The Right to Instruct Our Representatives (Part II)
Including a List of Authorities and an Illustrative Sample.
Regarding the Claim that Congress can block Elected Candidates from Taking their Seats.
This is one of the most affronting suggestions made yet by our representatives. Second perhaps to Marjorie Taylor Greene (though we like her for some reasons) suggesting Members of this Republic (Public) should move off the sidewalk and out of her way en route to our Capitol. Though we may thank her for demonstrating in raw form the genuine albeit unfortunate ignorance of some of our Representatives as Public Servants in Congress, who campaigned to voluntarily suspend their individual rights, when acting in an Official capacity as holding Offices of the Government Constituted and Governed by the U.S. Constitution that we, the People Own, Author, and indeed may Amend at any time.
In fact, if no one were to vote in November, those Offices up for term reelection in that General Election would expire.
The General Government of our Union is as a Great Council, where our States united do Assemble in DC. That is, every member of the Senate and House of Representatives counts among their constituents, every inhabitant from both Parties of the States from where they hail, to their Seats in DC. Noting that we, the People do constitute those Offices themselves, as representing us for the protection of our Natural Rights (see the Preamble to the U.S. Constitution and our Charter of Rights which is part of the Declaration of Independence).
We understand that the current Administration exhibits a bruiser-like disregard for the Checks and Balances of our Constitution, whereas the Legislative Branch holds the Purse, the Administrative may hold the Sword when actualized by the Congress or the People into that actual capacity; but that otherwise the Administrative and Executive functions remain both separate (’at arms length’) by way of some of the oldest and most fundamental laws of these lands.
Every Act of Ratification in 1788 was made as the People by their Instructions to their chosen Delegates who assembled in Congress as the States of America united; those Ratification Statements constituting part of our Original Plans for our Government which have been recognized by our Supreme Court as the highest and most superior form of Law, in some cases even superseding the clauses of the U.S. Constitution which were added by amendment (see “From the Annals of Congress” below).
Thus and because the U.S. Constitution is as a Legal Instrument, a Bill of (Delegated) Powers, it may be argued that those Powers reserved by way of our Acts of Ratification remain indubitably as part of the Great Residuum which rightfully remains in the able hands of the People. Furthermore, that our Union is rendered into a Compact by way of those Statements (Acts of Ratification) in conjunction with the Mutual Guarantee of the Fourth Article of the U.S. Constitution which follows:
“ The United States, shall guarantee to every State in this Union, a republican form of government, and shall protect each of them against invasion; and, on application of the Legislature or of the Executive, (when the Legislature cannot be convened,) against domestic violence.” - From the Papers of James Madison (available here)
That under the requisite circumstances, an individual Member of this Republic as being part of our Union may trigger the United States’ guarantee, or so-called Mutual Guarantee Clause, may be debatable; but that any individual State may trigger it, is certain.
It is equally provided for by the Clause itself supplemented by Reconstruction Era precedents, that the Executive may not trigger it; but for in circumstances where the Legislature cannot be convened; for example in circumstances of war. That is, as opposed to where they would not or will not convene for the said purpose of triggering our Mutual Guarantee against “Domestic Violence” or ensuring our “Republican Form of Government” in every State. The latter is defined by James Madison as follows:
“From this view of the subject, it may be concluded, that; a pure democracy, by which I mean a society consisting of a small number of citizens, who assemble and administer the government in person, can admit of no cure for the mischiefs of faction.... A republic, by which I mean a government in which the scheme of representation takes place, opens a different prospect, and promises the cure for which we are seeking [against factions]. Let us examine the points in which it varies from pure democracy, and we shall comprehend both the nature of the cure [of factions], and efficacy which it must derive from the union. Two great points of difference between a democracy and a republic, are, first, the delegation of the government, in the latter, to a small number of citizens elected by the rest; secondly, the greater number of citizens, and greater sphere of country, over which the latter may be extended.” - James Madison, Federalist No. 10 (pg. 57-58 here)[1]
Though we may still observe “pure democracy” in our local Municipalities, we rely on our representatives to truly represent our will to maintain our material public interest in our Union, for the preservation of our Safety and Happiness. That where their representation is our chosen form of democracy (representative-democracy), the freedom ensured by our Supreme Right to self-govern be administered and maintained as to the wider whole of our great Country by the maintenance of the Republican Form of Government, which is hence Guaranteed to every State in this Union, and by all the States mutually. Thus our Union becomes a “Compact” (Madison) of equal privileges (see Section 4., Relevant Authorities below), as per the form and substance of the Acts of Ratification thereto the U.S. Constitution itself i.e., coequally; or as mutually provided for.
Leaving only the question as to whether grievances associated with acts of violence committed by e.g., ICE breach the Reasonable Expectation Test set by Sandra Day O’Connor in New York v. United States, 505 U.S. 144 (1992) (available here).[2] That with respect to the inviolate nature of Local Policing laws, dating back as far as Instructions given to the Delegates of Rhode Island and read to Congress on 14 May 1776, as well as included in the Ratification Statement (Act of Ratification) of Virginia, and indeed provided for by the Article of the Tenth Amendment itself which follows:
“ 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.” - Tenth Amendment (Article of the Tenth), U.S. Constitution (available here)
We may conclude here, nothing other than that it is necessary for us to petition (apply to) government for the redress of our grievances. Citing our Supreme Right to (Self) Govern, which may be enforced as the Mutual Guarantee Clause of the U.S. Constitution for the Republican Form of Government in every State, as well as against Domestic Violence. Noting that we may have no Reasonable Expectation for either under the current circumstances violating the sanctity of States’ internal policing of their own Local laws; where to Protect & Serve the inhabitants of those States against violence is their mission.
Furthermore, whereas the Congress were to permit a continuation of violence, it would be in contravention of the U.S. Constitution’s purpose, as scoped by its Preamble, including to “insure domestic tranquility.” That is, where the Legislative Branch would proceed as such and the Executive Branch is precluded from acting as per and for the reasons described above; a Judicial Branch which was not supportive of any Application for Emergency Injunctive Relief (pending a petition for a writ of certiorari) would altogether be as to Amend the U.S. Constitution in non-conformance with the Fifth Article of thereof i.e., which neither any of our Office(s) of our Government(s) have the Authority to do alone, nor all together, or by any other combination.
Whether our representatives in the House of Representatives and Senate will conform with our Instructions, remains to be seen; but that we should make Our Will known to them is certain. Though we would be remiss not to mention that, were Congress to decline on the basis of some default of the Constitution, we may move as one body of the People for Conventions on amendments to the same.
At the very least, submitting our grievances for redress will compel the entire body of our General Government convened at the Capitol in Washington (DC) into the act of racing to our feet this November,—where we are especially hopeful that those Candidates running as Challengers to Incumbents will become the Heroes of Our Age.
The Telescoping Hierarchy of Our Legal System.
As written by Charles Francis Adams, the grandson of John Adams, “among the papers of Mr. Adams, some notes remain of the argument in the case of the writs of assistance, which seem to be the foundation of the sketch published by Minot: .... An act against the Constitution is void; an act against Natural Equity is void. “
Whereas from those statements as foundations onto our own, we proceed as follows:
The U.S. Constitution and all Amendments flow from the Principles and Precepts of our Title and Deed to the Republic: The Declaration of Independence (’U.S.A. Formation’) and therein our Charter of Natural Rights.
The Offices of Government being instituted for the protection of our (coequal) opportunity to enjoy those Natural Rights: “We, the People of the United States...do ordain and establish this Constitution for the United States of America” (our Republic).
Therefore an act of Congress (law) in nonconformance with the U.S. Constitution is indubitably void: Rendering any that would stand to counter this fact, without the possibility of Standing in any Court of the United States.
Furthermore, any law or absence thereof deemed conformable with the U.S. Constitution but in nonconformance with the Original and Supreme Will of the People, must necessarily have been so deemed as such by way of a misinterpretation of the U.S. Constitution; and would thus be subject to Judicial Review and our Courts of Equity (Writs).
As well as, that the People are Instated Forever by the U.S.A. Formation as the Supreme Unit of Legal Authority, our Absolute Right to Govern ourselves in accordance with “the Laws of Nature and of Nature’s God,” or the Natural Law of Freewill and Equality that is the precept of our Native of Private Justice; and we are thereby forever endowed therewith, so long as we do not enjoy it as to willfully disenfranchise others who are one and all endowed with the same.
Whereas, anything in the U.S.A. Formation repugnant to the Supreme and Original Will of the People, would be irrelevant; because whence Signed it is and will forever our Title and Deed to the Right to enjoy (exercise) that Supreme and Original Will.
Such that where question(s) were to arise in consideration of any law which is repugnant to the Natural Law of Freewill and Equality (or Native Coequality), whereunder we, the People answer only to the Private Justice of our own Self-Governance and Each Other; may be closed by the words of John Marshall, who was at the time (1803) Chief Justice of the Supreme Court:
“A question deeply interesting to the United States; but, happily, not of an intricacy proportioned to its interest. It seems only necessary to recognize certain principles, supposed to have been long and well established, to decide it.”
[ DISCLAIMER: Nothing herein is nor should be taken to be, or construed as legal advice, we are journalists comprised by our readers and are not attorneys. ]
Illustrative Sample Instructions Form
To:
Representative(s)_____________________________________________________________
Senator(s)____________________________________________________________________
Copy to Circuit Justice (YES/NO)_____________________
(See below for Circuit Justices by State)
1.1 RECITALS AND INSTRUCTIONS
In the two-hundred fiftieth year of the independence of the United States of America (the Legal Name of our Republic), as a representative Member of the Inhabitants, of this Republic, this Act in behalf of its Members (a whole Legal Class, see Brown v. Board of Education), whom are referred to in the first three words, “We, the People” of the Constitution for the same, assembled in court circles continuous of our Republic; as well as in–general congress of the State’s (USA’s) garden cohorts of inhabitants, and as the Legislature of the Legislative Branches of the States united, I or We signed hereto, do ordain and instruct you:
That,________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
And that, it be a standing instruction to all such delegates as may hereafter be elected by my home state to represent the Union in our general government, to exert their utmost abilities and influence, to effect the same conformably to the aforementioned in the Instructions above. Noting further, that, the form of these Instructions may not be used as a factor in determining their consideration. That is, as per the Judicial Act of 1789, the substance hereby expressed must be duly considered, as holders of our Offices of Government representing us, regardless of any special attention that might otherwise be paid to the wording hereof, and as well as or the modes of communication herein this, and legal form hereof:
And including:
(i.) Triggering the Mutual Guarantee Clause of the U.S. Constitution’s Article IV., Section 4: (YES/NO)_____________________
(ii.) Calling for a Convention as Provided for in the U.S. Constitution’s Fifth Article: (YES/NO)_____________________
1.2 SELECT LEGAL AUTHORITIES
(a) U.S. Constitution for the United States of America (the Legal Name of our Republic).
(b) U.S.A. Formation (Declaration of Independence & Charter of Rights).
(c) Penhallow v. Doane’s Administrators, Marbury v. Madison, Brown v. Board of Education.
(d) Acts of Ratification e.g., New York, Virginia, & North Carolina in conjunction with PennEast Pipeline Co. v. New Jersey.
Signed______________________________________ Date_____________ State_________
Source: https://www.supremecourt.gov/about/circuitassignments.aspx
[ DISCLAIMER: Nothing herein is nor should be taken to be, or construed as legal advice, we are journalists comprised by our readers and are not attorneys. ]
Relevant Authorities
