Maine Republic Email Alert

. . . that I should bear witness unto the truth. John 18:33 // David E. Robinson, Publisher
. . . if the trumpet give an uncertain sound, who shall prepare himself for battle? I Corinthians 14:8

No.437
03/2013

A Declaration, Remonstrance, and Demand

Center Page of the Mar/Apr issue of The Americans Bulletin http://americansbulletin.com/ To the People of America: Our country is disintegrating before our very eyes, because of the actions of treasonous domestic enemies operating federal, state and local corporatized governments throughout this nation. We, the People, have been derelict in our duty and responsibility to ensure a Constitutionally-compliant republican form of government. This document is intended for that purpose. It requires the support of the last vestige of true patriots remaining in this nation, who through their honor, character and integrity will enlist the support of many other Americans throughout the land. This document was designed for Maine, but can be adapted to reflect the conditions in any state of this Union. Note: line spaces below are for inclusion of the name of your state, others are self-explanatory, and some adjustment will be needed in some paragraphs to apply to your state rather than Maine. To the Honorable Governor and Legislature of the State of (( state name )) From a Delegation of Peaceful and Free (( state name )) State People words in a statute restrictive of prerogative, without being expressly named. E.g., the Insolvent Law. The People v. Herkimer, Gentleman, one, &c 4 Cowen 345; 1825 N.Y. Lexis 80 and, ...made it perfectly clear that ( I ) the Sovereign, cannot be named in any statute as merely a person or any person! The Supreme Court in the case of Wills vs. Michigan State Police, 105 L. Ed. 2d 45 (1989) Note: There can be no limitation on the power of the people of the United States. By their authority the State Constitutions were made, and by their authority the Constitution of the United States was established; U. S. Supreme Court - Hauenstein vs Lynham, (100 US 483) Definition of Citizen: a sentient breathing man/woman, Principal, beneficiary, one of the sovereign people, having all power, collectively; one of the body politic, that comprises the State, that pursuant to the Declaration of Independence; are created equal, are endowed by their Creator with certain unalienable Rights, being Life, Liberty and the Pursuit of Happiness as expressed and secured in the Bill of Rights and of the Constitution(s) (compacts) operating upon the public servant/administrator pursuant to their oath of office and the sentient breathing man/woman is not a subject to any quasi-corporate government or foreign power or entity. Note: See Attached Points and Authorities.

Egregious Violations of Inherent Rights Constitutionally Affirmed and Guaranteed to the People of (( state name )).

PREFACE:
Notice: Pari-material rule; of the same matter; on the same subject; as, laws pari-materia must be construed with reference to each other. R.E.; State Constitutions; that all power is inherent in the people, and all free governments are founded on their authority Note: the word Citizen herein is defined as the Men and Women, being sentient beings, in their private capacity and not corporate or artificial fictions and are not subjects of any corporate socalled government or foreign potentate. Note: ...at the Revolution, the sovereignty devolved on the people; and they are truly the sovereigns of the country, but they are sovereigns without subjects...with none to govern but themselves; the citizens of America are equal as fellow citizens, and as joint tenants in the sovereignty. Chisholm v. Georgia (US) 2 Dall 419, 454, 1 L Ed 440, 455 @Dall 1793 pp.471472 Note: The people have succeeded to the rights of the King, the former sovereign of this State. They are not, therefore, bound by general

A Declaration, Remonstrance and Demand

Opposing, Stopping and Correcting Ongoing Abuses of the Limited Powers and Authority Delegated to Government by the People of (( state name )). And

A Declaration, Remonstrance and Demand

This Remonstrance and Declaration is based in and on the superseding Authorities of the Constitution for the 1

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United States of America, circa 1787, as amended in 1791 with the Bill of Rights and the Constitution for the State of (( state name )), as amended in (( state name )). The positions stated herein are founded in these Authorities. The Governor and all members of the Legislature have sworn or affirmed oaths to these referenced Constitutions and are required to abide by the Constitutional mandates imposed upon them by and through their oaths. No Oath Taker in (( state name )) has the Constitutional authority to oppose, contradict, defy, deny and violate the very documents to which he/she swore or affirmed his/her oath. Therefore, all Oath Takers must act only within the limited scope of their Constitutionally delegated duties and authority, and must abide by and uphold all rights guaranteed in the Bill of Rights to the federal Constitution and the (( state name )) Declaration of Rights. Pursuant to Constitutional guarantees, including, but not limited to, the Bill of Rights, in particular, the un-enumerated rights guaranteed within the Ninth Amendment, all Citizens of (( state name )) can expect that their Oath Takers will so act in the performance of their official duties. Despite these Constitutional requirements, it is evident that all forms of government in (( state name )), by and through the actions of Oath Takers serving therein, through their own errant customs, practices and policies and those of their offices, abandon their Constitutional duties and routinely perjure, violate and disparage their oaths and the inherent rights and Due Process of Law Constitutionally guaranteed to (( state name )) Citizens. Therefore, the government of (( state name )) and the various governments within (( state name )) act unconstitutionally and therefore have committed Treason against their Constitution(s) (compacts) and are thus, unlawful governments, opposed to the principles contained in the founding documents of our nation. In light of words expressed in the Declaration of Independence, by their actions, these errant Oath Takers are Domestic Enemies, and it is the duty of all Americans and (( state name )) Citizens

to expose and oppose all Domestic Enemies and domestic terrorism. This Remonstrance is provided to the Governor and the Legislature by the People of (( state name )) to apprise them that the People are aware of the unconstitutional actions that routinely take place within government, as it has devolved, and is our demand, pursuant to rights guaranteed in both Constitutions, that government immediately mend its errant ways, stop its unconstitutional actions, immediately embrace and enforce the national Constitution as the Supreme Law of the Land, the (( state name )) Constitution, as the governing Law of this state, and uphold Due Process of Law and the inherent Rights guaranteed therein to all Citizens. Because of governments failure to abide by Constitutional mandates and provide for the General Welfare of the Citizens, both America and (( state name )) are in desperate situations on many fronts, and We, the People, rightfully demand that those who serve in the machinery of government of (( state name )), under the sacred trust endowed upon them by the People, restore honor and Constitutional governance to (( state name )) and strictly abide by the Supreme Law of the Land, and the (( state name )) Constitution and the principles and mandates contained within our founding documents. Some of the actions which the People demand are as follows: 1. All government officers and Oath Takers in (( state name )) must immediately reaffirm their oaths by publicly executing a Constitutional Affidavit sworn before a Notary Public. This Affidavit strictly holds the Oath Taker to the Constitutional mandates imposed upon him, by and through his oath, and the Oath Taker states that he will resign from his office and/or allow the People to remove him, without his protest or objection, upon any unconstitutional action he commits. What is not authorized in the Constitutions is prohibited by the Constitutions. Language of and information regarding the Constitutional Affidavit can be found on http://tinyurl.com/aap857s under The Project to Stop Federal Tyranny Now,

which is a subheading under Alternate Currency Proposal. 2. In the best interests of the People, businesses and industries of (( state name )) , and to protect them from economic devastation, the government of (( state name )) will implement an Alternative Currency Program that provides a medium of exchange, called (( state name )) Bucks, issued and distributed by a bank owned and operated by the People, known as (( state name )) Bank. Worth of the currency is based upon the substantive value of the People, businesses and industries of (( state name )), their labor, productivity, ingenuity, inventiveness and creativity. The currency is issued by (( state name )) Bank in two ways: (1) direct non-interest bearing loans to people, businesses and industries of (( state name )); (2) grants to all governments in (( state name )) and necessary institutions, including all aspects of health care. Loans are made to qualified borrowers and repaid in the principal amount only. Grants are not repayable. The (( state name )) government will receive all funds necessary for governmental operations through grants issued by the (( state name )) Bank for all government programs beneficial to the People and (( state name )). Since grants cover all government expenses, no taxes will be imposed upon any Citizen or any (( state name )) entity, whatsoever. What the People, businesses and industries of (( state name )) earn, they keep. A free man in a free state pays no tax. An outline and additional details of this Alternative Currency Program can be found at http://tinyurl.com/aap857s under Alternative Currency Proposal. 3.Police and judges in courts throughout (( state name )) routinely violate oaths taken, oppose and disparage due process of law and secured rights guaranteed to the People in both the national and state Constitutions. All police and judges are immediately required to execute the Constitutional Affidavit. The federal government has been providing funds, equipment and weapons to police departments and municipalities throughout the nation, essentially militarizing the police as

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another armed force to ostensibly be used against the People. (( state name )) must immediately cease accepting such payments, considerations and dictates from the federal government and institute programs throughout (( state name )) to cease militarization of the police. 4. All rights guaranteed in the Constitutions, national and state, cannot lawfully be restricted, manipulated, altered, denied or changed by unconstitutional actions, statutes, laws, rules, regulations, codes and policies of government. The Second Amendment affirms our guaranteed inherent Right to keep and bear arms, in part, to protect the People from the unlawful actions and intrusions by government in any form. The government of (( state name )) must uphold the Constitutions and reaffirm the Rights guaranteed to the People in the Second Amendment and officially refuse to cooperate and/or work with the federal government to implement any form of gun control unlawfully imposed or attempted to be imposed upon the People of (( state name )) . If this unconstitutional gun control program were to succeed, it is highly likely that many true supporters of our founding documents and the principles contained therein will die in the lawful, Constitutionally supported defense of their Rights and freedom. 5.The government of (( state name )), governments throughout (( state name )) and agencies/institutions of government have removed funds from gross revenue received by these entities and for many years have invested these funds into private investment programs, which benefit only the investing entities, themselves, and not the People from whom the funds were derived. These invested funds are reported in what are termed Comprehensive Annual Financial Reports, namely, CAFRs. Since these funds were deceitfully extracted from the People, then, the funds properly and lawfully belong to the People, and not to the investing entities, which act as government. Well qualified research estimates that the total gross value of these programs, nationwide, exceeds One Hundred Trillion Dollars.

(( state name )) is one of fifty states and it is easy to extrapolate how much wealth has been surreptitiously stolen from the People of (( state name )). Some of the funds within these programs are earmarked for pensions and other legitimate requirements. However, the excess is enormous and must be immediately returned to the People of (( state name )), by and through the government of (( state name )) and all participating governments and government agencies/institutions participating in these programs. It is evident that with such enormous existing wealth under the control of government, no shortage should ever exist in this nation and state for anything or any purpose. In light of this enormous wealth, it is obvious that no taxes should have ever been charged to the People, businesses and industries of (( state name )), and it is further obvious that the State of (( state name )) and other participating governments and offshoots thereof have outrageously defrauded and deceived the People of (( state name )). Extensive detailed information on CAFRs can be found at http://www.CAFR1.com. America is a Constitutional Republic and the Supreme Law of this Republic guarantees under Article IV, Section 4, a republican form of government for every state. A republican government operates under the Rule of Law, not the rule of man. The Supreme Law of this land and this state is the national Constitution. For many decades, the politicians and government officers of (( state name )) have ignored the Supreme Law, imposed their own law under unconstitutional policies, egregiously violated their oaths, decimated the Rights of the People and threw due process of law into the trashcan. These criminal, unconstitutional actions must immediately cease. What is not authorized in the Constitution is prohibited by the Constitution. Despite this, government officials throughout (( state name )) have acted without Constitutional authority and do so to this very day. There is a long list of egregious, unconstitutional actions committed by the government of (( state name )) and the various local governments, and a very small sampling is listed herein below.

The circumstances below are specific to Maine and can be altered by the People of any state to reflect specific conditions in that particular state. The former governor and legislature unconstitutionally gave a free pass to industrial wind power by and through a deceptive, unconstitutional act, LD2283, which received little or no meaningful discussion in the legislature, no opposition, and was whisked through in rapid time. This pernicious action by government has greatly harmed the People of Maine and has adversely and permanently impacted the natural beauty and peace of this state. The government of Maine permitted our natural water resources to be used by private, profit-making enterprises, which allowed the majority of the hydroelectric energy created by and through the resources of Maine to be transferred to other states. Because of the so-called energy problems in Maine, the government, in apparent collusion with the industrial wind lobby and industrial wind power corporations, environmental organizations, and their respective cheerleaders, then instituted an insane drive for renewable energy in Maine, which champions industrial wind power at the expense of the People, the state, logic, and common sense. Proper use of our hydro-electric resources by government would have made this wind power fraud totally unnecessary. If the state were to demand that the egregious profit and subsidies were to be taken out of wind, it is highly likely there would be zero industrial wind operations in Maine. The government of the State of Maine must immediately remedy this unconstitutional assault on our state and her People and, further, return use of our hydro-electric resources for the benefit of Maine and her People. Government, in apparent collusion with Central Maine Power, aka, CMP, imposed smart meters upon all of the general public and other operations in Maine. Extensive information exists regarding the harm to health and wellbeing which these smart meters can

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cause to people and animals, as well as invasion of their privacy. Those people in Maine who refused to accept smart meters were unconstitutionally compelled to pay an initial extortion fee to retain their analog meters and then required to pay ongoing monthly extortion fees to keep their analog meters. The government of the State of Maine must immediately rectify these egregious, unconstitutional violations. Judges in courts throughout Maine serve in unconstitutional courts in which they routinely violate and perjure their oaths, deny due process of law and consistently oppose secured Rights guaranteed to the People in the national and state Constitutions. The courts of Maine must be restored to Constitutional, judicial forums and all domestic enemies must be removed from the bench. Corporate lobbyists must be immediately banned and permitted no influence, whatsoever, with the legislature. The legislature is wholly beholden to and must hold its allegiance strictly to the People and to no other entity, whatsoever. The above-stated rightful demands have arisen and are presented due to the positions and circumstances stated herein below: We, a delegation of peaceful, God loving, and free People domiciled on the State of (( state name )), having met and deliberated many hours regarding the repeated usurpation and abuse of powers granted, and rights protected, by the Constitutions for the United States of America and for the State of Maine, conclude that it is our right and duty, as the lawful, de jure government of Maine, and relying upon Gods goodness and guidance, to herewith remonstrate against our (( state name )) government, declaring our reasons for such remonstrance by providing the following determinations, so notifying you thereof, pursuant to your oath(s): 1. Because the Constitution for the United States of America, Article I, Section 1, concretely states that All

legislative Powers herein granted shall be vested in a Congress of the United States, and these enumerated powers were specific and limited for the purpose of severely restraining the very government thus created by that Constitution. 2. Because there has been imposed for nearly a century, a constantly depreciating, constitutionally unauthorized, unlawful fiat, interestbearing, debt-based currency issued through a privately owned and controlled central bank, and forced upon the People, because of deceitful and unconscionable acts imposed upon the People, by and through fraud, in violation of Constitutional requirements, said money causing continual degradation of our purchasing power, instability in our free market economy, and a deterioration of the Peoples lifestyle. 3. Because the government of our State of (( state name )) has, for numerous purposes, e. g., highway, school, and welfare program funding, agreed to accept and utilize from the United States government, its departments, agencies, and bureaus, this unlawful fiat money, and its attached mandates, in lieu of the lawful money described and authorized in Article I, Section 8, and further implied as gold and silver coin by Article I, Section 10 of the Constitution for the United States of America. 4. Because the Constitution for the State of Maine states in Article VIII, Part First, Section 1, that ...the Legislature are authorized, and it shall be their duty to require, the several towns to make suitable provision, at their own expense, for the support and maintenance of public schools, supposedly with lawful gold and silver backed money; yet, the government for the State of (( state name )) is accepting the above mentioned unlawful fiat currency to subsidize the costs of education, which subsidies ultimately dictate curricula to arbitrary forced standards, which contravene the genuine education of our children in (( state name )) public schools. 5. Because government officials and employees for the State of Maine are therefore violating Article VIII, Part First, Section 1 of the Constitution for the State

of Maine and their Oath of Office, and thereby violating the Public Trust and alienating the Peoples trust in their government. 6. Because the State of (( state name )) s elected members of the Legislature deny and refuse to declare and assert their just powers which are reserved to the States or the People, as affirmed in the 10th Amendment to the Constitution for the United States of America. 7. Because the powers not delegated to the United States by the Constitution for the United States of America have been unlawfully usurped and repeatedly violated regarding the Peoples inherent right to acquire, possess, and protect property, as stated succinctly in the Constitution for the State of Maine, Article I, Section 1. (and other pari-materia applications), and State of (( state name )) officials and employees have repeatedly failed to negate or nullify the usurpation, abuses, and violations, or otherwise protect its People from them. The above mentioned include, but are not limited to, the usurpation of private property rights by United States governmental departments, (e. g., Interior, Education, Transportation, Environmental Protection, Homeland Security, Agriculture, etc.); bureaus, (e. g., BATF; commissions, (i. e., LURC); and other agencies too numerous to mention, plus the surrender of said rights, and even our sovereignty, to foreign entities by our governments through socalled Treaties, (e. g., GATT, NAFTA, CAFTA, etc.), Councils, (i. e., the Presidents Council on Sustainable Development, Human Rights Council), Conventions, (e. g., Convention on the Rights of Persons with Disabilities); Charters, (e. g., the UN and its affiliates, ( e. g., ICLEI, UNESCO, UNICEF, NATO). 8. Because there are numerous unconstitutional laws, rules, and regulations being imposed upon the People of (( state name )) by its government departments, bureaus, agencies, or by NGOs created by them that obfuscate and/or impair the Peoples right to contract. Examples of such impairment include, but are not limited to the following: MSHA mandates, Statutes restricting landlord/tenant and/or

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insurance contracts, zoning regulations, International codes, and wage and price controls. 9. Because the (( state name )) Legislature unlawfully enacted laws that create victimless crimes, to unlawfully control social activities, invade private property, and increase revenues for the State of (( state name )) through the courts and law enforcement. 10. Because our governments were created to preserve and protect natural, inherent and unalienable rights, but through surrender to the above entities of ownership, control, and/or use of the Peoples property, the elected officials, agents, and employees of the governments for the United States and State of (( state name )) have violated their Oaths of Office (committed Treason against their Constitution(s)), and are thus subject to reprimand, arrest, fines, and/or other corrective action, such as that authorized in the self-executing Sections 3 and 4 of the 14th Amendment to the national Constitution to provide remedy and restitution for their wrongs against the People of the State of (( state name )). Therefore, We, the subscribers and undersigned to this Remonstrance, state, that no peaceful, lawful actions authorized by the Constitutions are exempt from our use as the sovereign Principals to fully restore our rightful Government, that is obligated to protect and preserve the above described rights and others retained by the People. Whenever Constitutional violations occur, Constitutional remedies exist We state that, providing there are no corrective actions timely taken in regards to this Remonstrance, and the rightful demands made herein, the People of the State of (( state name )) have the Constitutional power, authority, duty, and ...an unalienable and indefeasible right to institute government, and to alter, reform, or totally change the same, when their safety and happiness require it. Declaration of Independence, (Maine Constitution, Article I, Section 2; and other pari-materia applications). Also, we state that we will do all in our power to urge the People of (( state name )) to resort

to such lawful, peaceful yet strong actions as are required to provide said People with a return to the republican form of government as guaranteed in the Constitution for the United States of America, Article IV, Section 4, so help us GOD! Signed this (( day )) of (( month )), 2013, AD: by: _________________________________________ Full Name _________________________________________ Full Name _________________________________________ Full Name _________________________________________ Full Name _________________________________________ Full Name _________________________________________ Full Name _________________________________________ Full Name ADDENDUM Points and Authorities Biblical Law at Common Law supersedes all laws, and Christianity is custom; custom is Law. Robin v. Hardaway, 2 Va. (2 Jefferson) 109, 114 (1772) All acts of legislature apparently contrary to natural right and justice are in our laws, and must be in the nature of things considered as void. The laws of nature are the laws of God; Whose authority can be superseded by no power on earth. A legislature must not obstruct our obedience to Him from whose punishments they cannot protect us. All human constitutions which contradict His laws we are in conscience bound to disobey. Such have been adjudications of our courts of Justice. Robin v. Hardaway, 2 Va. (2 Jefferson) 109, 114 (1772) In Question 94 of the Prima secundae of his Summa theologiae (I.ii), Aquinas asserted the concept of an eternal law which provides the road map for all ethics and ethical conduct. This eternal law, Aquinas reasoned, is Gods device to govern the entire community of the universe toward the common good. The

divine law, as represented for example in the Ten Commandments, makes eternal law more concrete and knowable. Natural law then transforms the laws emanating from the realm of the supernatural, making them knowable in the hearts of human beings and instructs them to do good and avoid evil. Lastly, human lawwhich translates natural law into concrete norms governing particular peoples and nationsis the most concrete and specific application of eternal law in the realm of the nature. Robin v. Hardaway, 2 Va. (2 Jefferson) 109, 114 (1772) Everyone is required to take notice of the extent of authority conferred by law on a person acting in an official capacity, Hume v. United States, 132 US 406, 33 L ed 393, 10 S Ct 134, among their obligations as recipients of a public trust, are to perform the duties of their offices honestly, faithfully, and to the best of their ability; to support the United States and state Constitutions and to obey the laws enacted thereunder; to accept the offices to which they are appointed or elected, together with the burdens pertaining to such offices, to refrain from activities which will interfere with the proper discharge of their duties; to use reasonable skill and diligence in the discharge of their duties; and to exercise a proper degree of care in the choice of their subordinates. Every public officer is bound to perform the duties of his office honestly, faithfully, and to the best of his ability, United States v. Thomas, 15 Wall. (US) 337, 21 L ed 89; in such a manner as to be above suspicion of irregularities, State ex rel. Fletcher v. Naumann, 213 Iowa 418, 239 NW 93, 81 ALR 483; and to act primarily for the benefit of the public, Hornung v. State, 116 Ind 458, 19 NE 151, 2 LRA 510. An attempt to exercise those powers corruptly - as under the influence of bribery or in bad faith - for some improper purpose is null and void. An officer acts corruptly in submitting to personal influence in deciding what his action in a public matter shall be, with knowledge of the facts and the purpose.

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Kaufman v. Catzen, 81 W Va 1, 94 SE 388, LRA1918B 672. An officers or public employees duty of loyalty to the public and to his superiors is similar to that of an agent of a private principal. He is bound to impart material information which he has received in the course of his employment and is derelict in his duty when he knowingly allows others to profit by his silence, Coos County v. Elrod, 125 Or 409, 267 P 530. He is further bound to act impartially in matters pertaining to the administration of his duties, Jaffarian v. Murphy, 280 Mas 402, 183 NE 110, 85 ALR 293. Particularly is this rule applicable to judges and officers exercising judicial functions. As is stated in another article in this work, interest, relationship, and the like disqualify a judge or officer exercising judicial functions from presiding in an action or proceeding. The Supreme Court of the United States has repeatedly asserted that all the officers of the government from the highest to the lowest are creatures of the law and bound to obey it. The officers of the law, in the execution of process, are obliged to know the requirements of the law, and if they mistake them, whether through ignorance or design, and anyone is harmed by their error, they must respond in damages. Rogers v. Marshal (United States use of Rogers v. Conklin) 1 Wall. (US) 644, 17 L ed 714. The Constitution of the United States is, of course, the supreme law which officers must obey in case of conflict with local constitutions and laws. It is a general rule that an officer executive, administrative, quasi-judicial, ministerial, or otherwise who acts outside the scope of his jurisdiction and without authorization of law may thereby render himself amenable to personal liability in a civil suit, Cooper v. OConnor, 69 App DC 100, 99 F(2d) 135, 118 ALR 1440; Chamberlain v. Clayton, 56 Iowa 331, 9 NW 237, 41 Am Rep 101. If he exceeds the power conferred on him by

law, he cannot shelter himself by the plea that he is a public agent acting under color of his office, Nelson v. Babcock, 188 Minn 584, 248 NW 49, 90 ALR 1472; or that the damage was caused by an act done or omitted under color of office, and not personally, First Nat. Bank, v. Filer, 107 Fla 526, 145 So 204, 87 ALR 267. In the eye of the law, his acts then are wholly without authority. Kelly v. Bemis, 4 Gray (Mass) 83, 64 Am Dec 50. A public officer who knowingly or negligently fails or refuses to do a ministerial act which the law or legal authority absolutely requires him to do may be compelled to respond in damages to one to whom performance was owing, to the extent of the injury proximately caused by the nonperformance. Amy v. Supervisors, 11 Wall.(US) 136, 20 L ed 101. A public officer as a rule is answerable to private persons who sustain special damage resulting from the negligent performance of the officers imperative or ministerial duties. An officer who willfully and wantonly appoints an unfit and incompetent person for public duties may be liable for damage which proximately results therefrom. Wile v. Harrison, 105 Okla 280, 232 P 816, 38 ALR 1408. A public officer is liable for the misconduct or negligence of his subordinates where he is entrusted with their selection or appointment, and through carelessness or unfaithfulness appoints incompetent or untrustworthy persons. Richmond v. Long, 17 Gratt(Va) 375, 94 Am Dec 461. An administrative officer is, however, liable for the misconduct or negligence in the scope of the employment of those employed by or under him voluntarily or privately, and paid by or responsible to him. If a public officer authorizes the doing of an act not within the scope of his authority, he will be held liable.

Bailey v. New York, 3 Hill (NY) 531, 38 Am Dec 669, affirmed in 2 Denio 433. It is a general rule that good faith and absence of malice constitute no defense in an action to hold a ministerial officer liable for damages caused by his nonfeasances or misfeasances, Amy v. Supervisors (Amy v. Barkholder) 11 Wall.(US) 136, 20 L ed 101; for an officer is under a constant obligation to discharge the duties of his office, and it is not necessary to show that his failure to act was willful or malicious, 95 Am St Rep 74. And this is likewise the rule in respect of officers with discretionary powers who have exceeded their jurisdiction and have acted without authority of law. Stiles v. Lowell (Stiles v. Morse) 233 Mass 174, 123 NE 615, 4 ALR 1365. We are bound to interpret the Constitution in the light of the law as it existed at the time it was adopted, not as reaching out for new guaranties of the rights of the citizen, but as securing to every individual such as he already possessed as a British subjectsuch as his ancestors had inherited and defended since the days of Magna Charta. Mattox v. U.S., 156 US 237,243 (1895) The Constitution is a written instrument. As such, its meaning does not alter. That which it meant when it was adopted it means now. S. Carolina v. U.S., 199 U.S. 437, 448 (1905) That which is implied is as much a part of the Constitution as that which is expressed, and amongst the implied matters is that the nation may not prevent a state from discharging the ordinary functions of government, and no state can interfere with the national government in the free exercise of the powers conferred upon it. S. Carolina v. U.S., 199 U.S. 437, 448 (1905). The Constitution of these United States is the supreme law of the land. Any law that is repugnant to the Constitution is null and void of law. Marbury v. Madison, 5 US 137,(1803)

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No state shall convert a liberty into a privilege, license it, and attach a fee to it. Murdock v. Penn., 319 US 105, (1943) If the state converts a liberty into a privilege, the citizen can engage in the right with impunity. Shuttlesworth v. Birmingham, 373 US 262, (1969) Where rights secured by the Constitution are involved, there can be no rule making or legislation, which would abrogate them. Miranda v. Arizona, 384 U.S. 436, (1966)

An unconstitutional act is not law; it confers no rights; it imposes no duties; affords no protection; it creates no office; it is in legal contemplation, as inoperative as though it had never been passed. Norton v. Shelby County, 118 U.S. 425, (1886) The claim and exercise of a Constitutional right cannot be converted into a crime. Miller v. U.S., 230 F.2d. 486,489

For more information, contact Jack and Margy Flynn www.CitizensoftheAmericanConstitution.net (( http://tinyurl.com/aap857s )) Email: takebackourrights@yahoo.com Telephone: 207-404-9093 You can also access the Maine version of the Remonstrance and also sign on in support of it at this website: http://www.mainerepublic.com Wayne Leach: hawkeye1937@gmail.com Gary Smart xjdigger@gmail.com

Back Issues: http://www.scribd.com/maine_patriot_press Books by the publisher: http://tinyurl.com/ctj3zsx The Re-Declaration of Independence of 2012: http://www.youtube.com/watch?v=H1K7YeuziKA

ad Christi potentium et gloriam (for the power and glory of Christ)

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