Source:
Liberty Forum
http://www.libertyforum.org/
http://www.libertyforum.org/showflat.php?Cat=&Board=news_constitution&Number=668503&t=0#Post668503
Premises:
1. It is a principle of law that a statute or law or legal procedure (or
whatever) which is null and void on Constitutional grounds is null and
void not merely from the time its nullity is discovered and proved, but
from the moment of its inception. 16 Am Jur 177
2. The Constitution of the United States is written in plain English.
3. The Constitution of the United States is internally self-consistent.
[Therefore, any 'interpretation' of the plain english meaning of the words
and phrases of the Constitution which results in internal inconsistency is
a false interpretation.]
4. In the absence of ratification of a proposed amendment to the
Constitution of the United States, the original Constitution remains in
force unamended.
[NOTE: Pick up your copy of the Constitution of the United States to
follow along here if you wish.]
The Constitution of the United States of America
http://www.law.cornell.edu/constitution/constitution.overview.html
Fact Set 1:
1. Throughout the Constitution of the United States, the word
"States" and the word "People" are consistently used
to refer to separate and distinct political entities with separate and
distinct political needs and objectives.
2. Throughout the Federalist Papers, since the beginning of our nation
regarded as representing the "intent" of the founding fathers,
the word "States" and the word "People" are
consistently used to refer to separate and distinct political entities
with separate and distinct political needs and objectives.
Conclusion #1: The terms "States" and "People" refer
to separate and distinct political entities in all places they are used in
the Constitution of the United States as originally written and amended.
Fact Set 2:
1. Article I Section 1 of the Constitution of the United States provides
and requires that "All legislative powers herein granted shall be
vested in a Congress of the United States, which shall consist of a Senate
and a House of Representatives."
2. Article I Section 2 of the Constitution of the United States provides
and requires that "The House of Representatives shall be composed of
members chosen every second year by the people of the several States, and
the electors in each State shall have the qualifications requisite for
electors of the most numerous branch of the State legislature.
3. Article I Section 3 of the Constitution of the United States provides
and requires that "The Senate of the United States shall be composed
of two Senators from each State, chosen by the legislature thereof, for
six years; and each Senator shall have one vote."
4. [Conclusion #1 restated] The terms "States" and
"People" refer to separate and distinct political entities in
all places they are used in the Constitution of the United States as
originally written and amended.
Conclusion #2: The People, as a separate and distinct political entity,
are to be represented by their chosen Representatives in the House of
Representatives.
Conclusion #3: The States on the other hand, as separate and distinct
political entities, are to be represented in the Senate.
Conclusion #4: The Congress of the United States, finally, is to consist
of the Representatives of the People and the Representatives of the States
in congress (the word essentially means "together").
Fact Set 3:
1. Article 5 of the Constitution of the United States provides and
requires the only means of lawfully amending the Constitution of the
United States.
2. As a limitation on what provisions of the U.S. Constitution may be
amended and under what circumstances, Article 5 of the Constitution of the
United States provides and requires "... that no State without its
consent, shall be deprived of its equal suffrage in the Senate."
Conclusion #5: The separate representation of the States in the Senate,
and representation of the People in the House of Representatives, must
have been pretty important to the founding fathers, for if even one State
fails to ratify a proposed amendment which would work to deprive the
States of their equal suffrage in the Senate, the proposed amendment fails
of ratification.
Fact Set 4:
1. [Restated] Article I Section 3 of the Constitution of the United States
defines "Senate" as consisting of "two Senators from each
State, chosen by the legislature thereof". (Emphasis added.)
2. Proposed Amendment Seventeen (1913) to the Constitution of the United
States, Clause 1, if ratified, would redefine "Senate of the United
States" as "two Senators from each State, elected by the people
thereof". (Emphasis added.)
3. If the States, as separate and distinct political entities from the
People, are deprived of their equal Representation in the Senate, then
they are deprived of their equal suffrage (vote) in the Senate.
Conclusion #6: The proposed Seventeenth Amendment, if ratified, would
deprive the States (as political entities distinct from the People) of
their equal suffrage in the Senate.
Fact Set 5:
1. [Conclusion #5 restated] The separate representation of the States in
the Senate, and representation of the People in the House of
Representatives, must have been pretty important to the founding fathers,
for if even one State fails to ratify a proposed amendment which would
work to deprive the States of their equal suffrage in the Senate, the
proposed amendment fails of ratification.
2. [Conclusion #6 restated] The proposed Seventeenth Amendment, if
ratified, would deprive the States (as political entities distinct from
the People) of their equal suffrage in the Senate.
3. According to their legislative records, UTAH and DELAWARE each withheld
their consent to being deprived of their equal suffrage in the Senate by
voting to reject the proposed Seventeenth Amendment.
4. According to their legislative records, eight other States withheld
their consent to being deprived of their equal suffrage in the Senate by
taking no action at all on the proposed amendment.
Conclusion #7: The proposed Seventeenth Amendment was not ratified
pursuant to Article 5 of the Constitution of the United States.
Fact Set #6:
1. [Conclusion #7 restated] The proposed Seventeenth Amendment was not
ratified pursuant to Article 5 of the Constitution of the United States.
2. [First premise restated] It is a principle of law that a statute or law
or legal procedure (or whatever) which is null and void on Constitutional
grounds is null and void not merely from the time its nullity is
discovered and proved, but from the moment of its inception. 16 Am Jur 177
Conclusion #8: The proposed Seventeenth Amendment was and is null and void
and carries no force or weight or obligation of Law and the proposed
Seventeeth Amendment has been null and void and has carried no force or
weight or obligation of Law since the moment of its inception (May 31,
1913).
Fact Set #7:
1. [Third Premise restated] In the absence of ratification of a proposed
amendment to the Constitution of the United States, the original document
remains in force unamended.
2. [Restated] Article I Section 3 of the Constitution of the United States
provides and requires that "The Senate of the United States shall be
composed of two Senators from each State, chosen by the legislature
thereof, for six years; and each Senator shall have one vote."
3. No Senator of the United States has been chosen by the legislature of
any State pursuant to Article I Section 3 of the Constitution of the
United States since May 31, 1913. Conclusion #10: No "Senate of the
United States" as defined by the Constitution of the United States
has existed since the first individual usurped the office of "Senator
of the United States" without having been chosen pursuant to Article
I Section 3 of the Constitution of the United States.
Fact Set #8:
1. [Fact Set 2, Fact #1]: Article I Section 1 of the Constitution of the
United States provides and requires that "All legislative powers
herein granted shall be vested in a Congress of the United States, which
shall consist of a Senate and a House of Representatives."
2. [Conclusion #10] No "Senate of the United States" as defined
by the Constitution of the United States has existed since the first
individual usurped the office of "Senator of the United States"
without having been chosen pursuant to Article I Section 3 of the
Constitution of the United States.
Conclusion #11: No "Congress of the United States" has existed
since the first individual usurped the office of "Senator of the
United States" without having been chosen pursuant to Article I
Section 3 of the Constitution of the United States.
Conclusion #12: No "legislative powers" have been granted or
vested in any institution since the first individual usurped the office of
"Senator of the United States" without having been chosen
pursuant to Article I Section 3 of the Constitution of the United States.
Fact Set #9:
1. [Conclusion #12 above] No "legislative powers" have been
granted or vested in any institution since the first individual usurped
the office of "Senator of the United States" without having been
chosen pursuant to Article I Section 3 of the Constitution of the United
States.
2. Without "legislative powers" delegated to government by the
People, any law or statute or code or administrative regulation
purportedly "passed" by anyone is but mere "color of
law" -- not pursuant to the Constitution of the United States, not
binding, not having any lawful force or weight of law, null and void.
Conclusion #13: No legislation (law or statute) has been lawfully passed
by any "Congress of the United States" since the first
individual usurped the office of "Senator of the United States"
without having been chosen pursuant to Article I Section 3 of the
Constitution of the United States.
Fact Set #10:
1. Article II Section 2 Clause 2 of the Constitution of the United States
provides and requires that the President "shall have power, by and
with the advice and consent of the Senate, to make treaties, provided
two-thirds of the Senators present concur; and he shall nominate, and by
and with the advice and consent of the Senate, shall appoint ambassadors,
other public ministers and consuls, judges of the Supreme Court, and all
other officers of the United States whose appointments are not herein
otherwise provided for, and which shall be established by law."
2. [Conclusion #11 restated] No 'Senate of the United States' as defined
by the Constitution of the United States has existed since the first
individual usurped the office of 'Senator of the United States' without
having been chosen pursuant to Article I Section 3 of the Constitution of
the United States.
CONCLUSION #14: No treaties have been made, no ambassadors, public
ministers, consuls, judges of the Supreme Court, or other officers of the
United States have been appointed since the first individual usurped the
office of 'Senator of the United States' without having been chosen
pursuant to Article I Section 3 of the Constitution of the United States.
Fact Set #11:
1. [Conclusion #11 restated] No "Congress of the United States"
has existed since the first individual usurped the office of "Senator
of the United States" without having been chosen pursuant to Article
I Section 3 of the Constitution of the United States.
2. [Conclusion #12 restated] No "legislative powers" have been
granted or vested in any institution since the first individual usurped
the office of "Senator of the United States" without having been
chosen pursuant to Article I Section 3 of the Constitution of the United
States.
3. [Conclusion #13 restated] No legislation (law or statute) has been
lawfully passed by any "Congress of the United States" since the
first individual usurped the office of "Senator of the United
States" without having been chosen pursuant to Article I Section 3 of
the Constitution of the United States.
4. [CONCLUSION #14 restated] No treaties have been made, no ambassadors,
public ministers, consuls, judges of the Supreme Court, or other officers
of the United States have been appointed since the first individual
usurped the office of 'Senator of the United States' without having been
chosen pursuant to Article I Section 3 of the Constitution of the United
States.
CONCLUSION #9: The EXECUTIVE, LEGISLATIVE, and JUDICIAL Branches of the
government of the United States as established by the Constitution of the
United States are -- simply and conclusively -- out of business.
Fact Set #12:
1. The illusion of a government of the United States persists.
2. The illusion of a government of the United States has and exercises the
power to compel obedience regardless of the provisions of the Constitution
of the United States herein mentioned.
3. [CONCLUSION #9] The EXECUTIVE, LEGISLATIVE, and JUDICIAL Branches of
the government of the United States as established by the Constitution of
the United States are -- simply and conclusively and irrevocably -- out of
business.
FINAL CONCLUSION: The current existing government of the United States is
an Occupation Government deriving no just or lawful authority from the
formal Consent of the People conveyed by the Constitution of the United
States, but deriving its (unjust and unlawful) authority from the informal
acquiescence and capitulation of the People in the face of intimidation,
coercion, oppression, and economic power.
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