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Petition Tag - unconstitutional
1. The Proposal
We The People are of the firm belief that our United States Constitution is being violated. We are very aware of the exploitation of our rights to life, liberty and the pursuit of happiness. Further, we also believe that “no one is above the law”. The United States Government officials are NOT upholding their Oaths of office.
Therefore we are offering to you as representatives of We The People our Proposal for government accountability to use as a guide, to endorse the suggested measures therein. As in there are punishments for the People when the law is broken, so should there be punishments for governmental officials as well. Violations to our Constitution and the Declaration of Independence have taken place in the current government administration. Governmental self-interests are running rampant.
We The People are summoning you for assurances that these type violations NEVER take place at any other time in the future within our government. Our liberties and freedoms are the foundations of our very lives. We, therefore, EXPECT our government officials to honor and support the People for whom the above documents were founded.
Assure governmental accountability to the people of the United States of America. Establish rules and guidelines of said accountability and determine punishment and penalties for federal government officials failing to meet the rules and guidelines set forth.
To ensure that the United States Constitution is permanently preserved for the rights, freedoms and liberty as stated therein. To ensure that the United States Constitution is absolutely the “supreme law of the land”. The above proposal assures that “No One Is Above The Law” which includes all elected and appointed officials of the United States Federal Government.
References to Proposal and Purpose
The last time the Constitution was amended, gasoline was $.036/gallon! The current prevailing political system is overwhelmed with corruption. Massive government and political reform is necessarily needed.
The Framers of the Constitution certainly realized they could not achieve absolute perfection in creating the Constitution.
The Framers created procedures for the amendment process in Article V of the Constitution.
The Constitution has been amended 27 times in its history. The first 10 amendments were created by the Bill of Rights proposed by Congress in 1789 and ratified in 1791.
The additional 17 amendments were proposed and ratified in the subsequent 220 years!
With the traditional process, Congress can propose an amendment if two-thirds of its members are in agreement. The amendment can then be ratified by the agreement of three-fourths of the States.
An amendment to the Constitution cannot proceed if the Congress itself is the problem
Our United States Constitution is considered to be the “Supreme Law of the Land”, however it is not currently being enforced to meet that standard. See Article VI of the Constitution.
Each and every elected government official, all executive, judicial and members of Congress of the United States of America are bound by Oath or Affirmation, to support the Constitution.
The definition of tyranny is “oppressive power exerted by government”.
The definition of treason is “a betrayal of trust”.
The people of the United States of America (considering our experiences in the last 3+ years) under the so-called “leadership” of Barack H. Obama and all other elected and appointed federal officials, NEVER again should suffer the consequences of tyrannical and treasonous behavior as exhibited by this, or any future similar government administration. Specifically, tyrannical and treasonous behavior as defined clearly violates our United States Constitution as described in the Circumstances below.
Some of the circumstances under which the people of the United States of America have now become fearful and gravely concerned for our rights, freedoms and liberties are listed below. The current federal administration has violated their Oaths or Affirmations of office and the Constitution. Tyrannical and treasonous actions on behalf of government officials against the people have been committed as detailed below:
Citizens of the United States were denied much needed jobs because drillings for oil in the Gulf of Mexico after the oil spill carried too many frivolous and detailed regulations created by government officials.
Citizens of the United States were denied much needed jobs because government officials would not allow the construction of the Keystone Pipeline.
Creation of a “law” forcing citizens of the U.S. to buy a “product” they do not wish to buy.
Allowing or ignoring a group of non-law enforcers to place a bounty on another citizen’s life.
Allowing or ignoring a group of non-law enforcing citizens that were a “threat” to United States citizens at their voting jurisdictions.
Refusing to deal with known rampant voter fraud thereby making elections corrupt.
The refusal of government officials to establish a government yearly budget.
The refusal of government officials to act upon Standard & Poor’s downgrading of the United States AAA credit rating by not making any progress towards achieving a goal of stabilizing our debt.
Government handouts are already at record levels and the government is not even coming close to paying for all of this reckless spending.
Barack H. Obama openly challenged the Supreme Court of the United States in a State of the Union address. This is absolutely unprecedented – see Marbury vs. Madison.
Barack H. Obama stated that he would bypass Congress.
Barack H. Obama gives our land and resources to the UN.
Barack H. Obama continues to grow government and put us further and further into debt.
Barack H. Obama is prepared to silence those who speak out against him, implement martial law and shut down any resistance.
Barack H. Obama has no use for state governors, especially those who enforce their states' sovereignty. Example, the federal government suing Arizona over their immigration law, yet he refuses to act on illegal immigration.
Barack H. Obama and other government officials have ignored crises in which the intended result of tactics of demonstration and protest which either generate institutional disruption or bring unrecognized disruption to public attention. (Occupy Wall Street, etc.)
Obstruction by the DOJ of North Carolina’s non-partisan elections laws.
DOJ lawyers who represented GTMO detainees.
The fact that we even have a Fast & Furious investigation that Barack H. Obama and the DOJ are deliberately trying to sideline. They ALL needed to be IMPEACHED for this one!!
Barack H. Obama collaborates with the Muslim brotherhood/terrorists.
Barack H. Obama is trying to dismantle the military.
Barack H. Obama has done nothing helpful to improve the dire situation with our housing market.
Certain government officials are “tabling” bills from the House rather than place them up for vote.
There is blatant racial discrimination displayed by the DOJ.
The various scandals being investigated namely, the Secret Service, the U. S. Military and the GSA, just to name a few leads the people to wonder whatever happened to “leading by example”.
The Secretary of State Hillary Clinton’s ongoing effort to create international small arms accords that will subvert the Second Amendment rights of U. S. citizens.
Barack H. Obama and his environmentalist allies preventing U. S. industries from taking advantage of our rich natural resources including oil, coal, uranium and timber.
Barack H. Obama’s month long stint as UN Security Council Chair in 2009, the first ever by a sitting U.S. President. Not only did this action give credibility to an international organization ruled by tyrants, it also called into question potential dual loyalties by our President.
The Obama National Security Strategy released that allows for the targeted assassination of U. S. citizens including “homegrown terrorists” without due process.
Barack H. Obama executive order signed in Dec. 2009 that allows Interpol to operate in U. S. territory with impunity and without oversight by Congress, the courts, FBI or local law enforcement.
The State Department using $23 million in taxpayer money to help transform Kenya into a constitutionally communist nation where the freedom of speech is limited and private property rights are subservient to “social justice”. In addition, the recently adopted Kenyan constitution allows for the practice of Sharia Law in some regions, ensuring women will not be guaranteed basic human rights.
The $26 billion bailout of the teacher’s unions that Barack H. Obama signed into law.
Government officials protecting union interests over those of GM and Chrysler bond holders during bankruptcy proceedings, forcing investors to accept millions of dollars in losses in direct violation of bankruptcy laws, money to which they were legally entitled.
Spending $23 million of taxpayer money through the U.S. Agency for International Development (USAID) to support a constitutional referendum in Kenya in spite of the Siljander Amendment, which makes it illegal for the U.S. to lobby for abortion in other countries. The Kenyan referendum was partially written by Planned Parenthood and is designed to legalize abortion in that nation.
Barack H. Obama’s canceling of 77 properly filed oil field development contracts approved by the Bush administration by Interior Secretary Ken Salazar, preventing the extraction of up to 3 trillion gallons of oil buried under Colorado, Utah, Wyoming and North Dakota, more than enough to end our dependence on foreign oil and supply the U.S. with its energy needs for hundreds of years at current consumption rates.
We can also talk about the Solyndra scandal and how much taxpayer dollars were given to them that they wasted and then, shortly went out of business! There are other such similar scandals in the “green” energy endeavor.
The worst crime of all that Barack H. Obama has perpetrated against the American people is the economic tyranny his socialist policies have wreaked upon our nation. While Obama has been living the life of a king including frequent 5 star vacations, dozens of concerts at the White House and endless rounds of golf, all paid for by taxpayer money—the increased transportation and security costs alone are in the millions of dollars—he has called for the rest of us to endure economic sacrifice. The annual trillion dollar deficits and borrowing of 41 cents of every dollar of federal spending by Obama has led to unsustainable and catastrophic national debt.
And WORST of all, Republicans in the House ARE NOT PROTECTING the people’s right to free speech!! Personally saw and heard this on Tuesday, April 24, 2012. News title: New Law Makes Protesting Near the President Illegal; Judge Napolitano Calls It an ‘Assault on Free Speech’. All but 3 representatives in the House voted for this! SHAMEFUL!! Do you even KNOW the Constitution?
Regrettably, this list could go on and on. And unfortunately you know as well as We the People what is going on in this current government administration. Why are you NOT fighting for the people?
Recommended Punishment and Penalties
The most significant attributes of the U. S. Constitution are the establishment of the rule of law, the creation of a federal system with an exemplary national government, the separation of government powers into three branches that provide checks and balances for each other, its flexibility and the formation of a republican form of government.
In addition, if the people who commit crimes are subject to penalties, there should be no difference in the penalties for government officials. Clearly, the current administration has violated their oaths of office and the Constitution, being the supreme law of the land. No One Is Above the Law! Therefore, this proposal suggests the following:
Tyrannical and treasonous actions on behalf of any government official is a crime, and is punishable by fines and imprisonment as designated by a jury of their constituents and peers, namely the non-elected people of the United States of America of whom these officials are elected to represent.
Likewise, government officials averting or violating their Oaths of office are considered to be tyrannical and/or treasonous behaviors.
Any corruption committed by a government official is considered tyrannical behavior.
It is our firm belief that governmental officials should abide by the same laws as the People of the United States of America. As our representatives, governmental officials should be expected to hold the People in high regard. Appointed officials are required to take an Oath of Office as elected officials do. Responsibility and accountability to the People of the United States of America should be taken very seriously by anyone holding a government position. We the People hold our Constitution in high regard and expect no less from those serving in government positions.
This is OUR COUNTRY and we want the respect that was given us by our Declaration of Independence and the United States Constitution.
WHEREAS, President Barack Obama is an admitted user of illegal substances and has maintained contact with other admitted drug users.
WHEREAS, President Barack Obama has maintained contact with known criminals such as Antoin Rezko in the City of Chicago and the State of Illinois. President Obama has conducted business with such criminals and has received donations to his campaign from them, which has been proved in that President Obama was compelled to return an estimated $250,000 in donations related to Antoin Rezko.
WHEREAS, President Barack Obama has engaged in unscrupulous business practices with Mr. Robert Blackwell. President Obama received a total of $112,000 from Mr. Blackwell and reported the income through his law firm in a manner not unlike that of money laundering. President Obama, along with his campaign manager Dan Shomon, was able to procure $320,000 in state grants for Killerspin, a company owned by Mr. Blackwell. Companies owned by Mr. Blackwell contributed over $32,000 to the Obama campaign in the year 2007.
WHEREAS, there were voter irregularities around the country during the 2008 Presidential Election in which there was illegal voter registration and the involvement of ACORN, an organization which has been proved to have taken part in unscrupulous practices.
WHEREAS, questionable funding and television sponsorship was received which unfairly presented the facts between the candidates of the 2008 presidential election, favoring President Obama.
WHEREAS, President Barack Obama, during his campaign and after accepting the position of President of the United States has failed to provide a certified copy of his birth certificate and, at the request of the People, prove his natural citizenship.
WHEREAS, President Barack Obama has not been proven to the People to have had a legitimate swearing-in.
WHEREAS, President Barack Obama and his administration have violated the First Amendment by attempting to illegitimate FOX as a news source.
WHEREAS, President Barack Obama, among other elected officials, has violated his oath to uphold the Constitution of the United States of America by enacting a bill which socializes healthcare allowing the use of a procedure not found within the Constitution or created for a bill which would extend new powers to the Federal Government.
WHEREAS, President Barack Obama is guilty of other crimes and grievances not listed herein.
WHEREAS, the First Amendment provides the right for the People “to petition the government for a redress of grievances.”
What’s Wrong With The Felony Murder Rule- Common Sense:
1. It is fundamentally unfair and in violation of basic principles of individual criminal culpability to hold one felon liable for the unseen and unagreed-to results of another felon’s action.
2. The felony murder rule operates as a matter of law upon proof of the intent to commit a felony to relieve the prosecution of its burden of proving intent to kill, which is a necessary element of murder.
3. The intention to commit a felony does not equal the intention to kill, nor is the intention to commit a felony, by itself, sufficient to establish a charge of murder.
4. The felony murder rule violates the Fourteenth Amendment’s guarantee of due process, more specifically, equal protection of the law, because no defense is allowed on the charge of first-degree murder, only the underlying felony.
5. The purpose of creating degrees of murder is to punish with increased severity the more culpable forms of murder, but an accidental or unknown killing during the commission or attempted commission of a felony is punished more severely than all other murder charges with exception to first degree murder.
6. The felony murder rule erodes the relation between criminal liability and moral culpability in that it punishes all homicides in the commission, or attempted commission, of the proscribed felonies, whether intentional, unintentional, or accidental, without proving the relation between the homicide and the perpetrator’s state of mind.
7. Holding one or many criminally liable for the bad results of an act which differs greatly from the intended results is based on a concept of culpability which is totally at odds with the general principles of jurisprudence.
8. The basic rule of culpability is further violated when felony murder is categorized as first-degree murder because all other first-degree murders (carrying equal punishment) require a showing of premeditation, deliberation, and willfulness, while felony murder only requires a showing of intent to do the underlying felony.
9. While the felony murder rule survives in California, and other states, the numerous modifications and restrictions of it by some states courts and legislatures throughout the United States reflect dissatisfaction with the basic harshness and injustice of the doctrine and call into question its continued existence.
10. The felony murder rule can be used by prosecutors in a manner so as to cause grossly disproportionate sentencing, depending on the circumstances of each individual case.
11. The felony murder rule is unconstitutional because the presumption of innocence is thrown out. The prosecutor must only prove intent to commit the original felony; once done, first degree murder attaches to the underlying felony even though intent, (mens rea,) to commit murder does not have to be proved.
12. The felony murder rule is unconstitutional because it violates the Eighth Amendment: cruel and unusual punishment, grossly disproportionate sentencing to the crime(s) actually committed.
13. The felony murder rule bears no rational relationship or equity in its two penalties, with the penalties of other California murder laws, including, at times, the charge of first-degree murder.
The REAL ID Act was passed in February of 2005 without consent of the American people.
It requires every citizen who carries a driver's license to carry a Real ID, a nationalized identification card that will compromise American privacy and security.
The card will begin issuing on May 11th of 2008.
This petition calls for the Colorado government to refuse compliance with the REAL ID Act.
Megan's Law is about sex offenders. We the people petition to change Megan's Law because it is UNCONSTITUTIONAL.