Declaration by the People of the Individual States of the United States of America, and call for an Article V Convention to Amend the Constitution
July 4th, 2010
When in the course of human events, it becomes obvious to the citizens of the States of the Union that certain injustices have developed not previously anticipated and the Laws governing that Union have been interpreted and misconstrued to the unbalanced benefit of the Federal Government, to the detriment of the sovereignty and commerce of the separate but equal States, it becomes necessary for these States to affect remedy upon that Union. 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, that 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, — That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter that Government.
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. — Such has been the patient sufferance of the People of these United States; and such is now the necessity which constrains them to Amend the Constitution that unites them. The accepted purpose of the Federal Government is to: Unite the People of the States “...in order to form a more perfect Union, establish Justice, ensure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity”. With disregard for the will of the People and the individual States, It has repeatedly abused and continues to abuse the powers granted it by the States, in direct violation of Its charter and mandate to have Only those powers given directly to It by the Constitution, and not prohibited It by the States. The history of the Federal Government is a history of repeated injuries and usurpations of power, all having in direct object the establishment of an absolute Tyranny over these States. To prove this, let the Facts be known to a candid world.
It has in many ways infringed on the right of its individual citizens to keep and bear arms; loss of which would preclude the People defending themselves and their nation, even against a Government become tyrannical.
It has entered into discussions with other nations and treaty organizations, the purpose of which would subject the Citizens of the United States to International laws and penalties, thereby abridging the Constitution and infringing on the Rights guaranteed the People by the Constitution.
It has failed to duly secure and protect the borders of the United States from invasion by foreign nationals; in so doing has allowed undesirable criminals and foreign nationals that threaten both the security and the livelihood of the People, thereby failing to promote the general Welfare and provide domestic Tranquility.
It has placed Its own value and importance above that of the people, by whom It was elected, neglecting the needs and requirements of the People.
It has continually increased Its own compensation and benefits without any checks and balances, to the detriment of the general welfare of the People.
It has repeatedly and forcibly taken over private enterprise and commerce in the name of “financial security”; all of which has been done without verbal or written accountability, which has greatly affected our prosperity.
It has spent carelessly and without frugality, whilst at the same time awarding contracts to foreign entities of commerce, to the detriment of the prosperity of the People and the States.
It has allowed Itself to become intoxicated and corrupted by the power and the money of individuals, corporations and special interest groups, at the expense of the promotion of the general welfare of the People.
It has allowed the election of candidates to positions of power that have not demonstrated beyond any doubt, their Constitutionally legal qualification for that position.
It has imposed a burdensome, expensive and inefficient form of taxation which has penalized individuals and commerce virtually into financial ruin.
It has inexplicably completely ignored the Constitutional decree that prevents It from taking powers not expressly granted it by the Constitution, even those that were expressly granted to the States.
It has engaged in yet another violation of State’s rights by mandating the Federal invasion of healthcare for the People; a right not expressly granted It by the Constitution, despite overwhelming Opposition by the People.
It has allowed laws that exempt groups that provide healthcare insurance, thereby preventing free market competition amongst those groups, in direct violation of the Sherman Anti-Trust Act of 1890, resulting in higher costs and lack of access to both consumers and providers of healthcare.
It has failed to provide adequate protection from enemies, avowed with hatred against the Union and a mandate for the destruction of the Union by allowing them the same rights as the People of the United States, instead of as enemy combatants.
It has inequitably passed laws that apply unequally to the People than it does to members of the Federal Government.
It has escalated taxation of the People in an inequitable manner whilst continuing to mandate and fund further Federal relief programs, with the burden for the many placed on the few. This has had the effect of limiting the Prosperity of the country as a whole, with an ever increasing and unsustainable National debt.
It has voted itself financial gains and provided legislation that inequitably provides direct or indirect financial gains to itself, its corporations or directly benefit its members or their families, all with complete disregard for the economic impact this has on the financial instability it imposes on the individual states it represents.
Be it therefore resolved, that We the People, of these United States, in order to form a more perfect Union, establish Justice, ensure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do hereby petition the State of _________________ , to place on the next ballot, a call for a Constitutional Convention, the Sole purpose of which shall be the adding of an Amendment to the Constitution that will reiterate and clarify certain ambiguities having been unforeseen in this day and age. It is understood and agreed that:
1. Nothing in this Amendment shall delete or compromise the original Constitution.
2. This amendment will clarify and reiterate the original understandings of the Constitution.
3. Further, several unanticipated issues will be addressed, modified and clarified.
4. State Representatives to the Convention shall not be or have been an elected or appointed state official, and shall be elected by the People of the State which they represent.
Constitutional Amendment 28
The Constitutional Restoration Act
Article 1: Second Amendment Clarification
Being necessary to protect the People and their property, the right of the People to keep and bear arms is understood to be and shall be an Individual’s right, which Shall not be infringed. This right shall not otherwise be compromised by requiring any form of registration of firearms by federal, state or local government, other than that required to properly prevent violent criminals from legally procuring firearms. This right shall be guaranteed by the Constitution and protected by the Federal government from action by any state or local municipality.
Article 2: Ninth Amendment Addition
Congress shall make no law that applies unequally to the People than it does to the Congress, nor applies unequally to Congress than it does to the People. Penalties incurred by violation of these laws shall be applied equally to members of Congress as is applied to the People. Members of Congress shall be required to pay into the same retirement programs as is required of the People. Retirement benefits of the Civil Service Retirement System (CSRS) or the Federal Employees Retirement System Act of 1986 (FERS) for members of Congress shall hereby be abolished, and members of Congress Shall pay into and draw retirement from the same retirement Program as the People, equal to the benefits established for the People. Any surplus balance, which had been set aside for members of Congress remaining in the CSRS and FERS shall be directed to and deposited into the Social Security program.
Article 3: Tenth Amendment Reiteration and Clarification
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the People. Specifically, Nationalization or fiscal control of industry, banking and healthcare shall Not be granted to the United States government. The Federal government is hereby Prohibited from any and all forms of ownership of private industry. Any shares, stocks or interest in private industry which the Federal government has assumed, shall immediately be forfeited and returned to its rightful owners and shareholders, Not to the employees. Any and all legislation passed prior to this amendment which mandates or assumes control of the Citizen's Rights to control their own Health Care, specifically the “Patient Protection and Affordable Care Act”, H.R. 3590 and H.R. 4872, shall be repealed in their entirety and rescinded by this amendment, any agencies created by such legislation shall hereby be disbanded. The Federal Government shall Not alter the age at which the People are eligible for Federally funded Medicare coverage at the time this amendment is proposed.
Article 4: Congressional Financial Restrictions
Being necessary for the assured and unbiased representation of their constituent People, No member of Congress shall accept monetary or other influential treatment for the purpose of compelling their vote from any source; doing such shall result in immediate termination from Office. Financial penalty shall be equal to double that received and mandatory two year incarceration in the Federal penitentiary. Candidates for Any federally elected office shall accept no more than $2,000 from any single donor or entity prior to their election. Doing such shall result in their immediate disqualification from election, or if successfully elected, shall not be sworn into Office. It is further understood that these restrictions shall also apply equally to any Appointed member of the Federal Government.
Article 5: Congressional Term Limits
No person shall be elected more than four times to the House of Representatives, and no person who has held the office of Representative for more than 1 year of a term to which some other Representative was elected shall be elected to the office of Representative more than three times. No person shall be elected more than two times to the Senate, and no person who has held the office of Senator for more than 2 years of a term to which some other Senator was elected shall be elected to the office of Senator more than once. But this Article shall not apply to any person holding the office in Congress when this Article becomes operative from holding their office or acting as Representative or Senator during the remainder of such term.
Article 6: 27th Amendment Clarification
Congressional remuneration shall be established by the Congressional Budget Office, but shall not exceed $75,000 per year for all members of Congress, regardless of position, for a term of ten years. Future increase in remuneration shall require first establishing a zero balance of the national debt as well as a mandatory balanced budget, but shall not exceed one percent per year. Such increase shall require the vote of two thirds of Congress and the signature of the President. Members may elect not to accept this Cost of living increase. Discretionary funds shall likewise be established and approved by the Congressional Budget Office and shall be published and easily accessible to the People, but shall not exceed usual and customary costs required to allow members of Congress to serve as representatives of their constituents.
Article 7: Clarification of Article Two, clause Five of the Constitution
No person except a natural born Citizen, shall be eligible to the Office of President; neither shall any Person be eligible to that Office who shall not have attained to the Age of thirty-five Years, and been fourteen Years a Resident within the United States. Candidates for the Office of President shall be required to provide easily verifiable and legally official documentation of witnessed natural born status and shall be required to provide such evidence to the Supreme Court of the United States for verification. Such evidence shall be provided no more than thirty days after a candidate declares their intention to attain Office and no less than thirty days prior to election, and published in an open and conspicuous place easily accessible to the People.
Article 8: Sherman Antitrust Act of 1890 reiterated
Being necessary for the protection of Free market economy and to guarantee the rights of the People to fair and unbiased access to commerce and health care insurance, the Sherman Antitrust Act of 1890 is hereby reiterated and clarified. The United States Federal government is required to investigate and pursue trusts, companies and organizations suspected of violating the Act. There shall be No exceptions to this provision and any exemptions or exceptions currently in place, specifically the McCarren-Ferguson Act of 1945, which exempts insurance company from unfair collaboration, are hereby revoked, repealed and rescinded. In particular, the Federal government Shall investigate and pursue aggressively any company, entity or organization providing Health Care insurance to the People which has or is participating in price-fixing, cross-contracting or sharing of proprietary information between insurance companies or contracting agencies.
Article 9: 14th Amendment and Jus Soli citizenship
The 14th Amendment, having been necessary at the conclusion of the Civil War to establish citizenship for previous slaves, was meant to be a temporary provision. In it, Section 1, sentence 1, begins: “All persons born or naturalized in the United States...” shall be further defined and detailed: “All persons born in the United States, of United States citizens or of Legal immigrants to the United States or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. Those born on United States soil as a result of Transient residency or unlawful entry into the United States shall Not be citizens by virtue of jus soli”. Those making application for Citizenship, having been previously convicted of felonious crimes, shall not be granted Citizenship.
Article 10: Unlawful entry into the United States and Enemy combatants
Section 1325 of Title 8 of the United States Code defines and provides penalty for unlawful entry into the United States. To provide for the common defense and restore domestic tranquility, Congress shall establish further law to effectively and physically control our international borders, allowing only designated and patrolled border crossings and immigration points. Those gaining entry unlawfully or residing in the United States or its Territories unlawfully, Shall be immediately deported to the country of their Citizenship, or if incarcerated, shall be deported immediately upon their release from incarceration. Those that have declared war on the United States shall be treated and Tried as enemy combatants, by the laws and jurisdictions afforded enemy combatants, Not by laws and rights reserved for citizens of the United States. Any foreign nationals, having unlawfully gained access to the United States as of July 4th, 2010, Shall not be eligible for any type of Immigration “Amnesty”, and any legislation or Executive Order that has granted such amnesty at the time of the writing of this amendment, shall hereby be rescinded and revoked. Any immigrant’s status that had been affected by such legislation or Executive Order, shall hereby be returned to the status of unlawful immigrant and face immediate deportation.
Article 11: International Treaties and Constitutional sovereignty
No Federal entity, representative or official Shall have the authority to sign or enter into any treaty with another Country or Countries which will have the effect of abrogating, abridging, modifying or removing the Rights guaranteed the People by the Constitution; nor shall any treaty be valid which is contradictory to the Constitution of the United States. Any Treaty, doctrine or agreements which are in violation of this Article that have been signed at the time of this Amendment shall hereby be revoked and rescinded.
Article 12: 16th Amendment clarification
Having been necessary to repay the debt incurred by the Civil War, President Lincoln and Congress established the office of Commissioner of Internal Revenue. The 16th Amendment, ratified in 1913, gave Congress the authority to enact an income tax, which was a “flat tax” of 1 percent on net incomes of $3,000 and 6 percent surtax on incomes over $500,000. Since then, tax law administration and implementation has become exceedingly complex and oppressive to the People. Be it therefore resolved that the current Internal Revenue Service shall be dissolved and reconstituted to administer appropriate and reasonable “flat” taxation of Individuals and Corporations, not to exceed 10 percent of net income after application of the surtax below and a standard deduction of $25,000 are applied, with a 10 percent surtax on incomes over $500,000. The Internal Revenue Service shall not exceed 10,000 employees.
Article 13: International Commerce Clause addition
Article 1, section 8, clause 3 of the Constitution shall further be defined to protect the prosperity of the People and the Industry of the individuals and States. Congress or any Federal official in the capacity of procuring materials, services or contracts for the United States, shall give great weight to United States citizens and corporations which they operate on United States soil. Specifically, no foreign entity contract shall be accepted whose bid is less than 50 percent of a competing United States person or entity. In addition, successful Foreign contracts shall be charged a 10 percent surcharge on commerce relating to such contract. In exceptional circumstances, consideration may be given to foreign contracts where no equivalent product is offered by United States citizens or companies. Where necessary and proper for the defense of the United States, Congress may waive the 10 percent tariff by a vote of two thirds of the House and Senate.
Signed:____________________________________(petitioner)
First name:_____________________________ M.I._____
Last name:_______________________________ Suffix:______
Address:_________________________________________
City:_____________________________ State:_______
Zip code:______________ Driver’s License #________________
(If required by your state)
Download the Resolution for Signature Here!
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