Latest Posting From Stephen L. Rush

IN THE NAME OF THE PEOPLE

OF THE UNITED STATES

by

WILL OF THE PEOPLE

CONSTITUTIONAL AUTHORITY BOARD

DETERMINATION PROCLAMATION

Mr. President-recalled,

In rebuttal to your State of the Union address to the American public this year, your statements not only do not reflect the entire facts, some are outright contrary to the Constitution, even the authority of this established body.  For you are notified all leading heads of state have been recalled by a legal process declared by founding fathers as a constitutional right.  So, your State of the Union (SOTU) made last week is a sham – without the integrity or legal standing.

Your views on the erratic climate, partisan politics, and foreign policy falls short in every measure of what the people have called for.  You hold the line on climate initiatives and deter myths by corporate-paid research, but rely on fossil fuel energy infrastructure, while rejecting any resource that would help climate reversal small business or start-ups achieve any real change.  You speak of working together across the aisle and diffusing discord, but the word “unity” cannot be found.  And, regarding foreign policy, you speak of loosening sanctions on Cuba, but without real aid.  You speak to the bankrupt ideology of Islam, but do not propose strategy.  You finally return to include Israel as one of our allies, but stop short of defensible borders for her. The entire State of the Union address looks good on the surface, but does not impress.

Your stance on the economy, policing, and security is not good for the people, even contrary to constitutional protections.  You speak of a growing economy, but you fail to address the problem of income disparity – having to work two and three jobs to maintain one’s standard of living.  You crack down on small business taxes with bank statements, which is deplorable, and then fail to present a plan to close the loopholes for the top one percent of spenders.  You speak of “a leg up” for working Americans, while forcing higher wages proven to deepen inequities and worsen inflation without lifting the income earnings’ glass ceiling.  You mention events in Fergusson and New York, but do not address how local police have targeted the black community for years or address concerns how police may have been supplied militaristic weaponry.  You say you support a free and open internet, while spying on American citizens and cracking down on NSA hackers without warrant or due process who simply wanted to defy unlawful government.  The State of the Union speech sounds like you bring liberty, but in reality, steals freedom at its heart.

You dodge around the political “landmines”, and ask questions, but your SOTU does not have any legal effect, any real worth, or meaning.  You have yet to instruct Congress using words that convey necessity and expediency, negating the force of the SOTU (address to Congress defined: Article II, Section 3).  This is required for enforceability (order to enforce: 28 U.S.C. § 4.1(b)).  Your half-hearted stance on values, spying on citizens, and the people’s economy have all been contested in petitions, protest, and 2012 Continental Congress, making your policy counter-productive and your representation of no effect (right to redress: First Amendment).  You have yet to recognize this agency, its people-initiated federal recall, and legal recourse, making any action you take illegal (agency obstruction: 18 U.S.C. Part I, Ch 73 § 1505). 

Perhaps, you are unfamiliar with the right of the people to retract their consent to be governed through a recall of federal officials, as the founding fathers and Declaration describe it?  The determination whether a federal recall process is warranted, is by a series of actions on the part of government officials, in which, act outside of the Constitution or acts made irresolvable, where other elections fail to settle the matter, in a way that offends the Constitution, or grieves the people – all which the federal government has caused.  George Washington said,

“The power under the [U.S.] Constitution will always be in the People.  It is entrusted for certain defined purposes, and for a certain limited period, to representatives of their own choosing; and whenever it is executed contrary to [such] Interest, or not agreeable to their wishes, their [Public] Servants can, and undoubtedly will be, recalled” (letter to Bushrod Washington, 1787).

Legal experts David C. Grossack and Edward A. Fallone support the idea of a federal recall as being constitutional in their original arguments in 2009 and 2011, respectively (since removed from public view, as we near 2016 elections).  Even the Declaration of Independence protests that government should ever have the last word, saying,

“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 or to abolish it.”

The Tenth Amendment declares these as “powers of the people”.  So, the people are granted powers by the Constitution for a people-initiated federal recall (unlike a state-led recall) when there is jeopardy.  This “constitutional jeopardy” is to the people as “clear and present danger” is to government: the (on-)going concern of the nation is at risk.  It is expected – being preferred to civil unrest or revolutionary war.  Simply, a federal recall exists to halt attacks against the Constitution or oppressions upon the people, and to restore the government to a Constitution of the people, by the people, and for the people.  Surely, you know basic American tenets as these?

The federal government has acted to erode the effectiveness of the Constitution and undermine liberties of the people.  Laws have been made to specifically subvert the economics and liberties of the people otherwise guaranteed by the Constitution and higher law.  Erosion and denial of rights to the middle class and small business, along with profiteering to the specific detriment of the taxpayer, homeowner, and worker, from corporate bailouts to universal insurance schemes, have resulted in grave inequities to lesser fortunate and understandable public outcry.  Worse, orders were given and laws were made designed to quell the people from reaction, allowing police officers to apply brut force and arrest anyone who would question lawmakers, and drone strikes were ordered on American citizens in 2011 without due process (Yemen).  Resolution of these grievances are imperative for the protection of the people.  Here is a partial list of laws:

·       National Special Security Event (NSSE), Federal Restricted Buildings and Grounds Improvement Act (a.k.a., GRABIF);

·       Foreign Intelligence Surveillance Act (FISA, reauthorized), US Patriot Act, Protect IP Act (PIPA), Stop Online Piracy Act (SOPA);

·       Anti-Terrorism and Death Penalty (ATDP), National Defense Resources Preparedness Authorization Act (NDRPA), and National Defense Authorization Act (NDAA).

These laws are written in a way that their language is so broad, and their application is so wide, they can be used any way without constitutional guarantees.  These laws were often made by the federal government in secret, as has since been revealed by whistleblowers and concerned citizens.  These laws are unlawful: they are a concerted attempt to attack nearly every right throughout the Bill of Rights: abridging freedom of speech, disparaging peaceful assembly, resisting and obstructing protestors, denying petition for “redress” (to receive correction), authorizing spying on citizens and their electronic “papers and effects”, issuing unreasonable searches and seizures of electronics and communications devices without warrant or probable cause, depriving persons of their life, liberty, or property without any compensation, as well as discouraging accountability of representatives to the people, amending the Constitution through laws made in secret and other unconstitutional means, and prohibiting or excluding power otherwise guaranteed by the Constitution to and for the people.  The Bill of Rights guarantees consent to be governed and sovereign accountability by will of the people.  Without them, the people have no real protection from tyranny. 

The people exercised their rights to protest such laws beginning mid September, 2010 believing those would cause erosion of specific liberties found in the Bill of Rights and Declaration of Independence, even calling for “use of force” on those who dissent (Occupy movement).  Such laws gave the federal government authority beyond their constitutionally delegated powers (Articles I, § 2, Par. 3, § 8, Last Par.; II, § 1, Last Par.; III, § 2, Par. 1 & 2; V; VI, Last Par.; and Amendments I; II; III; IV; V; VI; X; XIII; XIV § 4).  The federal government not only took a deaf ear to the cry of the people, but Occupiers were also being arrested in several cities throughout the nation, as had been feared (various dates, locations per news outlets).  So, the people met in Continental Congress the first week in July 2012 to present a formal petition to the government (the99declaration.org, 2012).

The people’s petitions, protests, and congress should not have been ignored by the government, as the people have a First Amendment right to petition to receive redress (correction).  The people then provided an extraordinary writ to the Supreme Court on May 28, 2013, qualifying for every exclusion when only one was needed (as in, Omaha Indemnity Co. v. Superior Court, 209 Cal.App.3d at 1273-1274, 258 Cal. Rptr. 66. 1989), but the court rejected it for frivolous reasons.  (Supreme Court Rule 33.2(b) pro-se filings can be on 8 1/2 by 11, and Federal Civil Procedure Rule 5(d)(4) says “a clerk of the court must not refuse to file a paper solely because it is not in the form prescribed.”)  The people chose not to send an amicus error brief in reply, for jeopardy of due process, and left the matter open by asking government for assistance instead (request notices: Solicitor General, Inspector General, The President, etc.; June - July, 2013).  Having exhausted viable legal course and notices, the people filed for federal recall on September 20, 2013, according to the recall process for removing any public servant specified by George Washington in a letter to Bushrod Washington, 1787 (see Washington’s quote).  This was done without the traditional state-initiated participation or state-led representation process and electoral college, as per court decisions (re: “conflict of powers”; Recall of Legislators and the Removal of Members of Congress from Office, Congressional Research Service, 2012).

Despite having legally filed an election, the states elections officials refused to print election materials (confusion or obstruction of an election does not make it illegal).  Again seeking assistance and resolution in October and November of 2013, final pleas to the FBI and President were sent.  Legal documents were submitted at the close of that year against state elections officials for defrauding the public and obstructing a constitutionally guaranteed voting process (50 states, and the territories per List of Defendants).  When the courts again refused the people for frivolous reasons, against the rules of the court and federal law under the Constitution according to court documents, it placed a burden on the Constitution by all three branches for jeopardy of the “(on)going concern of the state”.  Anarchy was certain, except for provisions in the Declaration to return a destructive government back to foundational principles.

The recall was held January 14, 2014, legally unseating the heads of each branch of the federal government, as well as Justice Antonin Scalia, Senators serving more than one term, and Representatives serving more than two terms  (per List of Recallees and Specific Federal Recall Rules and Procedures).  Using contempt powers, Will of the People Constitutional Authority Board denounced the fraudulent acts and illegal decisions on the part of heads of state and the courts for rejecting the rights and consent authority of the people and rendered favorable judgment to the people (28 U.S.C. § 4.1(b)).  Legal discovery and process established how government was not being incompetent, and was not simply acting unauthorized of the Constitution, but was acting illegitimate for claims against the State (general malfeasance (U.S.C. A(5)); conspiracy for economic benefit (18 U.S.C § 371); incitement encouraging violence in supplying militaristic weaponry to local police (28 U.S.C. § 631(i); 18 U.S.C. § 2101); the use of “force” as sedition (Ch. 115 USC §§ 2381 - 2385, Title 18)).

After issuing a favorable judgment to the people for federal recall, Will of the People C.A.B. then requested the assistance of U.S. Marshals to implement the recall (April 18, 2014), and sent warrants calling for the removal of officials in D.C. that had been recalled (Aug 16, 2014), and followed up with ordering notices to be published by the Federal Registrar under general applicability for a government body exercising a penalty (44 U.S.C § 1505 (a)(2)).  All refused to honor the weight and severity of U.S. law under the U.S. Constitution, against federal law for obstruction of an agency (18 U.S.C. Part I, Ch 73 § 1505), which is treasonous when acting to advantage enemies of the State according to Article III, Section 3, Par. 1.  Will of the People C.A.B. then requested the assistance of the Secret Service to no avail.

Are these laws so bad that one would go through such great lengths and cost just to prove a point?  Martin Luther King, Jr. sacrificed his life 50 years ago in the pursuit of F-R-E-E-D-O-M.  Now, haters of race and our Bill of Rights in America want to return to a time when blacks were enslaved, corporations were run by trusts, bankers owned all the land, utilities polluted everything otherwise healthy, and politicians were bought.  It is true:

The Voting Rights Act of 1965 has been gutted by the Supreme Court and states have rolled back election participation, Citizens United case has asserted the personhood of a corporation, the derivatives scam that led to the bank bailout (Troubled Assets Recovery Program) forced the working poor and middle-class homeowners to foreclose their somehow unaffordable homes, fracking created earthquakes in places that do not have active fault lines while coal companies fraudulently sold the public on phony benefits of untreated runoff water, and a week has rarely gone by in which there also existed some whistleblower exposing the unconstitutionality of more government cover-ups.  Congress invented laws beyond their constitutional powers that restricted public assembly and access to government officials, spied on American citizens without due process, and taken measures in which advance Marshal Law in peacetime (see list of laws).  Together, these laws attempt to destroy the means of the people, provide a work-around to the Constitution, and subvert every right (“The Flaw”, Steve Milne and Mark Foligno, 2011; “United States of Secrets”, Frontline, 2014; “War On Whistleblowers”, Robert Greenwald, 2013). 

Decisions of the U.S. Federal Government over the course of time made trampling on civil rights possible – the rights that King died for.  Worse yet, the political parties have been polarized just like light-skinned and dark-skinned [blacks] were isolated and taught to mistrust the other [even] 100 years ago.  The American people are not stupid regarding the government's shenanigans and can see what is going on: the same happened in Germany.  So, what then?  They gonna’ start rounding up Christians and Jews, now?  Ridiculous to let it happen here in the land of the free.  We are Americans!

Although politicians, parties and pundits may deny any relationship, coincidence is a hard sell when voter disgust is all the rage.  We, the people, refuse to be sold into slavery ever again – whether by force or economic and political oppression.  The U.S. government has been shown to act outside of the Constitution for destructive purposes.  The Heads of State in this country must be brought to justice.  Obama, Boehner, Biden, Roberts, and Scalia have already been unseated by legal process and are stripped of any power and privilege according to Tenth Amendment known powers of the people (those affirmed by the Founding Fathers).  This nation must honor the laws it was founded on or not have government at all and regress into barbarism and anarchy. 

The Continental Congress gives the people the means for revocation of governed consent by any means appropriate, and the people chose to implement a recall.  The people have sovereign authority to revoke their consent to be governed per the Declaration of Independence, and federal powers no longer delegated to an authorized government of the Constitution are assumed to revert to the people per the Tenth Amendment.  So, Senators who have served more than one term should not be let back in when they leave at night.  And, Representatives serving more than two terms should be physically removed from office.  Elections officials that tried to block the recall by refusing to send out voter guides should be arrested for obstruction, along with lawmakers who voted to remove civil rights protections, and those that carried them out in their official capacity, should be arrested for conspiracy and malfeasance.  These are all enemies of the State, the Constitution, and the people for attempting to erode the Bill of Rights and to repeal laws of the people.  Therefore, they should all be indicted for treason and high crimes, and laws of the people can then be restored.  The Declaration provides the consolation that, “it is [our] duty to throw off such Government, and to provide new Guards for [our] future security.”

Therefore, it is determined you are without excuse or recourse, and within 24 hours of receipt of this notice, all major heads of state and recallees will be removed.

Stephen L. Rush, Defender of the Constitution

Will of the People Constitutional Authority Board

www.willofthepeople.agency

Out of love for the Constitution and from the desire to illuminate it, as its Defender and Protector of the People, born of the families who settled this land and founded this country, and presiding over Will of the People Constitutional Authority Board, Stephen L. Rush instructs this Proclamation be posted in places where it will be most visible before the capitol of this nation.  He asks that those who cannot dispute the charges publicly with decorum and truthfulness, do so honorably in writing.  In the authority of the People, so executed.