15 September 2011

A Legal Action Supporting Restoration of Constitutional Integrity

On the eve of Constitution Day, and the 15th anniversary of The Patriot Post, we are preparing to launch a legal battle in support of our mission to reinstate Rule of Law as enshrined in our Constitution. This legal action, unlike others before it, regards Breach of Oath -- breach of the contract established by our Constitution between the elected and appointed members of the Executive, Legislative and Judicial branches of our government, and We the People. It seeks remedy for the lack of any proscription against, and penalty for such breach.To enforce our Constitution's limits on the central government, we believe a formal legal action is necessary. This action, if successful, would require that all members of the Executive, Legislative and Judicial branches, first and foremost, abide by their oaths "to support and defend" our Constitution, under penalty of law, and comport with its enumerated limitations on the federal government. The current scope of federal activities provides abundant evidence that many members of those three co-equal branches have long since abandoned their oaths, and, at present, there is no recourse for prosecution to enforce compliance.

This civil action is predicated on three questions concerning Rule of Law as enshrined in our Constitution:

First, are elected and appointed members of the Executive, Legislative and Judicial Branches of the central government required, under penalty of law, to abide by their oaths "to support and defend" our Constitution, as specified in its original language in Article II, Section 1 and Article VI, clause 3, as ratified?

Second, in respect to their oaths, do all members comport with our Constitution's prescribed method for amendment as specified in Article V, rather than disregard that constitutional prescription in favor of legislative actions based upon judicial diktats redefining those limits in accordance with the errant so-called "living Constitution"?

And, third, if the answers to questions 1 and 2 are "no," then does breach of oath, which is not currently subject to legal redress, constitute a breach of trust with the American people -- a violation of the contract established by our Constitution between those in the Executive, Legislative and Judicial branches, and the American people? Consequently, does Breach of Oath impose harm and injustice upon citizens, who are subject to the government's laying and collecting of taxes, and accumulating of debt, for expenditures not expressly authorized by our Constitution?

The first step in seeking legal remedy to restore the integrity of our Constitution is to establish whether "We, the People," have legal standing to require all members of the three branches of our central government to abide by their oaths.

To that end, please register your support for this action, and join Patriots across the nation in this effort to establish legal standing as citizens, particularly those in our Armed Services who defend their oaths with blood and life. If we are unsuccessful in our effort to seek remedy for the lack of any proscription against, and penalty for breach of oath, it is because the judiciary refuses any such accountability regarding the wanton violation of our Constitution. Such rejection would, in effect, render Americans, once again, condemned to the abuse previously characterized in American history as "Taxation Without Representation."

We are seeking to answer the question of whether "We, the People," have legal standing to require all members of the three Branches of our central government to abide by their oaths. We will determine the appropriate venue and ask the court to certify this action once we have reached a sufficient number of plaintiffs to impress upon the court, and supporting members of Congress, that The People demand recourse.We will seek to renew congressional requirements for enumeration of constitutional authority for each and every piece of legislation proposed by the Executive and Legislative branches.Our United States Constitution, as written and ratified, stipulates in its preface that it is "ordained and established" by the people to "secure the Blessings of Liberty to ourselves and our Posterity." To that end, it established a republic, not a popular democracy, which is to say it affirmed the primacy of Rule of Law over rule of men.

Those members of the Executive, Legislative and Judicial branches, who have abandoned their oaths, believe they are above the mandates established by our Founders, and thus, above the law.

Our constitutional rights are being violated, and that violation is sustained by unjust taxation for purposes not expressly authorized by our Constitution. Consequently, our nation is on the precipice of insolvency, and the bill is coming due. It will most certainly be repaid in the currency of tyranny unless Liberty with its inherent Rule of Law prevail.
The time has come that all American Patriots must, "with a firm reliance on the protection of divine Providence, mutually pledge to each other our Lives, our Fortunes and our sacred Honor," as we endeavor to restore Rule of Law and our Constitution's limits on the central government.

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