The Patriot Post - The Oath Accountability Civil Action

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The Patriot Post - The Oath Accountability Civil Action
From The Federalist Patriot
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The Oath Accountability Civil Action
By Mark Alexander · Thursday, September 15, 2011
A Legal Action Supporting Restoration of Constitutional Integrity

"We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America. ... Done ... the seventeenth day of September, in the year of our LORD one thousand seven hundred and eighty seven." --George Washington and the Signers

On the eve of Constitution Day, and the 15th anniversary1 of The Patriot Post, we are preparing to launch a legal battle2 in support of our mission to reinstate Rule of Law3 as enshrined in our Constitution. This legal action, unlike others before it, regards Breach of Oath -- breach of the contract established by our Constitution between the elected and appointed members of the Executive, Legislative and Judicial branches of our government, and We the People. It seeks remedy for the lack of any proscription against, and penalty for such breach.
A Civil Action to Restore Constitutional Integrity

To enforce our Constitution's limits on the central government, we believe a formal legal action is necessary. This action, if successful, would require that all members of the Executive, Legislative and Judicial branches, first and foremost, abide by their oaths "to support and defend4" our Constitution, under penalty of law, and comport with its enumerated limitations on the federal government. The current scope of federal activities provides abundant evidence that many members of those three co-equal branches have long since abandoned their oaths, and, at present, there is no recourse for prosecution to enforce compliance.

This civil action is predicated on three questions concerning Rule of Law3 as enshrined in our Constitution:

First, are elected and appointed members of the Executive, Legislative and Judicial Branches of the central government required, under penalty of law, to abide by their oaths "to support and defend" our Constitution, as specified in its original language in Article II, Section 1 and Article VI, clause 3, as ratified?

Second, in respect to their oaths, do all members comport with our Constitution's prescribed method for amendment as specified in Article V, rather than disregard that constitutional prescription in favor of legislative actions based upon judicial diktats redefining those limits in accordance with the errant so-called "living Constitution5"?

And, third, if the answers to questions 1 and 2 are "no," then does breach of oath, which is not currently subject to legal redress, constitute a breach of trust with the American people -- a violation of the contract established by our Constitution between those in the Executive, Legislative and Judicial branches, and the American people? Consequently, does Breach of Oath impose harm and injustice upon citizens, who are subject to the government's laying and collecting of taxes, and accumulating of debt, for expenditures not expressly authorized by our Constitution?

The first step in seeking legal remedy to restore the integrity of our Constitution is to establish whether "We, the People," have legal standing to require all members of the three branches of our central government to abide by their oaths.

To that end, please register your support for this action, and join Patriots across the nation in this effort to establish legal standing as citizens, particularly those in our Armed Services who defend their oaths with blood and life. If we are unsuccessful in our effort to seek remedy for the lack of any proscription against, and penalty for breach of oath, it is because the judiciary refuses any such accountability regarding the wanton violation of our Constitution. Such rejection would, in effect, render Americans, once again, condemned to the abuse previously characterized in American history as "Taxation Without Representation."

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Background

This civil action to restore the integrity of our Constitution and its enumerated limits upon the role and activities of the central government is funded by The Essential Liberty Project6 and promoted by The Patriot Post7.

We are seeking to answer the question of whether "We, the People," have legal standing to require all members of the three Branches of our central government to abide by their oaths. We will determine the appropriate venue and ask the court to certify this action once we have reached a sufficient number of plaintiffs to impress upon the court, and supporting members of Congress, that The People demand recourse.

We believe that this complaint complies with Federal Rules of Civil Procedure and thus should be provided a federal hearing, an assertion that, if denied by the courts, we will seek on appeal. We may also opt to file in one or more state courts should the federal courts reject this action. And last but not least, if enough Americans sign this action, the legislative option becomes viable.

We will reject the notion that the power to vote constitutes fair "representation," where there is no assurance that representatives will abide by their oaths of office and, instead, use the treasury as an instrument to perpetuate their re-election by special interest constituencies, whose allegiance is secured with confiscated and redistributed wealth.

If American citizens are rightly found to have legal standing, then the second order of business will be to question congressional authority to lay and collect taxes, and to accumulate debt, for expenditures not expressly authorized by our Constitution, with the objective of defunding such expenditures.

We will seek to renew congressional requirements for enumeration of constitutional authority for each and every piece of legislation proposed by the Executive and Legislative branches.

Our United States Constitution8, as written and ratified, stipulates in its preface that it is "ordained and established" by the people to "secure the Blessings of Liberty to ourselves and our Posterity." To that end, it established a republic, not a popular democracy, which is to say it affirmed the primacy of Rule of Law3 over rule of men5.

Accordingly, the first order of business for those elected to national office is that they be bound by oath4 to "preserve, protect and defend" the Constitution under which they were duly elected.

For those elected to the presidency, Article II, Section 1, specifies: Before he enter on the Execution of his Office, he shall take the following Oath or Affirmation: "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."