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310 lines
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310 lines
19 KiB
Plaintext
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OUR SENATE?
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"This has been a tough election and I'm happy it's
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over. And we finally upset that conservative who has been
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holding up all the progressive legislation for so many
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years."
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"Yes, finally." declared the financial backer and
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mentor of the new Senator from Wisconsin. "Now we'll be
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able to get more of our legislation through the Senate.
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This has been an uphill battle all the way. Old Charlie
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Smith sure gave us an intense fight. If we hadn't had the
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financial backing from so many of my friends, we never would
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have unseated him."
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They called the Vice-president to administer the oath
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to the newly elected Senator. The ceremony was set for the
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3rd day of January in his freshly decorated office. Present
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for the swearing in was his family and several friends who
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had arrived in Washington, D.C. only the day before. They
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were thrilled at being in the Capitol building. They'd
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heard so much about all the pomp and circumstance in our
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Congress. The Senator's wife and children were smiling from
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ear to ear as was his mother. She was swelling with pride
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over her son being elected to the United States Senate.
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The Vice-president joined the happy group. "Jack, I've
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come to administer the oath of your office. Hell, I know
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you believe in the Constitution, don't you?"
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"Yes Sir, of course."
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The Vice-president shook his hand and immediately
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walked over to offer his congratulations to Jack's family.
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While the local television reporters were present, no
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one questioned that the oath was not administered. The
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happy scene was simply one of mass confusion. Reporters
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rushed forward to shake the hand of the new Senator. The
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cameras swung around to the Vice-president. He smiled and
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said, "Welcome to The United States Senate! This is the
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World's Most Exclusive Club."
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This performance is a continuing charade playing on the
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ignorance of the American public. The "World's Most
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Exclusive Club" has not been legally in session since the
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election following 1913. How 'bout that?
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There have been over seventy years of illegal legisla-
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tion and unconstitutional treaty verification. 70+ years of
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unconstitutional confirmation of federal judges, ambassadors
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and officers of the President's cabinet. How can this be?
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Surely no one in our government would allow such a practice
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to continue if it were true.
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Unfortunately, it is true. Usually, when you don't
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watch the store . . . you get robbed. And that is what has
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happened to our government. WE haven't been watching the
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store. The behind the scene power brokers have destroyed
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the form of our government. There are special checks and
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balances as protections which our Founding Fathers estab-
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lished at the Convention.
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Two branches of the Congress were established to
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protect the sovereignty of the states. This was a major
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stumbling block in the writing of our Constitution. The
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first branch, the House of Representatives, were to be
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elected directly by the people. The representation in the
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House would vary according to population. This is still
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true today.
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The Senate, our second branch, was set up to represent
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state interests in the new government. Each state has equal
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representation and voice in national affairs. Senators were
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elected by each respective state legislature. Consequently
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each state became an integral part in the formation of the
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new national government. They designed this to be the link
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between the state and national systems of government. One
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advantage to this system was our Senators were less vul-
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nerable to graft and control by persons with other than
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honorable motives. Whenever state legislatures suspected
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Senators were not watching out for the state's interest in
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national affairs they were often replaced.
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This was the check and balance against the first branch
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which was elected by popular vote. (Documents Illustrative
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of the Formation of the Union of the American States, House
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Document No. 398, 69th Congress, 1st Session,) (1965).
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This principle lasted until 1912. The power managers
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behind our government convinced the American people they had
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more wisdom than our Founding Fathers. They had an
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amendment to our Constitution introduced into Congress
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proposing to give the election of Senators directly to the
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people. This amendment had the net effect of destroying the
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sovereignty of state governments.
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The Secretary of State made the announcement on May 31,
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1913. He declared the amendment ratified by the legisla-
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tures of thirty-six of the forth-eight (sic) states.
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(ibid., footnote page 1071.)
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Sounds innocent enough, doesn't it? Sounds all legal
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and constitutional. This is what dudes in government want
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you to believe . . . but it's a lie, a fairy tale! Let's
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examine this sequence of errors.
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In fancy and boldly written letters, the introductory
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statement to our Constitution declares that WE THE PEOPLE
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established the Constitution for the United States of
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America.
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The key is WE THE PEOPLE. We granted permission to the
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new government for certain specified and limited powers. By
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so doing, we granted the new government operating powers and
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gave them jurisdiction over us. The document is full of
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'thou shalt nots'. Powers which were not granted cannot be
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assumed. Nor can any powers which were granted be enlarged
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or exceeded.
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The individual states were really jealous of their
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sovereignty. They all feared the powers given to the new
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national government were not sufficiently restricted. This
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fear of the smaller states of domination by the larger
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nearly wrecked the Constitutional Convention. They demanded
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a Bill of Rights be added to the new constitution after
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ratification.
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The entire Bill of Rights will get a thorough examina-
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tion in a later paper. For now, let's concern ourselves
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with one which proves NO authority can be assumed by the
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national government -- the Tenth amendment clearly spells
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out that the powers not delegated belong to the states or
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the people.
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This amendment is the basis to determine whether the
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national government has permission to function in a given
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area. If the power was not delegated by us and spelled out
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in the document, they don't have it. This amendment is the
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one the federal government chooses to ignore and probably
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wishes did not exist.
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Another basic assumption we have to acknowledge is only
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we can agree to any changes in the document. Therefore we
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are responsible for the operation of our government. They
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are responsible to us.
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To be President of the United States, a person MUST be
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a natural born citizen of the United States. (Art II, Sec 1)
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This is a fixed, explicit command. There are NO exceptions
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allowed. No emergency allowances or amendment saying anyone
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but a natural born citizen can be president. This is the
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only requirement in the entire document that a candidate be
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natural born. It's obvious the Founders put it there for a
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specific purpose.
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Philander C. Knox, play acting as Secretary of State,
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introduced the 17th amendment into Congress in 1912. The
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man who was acting as president was William Howard Taft.
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Taft was born in Cincinnati, Ohio on September 15, 1857.
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SURPRISE . . . Ohio was NOT admitted to the Union until
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August 7, 1953! At the time Taft was elected to be presi-
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dent Ohio was simply a territory. It was not a state which
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means he was not a natural born citizen. Our Constitution
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was violated. He was not eligible to be president by any
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stretch of your imagination!
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So our illustrious Congress hits the panic button in a
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frantic effort to correct a major mistake. In their
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infinite 'wisdom', they passed a Joint Resolution admitting
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Ohio as a full and equal member of the union. (Public Law
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204, 83rd Congress, 1st Session).
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Section 2 of that resolution states: "This joint
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resolution shall take effect as of March 1, 1803. Approved
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August 7, 1953." Quick arithmetic shows that to be
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backdated by 150 years. That's ex-post facto law.
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They CAN'T do it! It's a conspicuous violation of our
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Constitution which states: "No . . . ex post facto law
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shall be passed." (Art I, Sec 9) This was added protection
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for our citizens. An act which was legal one day could not
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be declared illegal a day, a week, or even years later. NO
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law can be predated by one day. We didn't agree to any
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change through the amendment process. That guaranteed
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protection of no ex post facto law is still the basic law of
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the land.
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Another problem surfaces under this Public Law. They
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used a resolution to make a law when the intent of the
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Founders was for only bills to become law. Resolutions are
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to express an opinion or to censure some person or action
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but were never to become law.
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Taft was not president and his illegal lackeys such as
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Philander C Knox were not officials of the government. They
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introduced this amendment illegally into Congress. It is
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therefore an unconstitutional act and of no legal consequ-
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ence.
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The election of Senators is as it was in the beginning,
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by the Legislatures of the various states, NOT by popular
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vote. They have not been in session legally since 1913.
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Wait . . . there's more! Let's look at the last two
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lines of Article V of our Constitution.
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". . . and that no State, without its consent,
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shall be deprived of its equal Suffrage in the
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Senate."
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The 'Secretary of State' announced in 1913 it had been
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ratified by the legislatures of thirty-six of the forty-
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eight states.
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Article V says 100% of the states have to agree to any
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change in their equal voice in the Senate. Not three-
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quarters as he announced. 100 PERCENT of the states must
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agree.
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Delaware and Utah objected to the amendment and nine
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other states did not act on it. Another section of the
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Constitution was violated in defiance of the authority we
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granted. Thirty-six states have forced a change on the
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other states in their equal voting power in the Senate.
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Some might say they still have equal suffrage since
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there are two Senators from each state. (Sounds like a weak
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bureaucratic argument.) However, they no longer represent
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primarily the interest of the state. Now they supposedly
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represent the interests of the people. All the states did
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not agree to allow for a change of equal voting power.
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These acts constitute usurpation of powers we granted.
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For a definition of usurpation, in Black's Law Dictionary,
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we find: "The unlawful seizure or assumption of sovereign
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power. The assumption of government or supreme power by
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force or illegally, in derogation of the constitution and of
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the rights of the lawful ruler."
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Isn't this exactly what we have just found has been
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happening to the authority we granted?
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George Washington, in his Farewell Address made the
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following remark: "Usurpation is the customary weapon by
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which free governments are destroyed." Another admonition
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we have ignored. (Messages and Papers of the Presidents, J.
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D. Richardson, 1898)
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To quote Alexander Hamilton in The Federalist Papers,
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No. 78: "There is no position which depends on clearer
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principles than that every act of a delegated authority,
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contrary to the tenor of the commission under which it is
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exercised, is void." What they did is no good . . . they
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broke the law. (All references to 'paper no.' are from this
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book.)
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Hamilton goes on further in the same paper to state:
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"To deny this would be to affirm that the deputy is greater
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than his principle; that the servant is above his master;
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that the representative of the people are superior to the
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people themselves; that men acting by virtue of powers may
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do not only what their powers do not authorize, but what
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they forbid."
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Madison, in Paper No. 62 makes clear the reasoning for
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the election of Senators by the states: "In this spirit it
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may be remarked that the equal vote allowed to each State is
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at once a constitutional recognition of the portion of
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sovereignty remaining in the individual States and an
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instrument for preserving that residuary sovereignty."
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"No law or resolution can now be passed without the
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concurrence, first, of a majority of the people, and then of
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a majority of the States."
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Presently, we no longer have that guarantee of one
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branch of the Congress watching the actions of the other
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branch. The established check and balance was destroyed.
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These people now go willy-nilly passing legislation in
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direct contradiction to the intent of our Founding Fathers.
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As one obvious example, in 1982 a money bill originated
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in the Senate. Can't be done legally. This is in direct
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violation of a crystal clear restriction in our Constitution
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which dictates: "All Bills for raising Revenue shall
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originate in the House of Representatives; but the Senate
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may propose or concur with Amendments as on other Bills."
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There was much heavy argument during the Constitutional
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Convention on this very issue of money bills.
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Is it becoming apparent that they now feel the servants
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are above the masters? After all, who in blazes are you?
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How do we correct this mess? I will be first to admit
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it will be difficult. There is no question they will be
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reluctant to give up their powers and positions. They're on
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the big gravy train and it's tough to derail. Phone calls
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and letters to the offices of your Senators would be a
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start. Letters to the Editors of local newspapers will
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alert other people. Let's start putting up some roadblocks
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to derail that train.
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Using Petitions For Redress of Grievances to Senators
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and Representatives will be a good tactic. It will be
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interesting to see what they have to say about it.
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State Legislatures will have to become involved in this
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fight. After all, it was their power in the national
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government and their sovereignty which was diluted and
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destroyed. I'm also certain they know nothing about this
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issue at present so each citizen MUST question their state
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representative.
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The states were duped into accepting the 17th Amend-
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ment. The states who did not act on the ratification would
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be the logical ones to initiate the action. They should
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force the federales to have the amendment set aside. They
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easily repealed the 18th amendment (Prohibition) by Conven-
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tions in the States. We have to start the action and get
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our government back within the confines of the authority
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which we granted!
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The filing of a civil suit as a federal question action
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in federal court would be another option. The action would
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have to be directly against the Senate for being illegally
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in session.
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The American people have the intelligence, ingenuity
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and backbone to get a job done once they are aware of a
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serious problem. We are not a nation of wimps . . . not yet
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anyway. A comment is necessary concerning our new Senator
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not taking the required oath in our opening illustration. I
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personally have witnessed such an incident on local televis-
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ion news which concerned a newly elected Congressman.
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This business of Congress passing a law which is 150
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years ex post facto has other serious ramifications. I will
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cover these in later papers. More surprises on the way and
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it involves our friends at the IRS!
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For now, let's get our Senate back to it's proper
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representation of each State's interest. We are being made
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fools of by our national government.
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Care to check on how many treaties ratified since 1914
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are not constitutionally binding? How about the United
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Nations or the giveaway of the Panama Canal?
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YOUR SUPPORT IS APPRECIATED....
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PLEASE REGISTER....
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READ 'SALES PITCH' CHAPTER....
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