in school, even from the earlier years of educating our youth, as it is a most necessary ingredient to restore and retain our un-a-lien-able rights granted us by the Creator. We do not have, nor have we ever had, constitutional rights. We, as a people, created the constitution which is a contract that was put into place to affirm our rights and to place chains on all of our so-called public servants, to limit their terms in office and to ensure they are prevented from abrogating these same rights. Further, and while it is important to know how many amendments accompany the constitution, to know to what or to whom one is pledging oneself, it is even more imperative that those same students and possible oathtakers understand the constitution. As I stated before, I hear many speak of their constitutional rights when they have none. I repeat, the creator is not subject to the creation. As a reference to what I state, and as many proclaimed constitutional scholars miss, I submit the below “8 points” for your own and others edification realizing that the possibility may exist that you already know the same and if this indeed be the case, you have my humble apology. However, if you are aware of the below it is most urgent that it be published as our country now faces a clear and present danger and much of it due to the lack of understanding and lack of enforcement of the document that brought us a Republic which has all but been abandoned to corporate interests. Does not our Pledge of Allegiance that you alluded to in your article boldly state, …and to the Republic for which it stands… As Benjamin Franklin stated when asked “What have you given us, sir” to which Mr. Franklin replied, “A republic ma’am, if you can keep it.” Thus, Mr. Wagner, it is with much urgency and attention that I ask of you to examine the following “8 points” and give consideration to printing what is offered. Additionally, when reading the “8 points” one should pay close attention to “terms” as “terms” identify what is being referred to and to whom it applies. 8 Points to Complete and Total Understanding of the Constitution 1 – Authority of the U.S. Constitution: Article 6.2: “…shall be the supreme Law of the Land…” 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. Lines of Authority: 1st) – Constitution, 2nd) – Laws of the United States, 3rd) – Treaties By Who’s Authority: “…under the Authority of the United States…” Who is The Principal: The United States Congress assembled. Verification: Barron v. Mayor & City Council of Baltimore, 32 U.S. 7 Pet. 243 243 (1833) 2 – What is the U.S. Constitution: A Contract/a negotiable instrument. 3 – Who is Bound to the Contract known as the U.S. Constitution: ALL Who have Sworn an Oath to support said Constitution. 4 – Where – Jurisdiction there of: (74 most powerful words of the U.S. Constitution): A) - Article 1.8§17: “To exercise exclusive Legislation in all Cases whatsoever, (1st) over such District (not exceeding ten Miles square) as may, by Cession of particular States, and the Acceptance of Congress, become the Seat of the Government of the United States, and (2nd) to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be…” B) - Article 4.3§2: “The Congress shall have Power to dispose of and make all needful Rules and Regulations respecting the Territory or other Property belonging to the United States; C) - Pursuant to the United States Congress: Title 18 United States Code §7.3: “Special Maritime and Territorial Jurisdiction on the United States DEFINED.” 5 – Who is the Authority of the U.S. Constitution: A) - Article 1.8§17: “The Congress shall have Power…” B) - Article 4.3§2: “The Congress shall have Power…” 6 – What is the Authority: A) - Article 1.8§17: “To exercise exclusive Legislation in all Cases whatsoever…” B) - Article 4.3§2: “The Congress shall have Power to dispose of and make all needful Rules and Regulations…” 7 – To Whom Does the U.S. Constitution Apply: A) - Article 1.8§17 and Article 4.3§2: All people employed by the United States Congress: officers, employees and elected officials of the United States government’s agencies and those who volunteer: B) Article 5.2: “…and the Judges in every State shall be bound thereby…” C) – Two Types of Citizens Identified: Article 2.1§5: “No Person except (1) a natural born Citizen, or (2) a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President… Verification: Barron v. Mayor & City Council of Baltimore, 32 U.S. 7 Pet. 243 243 (1833): excerpt: “The question thus presented is, we think, of great importance, but not of much difficulty. The Constitution was ordained and established by the people of the United States for themselves, for their own government, and not for the government of the individual States. Each State established a constitution for itself, and in that constitution provided such limitations and restrictions on the powers of its particular government as its judgment dictated. … If these propositions be correct, the fifth amendment must be understood as restraining the power of the General Government, not as applicable to the States. In their several Constitutions, they have imposed such RESTRICTIONS ON THEIR RESPECTIVE GOVERNMENTS (Page 32 U. S. 248)… We are of opinion that the provision in the Fifth Amendment to the Constitution declaring that private property shall not be taken for public use without just compensation is intended solely as a limitation on the exercise of power by the Government of the United States (Page 32 U. S. 251), and is not applicable to the legislation of the States. … We are therefore of opinion that there is no repugnancy between the several acts of the general assembly of Maryland, given in evidence by the defendants at the trial of this cause, in the court of that State, and the Constitution of the United States. This court, therefore, has no jurisdiction of the cause, and it is dismissed.” C) – Preamble of the Bill of Rights: To Whom Apply: The Government: officers, employees and elected officials: excerpt: “The Conventions of a number of the States, having at the time of their adopting the Constitution, expressed a desire, IN ORDER TO PREVENT MISCONSTRUCTION OR ABUSE of its powers, that further declaratory and restrictive clauses should be added: And as extending the ground of public confidence in the Government, will best ensure the beneficent ends of its institution.” -- Bell v. Hood, 71 F. Supp., 813, 816 (1947): History is clear that the first ten amendments to the Constitution were adopted to secure certain common law rights of the people, against invasion by the Federal Government. Verification: South Carolina v. United States, 199 U.S. 437, 448 (1905): The Constitution is a written instrument. As such, its meaning does not alter. That which it meant when it was adopted, it means now. 8 – Penalty for Actions Repugnant to the U.S. Constitution: Bill Of Rights: Article 14.3: “No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.” Who: 1) a Senator or Representative in Congress, or 2) a elector of President and Vice-President, or 3) hold any office, civil or military, under the United States, who, having previously taken an oath, as a member of Congress, or 4) hold any office, civil or military, under any State, who, having previously taken an oath, as a member of Congress, or 5) as an officer of the United States, or as a member of any State legislature, or 6) as an executive of any State or 7) judicial officer of any State. What is the Contract that binds/bonds: oath to support the Constitution of the United States. Repugnant Actions: 1) shall have engaged in insurrection or rebellion against the same (the U.S. Constitution), or 2) given aid or comfort to the enemies thereof. Article 3.3 U.S. Constitution: “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.” Repugnant Actions: 1) levying War against them (U.S. Constitution) 2) adhering to their Enemies, 3) giving them Aid and Comfort Repugnant Actions including however not limited to: 1) Bill of Attainder - Article 1.9§3 2) No State shall enter into any Treaty, Alliance, or Confederation; grant Letters of Marque and Reprisal; coin Money; emit Bills of Credit; make any Thing but gold and silver Coin a Tender in Payment of Debts; pass any Bill of Attainder…” Article 1.10§1 Verification: Marbury v. Madison, 1803: Speaking: Chief Justice John Marshall: “A law repugnant to the Constitution is void.” Almeida-Sanchez v. United States, 413 US 266, 37 L Ed @nd 2d 596, 93 Ct. 2535 (1973): “… No Act of Congress can authorize a violation of the Constitution.” Who Retains the Ultimate Authority: 9th Amendment: “The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.” 10th Amendment: “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.” Where Does the Power of the fore mentioned People Derive: 1776 Declaration of Independence being: 1) the 1st published document of the American People and 2) the 1st Organic Law of the United States of America: “We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.” Verifications: some of the 130 court cases: United States v. Bevans: 16 U.S. (3 Wheat.) 336 (1818): In the United States of America, there are two (2) separated and distinct jurisdictions, such being the jurisdiction of the states within their own state boundaries, and the other being federal jurisdiction (United States), which is limited to the District of Columbia, the U.S. Territories, and federal enclaves within the states, under Article I, Section 8, Clause 17. Caha v. United States: 152 U.S. 211, 215, 14 S.Ct. 513 (1894): The laws of Congress in respect to those matters do not extend into the territorial limits of the states, but have force only in the District of Columbia, and other places that are within the exclusive jurisdiction of the national government. Foley Brothers v. Filardo: 336, U.S. 281 (1948): “The canon of construction which teaches that legislation of Congress, unless a contrary intent appears, is meant to apply only within the territorial jurisdiction of the United States…” see 18 USC §7.3 above United States v. Cornell: 25 Fed.Cas. 646, 648, No. 14,867 (C.C.D.R.I. 1819): When therefore a purchase of land for any of these purposes is made by the national government, and the State Legislature has given its consent to the purchase, the land so purchased by the very terms of the constitution ipso facto falls within the exclusive legislation of Congress, and the State jurisdiction is completely ousted. New Orleans v. United States: 35 U.S. (10 Pet.) 662, 737 (1836): Special provision is made in the Constitution for the cession of jurisdiction from the States over places where the federal government shall establish forts or other military works. And it is only in these places, or in the territories of the United States, where it can exercise a general jurisdiction. American Banana Co. v. U.S. Fruit: 213 U.S. 347 at 357-358: “All legislation is prima facie territorial” Quiz: By the law as it is written, the U.S. Constitution, the Supreme law of the Law, Applies Where? ONLY FEDERAL TERRITORY! What is New Jersey’s Supreme Law of the Land? The New Jersey Constitution! What is the Supreme Law of the other 49 states? Their Constitution!
Posted on: Wed, 21 Jan 2015 03:31:37 +0000
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