Constant's pations

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

Wednesday, January 17, 2007

Inherent Powers of We the People

We the People may legally do things that Congress is prohibited.

The President is not a happy clerk, with his sole power to defend himself.

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Do you remember the list which might inspire the President to appreciate the Constitution? Visit.

This expands on that.

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Congress is denied the power to do many things;

We the People are not denied the power to do what Congress cannot; and

We the People reserve the right and power to do to the President what Congress has been expressly denied the power to do to We the People.

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We the People may conclude the President and Congress are in illegal rebellion; and may legally cooperate to end this illegal insurrection against the Constitution.

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We the People may compel the President to perform all “shall” requirements.

Article II Section 3: The President “shall take care that the laws be faithfully executed.”

The Constitution expressly delegates the judicial power to the courts. The President has no input to whether the courts do or do not review a legal matter. The President is denied, and was never delegated, any power to have any input to whether the Judicial power may or may not extend to any matter. The Constitution alone, not the President, is the only controlling authority whether something is or is not reviewable by the Courts.

The President is denied, and was never granted any power to “allow or not allow” something that is required. The President has no discretion on the law; and he may not lawfully leave the impression that he has discretion where there is no discretion; nor that he is permitting someone else to do something that others had the power to do; nor that he has an ability to impact a decision outside his power to affect, influence, or change.

Any statement the President makes in a signing statement pretending that he has power where he does not is contrary to the doctrine of separation of powers; and may be introduced to the war crimes prosecutor as evidence of his refusal to fully comply with required judicial review of his actions.

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5 USC 3331 is the basis for a Grand Jury and the State Attorney Generals to enforce the oath of office against Federal Officials.

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Members of Congress and the President who refuse to assert their oath can be prosecuted.

We the People do not have to wait until an election to lawfully remove from office a Member of Congress who refuses to fully discharge their oath, requiring them to fully preserve the Constitution.

It is up to a Grand Jury to decide whether the Member of Congress has or has not met their legal obligations. Adverse inferences can be made.

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Article 1 Section 9 lists things Congress is not allowed to do.

We the People may apply this list to US government officials.

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We the People may pass retroactive rules, outside Congress, and find any reason to punish through contract, agreement, or any reason Members of Congress, the President’s staff, or anyone who violates the law, or induces others not to fully enforce the law.

These are lawful agreements. It is illegal for Stimson to target anyone if they are fully enforcing the Geneva Conventions.

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We the People may issue guidance documents, outside Congress, to assist Grand Juries in making adverse inferences about whether Members of Congress are or are not fully asserting their oath.

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We the People may show preference, and diminish the rights of US government officials.

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We the People may arbitrarily define an immediate danger. We may lawfully make contractual agreements when their intention is to punish those who violate the law; and reward those enforce the law.

We the People may make adverse inferences when Members of Congress and Executive Branch employees do not timely cooperate. We may make adverse inferences about whether someone has or has not committed a felony. This is for the Grand Jury to decide using any judgment they deem appropriate.

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We the People may apply any standard the President has crafted in a signing statement; and impose like standards on any performance requirement to the US government officials.

Where US government officials refuse to meet these standards, We the People are not required to engage in contracts.

US government officials, Executive Branch personnel, and Members of Congress who refuse to meet these standards may or may not be able to find people who will freely engage in contracts.

We the People reserve the right to refuse to contract with any US government contracting officer who is not fully supported to enforce the law. Where US Government officials show a pattern of retaliation against contracting officers, We the People are not required to contract. We have other options. The US government has no power to compel anyone to sign contracts which require We the People to surround ourselves with incompetent, lazy, reckless US government officials who defy their oath.

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We the People may inter alia:

Create our own courts outside US government influence, control, or power;

Agree not to contract with the US Government until the US government enforces the laws uniformly against the President; without uniform enforcement of the law, there is no Republic;

Distinguish between the President, a citizen, and US government officials;

Establish a Religion of Competence which all US government officials shall be required to practice; until a demonstration of this religion is shown, no American citizen is required to contract with that non-affiliated Religion of Competence;

Prohibit the President, who is not a citizen but a creature of the Constitution, from exercising free speech where we choose for whatever reason;

Deny the President the right to travel to selected areas which we may or may not enforce at any time or provide advance notice;

Impose servitude through the Grand Jury process on the President for punishment as permitted under our rules;

Impose excessive fines, trials, and other burdens on the President, as permitted under our rules;

Conduct slow trials in private where the President is not able to publicly comment;

Subject to the President to arbitrary, unreasonable searches anytime he travels, approaches a protected sight, or otherwise does something arbitrarily offensive

Issue warrants against the President without probable cause

Hold the President under the laws of war without access to trial; expose him to double jeopardy; and deny him due process.

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Only Congress is prohibited from doing these things. We the People are not prohibited from doing something which the President does not provide to all prisoners.

Anything any prisoner has been forced to endure, the President may be required to endure.

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The President is not a citizen in terms of being a person; but he is, as President, a creature which We the People, outside Congress, may make and enforce rules imposing arbitrary hardship.

The President cannot compel anyone to cooperate with his illegal activity. He may be able to convince some to respect him; but We the People are not required to cooperate or grand the President any respect, nor recognize his rights as a person – Only Congress is required to do that.

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We the People are not required to recognize power which has not been delegated.

We may define “due process for the President” to be no better than the worst conditions applied to prisoners.

Because the President, as a person, is not the same as the President as the Office, States are not required to show respect to due process for the President as an office; only to the President as a person.

We the People may make new rules in our legislatures which only recognizes the express delegation of one power – Executive – and denies any recognition of any other phony power Addington, Yoo, Gonzalez, or Bybee have manufactured.

We the People may make rules, outside Congress in our legislatures, which deny the President of all his immunities which are contrary to States’ rights or outside what the Constitution expressly delegates; nor recognize things – fictional powers beyond his single Executive power -- that he would like to pretend are real. These powers are illusory.

Where the Congress refuses to enforce the law; we the People are not required to restrain ourselves and not do only what the Constitution prohibits of the Congress. The Constitution is a requirement, which we are minimally required to construe applies to the President; where the Constitution does not expressly delegate a power, We the People are not required to respect any effort to enforce those illusory, non-delegated, illegal, and other things which belong to We the People, Legislature, Judiciary, or other things outside the Executive branch.

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We the People and all Grand Juries retain the inherent right, power, and privilege to make adverse inferences: If the President attempts to hide a document, writing, or other communication related to an assertion of non-delegated power, that assertion of privilege is not lawful; and all delays related to hiding that information may be adversely concluded to be evidence of criminal activity, obstruction of justice, illegal violations of the Constitution and laws of war.

The President is denied the power and right to assert Executive Privilege for matters related to non-Executive Powers; The President is denied the right and privilege to assert any immunity for his assertion of non-delegated powers. All communications, writings, or other transmissions of information related to these assertions of non-delegated legislative or judicial powers are admissible, cannot be shielded; and the President is expressly denied the right to assert Legislative or Judicial Privilege for non-Executive-related activity or assertions of power.

We the People retain the right and power to conclude, using any lawful means we desire or choose, that the President’s coordination with his staff, related to assertions of non-delegated Judicial and Legislative powers, is related to illegal activity; and that all documents, writings, and decisions are not protected because they are unrelated to lawful executive power, but illegal assertions of non-delegated Legislative and Judicial power.

We the People reserve the right and power to lawfully remind the President that he has only one delegated power: Executive; and that all other assertions of power with Addington’s coordination, are arguably illegal, and evidence of his assertion of non-delegated powers.

We the People retain the right to lawfully review, seize, and detain any writing or thing that the President may have used to illegally hide, using illusory Legislative-Judicial Privilege, evidence of his illegal conduct; or assertion of his non-delegated powers.

Each rule the President refuses to respect, or other thing he asserts in a signing statement might expand his power, we the People retain the right and power to use any lawful means to remind the President that this assertion of anything in a signing statement is an illegal assertion of Legislative and Judicial powers.

We the People retain the right and power to create new powers for We the People which may include lawfully intruding on the President’s rights, his liberty, as a creature of the Constitution. If he is interested in the Constitution, he should respect the law as it is; not selectively ignore the law, pretending it does not apply. Only Congress is prohibited from making adverse laws; We the People are not prohibited from making new rules, outside Congress, which permit these lawful intrusions, examination, and questions.

We the People retain the right and power to ignore, where Congress requires, a showing of any respect, cooperation, or anything which Congress alone agrees to do. Congress may or may not wish to do something. We the People are not required to cooperate with illegal Congressional activity that remains complicit with unlawful warfare.