Time for the Sovereignty to Arise and Stand Against Usurpation
“But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security.” In Congress July 4 1776, Declaration of Independence
The failure to uphold clear and plain provision of our Constitution cannot be regarded as mere error in judgment, but deliberate USURPATION. "Usurpation is defined as unauthorized arbitrary a...
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Time for the Sovereignty to Arise and Stand Against Usurpation
“But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security.” In Congress July 4 1776, Declaration of Independence
The failure to uphold clear and plain provision of our Constitution cannot be regarded as mere error in judgment, but deliberate USURPATION. "Usurpation is defined as unauthorized arbitrary assumption and exercise of power." State ex rel. Danielson v. Village of Mound, 234 Minn. 531, 543, 48 N.W.2d 855, 863 (1951).
To take jurisdiction, power and/or authority where it clearly does not exist is usurpation, and no one is bound to follow acts of usurpation, and in fact it is a duty of citizens to disregard and disobey them since they are void and unenforceable.
The fact usurpation has been committed for many years cannot be held as a justification to continue to usurp power and set aside the constitutional provisions which are contrary to such usurpation.
“Acquiescence for no length of time can legalize a clear usurpation of power, where the people have plainly expressed their will in the constitution, and appointed judicial tribunals to enforce it. A power is frequently yielded to merely because it is claimed, and it may be exercised for a long period, in violation of the constitutional prohibition, without the mischief which the Constitution was designed to guard against appearing, or without any one being sufficiently interested in the subject to raise the question; but these circumstances cannot be allowed to sanction a clear infraction of the Constitution.”
Cooley, Constitutional Limitations, p. 70-71.
To assume jurisdiction, power and/or authority were it does not exist would result in TREASON. Chief Justice John Marshall once stated: “We Judges [Public Servants] have no more right to decline the exercise of jurisdiction [power, authority] which is given, than to usurp that which is not given. The one or the other would be treason to the constitution.” Cohens v. Virginia, 6 Wheat. (19 U.S.) 264, 404 (1821).
Public servants took an oath to uphold and support the Constitution, and their blatant disregard of that obligation and allegiance can only result in an act of “treason to the constitution”.
If public servants depart from the clear meaning of the Constitution, it will be regarded as a blatant act of TYRANNY. Any exercise of power which is done without the support of law or beyond what the law allows is tyranny. It has been said, with much truth, "Where the law ends, tyranny begins." Merritt v. Welsh, 104 U.S. 694, 702 (1881).
Tyranny and despotism exist where the will and pleasure of those in government is followed rather than established law. It has been repeatedly said and affirmed as a most basic principle of our government that, "…this is a government of laws and not of men; and that there is no arbitrary power located in any individual or body of individuals." Cotting v. Kansas City Stock Yards Co., 183 U.S. 79, 84 (1901).
WE the PEOPLE do not submit to the will of the Government. The Government submits to the will of WE the PEOPLE, and the will of WE the PEOPLE is the Constitution. The Constitution is the Law of the Land for our Government. The Law of the Land for WE the PEOPLE is the Common Law.
In the past few years we have witnessed many acts of usurpation particularly during the alleged pandemic. There have also been many acts of usurpation that have been allowed to continue such as the Patriot Act and the Federal Reserve Act. The purpose of this document is not to lay out the long train of abuses and usurpations but to lay to foundational principles of We the Peoples’ power and authority.
Remedy for Usurpation, Tyranny and Treason
Remedy for Usurpation, Tyranny and Treason
For to long We the People have been lead to believe our only remedy was to cast a ballot. What if the ballot of the People has been manipulated thru machines and mules? What if foreign actors have meddled in our affairs? What if our public servants have been installed by those who would do us harm? What if the servants have elevated themselves to the master? Recall the words of Justice Wilson; “…how true it is that states and governments were made for man, and, at the same time, how true it is that his creatures and servants have first deceived, next vilified, and, at last, oppressed their master and maker.”
We the People have the remedy of a convention [Ad Hoc assembly]. We the People have a right and duty to peaceably assemble to correct our government. “But when a long Train of Abuses and Usurpations, pursuing invariably the same Object, evinces a Design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future Security.” July 4, 1776, Declaration of Independence
“Congress shall make no law respecting….the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”
United states Constitution, 1st Amendment
CONVENTION, n. [L. See Convene.]3. An assembly. In this sense, the word includes any formal meeting or collection of men for civil or ecclesiastical purposes; particularly an assembly of delegates or representatives for consultation on important concerns, civil, political or ecclesiastical. In Great Britain, convention is the name given to an extraordinary assembly of the estates of the realm, held without the kings writ; as the assembly which restored Charles II. to the throne, and that which declared the throne to be abdicated by James II. In the United States, this name is given to the assembly of representatives which forms a constitution of government, or political association; as the convention which formed the constitution of the United States in 1787.
American Dictionary of the English Language, Noah Webster, 1828
An assembly/convention of the People is not a Convention of States. A Convention of States may be called to purpose Amendments to the Constitution, nothing more. State Legislatures can not call a Convention to recall delegated powers because the States did not ordain and establish the Constitution of the United states.
We the People have an inalienable right to gather in convention and amend or repeal portions or all of the Constitution. We the People have an inalienable right to gather in convention and recall a portion or all of OUR delegated authority. As Delegate Wilson said “But, in this Constitution, the citizens of the United States appear dispensing a part of their original power in what manner and what proportion they think fit. They never part with the whole; and they retain the right of recalling what they part with. When, therefore, they possess, as I have already mentioned, the fee-simple of authority, why should they have recourse to the minute and subordinate remedies, which can be necessary only to those who pass the fee, and reserve only a rent-charge?”
These corrective actions may be done at the State or Federal level. We the People may revoke the lease when the conditions are broken by the tenant.
Although there are repeals and amendments that need to be done it is my humble opinion that We the People should recall are delegated authority, because of the usurpation and tyrannical behavior of our government. I believe the proper course of action would be to start with the State governments. Recall OUR delegated authority and reconstitute our State governments of the sure footing of the respective State Constitution.
We the People do not need the governments’ permission to exercise our original and supreme authority. Therefor if your State has “alleged laws” regarding these remedies treat them as advisory. In my next articles this point will be better understood.
