Thread: Our new Declaration of Independence

http://www.renewamerica.us/columns/janak/050819

this article is along the lines of "The UnConstitutional Transfer of Power" on July 30, 2005
http://www.alipac.us/ftopict-7537-un...transfer+power

Our new Declaration of Independence

Cynthia A. Janak
August 19, 2005


I knew this day was coming but I had hoped that we still had time. It is obvious to me that the time is now. In all the articles I have been writing about the UN I tried to lay out for you the plan of the elites of the UN. My latest article has been submitted and it deals with total gun control mandated by the UN and the definition of domestic terrorist that is in our Patriot Act.

CAFTA and NAFTA is the abomination of abominations to me. It strips us of our rights under our law and has made us subjects to a foreign power. With that this government is corrupt and by the rights of the people the elected officials of this government should be disbanded.

I do not know what to say, but it is the time to:

A Declaration of Independence for 2005

Preamble

When, in the course of human events, it becomes necessary for one people to dissolve the political bands which have connected them with another, and to assume, among the powers of the earth, the separate and equal station to which the laws of nature and of nature's God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation.

Theory of New Government

We hold these truths to be self-evident; that all men are created equal, that they are endowed by their Creator with certain unalienable rights, which among these are life, liberty and the pursuit of happiness.

That, to secure these rights, governments are instituted among men, deriving their just powers from the consent of the governed;

Than whenever any form of government becomes destructive of these ends, it is the right of the people to alter or to abolish it, and to institute a new government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to affect their safety and happiness. Prudence, indeed, will dictate that governments long established should not be changed for light and transient causes; and accordingly all experience hath shown that mankind are more disposed to suffer while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed. 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.

The Reasons for Separation.

Such has been the patient sufferance of these states: and such is now the necessity, which constrains them to alter their former systems of government. The history of the present government is a history of repeated injuries and usurpations, all having in direct object the establishment of an absolute tyranny over these states. To prove this, let the facts be submitted to a candid world.

The government has refused to assent to laws of the most wholesome and necessary for the public good.

This government has allowed illegal immigration into the states to go unfettered which imperils the security of the populace of the states.

The government has endeavored to prevent the population of the states; for that purpose obstructing the laws of naturalization of foreigners.

The government has obstructed the administration of justice by refusing to abide by the original Constitution and Bill of Rights enacted by the people of the United States.

The current Government of the United States of America is operating outside the constitution from which it derives it's just powers to govern, and as such have ceased to be a just and legal government.

The government has allowed the Judiciary to rule unjustly without regard for the Constitution and the Bill of Rights of the people of the United States.

The government has allowed the Congress to erect a multitude of new offices and agencies, and sent said officers to harass our people and implement taxes to take away their substance.

The government has allowed the confiscation of personal property by redefining eminent domain to mean personal profit and more taxes to local government.

The government has denied freedom of speech and freedom of religion to certain religious groups in the states.

The government has enacted laws that deny the freedom of speech in private conversations as hate speech if held in a public place.

The government has enacted laws that tax the people without the consent of the people of the states.

The government has allowed the Judiciary the power to murder the lesser of us by the removal of sustenance.

The government has combined with others outside of the United States to subject us to a jurisdiction foreign to our constitution and unacknowledged by our laws, giving assent to their acts of pretended legislation:

For limiting our military effectiveness by decreasing our military forces both in the states and in foreign lands.

For imposing taxes on us without our consent

For the passage of trade agreements with foreign governments where the sole benefit is for those governments and corporations and not the states.

For the passage of agreements with foreign governments where the purpose is to subjugate the citizens of the United States of America to the laws of a foreign power, namely the United Nations.

For taking away our charters, abolishing our most valuable laws, and altering, fundamentally, our form of government.

For allowing a foreign entity, the power to legislate for us in all cases whatsoever on a global scale.

For allowing a foreign entity to limit our access to the seas for sustenance, research and travel.

For allowing a foreign government access to intellectual property which could be detrimental to the safety and security of the people of the states.

For allowing a foreign entity access to information as to the population and gross domestic product (GDP) of the states.

For allowing a foreign entity to subject the populace of the states to its foreign agencies laws and regulations.

For signing the Charter of the Organization of American States which upon this action the people of the United States became subjects of a foreign entity.

This made the people of the United States subject to the laws of said entity,

This made the people of the United States subject to the payment of monies to said entity,

This made the people of the United States subject to the mandates of said entity,

This made the people of the United States relinquish their sovereignty to said entity.

The government has constrained our fellow citizens, taken their homes, made laws, which relinquished our right to bear arms,

The government has excited domestic insurrection among us.

The government is endeavoring to create laws and rules to remove our freedoms of speech, religion and peaceful assembly.

In every stage of these oppressions, we have petitioned for redress in the most humble terms; our repeated petitions have been answered only by repeated injury. A government whose character is thus marked by every act, which may define a tyrant, is unfit to be the government of a free people.

Nor have we been wanting in attention to the foreign entity. We have warned them, from time to time, of attempts by their legislature to extend an unwarrantable jurisdiction over us. We have reminded them of the circumstances of our emigration and settlement here by our ancestors. We have appealed to their native justice and magnanimity; and we have conjured them by the ties of our common kindred, to disavow these usurpations, which would inevitable interrupt our connections and correspondence. They too, have been deaf to the voice of justice and of consanguinity. We must, therefore, acquiesce in the necessity, which denounces our separation, and hold them, as we hold the rest of humankind, enemies in war, in peace, friends.

Resolved, Then, are we the undersigned that the government of the United States is acting in several areas contrary to the Constitution of The United States, and as such have ceased to be a just government.

Resolved, then, that having deemed the system of government to be unjust, that morality and right call on us, and the rights of the citizens allow us to disband that government in favor of one that is responsive to the needs of the citizens, and respects the codified boundaries that the people might wish to impose upon it.

Resolved, that we wish to make known that we hereby do rescind any implied or perceived acquiescence to the government of the United States of America, in all of it's branches, exercising any power that is necessarily a derivative of our individual powers, and do hereby call for a dissolution of that government in an orderly fashion, that a meeting of elected precinct-persons may be held to discuss what form of government must certainly be instituted to replace that government we have found to be inadequate and bankrupt;

Therefore, we the people, do demand the following actions be immediately undertaken as the exercise of the will of the people:


An immediate suspension of all bills in the national houses of the legislature not directly related to proper dissolution of the current government, or necessary to maintain order until a new government can be established. Bills should immediately be drafted, without amendment, designed to allow for the orderly election of precinct-persons, with representation equivalent to 1 representative per 1000 citizens, to meet in the seat of each county, and to then select one representative among those county precinct persons, one from each county, to meet at the state capitols of the 50 states to select two delegates from each state to be sent to a national convention to be held in Philadelphia for the purposes of discussing a new confederation of our 50 states. Upon the meeting of the 100 elected representatives, an interim council of 12 individuals should be selected from among their members, with no more than one from any state, to administer the business of the United States until such time as a new government is formed by consensus by 80% of the 100 representatives, and full ratification by the individual state legislatures.


That the military powers of the United States be administered by its able commanders, acting under the current chief of staff, until a council of 12 representatives be selected to administer the establishment of an interim government.


That the executive branch of government continues to execute the laws critical to national security, and act as a steward of executive power until a council of 12 can be established, and then after so long as the council of 12 should require it.


That the judiciary continue to adjudicate current cases under current laws, pending a review at such a time as an interim government be established, and that the supreme court suspend any actions that do not literally interpret the Constitution of the United States in accordance with it's meaning when written, without regard to precedent and case law, under which we have suffered great offense.


That any person in a position of state authority who resists the will of the people, or conspires to so undermine the legal exercise of the rights of the governed, shall be held guilty of crimes against the people, and shall be held to account for those crimes as deemed proper by the council of 12 and their appointed representatives.


We, therefore, the representatives of the States of the United States, appealing to the Supreme Judge of the world for the rectitude of our intentions, do, in the name and by the authority of the good people of these states, solemnly publish and declare, that these states united are, and of right ought to be, free and independent states. That they are absolved from all allegiance to the United Nations and the government of the United States of America, located in Washington, DC. That all political connection between the states and the United Nations and the government of the United States of America is, and ought to be, totally dissolved. That, as free and independent states, they have full power to levy war, conclude peace, contract alliances, and establish commerce and to do all other acts and things which independent states may of right do. Moreover, for the support of this declaration, with a firm reliance on the protection of Divine Providence, we mutually pledge to each other our lives, our fortunes and our sacred honor.


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Cindy Janak is a freelance writer, mother of three, and grandmother of three. She was trained as an administrative specialist. Hobbies: Writing prose, crocheting, Conservative Studies, rehabbing houses. Her e-mail address is CJ1951@ameritech.net
© Copyright 2005 by Cynthia A. Janak
http://www.renewamerica.us/columns/janak/050819

Great Post, Mamie. I like this.

Originally Posted by Sixx

Great Post, Mamie. I like this.

did you know the Confederate States of America is the only constitutional government that we have? -- it was never resolved

Senate Report 93-549

War and Emergency Powers Acts,
Executive Orders and the New World Order

From data available on the web.
The Introduction to Senate Report 93-549 (93rd Congress, 1st Session, 1973) summarizes the situation that we face today - except it is far worse today than it was in 1973 !!


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"A majority of the people of the United States have lived all of their lives under emergency rule. For 40 years [now 66 years], freedoms and governmental procedures guaranteed by the Constitution have, in varying degrees, been abridged by laws brought into force by states of national emergency. The problem of how a constitutional democracy reacts to great crises, however, far antedates the Great Depression. As a philosophical issue, its origins reach back to the Greek city-states and the Roman Republic. And, in the United States, actions taken by the Government in times of great crises have - from, at least, the Civil War - in important ways, shaped the present phenomenon of a permanent state of national emergency."


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The Foreword to the Report states in part -


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"Since March 9, 1933, the United States has been in a state of declared national emergency. In fact, there are now in effect four presidentially proclaimed states of national emergency: In addition to the national emergency declared by President Roosevelt in 1933, there are also the national emergency proclaimed by President Truman on December 16, 1950, during the Korean conflict, and the states of national emergency declared by President Nixon on March 23, 1970, and August 15, 1971.

These proclamations give force to 470 provisions of Federal law [hundreds more since 1973, particularly in the Clinton administration since Jan 21, 1993]. 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."


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When the Southern states walked out of Congress on March 27, 1861, the quorum to conduct business under the Constitution was lost. The only votes that Congress could lawfully take, under Parliamentary Law, were those to set the time to reconvene, take a vote to get a quorum, and vote to adjourn and set a date, time, and place to reconvene at a later time, but instead, Congress abandoned the House and Senate without setting a date to reconvene. Under the parliamentary law of Congress, when this happened, Congress became sine die (pronounced see-na dee-a; literally "without day") and thus when Congress adjourned sine die, it ceased to exist as a lawful deliberative body, and the only lawful, constitutional power that could declare war was no longer lawful, or in session.

The Southern states, by virtue of their secession from the Union, also ceased to exist sine die, and some state legislatures in the Northern bloc also adjourned sine die, and thus, all the states which were parties to creating the Constitution ceased to exist. President Lincoln executed the first executive order written by any President on April 15, 1861, Executive Order 1, and the nation has been ruled by the President under executive order ever since. When Congress eventually did reconvene, it was reconvened under the military authority of the Commander-in-Chief and not by Rules of Order for Parliamentary bodies or by Constitutional Law; placing the American people under martial rule ever since that national emergency declared by President Lincoln. The Constitution for the United States of America temporarily ceased to be the law of the land, and the President, Congress, and the Courts unlawfully presumed that they were free to remake the nation in their own image, whereas, lawfully, no constitutional provisions were in place which afforded power to any of the actions which were taken which presumed to place the nation under the new form of control.

President Lincoln knew that he had no authority to issue any executive order, and thus he commissioned General Orders No. 100 (April 24, 1863) as a special field code to govern his actions under martial law and which justified the seizure of power, which extended the laws of the District of Columbia, and which fictionally implemented the provisions of Article I, Section 8, Clauses 17-18 of the Constitution beyond the boundaries of Washington, D.C. and into the several states. General Orders No. 100, also called the Lieber Instructions and the Lieber Code, extended The Laws of War and International Law onto American soil, and the United States government became the presumed conqueror of the people and the land.

Martial rule was kept secret and has never ended, the nation has been ruled under Military Law by the Commander of Chief of that military; the President, under his assumed executive powers and according to his executive orders. Constitutional law under the original Constitution is enforced only as a matter of keeping the public peace under the provisions of General Orders No. 100 under martial rule. Under Martial Law, title is a mere fiction, since all property belongs to the military except for that property which the Commander-in-Chief may, in his benevolence, exempt from taxation and seizure and upon which he allows the enemy to reside.

President Lincoln was assassinated before he could complete plans for reestablishing constitutional government in the Southern States and end the martial rule by executive order, and the 14th Article in Amendment to the Constitution created a new citizenship status for the new expanded jurisdiction. New laws for the District of Columbia were established and passed by Congress in 1871, supplanting those established Feb. 27, 1801 and May 3, 1802. The District of Columbia was re-incorporated in 1872, and all states in the Union were reformed as Franchisees of the Federal Corporation so that a new Union of the United States could be created. The key to when the states became Federal Franchisees is related to the date when such states enacted the Field Code in law. The Field Code was a codification of the common law that was adopted first by New York and then by California in 1872, and shortly afterwards the Lieber Code was used to bring the United States into the 1874 Brussels Conference and into the Hague Conventions of 1899 and 1907.

In 1917, the Trading with the Enemy Act (Public Law 65-91, 65th Congress, Session I, Chapters 105, 106, October 6, 1917) was passed and which defined, regulated and punished trading with enemies, who were then required by that act to be licensed by the government to do business. The National Banking System Act (Public Law 73-1, 73rd Congress, Session I, Chapter 1, March 9, 1933), Executive Proclamation 2038 (March 6, 1933), Executive Proclamation 2039 (March 9, 1933), and Executive Orders 6073, 6102, 6111 and 6260 prove that in 1933, the United States Government formed under the executive privilege of the original martial rule went bankrupt, and a new state of national emergency was declared under which United States citizens were named as the enemy to the government and the banking system as per the provisions of the Trading with the Enemy Act. The legal system provided for in the Constitution was formally changed in 1938 through the Supreme Court decision in the case of Erie Railroad Co. v. Tompkins, 304 US 64, 82 L.Ed. 1188.

On April 25, 1938, the Supreme Court overturned the standing precedents of the prior 150 years concerning "COMMON LAW" in the federal government.


THERE IS NO FEDERAL COMMON LAW, AND CONGRESS HAS NO POWER TO DECLARE SUBSTANTIVE RULES OF COMMON LAW applicable IN A STATE, WHETHER they be LOCAL or GENERAL in their nature, be they COMMERCIAL LAW or a part of LAW OF TORTS." (See: ERIE RAILROAD CO. vs. THOMPKINS, 304 U.S. 64, 82 L. Ed. 118
The significance is that since the Erie Decision, no cases are allowed to be cited that are prior to 1938. There can be no mixing of the old law with the new law. The Common Law is the fountain source of Substantive and Remedial Rights, if not our very Liberties. (See also: Who is Running America?)

In 1945 the United States gave up any remaining national sovereignty when it signed the United Nations Treaty, making all American citizens subject to United Nations jurisdiction. The "constitution" of the United Nations may be compared to that of the old Soviet Union.

Documentation -

Executive Order 1 - http://www.historyplace.com/lincoln/proc-1.htm;

General Orders No. 100 (April 24, 1863) "Lieber Code" -
http://www.tufts.edu/departments/fletch ... -CODE.txt;

Senate Report 93-549 (93rd Congress, 1st Session, 1973) -
http://www.nidlink.com/~bobhard/war_ep1.html;

The Trading with the Enemy Act (Public Law 65-91, 65th Congress, Session I, Chapters 105, 106, October 6, 1917);

National Banking System Act (Public Law 73-1, 73rd Congress, Session I, Chapter 1, March 9, 1933);

Executive Proclamation 2038 (March 6, 1933); Executive Proclamation 2039 (March 9, 1933);

Executive Orders 6073, 6102, 6111 and 6260;

Title 12 USC, Section 95a - http://www.law.cornell.edu/uscode/12/95.html;

Erie Railroad Co. v. Tompkins, 304 US 64, 82 L.Ed. 1188;

and the United Nations Treaty.

All documentation is available through your local government document repository library branch or at the Library of Congress.

Observations - Arguments which suggest that the Treaty of Paris of 1783 was not a lawful or legal treaty of peace between warring nations and that the American Colonies never really attained or obtained lawful or legal sovereignty, must also presume, by their own argument, that the Constitution for the united States of America and the Bill of Rights were never organic documents of true lawful or legal standing.

Conclusion - The Constitution for the united States of America and the Bill of Rights are no longer in effect in their original form or where they conflict with the United Nations Treaty and other international agreements. Citizens of the several States of the Union who were formerly sovereigns protected by the common law are now United States citizens and are thus subjects to International Admiralty jurisdiction.

http://www.barefootsworld.net/war_ep.html