Proposal for Saturday, 12/17, General Assembly: Constitution Working Group

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FROM: CONSTITUTION WORKING GROUP

CONTACT: BOB AND JUDITH

CONTACT EMAIL: HONORAMERICA@GMAIL.COM and BOB@GIVEMELIBERTY.ORG

CONTACT PHONE NUMBER: 804-405-6505 and 518-656-3578

 

A PROPOSAL FROM THE OWS CONSTITUTION WORKING GROUP:

SEVEN, INDEPENDENT FIRST AMENDMENT PETITIONS FOR REDRESS

(Failure to reach a consensus on one does not affect the ability to agree on the others)

 

 

SUMMARY OF EACH OF THE SEVEN PETITIONS

(Full Petitions now posted at www.OccupyTheConstitution.org; to be served on the Government after 9 million people have signed on-line)

 

 

1. BAILOUTS OF PRIVATE CORPORATIONS AND FOREIGN COUNTRIES

 

a. Private Corporations: (Violate the Enumerated Powers – i.e., no constitutional authority)

Executive and Legislative Branches have no authority to give or lend public money to private companies for definitively private purposes. YET THIS WAS DONE:  9/08 $85B in aid of AIG; 10/08 EMERGENCY ECONOMIC STABILIZATION ACT authorized $700B to purchase worthless or near worthless assets (“toxic assets”) from the balance sheets of firms in the financial industry; 01/09 $29.5B in aid of GM and Chrysler.

 

b. Foreign Countries: (Violates Art I, Section 9, Cl 7 – no appropriation by Congress)     

The Executive Branch (Treasury Department and the Federal Reserve Banks) have no authority to give or lend public money or credit to foreign countries to regulate the value of currency, or otherwise, without an  appropriation act by Congress. YET THIS WAS DONE:  $20 billion bailout of Mexican Peso in 1995, approximately $350 billion in “Swap Agreements” with Bank of England, European Central Bank, Swiss National Bank, Bank of Japan, Bank of Canada (all amended in November, 1911).

 

Remedies We Seek From the President and Congress:

Acknowledge Receipt of Petition within 40 days with rebuttal of our legal argument and facts or: 1) Repeal EMERGENCY ECONOMIC STABILIZATION ACT (“EESA”); 2) Publicly apologize to the People for violating the Constitution; 3) Retrieve all outstanding public funds given or loaned to private entities via “EESA” regardless of consequences; and 4) terminate all “Swap Agreements” with foreign central banks and reverse the flow of their currencies.

 

2. FEDERAL RESERVE SYSTEM – Violates the Enumerated Powers; Violates Art 1 Sec 8 Cl 5; Art 1 Sec 10 Cl l

This Petition contains 53 statements of fact that provide a fair overview of an extraordinarily important violation of the Constitution that goes to the heart of America’s economic problems.

There is absolutely no authority in the Constitution for a central bank in America. In addition, the current debt-based is prohibited by Article I, Section 8, Cl 5 (Congress has power to coin money), and Article I Section 10, Cl 1 (States shall use only gold and silver coin as tender for the payment of debts).

                                                               

Remedies We Seek From the President and Congress:

Acknowledge Receipt of Petition within 40 days with rebuttal of our legal argument and facts or: 1) Congress is to establish National Advisory Commission for Repeal of Federal Reserve System to prepare Plan to transfer assets and legitimate liabilities from the Federal Reserve Banks to the Treasury Department and Repeal Federal Reserve Act of 1913; 2) NAC has 90 days to submit report to Congress containing all needed legislation; 3) 60 days from that date, all legislation will be enacted by Congress; and 4) President shall cooperate fully.

 

3. MONEY/MONETARY POLICY – Violates Art 1 Sec 8 Cl 5 (Congress has power to “coin money”), Art 10 Sec 10 Cl 1 (No State shall make anything but Gold and Silver coin a tender in payment of debts).

Current debt-based currency violates Constitution and pauperizes the “99%” through inflation. We have Right to a constitutionally valid form of money (gold and silver) and national monetary policy.  Federal Reserve System is without constitutional authority. Federal Reserve Notes are unconstitutional, even though declared “legal tender” by the Government. Any act of Congress that is repugnant to the Constitution is null and void.

                                               

Remedies We Seek from the President and Congress:

Acknowledge Receipt of Petition within 40 days with rebuttal of our legal argument and facts or: 1) Congress is to establish a National Advisory Commission on Alternative and Competitive Currency and shall call on States to do the same. The sole purpose of the Commission is to recommend an economically sound and constitutional alternative, competitive currency consisting only of gold and silver coin, supplemented by electronic transactions (not a return to paper currency backed by Gold and Silver), and a schedule for its gradual introduction, eventually supplanting the Federal Reserve Note. Eventually supplant all Federal Reserve Notes; 2) NAC has 90 days to report to Congress with all needed legislation; 3) 60 days for Congress to enact all legislation; and 4) President shall cooperate.

 

4. PUBLIC DEBT – Violates Enumerated Powers (no constitutional authority to borrow money to pay for “services” not authorized by the terms of the Constitution given the meaning the words had when added to the document),  Art 1 Sec 9 Cl 7 (no money to come from or pledged to come from the treasury except by an appropriation act by Congress).                         

We The People are only responsible for debt incurred in accordance with the dictates of the Constitution. A significant portion of the current public debt was incurred in violation of Constitution.

 

Remedies We Seek from the President and Congress: 

Acknowledge Receipt of Petition within 40 days with rebuttal of our legal argument and facts or: 1) Congress is to establish National Advisory Commission on Validity of Public Debt and call on the States to do the same. The sole purpose of the Commission is to divide the national debt into “two categories” – that which was authorized by Congress and incurred to cover  programs/activities authorized in writing by the Constitution, and that which was not. All unconstitutional debts are to be repudiated as void ab initio and unenforceable. 2) Congress has 30 days to enact legislation establishing the NAC; 3) the NAC has 90 days to submit to Congress a report of all needed legislation to FREE the American people from all unconstitutional debt and to fulfill the requirements of the Constitution; 4) Congress has 60 days to enact all legislation to achieve the goals; and 5) the President shall cooperate.

 

5. PUBLIC EDUCATION – Violates Principle of “Frequent Recurrence to Fundamental Principles” 

Citizens in States that have included a provision in their State Constitutions authorizing their States to organize and fund a system of Public Education are entitled to a constitutionally valid system of public education that helps prepare each citizen to meet the obligations of citizenship in America, to understand “republicanism” and our constitutional system of governance; to be taught about each person’s natural inalienable Rights, Freedoms and Liberties, and one’s responsibility to preserve, protect and enhance that which is guaranteed by the greatest governing documents ever given to mankind. The absence of a “Frequent Recurrence to Fundamental Principles” has produced a population that cannot tell if those who wield government power over them are obeying or violating the Constitution and its underlying, essential principles.

 

Remedies We Seek from each State Legislature:

Acknowledge Receipt of Petition within 40 days with rebuttal of our legal argument and facts or: 1) Each State Legislature shall enact a statute “An Act for Civic Education”. The sole purpose of the Act is to mandate and ensure all teachers teach all school children, from age 8 onward, about the history, meaning, effect and significance of every provision of our Declaration of Independence, State and Federal Constitutions and Bill of Rights, as well as instruction in civility, citizenship and personal character, as well as a daily salute to the Flag and Pledge of Allegiance to the Constitution and Republic for which it stands; and 2) All administrative agencies in the states, and all trustees, elected and appointed leadership of every education district shall comply.

 

6. CLEAN ELECTIONS.  Electronic Vote Counting Systems violate the Principle of the “Public Nature of Elections” that emerges from the voting provisions of our U.S. Constitution (Art 1, Sections 2/4, and the Seventeenth Amendment), and that emerges from each State Constitution.

 

We are entitled to constitutionally valid elections, including Right to know, without special expert knowledge, that our votes are being accurately recorded and counted. Current voting systems are unconstitutional if vote counting is not open, transparent and verifiable. The United States is only one of a handful of countries that use electronic voting systems. Some countries, including Germany, have returned to hand counted paper ballots, scraping and banning the further use of their electronic voting systems.

 

Remedies We Seek from each State Legislature: 

Acknowledge Receipt of Petition within 40 days with rebuttal of our legal argument and facts or: 1) Chief election officials of each State shall institute voting procedures for all future primary, special, general and other elections that are open, verifiable and transparent with a procedure of paper ballots that are hand-marked and hand-counted with continuous public viewing – a People’s “Chain of Custody” of all ballots, as described in specific detail in the Petition, restoring Clean Elections in America.

 

7. WAR POWERS AND AMERICA’S FOREIGN POLICY. Violates Art 1 Sec 8 Cl 11 (requires Congressional approval and authorization before the armed forces of the United States can be used in hostilities in foreign countries); Art2 Sec 2 Cl 1 (President is Commander in Chief and administers hostilities against foreign countries only after Congress authorizes those hostilities);  Second Amendment (Mandates well-regulated, well disciplined, well-trained State Militias: Preamble to the Constitution for the United States of America (meddling in the internal affairs of foreign counties, taking sides, violates the General Welfare clause of the Preamble, for it causes people in those countries to turn their hostilities toward America, which has given America a War on Terror, which has resulted in a developing Police State in America, which does not serve the General Welfare and in not in our National Interest.

 

There are 30 statements of fact in this Petition that provide a fair overview of an extraordinarily important violation of the Constitution that goes to the heart of America’s economic problems. These

document abuses of the War Power Clauses of the Constitution, across many administrations, all branches of government and both parties. We have a Right to a foreign policy that does not meddle in the internal affairs of other countries.

 

Remedies We Seek from the President and Congress: 

Acknowledge Receipt of Petition within 40 days with rebuttal of our legal argument and facts or: 1) the President shall never again apply the armed forces of the U.S. in hostilities overseas except for the common defense and with the approval and authorization of Congress; 2) Congress shall not fund violations of the war powers clauses of the Constitution; 3) Congress shall initiate impeachment proceedings against any President who violates the war powers clauses of the Constitution; 4) the President shall withdraw all US troops from and cease all hostilities against any foreign country unless authorized by Congress; the Congress shall encourage the States to revitalize their well-regulated, well-trained and well-disciplined militias in accordance with the Second Amendment; 5) the President we will no longer meddle in the internal affairs of other countries, taking sides in their internal conflicts.

 

Background: Meaning of The First Amendment Right to Petition:

 

  1. The Constitution is a set of principles, prohibitions and mandates to govern the Government.
  2. Government can only do what the People and the States have authorized it to do.
  3. If it is not in writing the Government cannot do it.
  4. We the People have the unalienable, individual Right to Petition Government for a Redress of Grievances. “Redress” means, “Remedy.” “Unalienable Right” means a Natural Right individuals have simply because they are alive.
  5. The Right is guaranteed by the last ten words of the First Amendment to the U.S. Constitution and by every State Constitution.
  6. The Right enables the People to peaceably hold government accountable to the rest of the Constitution. That’s why it was put there. Constitutional scholars call it the “capstone Right.”
  7. No Court has declared the meaning of the Right of Redress – the last ten words of the First Amendment. SCOTUS has declared the meaning of the other four Rights guaranteed by the First Amendment: worship, speech, press and assembly.
  8. A study of historical documents, including the Magna Carta of 1215, the English Bill of Rights of 1689, the proceedings of the Continental Congress of 1774 (Journal 1, page 115-123), the Declaration of Independence  and the proceedings of the Constitutional Convention of 1789 have revealed the Rights of the People and the Obligations of the Government under the First Amendment.
  9. The meaning, based on the “Framer’s Intent” approach to interpreting provisions of the Constitution :

a.       If the People have evidence the Government has violated a provision of the Constitution, the People may Petition for Redress.

b.      The Petition should cite the violation, include factual evidence of the violation and demand a Remedy.

c.       Government is obligated to respond, responsively.

  1. If Government does not refute the evidence and offer their own evidence, or refuses to respond, or responds with repeated injury, the People have the Right of non-violent enforcement. A Government that ignores the Constitution and ignores the People’s First Amendment Petitions for Redress is unprincipled, deceitful and unreliable and must be confronted. A Government whose character is marked by every act which would define a tyrant is unfit to be the Ruler of a Free People.
  2. “Government being instituted for the common benefit, protection, and security, of the whole community, and not for the private interest or emolument of any one man, family, or class of men; therefore, whenever the ends of government are perverted, and public liberty manifestly endangered, and all other means of redress are ineffectual, the people may, and of right ought to reform the old, or establish a new government. The doctrine of nonresistance against arbitrary power, and oppression, is absurd, slavish, and destructive of the good and happiness of mankind.” Art. 10, NH State Constitution.

12.   Beginning with the “Gag Rule” adopted by the House of Representatives in 1836, permanently tabling all Petitions for Redress from abolitionists, the Right has become the “Forgotten Right.”

6 Responses to “Proposal for Saturday, 12/17, General Assembly: Constitution Working Group”

  1. JZ

    Incredible work but how all of this will be voiced at the GA is a curious thing.

  2. Brendan

    the GA should be consigned to warm memory. every meeting of the GA takes OWS further from its origin

  3. Bob and Judith

    We will say, “We, the People have the Natural, constitutional, guaranteed Right to hold accountable those who wield governmental power over us. We, the People have the constitutional, guaranteed means to control the banks, the corporations and the politicians. We, the People have the constitutional, guaranteed means to end undeclared wars, stop the bailouts, reduce the public debt, adopt a sound currency, stop inflation and do away with voting systems that are not open and transparent. We, the People have the constitutional, guaranteed means to dramatically close the gap between the 1% and the 99%.

    To do all this we, THE PEOPLE must first “occupy the Constitution.” To begin, we, THE PEOPLE, need to occupy the accountability clause of the First Amendment. To quote the accountability clause of theFirst Amendment, we the People need to “Petition the Government for Redress of our Grievances.”

    These seven Petitions for Redress address seven of our grievances having to do with the Government’s violations of various restrictions of the Constitution.

    Each Petitions the Government to acknowledge its receipt and rebute its legal argument and stated facts within 40 days, or comply with its instructions that are designed to put an end to the violation.

    Each Petition will be served on the Government after it is signed by 9 million people, on line at http://www.OccupyTheConstitution.org.

  4. Andrew Mallis

    The full proposal demonstrates even more strongly the ideological bend behind this minuscule groups’ work. I do not believe they are taking a position that can speak for the movement. Rather, they are pushing their own values, and patriotic ferver onto it. These, for example, are some of their demands:

    • “competitive currency consisting only of gold and silver coin”
    • “a daily salute to the Flag and Pledge of Allegiance to the Constitution and Republic for which it stands”

    The American people can get behind one or two demands, but not a document that is longer than the constitution itself, and not one that is so colored.

  5. Tom Gillis

    daily salute to the Flag and Pledge of Allegiance to the Constitution and Republic for which it stands;

    This is fascist horseshit.

  6. Tom Gillis

    Bob & Judith do you believe that Barack Obama is a US Citizen? Your cozy relationship with the Oath Keepers would imply otherwise.