Constant's pations

If it's more than 30 minutes old, it's not news. It's a blog.

Tuesday, March 14, 2006

Your human spirit cannot be crushed

Look, a visitor.

I wish to bring you good news of the stealth impeachment efforts. As you may have known the censure is merely one step; the other actions involve impeachment in the House. Behind the scenes -- and many of you are involved -- are efforts to work at the state level to force the House to act. This is the state proclamation effort. Here is the status: [ Click ]

The purpose of the link is merely to show you that there are other efforts working in parallel with yours; so do not be discouraged by setbacks. Rather, share your lessons and build your momentum to what is working. Do not fear making mistakes. The best effort is simply to keep the momentum going, and communicating with others what is working.

Recall, the White House is already organizing itself to face impeachment; they are on the defensive. Our job is to realize how far we've come in just a few short weeks since Gore's speech. There are eight months to go, and that's alot of time to grind down the RNC and White House. Rest assured, there's more of it on the way.

Broadly, with respect to the FISA and NSA issues, do not be worried or stifled with thoughts that you have faced a roadblock. Rather, notice the blocks -- and carefully document what a solution would be: A needed changes in statute; something that will compel Congress to act; or something else. This will lead us into a discussion in the coming weeks on an agenda for a Constitutional Convention to remedy the defects in the Constitution that has permitted this abuse of power to occur. For more on how this is unfolding, you can see how things are coming together here: Click. Remember, there is valuable feedback in a roadblock or opposition: It tells us many things -- what should be lawfully removed or lawfully revoked as an abused power.

Also, I encourage you to spend some time talking with your friends about how to turn the road block around. For example, there may be proposed efforts to stifle lawful conduct: Use that to be creative to continue doing what you are lawfully permitted to do. Here are some samples: [ Click ]

In sum, keep in mind your great progress you're making. This isn't something that will happen quickly. But each individual action is adding up and your smallest effort is like a small whisp of air that has created a thunderstorm off the Atlantic Coast. It is still forming, but it is headed to DC. You are the ones that are making the Federal Government assent to the rule of law.

Remember, in the end, if the Federal Government refuses to assent to the law -- and protect rights and prevent abuse of power -- we may lawfully revoke the power of the Federal government that they are abusing. Keep that in mind as you think of solutions. Here is a sample: [ Click ]

Yes, in the coming weeks and months you may be discouraged and feel like throwing in the towel. That is normal. You are getting exhausted. But remember one thing: The RNC is also getting exhausted -- they have fewer people to keep doing what has no legal foundation.

The law is on your side. Most importantly, the Constitution has already chosen you to do its bidding. You are incapable of losing. You are doomed to succeed. But you will have to work for it. This is a test of whether you really want to lawfully assert your rights.

The choice is up to you.

Remember one thing: Our ancestors have bravely prevailed over harsh conditions of cold winters, disease, and awful abuse. It is within you -- your genes, and your soul as a human -- to prevail. It is your human spirit, and it cannot be crushed; rather it is the power which created the Magna Charta and the Declaration of Independence. You do not have to "search" for it -- it is already there.

Best wishes and stay determined.

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Comments: [ Click ]

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Regardless whether the RNC or DNC controls Congress, there is one Constitution. Either the RNC and DNC can agree to review the matters, or the States can lawfully revoke their power.

Unless you use your power, you're going to lose it -- not simply taken by the RNC, but the states can lawfully revoke the power of the Federal government that has been abused -- whether by choice or inaction is irrelevant.

This is not a matter of politics; these are matters of constitutional and criminal law. [ Click ]

You may not destroy -- by choice or neglect -- what you do not have the lawful power to destroy. New provisions can be created to impose more meaningful sanctions for failing to do what must be done. Things will improve -- whether by choice or mandate does not matter.

No party controls the country; rather, the people control the Constitution. If you defy the people, their rights, or abuse their power they have delegated, you shall lawfully have that power revoked.

It is that simple.

* * *

There's a strange deference to the President: "oh, we can't deal with this issue of censure -- he's a war president."

Call him what he is: A war criminal.

Treat him like he is: A criminal.

We need not assent to his unlawful use of power; rather, we need only assent to the law.

To command us to show deference to a criminal would ask that we ignore reality, and thank those who abuse us.

Call the RNC what they are -- poodles, unfit to govern. If the Congress refuses to face reality and censure, then let us do what we have always been able to do: Lawfully revoke the powers they do not appropriately assert, but abuse.

There is a difference between ministerial acts and power. The President has to follow the FISA law – it is a ministerial requirement. We need not assent to his abuse of power. He does not have the implied or inherent power to do anything; his only power is from the Constitution. We have not delegated him the power to abuse us, violate our rights, break promises, or misuse his power.

Whether Congress does or does not understand this is a separate matter.

We need not consider the Senate’s frivolous excuses to do nothing. The Constitution is neutral on war – it remains in place with the ebb and flow of war and peace. This was a war of choice; as it were the decisions to abuse power and violate the law.

This President freely chose to enforce the law. He promised this -- before all of us – to God.

This President has broken his promise with God. We need not consider any Senate request that we assent to those who break promises.

This President need not be given any deference. We need not reciprocate anything not given.

* * *

In re: "Desire for investigation"-argument

May I suggest CCR motion.

Argument: Based on the public information, a reasonable fact finder could make adverse inferences and reasonably conclude the FISA statutes are self-evident, and the defenses to date are frivolous.

The body of evidence -- scant as it is -- overwhelmingly supports the reasonable conclusion that the President violated the law; and the President fatally failed to deny the conduct as one might reasonably have done if they were innocent.

Rather that provide a credible legal defense, the President's own chief legal advisor -- US Attorney General Gonzalez -- did nothing to mitigate any reasonable conclusion that the Presidential conduct was at odds with the statute; and that the specific ministerial duties in FISA trump the generalized AUMF powers.

No reasonable fact finder could conclude that AUMF is constitutional given that it was based on fraud. Rather, the FISA is well established and well recognizes ministerial duties, and does nothing to trump -- but lawfully asserts -- Presidential powers in war time. The Constitution does not recognize absolute Presidential power to declare war, wage war, and interpret statute. These powers are delegated to the Constitution to the other two branches.

We the People have delegated these powers to different branches. A reasonable person would have to conclude the President remains in rebellion. We need not conduct any investigation. The self-evident unconstitutional and illegal conduct has not been credible defended much less justified.

If Congress fails to lawfully check the power, Congress may reasonable be inferred to have joined this unlawful Presidential rebellion. Reasonable discussions by the People may reasonably conclude that the abused -- and non-asserted -- powers may not be delegated to the Federal Government, and lawfully revoked at a Constitutional Convention.

Moreover, the People may reasonably conclude that the long string of abuses warrants appropriate changes to the legislative immunity doctrine, and lawfully compel Congress to assent to 42 USC 1983 in matters of declarations of war; failure to assert the power against the President; and in matters related to asserting the oath against well known Presidential violations of the law of the land.

Congress must choose whether they want to protect the Constitution now; or have the People reasonably make an adverse inference that this Congress -- and the individual Members of Congress -- remain in rebellion with the President against the Constitution.

The States are poised -- with lawful state proclamations demanding impeachment -- to compel this Congress to vote up or down -- thereby showing the world whether this Congress is for or against the Constitution -- regardless whether the Congress wishes to assent or avoid its obligations.

Congress must choose: For the Constitution or for the President's unlawful rebellion.

There are not other options.

The states are prepared to lawfully revoke the abused and non-asserted powers of the Federal Government.

Choose wisely. We have eight [8] months to watch Congress “think about” whether they are for or against the Constitution.

There is only one answer.