Monday, April 1, 2013

Resistance to Tyranny is Obedience to God - Jefferson


Constitutional Defenders of Texas
The roots of the tree of liberty, watered by the blood of patriots...
Our Mission:
To identify and hold accountable those elected representatives in government who have violated their oath to uphold and protect the Constitution, either by action or omission.
To ensure the Founder’s original intent for the Constitution, which was established as a compact between the several states, to protect the fourth
branch of government, the people and their rights, from all enemies; both foreign and domestic.
To oppose the abuse of government’s enumerated powers and the abuse of said power, by our government officials.
To strengthen the rule of law, oppose the rule of man, to ensure that no man is above the law.
The five most egregious violations of the constitution
Executive Orders Violation Summary:
1. Executive Order 13563 Improving Regulation and Regulatory Review (Cap and Trade via Executive Order)
2. Executive Order #13575 creates a White House Rural Council. The new council consists of 25 Cabinet Secretaries, chaired by the Secretary of Agriculture. The mission of the Council is to: work across executive departments, agencies, and offices to coordinate development of policy recommendations to promote economic prosperity and quality of life in rural America, and shall coordinate my Administrations engagement with rural communities.
3. In April of this year, President Obama released a draft executive order (still pending) that would require businesses with federal contracts to disclose independent expenditures on federal elections (political speech independent of candidates and parties). This order is intended to undermine the Supreme Courts Citizen United decision; allowing independent expenditures by corporations, unions and other associations; by discouraging federal contractors and their executives from engaging in political speech. This draft executive order shows contempt for the First Amendment by chilling protected speech.
4. Obama Administrations Dream Act: – Illegal Immigration enforcement; President Obama said; Effective immediately, the Department of Homeland Security is taking steps to lift the shadow of deportation from these young people. Over the next few months, eligible individuals who do not present a risk to national security or public safety will be able to request temporary relief from deportation proceedings and apply for work authorization.
 Constitutional Reference:
Executive orders are not mentioned by the Constitution, Executive orders are subject to judicial review, and can be declared unconstitutional.
ObamaCare Violation Summary:
ObamaCare legislation deemed as a tax by the Supreme Court did not originate in the House of Representatives, and thus is not legal. It passed originally because it was not deemed a tax, but since it is, it is invalid as law by violating the Constitution. ObamaCare penalty provision was declared by Supreme Court as a Tax.
Taxes per the Article I Section 8 The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defense and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States. The waivers for companies, and unions, and agreements to pass the legislation by giving exemptions to certain States is a Violation of the “uniform” taxing throughout the United States. Also, Elena Kagan an Obama appointee to the Supreme Court did not recuse herself in the ObamaCare case which violated judicial ethics and federal statute.
Constitutional Reference:
Section 7 – Revenue Bills, Legislative Process, Presidential Veto – All bills for raising Revenue shall originate in the House of Representatives; but the Senate may propose or concur with Amendments as on other Bills.
Section 8 – Powers of Congress – The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defense and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;
Natural Born Citizen Violation Summary:
No person except a natural born Citizen shall be eligible to the Office of President.
 Constitutional Reference:  Article 2 Section 1.
 NDAA Violation Summary:
On December 31, 2011, President Obama signed the National Defense Authorization Act (NDAA), codifying indefinite military detention without charge or trial into law for the first time in American history. The law is an historic threat because it codifies indefinite military detention without charge or trial into law for the first time in American history. It could permit the president; and all future presidents; to order the military to imprison indefinitely civilians captured far from any battlefield without charge or trial. Manifest Violations: This kind
of sweeping detention power is completely at odds with our American values, violates the Constitution, and corrodes our Nation’s commitment to the rule of law, which generations have fought to preserve.
The breadth of the NDAA’s worldwide detention authority violates the Constitution and international law because it is not limited to people captured in an actual armed conflict, as required by the laws of war. Any president’s claim of domestic military detention authority under the NDAA would be unconstitutional and illegal. The law does not require even an allegation that a detained person caused any harm or threat of harm to the United States or to any U.S. interest. Mere allegation of membership in or support of, an alleged terrorist group could be the basis
for indefinite detention.
 Constitutional Reference:
Article I Section 9, Clause 2’s right to seek Writ of Habeas Corpus: The First Amendment’s right to petition the Government for a redress of grievances;
The Fourth Amendment’s right to be free from unreasonable searches and seizures; The Fifth Amendment’s right to be free from charge for an infamous or capitol crime until presentment or indictment by a Grand Jury;
The Fifth Amendment’s right to be free from deprivation of life, liberty, or property, without Due Process of law;
The Sixth Amendment’s right in criminal prosecutions to enjoy a speedy trial by an impartial jury in the State and District where the crime shall have been committed;
The Sixth Amendment’s right to be informed of the nature and cause of the accusation; The Sixth Amendment’s right confront witnesses; The Sixth Amendment’s right to Counsel;
The Eighth Amendment’s right to be free from excessive bail and fines, and cruel and unusual punishment; The Fourteenth Amendment’s right to be free from deprivation of life, liberty, or property, without Due Process of law;
Immigration Violation Summary:
1. DOJ: Alabama Immigration; The DOJ challenged Alabama’s immigration reform laws after parts were “green lighted” by a federal judge; DOJ appealed the ruling; parts of the AL case have been struck down in various federal courts; specific provisions of the law include collection of the immigration status of public school students, businesses must use E-Verify, prohibition of illegal immigrants receiving public benefits; the provision requiring immigrants to always carry alien registration cards; allowance of lawsuits by state citizens who do not believe public officials are enforcing the law
2. DOJ: Arizona Immigration; In Violation of 10th Amendment, federal government to sue to prevent AZ from using reasonable measures to discourage illegal immigration within Arizona’s borders; Affects Arizona because state has a large percentage, compared to other states, of illegal immigrants and need to be able to act to reduce the number
3. DOJ: South Carolina Immigration; DOJ challenged South Carolina’s immigration reform laws that are very similar to the AZ which is scheduled to appear before the United States Supreme Court; SC case will be heard by the 4th Circuit soon thereafter as the 4th Circuit granted SC motion to extend the filing time until after the US Supreme Court issues an Opinion in AZ.
Constitutional Reference:
Article I, Section 8 in creating the authority of the Congress, “To establish an uniform Rule of Naturalization.” Thus from a Constitutional stand point it is the responsibility of Congress to establish all laws and rules of naturalization or immigration.
There is a meeting here – Tonight – At 7 p.m.

No comments:

Post a Comment