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Monday, January 15, 2007

Expansive Powers of We the People

This is an Expansive View of the Multiple Powers of We the People to assert to protect, defend, and preserve the Constitution.

The Unitary Theory of Government is invalid. The President has only one power.

All arguments used to justify a flawed legal theory for the President may be incorporated and applied when broadly expanding and interpreting the expansive powers We the People retain or may devise.

The US government has no input to New Powers We the People broadly define below.

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Doctrine of Expansive Powers of We the People

The Tenth Amendment reserves all non-delegated governmental powers to the States and We the People, respectively.

Eternal Constitutional Confrontation of Factions Expected

We the People reserve the right and power to compel Constitutional confrontation when US government factions refuse to challenge breaches of the Constitution.

Reciprocity by States in On Rules Related to Restrictions Against States

Where some assert the Constitution broadly applies, expands, or defines Federal power, the States may narrowly define Constitutional restrictions against the States. We the People may narrowly define Presidential power and reserve that non-delegated power broadly to We the People.

Single Power of Executive: President Denied Inherent Powers

The President is not assumed to have any inherent power other than his single Executive power; other powers are presumed to belong to the States and We the People unless expressly delegated to Congress or the Judiciary.

Signing Statements Broadly Interpreted to Recognize Only Powers of We the People and States

All Presidential signing statements are illegal, invalid, and without force. All arguments in any and all signing statements may be broadly construed as comments on the expansive powers of We the People; and a reflection of how newly crafted powers may be lawfully applied by We the People to check US government finite power.

The President may not assert any non-delegated power in any signing statement; rather, his statements are powers We the People retain, may exercise, and have discretion whether to permit, enforce, or deny to We the People.

Powers of We the People May Be Asserted Without Fair Warning By A Minority Of One

We the People, by a vote of one, may establish any rule or result putting into effect these principles and powers not delegated to the US Government. All non-executive, non-delegated, non judicial power rests with We the People. We the Power are the source of all government and non-government power. We the People may create new power to do what Congress refuses, blocks thwarts, or refuses to assert to Protect the Constitution.

No reward for malfeasance

When beyond the nexus of judicial, legislative, or executive power, anything Congress, the President or Courts decline to do, adjudicate, fid, or resolve, We the People reserve the right to broadly, expansively asset power to lawfully removal, decide, conclude, determine in re fitness for duty, competence, maladministration, faithfulness in assert the oath, or preserving the Constitution as a superior document.

New Powers Created by We the People Outside US Government Comment

States have the power to devise and create new powers not delegated to the Federal government and reserve from for We the People. Only one state is required to identify a non-delegated power; only one state legislator through non-binding proclamation may remind the Public of powers the States may or may not exercise, but leave open to We the People to lawfully assert.

We the People may not be compelled to support directly or indirectly illegal activity war crimes, false statements to tribunals, or non-assertion of power by any faction where the oath requires action, not complicity with rebellion against the US Constitution.

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We the People Judge the Unitary Theory of Government Is Invalid

We the People have the power to confront this invalid Constitutional theory with a matching theory which relies on the same flawed arguments, as is permitted and intended by the Framers when factions clash.

Advocating the Unitary Theory of Presidential Power can be admitted into evidence by any US Attorney, Grand Jury Member, attorney, or witness as evidence of a person’s alleged complicity with rebellion against the US Constitution.

All Assertions of the Expansive View of Powers of We the People is presumed without question consistent with the superior duty to protect, preserve, and protect the Constitution. All written, verbal, and communications related to any of these principles is protected, unlike the Unitary Theory which is presumed illegal, invalid, and evidence of illegal rebellion and insurrection.

Every rule, agreement or legal theory supporting the Unitary Theory of Presidential Power may be similarly applied by We the People to the Doctrine of Expansive Powers of We the People. We the People may lawfully oppose, assert, and challenge on the basis of same principles the Powers of We the People.

Article I delegates multiple powers, while Article II delegates only one power to the President – Executive power. No power in Article II is referred to as “The Power”; all discussions in Article II related to any power are specific ministerial acts which the President, as part of his executive power, may or may not assert.

The Unitary Theory of President power and authority cannot credibly rely upon when that theory is not asserted in all cases. The President asserts he is not subject to outside rule making or control, but he assents to outside rulemaking. The single exception, however small, invalidates the Unitary Theory of Presidential Power. A theory must be applicable in all cases, which the Unitary Theory is not. Whether it is a fantasy or belief has no bearing on the law and it is not a credible legal theory.

The President has no power to assert a theory which is not universally true in all cases; the President was not delegated the power to devise a theory which consolidated legislative and judicial functions under his discretion. The expedience, perceived benefits, or aims of the President are irrelevant unless the Constitution expressly delegates him the power to do something consistent with the Constitution. The Constitution does not create, devise, recognize or permit any assertion of power which permits the destruction of the Constitution.

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Constitutional terminology

Executive Power: The power to engage in administration and management.

Vested: Placing authority in control of another.

Execution: Performance of a ministerial act.

Administration: Management of affairs

When we vest power in the President, Congress, or Judicial branch we pace the power of We the People in control of those branches. When power is not used to protect the Constitution, that government official may be found to be in rebellion or have not fully asserted their oath.

Vesting power means to (a) place (b) ownership of (c) power in (d) control of the President, Congress, or Judiciary. Power is not owned by the President, but We the People, who have placed the power in the control of the President. The President is a steward of that power; he does not own the power; but conditionally controls the Power of We the People. The agreement to grant authority is not eternal without review, but conditional upon his effective control of the limited power we delegated.

Ownership of Property; Ownership of Power Responsibility, as with land management, comes to care for the land rights of others. When land is abused, or it is mistreated and causes harm to others, We the People have the right to seize that land and place the land under more effective management.

Under the principle of judgment, We the People may devise any criteria whether US government officials have or have not fully asserted their oath .

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There is a distinction between (a) power; (b) a source of power; and (c) a controlling authority for power. The President has no power to create or not control power.

Without control of power, the power is perceived and cannot be effectively managed.

Power to control power comes with the attached demonstration for the President to prove power has been controlled and managed. Without demonstration of management, we the People may conclude the power is not being managed as required; nor is it being controlled as the Executive freely promised under oath; nor has the US government, as they agreed, asserted their factional power to check the executive’s abuse.

When any US government official does not control the employment of that power, there is no reasonable basis to believe they are fully asserting their oath. Their delegation of power may be revoked; and nor is there a legal basis to continue delegation of that power.

The President is not the same as power.

The President has no power to create illegal power; nor is the President the source of self-delegation. Delegation is only through the Constitution.

The President may not self=deflate power to ignore the law; the President has no control over illegal activity; nor does he have power to hide illegal assertion not power. The President cannot lawfully mange what is not authorized.

There are not war powers [plural]; plural powers related to combat support are only delegated to the Congress. The President only has one power: Executive, the power to responsibly mange resources.

It makes no difference that Congress has not fully supported an army or navy for all illegal uses the President may devise. The burden is on the President, despite the known limited resources, why he broadly employed combat forces beyond the physical constraints of resources, statute, and Congressional agreement.

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Powers delegated, when not exercised, do not become non-exist power, but remain vested with that branch of government, but are ultimately derived from We the People.

We the People reserve the right to exercise powers, which despite delegation, are not being used to challenge factions or protect the Constitution.

Where there is no needed Constitutional collisions between factions, We the People reserve the right to adverse conclude the oath of office has been violated, there is maladministration, and there has been defiance of the Constitution because of to be understood bribery, corruption, or non-disclosed consideration placed above US government officials duty to the US Constitution.

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Delegation of Only One Power To President

The President has only one power: Executive power. He does not have “the power” of Pardon, but a subset of Executive Power called pardon power.

The Framers did not intent to delegate multiple powers to the President. Unlike Article I which explicitly refers to legislative powers in the plural form, the Framers specifically defined the President as having a single power: Executive power. Where the Congress has many powers which are well defined, the President only has the single, narrow, specific, and very minute Executive Power.

We the People may read Article II narrowly. Any assertion that the President has multiple powers [plural] is not legally connected with the Constitution. The President does not have power other than his single power. Article II Section 2 does not say, “the power”-of anything as in the Amendments related to Congress; or Article I.

War Powers does not exist as a legal term in the Constitution; there are no plural war powers for the Executive and Congress to share. Only the Congress has multiple powers to raise or not raise an army as they deem fit. When the President employs combat forces beyond what the Congress has provided, the President has ineffectively controlled what Congress alone has the power to define: How much resources to make available to the President for him to exercise his single power: Executive power.

The Presidential title of Commander in Chief is not a new power beyond the executive power, but a title for the Executive Power during wartime, narrowly related to combat operations, only related to combat which Congress supports. When Congress refuses to provide combat troops, does not provide resources, or does not make available funds to the President, the President has no power to claim the Congress is or is not doing what it should. The Congress does not respond to the President; and the President has no power to compel Congress to provide for something Congress has not provided. The President must manage what he has been given by Congress; and he may not properly assert he is or is not asserting control when he plans military operations which require more resources than Congress has lawfully provided.

When Congress does not provide the resources, the President has no resources to lawfully manage. The President may not lawfully create outside Congress, new resources, which the Constitution only grants to Congress the power to decide, support, or not support as only Congress deems appropriate.

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We the People forbid, do not allow, and expressly find illegal any time any President or Executive Officer uses a plural form of power as it relates to the President. The Constitution only delegates one power to the President – executive power. The President may not lawfully assert in writing, comments, or make any communications implying, suggesting, or hoping that he has more than one power. He does not.

Any plural reference to power is implicitly related to Congress; only Congress has multiple powers.

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The Congress and We the People retain the right and power to delegate or not delegate other Powers to the President. Where that express delegation has not been part of the Constitution, that delegation does not exist, is not recognized as lawful, and is an illegal assertion of Presidential power.

Even when the President is narrowly defined his single executive power, his power is only lawfully managed and controlled when he complies with the rules of Congress. Only Congress, not the President, may decide the rules. The President may not craft any rule stating how his power may or may not be created. If the President does not wish to comply with any rule of Congress, he may veto it, not sign it into law, and let the bill die if Congress does not override his veto.

The President may not create rules permitting him to exercise judgment on whether procedures do or do not violate the law; this is an exclusive judicial function. The resident may not create procedures outside what Congress has crated or delegated.

There is no power of the President to craft a military plan that is not supported by Congress; rather, Congress does not have to do anything. The President, in expanding combat operations with the required resources could be adjudicated of having ineffectively controlled the resources the Constitution only grants to Congress the power to make available for the President’s sole power: Executive. All tasks under Executive power are ministerial acts which Congress alone has the power to make rules; the President may not make secret rules or agreement defining his use of force as lawful, especially when Congress has no provided the resources to support that secret illegal effort.

Congress alone has the power to execute laws using the militia. When the President defies the laws, Congress has the power to use the militia to compel the President to appear before Congress to account for (a) his illegal assertion of power; or (b) his failure to properly manage the limited resources Congress has given the President the opportunity to control and mange with his single power: Executive.

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Principles of Expansive View of Powers of We the People

POTUS may only express, assert as a personal right standards and rights he has fully enforced and protected for all. The President may not deny rights to some, but expect the same rights to be protected for him. We the People reserve the power and right to deny the President of any rights according to law, especially in retaliation for him not protecting similar rights for others.

Where records have been hidden or legal classifications changed without proper coordination with Congress, We the People may make adverse inferences related to ay conduct including war crimes, failures to assert the oath, mental competence, mal administration, bribery, high crimes, misdemeanors, or ay conduct which may warrant removal from office.

The President is forever denied the power to abuse power, especially when non-abuse is an option.

The President may not ask for new power or assert non-delegated power when all lawful delegated options and expressly delegated power has not been fully asserted, attempted, exercised in good faith.

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We the People reserve the right and power to exercise powers which our Representatives in Congress refuse to exercise. All delegated powers not asserted by Congress may be challenged as evidence of not fully asserting ones oath of office. We the People, despite vesting power with Congress, retain the power to assert powers which Congress refuses to assert, as required, under their oath to Protect the Constitution.

A delegation of power does not mean that the use/non-use of that power is up to who is delegated the power; rather We the People may exercise delegated powers when the Power should be exercised, but is not being exercised as it should.

We the People have the power to conclude the President is attempting to manage something that is illegal. Member of Congress refusal to remove the President for maladministration is a reasonable basis for We the People to prosecute Members of Congress for violations of their oath of office without regard to the timing of elections.

We the People delegated to Grand Juries the power to review evidence whether Members of Congress have or have not fully asserted their oath.

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Anything which is illegal is not properly managed and controlled. There is no connection between (a) illegal activity and (b) the single Presidential power in the Constitution.

The President may not assert because he is President the activity is or is not an illegal act. Legality is only what Congress through statute decides. If the President does not agree with the Congress he must veto the bill. Once the President signs the bill, he agrees to comply with Article 1 Section 7 which alone grants exclusive power to the Congress to define the rules and procedures with which that bill will or will not be enforced. The President has no power to issue signing statements to do what only Congress in Article 1 section 7 permits.

The Constitution does not grant the President any power to assert any Article 1 Section 7 or 8 powers; nor may the President point to his reckless employment of finite resources as evidence that the Congress has or has not fully supported or provided resources. Only Congress is the judge of what is or is not a fully supported army. We the People, when we choose our Members of Congress, have decided whether we will or will not support the leadership in that determination.

The President has no power to create contracts which rely on resources which do not exist; nor can the President craft an agreement to remain silent about illegal activity; nor may anyone legally rely on that agreement. All agreements to enforce silence about illegal activity are contrary to public policy; all agreements to impose retaliation on anyone for fully asserting the law, treaties, or laws of war is the basis for a war crimes prosecutor and foreign fighters to impose legally permitted consequences, punishment, retaliation, reciprocity, or like abuses.

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The President may not assert multiple powers. He has only one power: Executive. The President has only discretion to engage in Constitutionally permitted activity, or do things which Congress has prescribed. The President may not assert new powers which violate his oath, Supreme law or Bill of Rights.

All assertions that the Constitutional language is debatable is a reasonable ground to conclude the President, Judicial Officers, and Members of Congress and engaged in Constitutional Malpractice. Judgment rests only with the Judicial Branch to define what the law means; the President has no power to assert what Congress does or does not mean.

The Congress has no power to assert his interpretation of the Constitution trumps anyone. The President my express his opinion which the Courts may or may not consider. The President has no standing to compel anyone to assent to any assertion of power which the Constitution only delegates to Congress, the Judicial Branch, or leaves open to We the People and the States to exercise. Without a compelling reason, We the People are not required to respond to any Presidential order which asserts powers not delegated; or relies on rules which Congress has not expressly crated through Article 1 Section 8.

We the People, through Congress, may revoke any and all delegations of appointment powers granted to the departments, President, or judicial branch; and remind Congress that the appointment Process is one that Only Congress will exercise.

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The President has no role and no power to improperly manage troops. We the People did not delegate him the power to mismanage wars, or wage illegal war, or ineffectively use finite resources for military objectives beyond what Congress intended to support. Unless Congress provides resources, the President cannot raise an army; nor can the President do what Congress has refused to support: Finite, defined resource allocation. Whether the President illegally uses those forces; or squanders them is not a power he has the discretion to exercise.

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Without a declaration of war, there is no war, and the President is not commander in Chief. When Congress calls the troops into action, the President is assigned the Executive Title Commander In Chief, but this is not a new power, but an Executive Power: The responsibly to properly manage the finite resources Congress has made available.

Article 1 Section 8 grants only to Congress to support military. Congress cannot delegate to the President discretion to make secret rules or make war which violate the law. The President may not make secret rules or findings of fact which permit him to use force contrary to Congressional intent in Article 1 Section 7.

When Congress is aware of illegal activity but refuses to prevent it as required in the enforcement mechanism, We the People may conclude the Congress and President have agreed to an illegal rebellion against the Constitution.

Congress has the exclusive powers [plural, unlike the President] to make all rules related to all other powers granted to the United States, and the single power granted to the President: Executive.

Executive orders which employ troops without adequate support amounts to Presidential maladministration of finite resources only Congress has the power to raise. It is irrelevant whether Congress did or did not delegate rule making responsibility; the rules may not be contrary to the Constitution, nor create new powers the Constitution has not expressly delegated to the President – his single Executive power.

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We the People grant power with the stipulation that non-exercised powers, when they should be exercised, may be exercised by We the People. Where the Judicial branch fails to exercise judgment in striking down illegal laws, or refusing to enforce illegal statutes, we the People may exercise judgment in lawfully gathering evidence and compelling Members of Congress to remove that judicial officer; if the Congress refuses, We the People may lawfully gather evidence to have that Legislative Official removed from office.

All legislative powers not exercised are derived from We the People. The President has no power to exercise powers delegated only to the Congress. Granted powers, when not exercised or not left unusable; We the people are not prevented from taking ownership of non-exercised powers; or from punishing those who refuse to assert power to preserve the Constitution.

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We the People judge signing statements are illegal. Only Congress in a bill can make statements on rules and limitations. Article 1 Section 7:

According to the rules and limitations preserved in . . . .[the] bill

Issues of power, which are not expressly mentioned in the Constitution, cannot be claimed by the President to be inherent, but are outside the Power of the President to define, self-delegate, create, assert, or not-assert.

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____ Whose problem is it when the President uses inadequate forces?

The President has the responsibility to mange. The President may not lawfully do what is illegal, impossible, unworkable, does not exist, or is inadequate.

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Amendment enforcement [13, 14, 15, 19, 23, 24, 26] is an exclusive power of Congress with legislation. The President has one power to mange the laws Congress enacts – Executive Power. The 18th Amendment grants the powers to the Congress and States.

The Congress shall have power to enforce this article by appropriate legislation

When the President refuses to enforce the law, the Congress has the power to punish the President with impeachment. If the President, despite not enforcing the law, is not punished, Members of Congress may be legally prosecuted for having not fully asserted their oath, and immediately removed from office.

The 14th Amendment grants to all citizens the right to have the laws equally enforced. If the President puts himself above the law, he may not legally enforce the law against anyone else. This is an impermissible destruction of the Constitution requiring enforcement of the law, not lawlessness.

Without law, the President is not lawfully exercising his duties. Keeping activity outside Congressional oversight and review is not the answer.

Contracts and subcontractors in an Executive Department. All laws of Congress attach to anything to the US government pays for, uses, or employs regardless the purpose, location, status, or legal standing.

The President may not lawfully hide beyond Congressional rules forces which indirectly do what is not lawful; nor use methods which Congress has not legalized; nor employ resources which do not exist. All expenditures, as required under Article 1 Section 9, must be for lawful things. Illegal war and inadequate resources are not a lawful pretext for the President to create power, do what is not prudent, or mismanage finite resources only Congress has the power to create, provide, or support.

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The President may not credibly assert an expansive view of power when, despite that assertion of power, he ineffectual, unable to achieve results, or impose consequences on others for failure of this view of power to achieve results.

We the People can create new power to checks this abuse.

It is abuse when the President asserts non-delegated power, regardless the uniformity, selectivity, or inconsistency of that assertion of non-delegated power. When the President denies applicability of a rule, construct, standard of evidence, this is abuse.

All Presidential theory justifying expansive views of Executive power are questionable, dubious and not credible until the President justifies confidence that this expansive assertion of power is lawful. We the People may rely on the same convoluted logic to assert our factions to directly clash with the President on the political landscape. It is not presumed the President’s actions are lawful or correctly reported as lawful.

All non-delegated assertions of Power are presumed illegal until affirmed as lawful powers.

Silence, inaction by the Supreme Court is not an affirmation of non-delegated powers. We the People reserve the right to check what the Supreme Court and Congress refuse to comment.

Exercise of non-delegated powers does not crate lawful precedent or lawful custom.

Exercise of non-delegated power ad lack of challenge does not legalize a non-delegated power. We the People may remain silent while non-delegated power are abused, and evidence is collected.

We the People retain the power to, after centuries of silence, speak about a power We the People have retained, and retroactively remind Congress, the President, and Judiciary that this Power has been in existence and all US government action contrary to this higher power is not lawful.

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The President may not lawfully wage war.

Plans disconnected from reality amount to a failure to mange what does not exist – inadequate troops relative to the proposed Presidential use. Congress has no responsibly to support what Congress does not want to support. Congress cannot be compelled to do something which is impossible: prevent foreign fighters from opposing illegal, reckless, and mismanaged combat operations and reconstruction efforts.

Where there is maladministration --- employing inadequate military resources for specific combat operations -- is not prevented, it will continue. Congress has no power to permit maladministration; rather, Members of Congress may be legally prosecuted for having not compelled the President to properly manage the finite resources only Congress has been delegated the power to exercise.

Each subsequent example of maladministration of finite combat resources is not a new crime, but self-evident maladministration. Additional evidence of Presidential recklessness and lack of control of executive power is secondary when the maladministration is a foregone conclusion.

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Forces, material, and other things related to combat may only be lawfully called into service for lawful reasons. Where the objective is not lawful, the calling into service is also illegal; and the asserted Presidential war-time power is invalid. The President may not make illegal war.

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Doctrine of Legislative Malpractice

This is a doctrine of We the People to evaluate Members of Congress, and is a case within a case.

[a] Could the President have been removed if the laws were fully enforced in the Senate;

[b] Did the Member of Congress refuse to do what should in charging the President with a crime.

We the People may not reasonably wait until an election to lawfully remove from Office Members of Congress.

Stat laws may be drafted permitting indictment, removal of Members of Congress for legislative malpractice.

Grand juries, when examining oath of office violations, or allegations of US government official rebellion against the US Constitution, may view any evidence and decide whether the evidence warranted removal; but the Member of Congress did not do what they should have done – charged the President with a crime; or convict the President of a crime.

We the People reserve the right to use grand juries and prosecute Members of Congress for failing to assert their oath and preserve the Constitution its superior state: When Members of Congress refuse to challenge assertions of non-delegated powers.

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Geneva and Treason

Levying war requires a declaration of war and overt acts. We the People, through the Geneva Conventions, may lawfully recognize the inherent power and right of foreign fighters to challenge on the battlefield reckless US government operations.

We the People may not lawfully wage war under this Constitution.

Only Congress has the power to declare war.

Geneva is a treaty which recognizes the US government approval to others to like wage war and abuses when the US government violates the laws of war. Beliefs about Geneva and what foreign fighters are permitted to do are not overt acts, but statements of belief about what is permissible under the laws of war.

We the People may not delegate a power which is illegal – the illegal power to wage war against the US government. However, we also have no power to prevent foreign fighters from doing what we, through treaty, have recognized they have the power to do: Wage war using like abuse, reciprocity, and retaliation for original wrongs by the US government.

A formal statement of fact or conclusion of law or belief about what is or is not possible is only one element of treason and levying war – a declaration. No one may be credibly prosecuted for waging illegal war when the war is lawful; or there is no overt act to wage illegal war.

We the People may delegate enforcement of the laws of war to any foreign fighter when the US government refuses to assent to the laws of war; violates the laws war; or refuses to recognize judicial oversight and sanctions for the original wrongs.

We the People may take any and all lawful action not preserve, protect, and defend the Constitution against US government official rebellion when their leadership, lack of enforcement, or disregard for the Constitution undermines the Constitution or refuses to enforce the Constitution.

It is not lawful for US government officials to support any action to dissuade enforcement of the law; or assent to illegal conduct; or permit assertion of non-delegated power. An exclusive delegation of power does not mean all others – including We the People – must be silent on whether that power is or is not abused. No President may abuse his power, regardless the asserted theory, justification. The President has the responsibility to control and manage his use of his finite, single power: Executive.

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Rebellion exists when the rule making authority and Constitution are no longer in concert. The oath is clear: The Constitution must remain in its superior state.

People may not put themselves above the law nor define powers at odds with the Constitutional delegation.

No US government official may compel We the People to cooperate with illegal rebellion or insurrection against the Constitution, however artfully it is crafted, regardless the promises of immunity. This promise impermissibly allows for the Constitution’s destruction.

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We the People, either through Acts of Congress, or in Grand Juries decide:

___ Whether someone has engaged in insurrection or rebellion; or

___ When the disparity exists between the oath’s requirements and US government official.

Action against the US Constitution may or may not be against the US Government. The US government may illegally be in contravention to the US Constitution.

We the People reserve the right to compel the US government to align itself with the requirements in the US Constitution under lawful threat of creating a New Constitution.

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Presidential Abuse of Power: Illegally Asserting Article 1 Section 8 Powers

The President has no power to use a precedent of asserting non-delegated powers as precedent to defy the Constitution.

Only the Congress has the Article 1 Section 8 powers of definition, rule making, clarification, guidance.

Where there are insufficient resources, The President must manage what he has, not what he says Congress should support or provide. The President is not delegated the power to wage a larger, illegal war beyond what Congress is supporting or has supported.

A plan disconnected from resource requirements and put into effect is evidence of maladministration; the resulting disaster self-evidently confirms the illegal maladministration and failure of the President to effectively control finite resources.

Only Congress is granted the power to regulate Commerce. The President may not legalize the transfer of anything through contract supporting illegal warfare.

The President has no power to make inferior tribunals; only Congress has the power to compose and establish tribunals related to prisoners. The rules, procedure, and protections must be consistent with Geneva, or foreign fighters may ignore the same standards the US ignores; or stifle full enforcement of standards the US refuses to fully enforce. The President may not create new rules; nor rely on unrelated rules to avoid Congressional rule making.

The President has no power to appoint what only Congress can appoint; or put into effect what the Constitution does not permit or prohibits.

Only Congress has the power to make rules and law. The President cannot make laws or change laws in a signing statement.