Wednesday, August 10, 2011

ARTICLES OF FREEDOM PART ELEVEN ARTICLES 11, 12

tion.
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ARTICLE 11.
PUBLIC DEBT AND ARTICLE 1 OF THE CONSTITUTION11
A. BACKGROUND AND STATEMENT OF THE FACTS
WHEREAS, We, the Delegates, assembled as Continental Congress 2009, desire to express our deepest concerns relative to the uncontrolled and unconstitutional spending of Congress; and,
WHEREAS, irresponsible spending by Congress without regard to the Supreme Law of the Land is unconscionable;
This document presents our concerns over the accelerating accumulation of unconstitutional and uncontrolled public debt. Moreover, we demand the extinguishment of this monstrous mountain of debt, which has been created because of government officials' blatant disregard of their Oath of Office to uphold the Constitution and the principles of our American Republic. Due to their lack of understanding, most Americans are not knowledgeable about the Founding Principles of our Constitutional Republic. Congress continues to accumulate this heavy burden without regard to our Constitution. Therefore listen to the warning voices of our Founders on this critical subject.
“Indeed, we cannot too often inculcate upon you our desires, that all extraordinary grants and expensive measures may, upon all occasions, as much as possible, be avoided. The public money of this country is the toil and labor of the people… reasonable frugality ought to be observed. And we would recommend particularly, the strictest care and the utmost firmness to prevent all unconstitutional draughts upon the public treasury.” Instructions of Braintree, Massachusetts to their legislative Representative, 1765.
“As a very important source of strength and security, cherish public credit… use it as sparingly as possible… , avoiding likewise the accumulation of debt… in time of peace … discharging the debts which unavoidable wars may occasion, not ungenerously throwing upon posterity the burthen which we ourselves ought to bear.” George Washington, Farewell Address.
“Persuaded, as the Secretary is, that the proper funding of the present debt will render it a national blessing, yet he is so far from acceding to the position, in the latitude in
11 Learn more about the subject matter of this Article. Read CONSTITUTION. Read the PETITION to the Federal Court regarding the unconstitutional $85 Billion bailout of AIG in 2008 and Decision. Read the PETITION to the Federal Court regarding the unconstitutional $700 Billion bailout of the U.S. Financial Industry in 2008 and Decision. See the related CC 2009 video presentations: Robert L. Schulz, Chairman, We The People Foundation for Constitutional Education, Inc. – We The People lawsuits against the $85 Billion AIG and $700 Billion Bailout; and Tom DeWeese, First Delegate from Virginia- reading the submission from Dr. Edwin Vieira, Declaration that all Unconstitutionally Incurred Public Debt of the United States is Void and Enforcement Thereof.
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which it is sometimes laid down, that “public debts are public benefits”—a position inviting to prodigality and liable to dangerous abuse—that he ardently wishes to see it incorporated as a fundamental maxim in the system of public credit of the United States, that the creation of debt should always be accompanied with the means of extinguishment. This he regards as the true secret for rendering public credit immortal.“ Secretary of Treasury Alexander Hamilton, First Report on the Public Credit, 1790.
“The issuing power (of money) should be taken from the banks, and restored to the people to whom it properly belongs.” Thomas Jefferson.
Our Founding Fathers have sent us a message of warning over the centuries of continuing the present policy on public debt. Suffice it to say, we need to stop our overly burdensome, frivolous constitutional and/or unconstitutional spending now. In times of such severe debt, discretionary spending is unacceptable. Therefore we acknowledge that debt is a merciless master to which we will not submit.
Therefore, the Continental Congress 2009, recommends that within 60 days after the general recess of Continental Congress 2009, citizens be selected from the several States, thoroughly familiar with all the Constitutional Principles relevant to the validity of the public debt of the United States, to come together for the purpose of reviewing the validity of the public debt as authorized by law and for the purpose of preparing a comprehensive report of their findings. This report is to be completed within 120 days of the selection of the individuals. The citizens shall study, determine, and prepare a report with respect to which of the alleged “public debts of the United States” are void and/or voidable under two principles of law, namely:
(i) Under the doctrine of the Supreme Court’s decision in Craig v. Missouri, 29 U.S. (4 Peters) 410 (1830). All contracts, agreements, or other arrangements in which any part of the consideration consists or consisted of the emission of unconstitutional “bills of credit” through or under the auspices of any Federal Reserve Bank, “member bank”, or “depositary institution” within the Federal Reserve System are void ab initio and unenforceable in any court of the United States or of any State.
(ii) All alleged “public debts” of the United States, howsoever made and in whatever form, that have been incurred for the purpose of raising revenue to be expended from the general fund of the Treasury in payment of costs arising under a particular budget of the United States are void ab initio and unenforceable in any court of the United States or of any State in the same percentage that the unconstitutional programs, activities, or expenditures in that budget bear to the total programs, activities, or expenditures therein. Every lender must be presumed to know the constitutional limits on the expenditures of money the general government borrows, to the same extent that every official of that government knows those limits. So, if a lender extends a loan to public officials, knowing that his loan will be used for unconstitutional purposes, or with willful blindness to or reckless disregard of the unconstitutionality of those purposes, he is thereby a participant in a fraud against the American people. And for the repayment of such a loan, the American people cannot be held liable.
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B. REMEDIAL INSTRUCTIONS TO CONGRESS
WHEREFORE, we, as a Body of Delegates constituting the Continental Congress 2009, hereby instruct our elected representatives to:
1. Cease unconstitutional spending; cease irresponsible spending;
2. Limit the spending to those items as enumerated in Article I, Section 8 or as otherwise specifically authorized by the Constitution;
3. Order the Federal Reserve to re-acquire all of its assets from all foreign banks including the IMF;
4. Order the Federal Reserve to transfer all said assets to the Treasury of the United States;
5. Hold the majority of its reserves in gold, silver or other metal classified as precious in a secure location within the borders of the contiguous forty-eight United States;
6. Repeal and Rescind legal tender laws and not interfere in any way with any private medium of exchange, private script or currency that may emerge;
7. Repudiate any and all public debt that has been unconstitutionally acquired;
8. Preclude the confiscation of any private ownership of gold or silver or any other precious metal (analogous to the confiscation of gold and silver by President Roosevelt, 1933);
9. Preclude the confiscation or prohibition of any private medium of exchange, private script or currency that may emerge;
10. Preclude the adoption of any laws, orders, or directives prohibiting the use of or any private medium of exchange, private script or currency that may emerge;
11. Unmask the deceptive practice of placing some authorizations /appropriations in a hidden off record account and direct specific accountability for all expenditure;
12. Tighter auditing of expenditures to preclude the unaccountable loss of untold billions of dollars;
13. Implement the immediate investigation of the loss of any funds and to begin the immediate prosecution of all persons suspected of involvement or association with the loss;
14. Repeal the Federal Reserve Act and all laws pertaining thereto; and
15. Do not enforce federal income tax withholding laws; rather, adopt legislation requiring that individuals provide any taxes due directly to the federal government.
Further, it is the consensus of the Delegates to Continental Congress 2009, that members of Congress have the inherent and moral responsibility to abide by its tenets, as attested to by their having signed the Oath or Affirmation of Office as required by the U.S. Constitution Art. II Sec. I, and Art. VI.
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“Oaths in this country are as yet universally considered as sacred obligation, that which you have taken and so solemnly repeated on that venerable spot, is an ample pledge of your sincerity and devotion to your country and its government.” John Adams
In 1969, the Congress-approved national debt was 286 billion dollars. As a result of congressional irresponsibility, that debt has grown to over $12,100,000,000,000 (trillion), which means that every child born in this nation is instantly shackled with a debt of more than $39,000.00. This means that most families have an annual debt that far exceeds their income. (See chart below) Moreover, various authorities have suggested that the true “public debt” is over $106 trillion dollars. This larger amount represents the inclusion of unfunded liabilities, such as Social Security, prescription drugs, Medicare, off-records appropriations, and unconstitutional spending, etc.
Personal National Debt
Year
Debt
Population
Personal Debt
2020
24 Trillion*
342 Million
70,000
2008
12.1 Trillion
303 Million
40,000
2000
5 Trillion
281 Million
20,000
1980
908 Billion
226 Million
4,000
1969
286 Billion
179 Million
1,900
* This number was based on the best estimate available
C. REMEDIAL INSTRUCTIONS TO EACH OF THE SEVERAL STATES
It is the belief of the Continental Congress 2009 that our States are being directly and indirectly impacted by the public debt created by Congress. The theft of our finances to pay for unconstitutional and irresponsible constitutional spending on the part of Congress impacts the economy of every individual. The uncontrollable spending by Congress effectively steals monies that could otherwise be used for personal growth by the citizens of the various States, thereby creating a welfare/socialist/fascist State, where the citizens look to Washington D.C. for every aspect of their lives.
When the States’ pattern their financial policies after the federal government, the result is an increase in taxes on the citizens, thereby exacerbating the People’s burdens. Therefore, we instruct the several States to:
1. Reassert their rights, expressed in the 10th Amendment to act autonomously;
2. Refuse to accept any Federal Reserve Notes;
3. Refuse to give to the federal government any funds that could be used for un-Constitutional spending.
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D. RECOMMENDED CIVIC ACTIONS BY THE PEOPLE
The Delegates to Continental Congress hereby express our deepest concerns relative to the uncontrolled and unconstitutional spending of Congress and issue the following urgent notice to all American Citizens:
Our government has plunged us into debt through excessive and senseless spending. Repayment of the portion of this debt, that cannot be liquidated by sale or seizure of public property, or by other means, indicates that it will fall upon us in the form of taxes (including the hidden tax of inflation). In one way, or another, the wealth that is taxed is created by the labor of the people.
THEREFORE, we recommend to the people the following to begin the correction of our economy:
1. If your State has engaged in irresponsible spending resulting in a large public debt, we recommend that citizens instruct their government to cease those practices;
2. Increase our power to produce by increasing our education level; keep our eyes open for changing dynamics and look for new opportunities; learn and develop new crafts/skills; and learn how to create more value for more people;
3. Learn how to be self-reliant rather than government-dependent. Any benefit that the government provides to one individual must be taken from others;
4. Increase your savings by selling fiat currency and buying hard assets; eliminate all forms of personal debt.
5. Introduce the principles of barter and alternative media of exchange and educate your local community;
6. Businesses are encouraged to begin accepting gold or silver as a viable payment for commodity and service exchanges;
7. Work with local businesses to implement an alternative local bartering system or establish a local private medium of exchange;
8. Only vote for candidates for office who are true Constitutionalists and who are committed to reducing government spending and borrowing;
9. Encourage elected State officials to return to the gold and silver standard; pass “sound/honest” money legislation to provide a competing currency to the existing fiat currency;
10. Share the information contained in the Continental Congress 2009 documents with your State legislators, county and local officials, and the media.
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ARTICLE 12.
WAR POWERS AND ARTICLES 1 AND 2 OF THE CONSTITUTION12
A. BACKGROUND AND STATEMENT OF THE FACTS
WHEREAS, the Constitution for the United States of America clearly grants Congress the exclusive power, “to declare war, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water” (Article 1, Section 8, Clause 11); and
WHEREAS, Congress may not delegate this power under any circumstances unless the Constitution is amended (Article 5); and
WHEREAS, the Constitution also clearly declares that the President serves as a Commander-in-Chief only when called into service by Congress during times of invasion or rebellion (Art 2, §2, cl.1); and
WHEREAS, only Congress can initiate war and the President merely executes and administers it; and
WHEREAS, history has proven that war powers are invariably abused when left in the hands of one individual; and
WHEREAS, all war activities should be for the sole purpose of national defense (Art 1, §8, cl.1); and
WHEREAS, the Citizens of the several States and the United States of America have been subjected to a series of declared national emergencies beginning with Executive Order #1 issued by Abraham Lincoln on April 15, 1861 and reactivated by Franklin D. Roosevelt and Congress in 1933; and
WHEREAS, these declared states of emergency, many of which have continued uninterrupted to this day, have given successive Presidents a multitude of autocratic powers; and
12 Learn more about the subject matter of this Article. Read the WAR POWERS Clauses. Read the PETITION for Redress of Grievances Relating to the Application of the Armed Forces of the United States in Hostilities in Iraq Without a Congressional Declaration of War. See the related CC 2009 videos: Dr. David Adler, Professor of Political Science, Idaho State University, author- The History, Meaning, Effect, Significance and Violations of the War Powers Clauses of the Constitution.
Additional resources for consideration: Petition to the Federal Court Regarding the Unconstitutional Bombing of Kosovo. Dismissed by the Court for “lack of standing.”
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WHEREAS, Senate Report 93-549, War and Emergency Powers Act, 1973, 93 Congress, 1st Session states, in part:
“These proclamations give force to 470 provisions of Federal law. These hundreds of statutes delegate to the President extraordinary powers, ordinarily exercised by the Congress, which affect the lives of American citizens in a host of all- encompassing manners. This vast range of powers, taken together, confer enough authority to rule the country without reference to normal Constitutional processes…
“Under the powers delegated by these statutes, the President may: seize property; organize and control the means of production; seize commodities; assign military forces abroad; institute martial law; seize and control all transportation and communication; regulate the operation of private enterprise; restrict travel; and, in a plethora of particular ways, control the lives of all American citizens… “Over the course of at least the last 40 years, Presidents have had available an enormous-seemingly expanding and never-ending -range of emergency powers. Indeed, at their fullest extent and during the height of a crisis, these ‘prerogative’ powers appear to be virtually unlimited…Because Congress and the public are unaware of the extent of emergency powers, there has never been any notable congressional or public objection made to this state of affairs. Nor have the courts imposed significant limitations.” [emphasis added]; and
WHEREAS, the 1973 Senate report also expresses concern that in our current state of emergency, we could end up with a totalitarian state:
“If the President can create crimes by fiat and without congressional approval, our system is not much different from that of the Communists, which allegedly threaten our existence…The enormous scope of powers…is a time bomb.” [emphasis added]; and
WHEREAS, Congress has repeatedly violated its war powers through a long series of unconstitutional acts, resolutions and other actions, starting with the Emergency Banking Systems Act and the Agriculture Adjustment Act of 1933, resulting in massive unconstitutional powers to the President; and
WHEREAS, the power to both declare and conduct war is thus in the hands of one man resulting in decades of unjust wars with enormous loss of life and expense while being propagandized as patriotism; and
WHEREAS, The Supreme Court in the Guantanamo line of cases (2008), acknowledged that the U.S. has been under War/Emergency Powers, (Military Commissions Act) depriving detainees of their Constitutional due process/habeas rights (the court preserved Judicial Review of the Constitutional Law claims, and effectively strengthened standing to state a claim in federal court); and
WHEREAS, Congress and past Presidents have persisted in violating this clause by unconstitutionally sending advisors, troops, and/or money, equipment, and other support to aid foreign nations in “wars”, conflicts, police actions, and covert activities, including, but not limited to, Korea, Vietnam, Somalia, Haiti, Kuwait, Kosovo, Iraq, and Afghanistan without a lawful congressional declaration of war as stated in Article 1, Section 8 of the U.S. Constitution; and
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WHEREAS, Congress and the President have engaged in non-defensive military actions by committing U.S. troops in over 130 countries throughout the world, engaging us in foreign entanglements and fomenting animosity and reprisals; and
WHEREAS, Congress and the President have abused their power by committing U.S. troops to serve as mercenaries in foreign conflicts under the auspices of the United Nations.
THEREFORE,
B. REMEDIAL INSTRUCTION TO CONGRESS AND THE PRESIDENT
Never again engage the United States in any military conflict except for the common defense; the United States must never again engage in pre-emptive war.
C. ADDITIONAL REMEDIAL INSTRUCTIONS TO CONGRESS
We demand Congress reclaim Its exclusive Constitutional Power to declare war:
1. Repeal all acts, executive orders, and resolutions pertaining to the delegation of any war powers to the President;
2. Cease to fund any and all pre-emptive or offensive military activities throughout the world within twelve months after receiving this document;
3. Comply with all of the war powers provisions in the Constitution as originally written and adopted, never again allowing any American troops to be committed for any reason except in accordance with the Constitution;
4. Impeach any President who initiates military activity without a lawful Congressional Declaration of War as stated in Article 1, Section 8 of the U.S. Constitution;
5. Return jurisdiction of National Guard troops to their respective States; enabling the States to revitalize their own militias.
6. Repeal all Emergency Powers Acts and their associated provisions in federal code within a six-month period.
D. ADDITIONAL REMEDIAL INSTRUCTIONS TO THE PRESIDENT
1. Cease and desist now and never again take any military action in any form without a lawful
Congressional Declaration of War as stated in Article 1, Section 8 of the U.S. Constitution.
2. Withdraw U.S. troops from all countries throughout the world within a period of twelve (12)
months after receiving this instruction.
3. Instruct all military commanders and leaders to keep their Constitutional Oath of Office by
refusing to execute any orders that may result in injury or loss of human life without a lawful
Congressional Declaration of War as stated in Article 1, Section 8 of the U.S. Constitution;
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4. Instruct all officers and enlisted men to keep their Oaths, of Office and Enlistment, by refusing to
obey any orders that may result in injury or loss of human life without a lawful Congressional
Declaration of War as stated in Article 1, Section 8 of the U.S. Constitution. We also encourage
officers and enlisted men to refuse orders to serve under a foreign or international power.
E. REMEDIAL INSTRUCTIONS TO EACH OF THE SEVERAL STATES
1. Instruct the U.S. Representatives and Senators to reclaim their exclusive constitutional power to
declare war by:
a) Repealing all acts, executive orders, and resolutions pertaining to the delegation of any war or emergency powers to the President;
b) Ending the funding of any and all offensive or pre-emptive military activities throughout the world within twelve (12) months after being served with this document;
c) Complying fully and strictly with all of the war powers provisions in the Constitution as originally written and adopted, never again allowing any American troops to be committed for any reason except in accordance with the Constitution;
d) Impeaching any President who initiates military activity without a lawful Congressional Declaration of War as stated in Article 1, Section 8 of the U.S. Constitution;
2. Immediately recall all National Guard troops and equipment;
3. Obey the Constitutional Oath of Office by refusing to commit any militia, equipment, or funds
that may result in injury or loss of human life without a lawful Congressional Declaration of
War as stated in Article 1, Section 8 of the U.S. Constitution;
4. Protest any military action by the President in any form without a lawful Congressional
Declaration of War as stated in Article 1, Section 8 of the U.S. Constitution.
F. RECOMMENDED CIVIC ACTIONS BY THE PEOPLE
The Continental Congress 2009 recommends the Citizens of each State take the following actions to help resolve the unconstitutional activities of our elected officials:
1. Encourage the people of each of the several States to become further educated and to build
coalitions of like-minded people into groups with sufficient numbers to instruct their fellow
citizens how to hold their public officials accountable;
2. Get to know your sheriff within your community and determine if he/she will hold public
officials accountable to their Oath of Office; let them know that you are there to help them and
support all lawful effort;
3. Work with fellow citizens within your county to form and conduct a lawful citizen’s Grand Jury
which are paneled and conducted according to the State Constitution;
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4. Participating in an unconstitutional war is militarism not patriotism. In the event of an
undeclared war, we urge all citizens to avoid supporting or participating in the war in any way,
including military service or weapons production. If just 10% of the population refused to fight,
the undeclared war would be unlikely to ever happen. We the People are the ultimate check on a
tyrannical government.

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