The Court of Last Resort

[Sandra]

House and Senate are out of control as they have been ignoring and openly defying The Constitution of the United States

The Court of Last Resort

 
 - Stan McHugh  Friday, May 27, 2011

It is an undeniable fact that the current administration in Washington and many members of both the House and Senate are out of control as they have been ignoring and openly defying The Constitution of the United States on a regular and repeated basis. The same is true of members of the Federal Judiciary that by legislating from the bench ignore and defy the Constitution.

If America is to survive as a nation of laws that protect the freedom of the individual citizen, something must be done to bring such people under control. Clearly the arrogance of these individuals has become such that they see themselves as being above those laws (The Constitution of the United States) that they are all sworn to protect and defend. Removal from office of those who violate their very oath of office is, without question, a just response to such action. Officials that are elected can always be removed from office at the next election, but the damage that they do by their outright unconstitutional actions while in office can take years if not generations to repair. Others are appointed, some even for life, which places them effectively outside the control of the citizens that they supposedly serve.

Although far too many people today seem to have lost track of the concept, it is a fact that this nation was established, not for the benefit of the rulers or a “ruling class” but for the protection of the freedom of the citizens. The Constitution was written by our founding fathers, not to grant certain rights to the citizens but, rather to limit the power of the Federal Government to take rights away. Even the so called “Bill of Rights” was not written for the purpose of granting rights, as the name implies, but rather to restrict and limit the power of the Federal Government, thus preventing it from infringing upon the rights of the people as enumerated.

The men who wrote The Constitution obviously knew that future laws would be written by men and that, as such, some laws would be good for the citizens and some would be bad. However, to offer some protection from bad laws, The Constitution prohibited the Federal Government from writing laws in the vast majority of cases, thus reserving that power to the individual states. There were two very valid reasons for doing this. The first was a clear knowledge of the fact that the closer any government is to those it governs, the more just such government will be. The second reason was to establish and protect a system where competition between individual states for population and the means of commerce would serve to limit the writing and enforcement of bad laws. Bad laws written at a state level affect only the citizens and or commercial interests of that particular state and those citizens and commercial interests are free to relocate to states without similar bad laws. We have all seen the exodus of citizens and businesses from highly taxed and regulated states to those without such impediments to freedom and prosperity. Bad laws written and enforced at a federal level, however, are far more dangerous as they affect the entire country not just a single state.

Clearly and simply the tenth amendment limits the powers of the Federal Government to only those powers delegated in The Constitution and reserves all others to the States and the People. However, for over a Century the Federal Government has been expanding its power at an alarming and ever increasing pace until now there is absolutely no resemblance between what exists in Washington today, and what was set forth in The Constitution by the founding fathers. In its expansion the Federal government has encroached upon and literally seized powers from the States and the people that it is specifically forbidden to have and has done so in outright defiance of The Constitution. The expansion of the Federal Government has reached a point in this country where individual liberty is no longer a protected Right as expressed in the Declaration of Independence but rather a privilege to be doled out to those in the favor of what has become a self appointed “ruling class”. We are fast losing the position of a nation governed by laws to one governed by those in power. It is time for the citizens of the United States of America to once again declare themselves to be free individuals and retake control of government, starting at the Federal level.

High crimes or misdemeanors and impeachment

The elected members of the House and Senate are charged by the Constitution with the responsibility and are provided with the authority and procedure (impeachment by the House of Representatives and trial by the Senate) for the removal from office of federal officials who have committed treason, bribery or other “high crimes and misdemeanors”. From 1789 to the present there have been a total of 44 presidents, 44 vice presidents, 1,930 Senators, 8,956 members of the House of Representatives and 112 Justices of the Supreme Court. Add to that the numerous judges from the Federal District, and Federal Appeals and fourteen other “Federal Courts of Special Jurisdiction” and the historical number of federal officials exceeds fifteen thousand (15,000) individuals.

From 1789 to date only a total of nineteen (19) federal officials have even been impeached (charged) and only seven (7) actually convicted and removed from office. All seven of those actually removed by conviction were district court judges and basically “little fish”, not being part of the Washington power structure. A few have resigned rather than face impeachment or, following impeachment to avoid conviction However, from 1789 to the present date not one single president, vice president, senator, congressman or supreme court judge has ever been removed from office by the impeachment process. Are we seriously to believe that of the thousands and thousands of federal officials employed over that length of time only sixteen (16) committed crimes that rose to the level even of impeachment let alone conviction and removal from office? What should be absolutely clear is that federal officials in Washington are and always have been unwilling and or unable to clean their own house and remove from office their fellow officials that commit treason, bribery or other “high crimes and misdemeanors”.

What exactly constitutes “high crimes or misdemeanors” for which, in addition to bribery and treason, a federal official may be tried, convicted and removed from office? Obviously “high crimes and misdemeanors” can include a variety of offenses some quite serious and some less so. The direct and intentional violation of The Constitution by any federal official up to and including the president must certainly constitute a “high crime or misdemeanor”. Although the exact wording does vary slightly between the various offices, all federal officials both elected and appointed, must swear an oath to support, uphold, protect and defend the Constitution of the United States. If a direct violation of said oath to uphold the supreme law of the land does not constitute a “high crime or misdemeanor” then the entire concept of rule of law is without meaning. Without any question the direct and intentional violation of The Constitution of the United States by any federal official does constitute a “high crime” for which that official must be removed from office.

Based upon the literally nonexistent track record of the Washington power elite in policing their own ranks, the power to impeach and, upon conviction, remove from office any and all federal officials so convicted must be expanded by Constitutional Amendment to place said power in the hands, not of those in Washington, but rather in the hands of the elected officials and the citizens of the several states.

It is herein proposed that an amendment to the Constitution be written and adopted that provides a legal mechanism, external to the Federal government but with legal authority over same, to bring charges, indict and try those officials who are charged with “high crimes and misdemeanors”, most especially the violation of the Constitution. The penalty for conviction of such constitutional violation shall be the immediate and permanent removal from office of the individual so convicted, and lifetime disqualification to hold any office within the Federal government.

The following is a suggested format for what if proposed, accepted and ratified would become Amendment XXVII to the constitution of the United States. It is very important that the mechanism for the exercise these powers require considerable effort and dedication at the level of citizens and the states so that the power of this amendment be used only in cases where clear and intentional violation of the limitations of the Constitution have occurred and are ongoing. Great care must be taken to construct this amendment in such a way that it not be used as a tool for the simple overturning of legal election results or for the purpose of expanding or maintaining the power of any individual political party.

Article XXVII

Section 1

The right of the citizens of the United States to call for the removal from office of elected and or appointed officials of the federal government shall be herein guaranteed. Direct violation by any Federal official or officials of the provisions and limits of power as set forth in this Constitution shall constitute grounds for removal under this article.

Section 2

The procedure for the guarantee of this right shall exist in actions taken by the citizens through the legislatures and certain elected officials of the several states. The Federal government shall be barred from participation or influence in any way or manner in the execution of these actions but will be totally bound by law by the results thereof.

Section 3

In each individual state a call for impeachment of any federal official may be initiated by either of two distinct ways. The elected governor of each state will have the power to call for a vote of impeachment by the legislature of that state in order to initiate this procedure. The citizens of each state will also have the power through signed petition to require a vote of impeachment by the legislature of that state. The number of verified signatures on said petition must equal or exceed one fifth of the total number of votes cast in the most recent general election. When so ordered by the Governor or citizen petition the legislature of each state so ordered shall be required to convene if necessary and vote on such charges. A simple majority vote by each state’s legislature shall stand as that state’s authorization for charges to be brought against said official. Such authorization when confirmed by a simple majority of the several states shall require that charges be filed and the offending federal official be impeached.

Section 4

When impeachment is authorized in accordance with Section 3 of this article the elected governors of the several states shall be required to stand as jurors for such action. Conviction and removal from office of the federal official charged under this article shall require no less than a two thirds majority vote of the governors voting, excluding any and all abstentions.

Section 5

Conviction of any federal official under this article shall not extend further than the immediate removal from office of said official and lifetime disqualification to hold any office of the Federal Government. Such conviction and removal from office shall include immediate forfeiture of all claims to compensation of any kind whatsoever from the date of such conviction including all perquisites and pensions. Such conviction and removal from office shall not provide any immunity from indictment, trial, judgment and punishment according to federal, state or local law for any crimes committed by said official while in office

The critical need for an Amendment to the Constitution as recommended (above) becomes clearly and painfully obvious when the impeachment record of the federal government is analyzed. Using the number of 15,000 as a total for federal officials that have held office since the country was established only just over one tenth of one percent (.0013%) have ever been impeached and just under five one hundredths of one percent (.00047) removed from office. Without question the existing procedure for the removal of federal officials from office when they commit the very “high crime” of violating the Constitution that they are sworn to protect and defend is not and has never worked to any degree of effectiveness. The primary purpose of any impeachment procedure is the same as with any law. Ideally it should exist, not to punish the wrongdoer, but to serve as a warning to prevent the commission of the crime in the first place. However, when those who violate our nation’s Constitution know that their chances of actually being called to account and removed from office are less than five one hundredths of one percent there is no deterrent whatever. That must be changed.

Should the current congress fail to propose an amendment as described above, Article V of the Constitution provides the authority of calling for a Convention for proposing Amendments to the Constitution that does not require the cooperation or approval of the Federal Government. A two thirds majority of the legislatures of the several states also hold the constitutional power to call for a Constitutional Convention.

It is very important to note (see references below) that, without exception, all federal officials must swear to support (or preserve), protect and defend the Constitution of the United States. The oath for the President also includes swearing to “faithfully execute the office of President” but the Vice President, all members of Congress and all members of the Federal Judiciary are required to swear to “preserve, protect and defend the Constitution of the United States”. Federal judges must also swear to “...administer justice without respect to persons, and do equal right to the poor and to the rich…” Without exception all federal officials must, with slight differences in wording, swear to uphold the Constitution. By those oaths it is abundantly clear that violation of the Constitution by any federal official constitutes a “high crime” for which impeachment and, upon conviction, removal from office MUST be imposed.

References: Oaths of office for federal officials.

President: “I do solemnly swear (or affirm) that I will faithfully execute the office of President of the United States, and will to the best of my ability, preserve, protect and defend the Constitution of the United States.”

Vice President: Although the Constitution does not provide exact wording for the Oath of Office for the Vice President the following has been in use since 1884:

“I (name) do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter. So help me God.”

Senator and Congressman: Same as for Vice President.

Federal Judges including Supreme Court Justices: Federal judges are required to take two oaths.
The first oath is:

“I, (name), do solemnly swear (or affirm) that I will administer justice without respect to persons, and do equal right to the poor and to the rich, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as (office) under the Constitution and laws of the United States. So help me God.”

The second is the same oath that members of Congress take:

“I, (name), do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter. So help me God.”

 
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