A Constitutional Process
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The federal government itself must be subject to the authority of the Constitution and accountability by the people. The Tenth Amendment authorizes powers be reserved to the people, and exists to override and overrule sovereign power and federal authority in the Articles. Our Declaration of Independence describes what powers the people have. It says to secure the rights to Life, Liberty, and the pursuit of Happiness, government institutions derive their powers for just purposes from the consent of those they govern. When government is deaf to the voice of justice and usurps accountability from the people by answering petitions with further oppression, the government is then the enemy and destroyer of safety and happiness. When a government itself is not subject to law, the people may retract their consent, revoke powers that were delegated to that government, and alter or abolish the unjust and destructive government. This is both our heritage and our right.
Powers Of The People
Establishing First Use
In 2011, the people protested the erosion and removal of the people's rights and freedoms guaranteed in the Bill of Rights, the first ten amendments. Continental Congress 2.0, made up of 878 delegates from across the nation, focused what Occupiers and others were protesting in a petition in 2012 (www.the99declaration.org). The U.S. government refused the petitions of the people from Continental Congress 2.0, and it broke into smaller groups to pursue the aims of the congress as each saw fit. Main Street Suffrage movement, an offshoot made up of some continental delegates and other groups, and the precursor to Will of the People Constitutional Authority Board, sought the assistance of the Supreme Court. The court failed to recognize its own rules, federal law, and the Constitution in its response.
After several pleas to officials, it appeared the U.S. government acted willfully to dissolve the Bill of Rights and stop the people from exercising them. So, the Will of the People Constitutional Authority Board established through a series of steps how the federal government had acted outside of its delegated authority for illegitimate powers – against the Constitution for the detriment of the people. Then, the people asserted their contempt powers and enforcement for the recall and removal of federal officials.
This is the first time in history that the reserved federal powers of the people have been used. We have beat them at their own game – using the law to enforce the law.
"There are three steps in the revelation of any truth:
in the first, it is ridiculed;
in the second, resisted;
in the third, it is considered self-evident."
German philosopher Arthur Schopenhauer
The U.S. government, in effect, has been acting without constitutionally authorized powers (see How Reserved Powers Work). This is not merely overstepping the authority of one branch into the purview of another. The federal government of the United States has engaged in powers outside of the Constitution. The government has weakened the Bill of Rights as they are known – to the point of dehabilitation, and has acted to keep the people from stopping it (click on pop-up box for details).
The wording of these laws use such broad terms or encompass such wide application that they are a very real threat to liberty.
First Amendment Rights
These laws contain elements that are contrary to the people's rights specified in the Bill of Rights, the first ten amendments of the Constitution. They cannot legally be made into law according to the First Amendment, and at the very least, must be retracted when the people protest them.
The people have protested through the 99% Rise, Occupy, and even Tea Party movements.2 The people have met in Continental Congress 2.0 and petitioned for corrections and to lessen the effects of income inequality.3 Still, the government ignored the petition on the part of the people, subsidized corporate-backed media refused to report it, and the political parties have been so polarized that it has made it harder to fight their efforts.4 So, even though the First Amendment guarantees the people the rights to assemble and petition, the government disobeyed the Constitution, while other forces also acted against it.
Federal authority is often misunderstood, and many are confused as to what the government can and cannot do. The federal government can, and does, redelegate various responsibilities to one of its other three branches, as it decides to. But, the U.S. government cannot use the state's powers, nor can it take away the people's rights and freedoms. The Articles guarantee state's powers, and the First Amendment guarantees the people's rights and freedoms cannot be overwritten. When the federal government acts outside of its delegated powers, the Tenth Amendment provides the course for what the people can do to correct it.
The Tenth Amendment supercedes and modifies the authority and responsibility designated in the Articles. The Tenth Amendment says, “[When] powers are not delegated to the United States, they are reserved... to the people.” The people are reserved federal powers whenever any branch of the federal government steps outside of its delegated authority (see How Reserved Powers Work).
That reserved power cannot be touched by government. Reserved federal powers may be granted to a temporary governmental body until the Constitution is restored, but only if that body acts to remove sorrows of the people (address "grievances") and is just (having "equitable acts"). Will of the People Constitutional Authority Board has been called into service by those spearheading this effort, also known as being "constitutionally ordered".
This type of event might happen if the U.S. government were to use other powers that do not belong to it, or powers not found in the Constitution. Such as, if the U.S. government were to use the people's authority, or attempt to bring another government that is not recognized by the Constitution, those are not delegated powers and are unlawful. Also, the government is not allowed to do what the Constitution says it cannot do. Such as, if the U.S. government were to obstruct the right of the people to assemble or not provide an answer ("redress") to a petition of the people, are a few ways the government can be unlawful.
The plethora of evidence shows the government has been skirting its constitutional duties, eroding rights of the citizenry guaranteed by the Constitution, and enacting laws that are contrary to it.5 So, after protesting, assembling, and petitioning, there needed to be "a next step".
The next step was to seek relief in the courts. It was not known if the judicial branch was yet affected by the other two branches, and legal procedure would determine the extent of the people's reserved powers. However, the courts ignored their own rules, federal law, and their duty to the Constitution when refusing the case.6 The people spearheading this effort felt if they had filed an amicus brief highlighting the court’s error, which is customary, they would have been in jeopardy of not having any recourse if the court refused again.
An error brief was not advised. The courts these days are an extension of the same corrupt political system they are meant to hold the fire to.7 Like an old Perry Mason court room drama, the facts were turning out to be not so simple. The people could not rely on the courts to oust corrupt officials, and would have to remove them by an election process. A federal recall has not ever existed successfully before. But, the only reasonable option known to the people was to assert their reserved federal powers by a recall election.
A Senate report on the possibility of a federal recall does not preclude a people-initiated recall, as it focuses on the legal aspects of attempts by the states.8 George Washington, attributed in a letter to his nephew (1787), emphatically declares the sovereignty of the people saying, "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 their Interest, or not agreeable to their wishes, their Servants can, and undoubtedly will be, recalled." U.S. Citizens Association’s legal counsel, David C. Grossack, agrees(9):
“The people - should be recognized to have the right of federal recall.”
The people took back their government by law. Through declarations, notices, petitions, suits, elections and media, the people have asserted their powers. The people have asserted their First Amendment rights and Tenth Amendment powers of the people, because the government:
refused the petition of the people made in Continental Congress;
skirted federal law and the Constitution;
ignored rules of the courts themselves, and;
impeded the federal recall election.
38 Senators, 228 Representatives, 2 Supreme Court Justices, and 2 Whitehouse Officials are now legally removed from that public service and must vacate their office. The Specific Federal Recall Election stipulated senior heads of state must be removed, including the President, President of the Senate (Vice President), Speaker of the House, Chief Justice, Senators serving more than one term, and Representatives serving more than two. This is equitable - the closest the law can come to fairness.
No federal election is legal until the recall is affirmed. After the recall is affirmed, there may be vacancies. Any positions not filled by the recall will remain vacant until the next lawful election. Any official remaining that refuses to be accountable to people and affirm the Constitution must abstain from action or decision until their term ends. However, if they choose to abstain, they must refrain from campaigning for public office.10
Will of the People Constitutional Authority will be presenting our appeal to enforce the petition of the 2012 Continental Congress as a lien on the United States.
[ See link above for details. ]
Consent of the Governed
It is attributed to George Washington that the Constitution’s “only keepers, are the people”.11 The implication is that the people can retract their “consent of the governed” and have the power and authority to do so.
The people have a duty to restore constitutional government. The precedent for this, and the basis for the American Revolution, is Lord Oliver Cromwell’s movement to restore the Magna Charta, and the assertion by the people for retraction of their consent of the governed, according to noted English historian David Starkey.12
The earliest known retraction of governed consent goes back to the court of Khisiarshu in 521 B.C.E., where the people were granted the right to defend themselves against unjust government.13
“Our Constitution works. Here the people rule.”
- President Ford
1. "Trust in Government". Viewed Oct 9, 2014.
2. 99Rise.org; "Federal Recall Election Press Conference - Pt 1 and 2”, and /watch?v=v51XgydNSWE; 2012 State of the Union; 2012 election coverage [various].)
3. the99declaration.org, 2012; Mark Gongloff, “Big Bank Explains To Rich People How To Profit Off Inequality”, Huffington Post,
June 2, 2014.
4. Layman, Geoffrey and Thomas Carsey, "Our Politics Is Polarized On More Issues Than Ever Before", Washington Post)
5. As per, filers’ court submissions, Rush, et al. v. United States, 1:14-cv-00077; and “People v. United States,” Will of the People Constitutional Authority Board; documentaries “Inside Job,” Charles Ferguson, 2009; “The Flaw,” Steve Milne and Mark Foligno, 2011; “War On Whistleblowers,” Robert Greenwald, 2013; “Inequity For All,” Robert Reich, 2013, etc.; and legal maneuvers, such as, “New Ruling Shows the NSA Can’t Legally Justify Its Phone Spying Anymore,” Wired, July 14, 2014; “DEA Special Operations Division Covers Up Surveillance To Investigate Americans: Report,” Reuters, August 5, 2013; Frezza, Bill, “Can Post-Constitutional America Recover Its Freedom and Prosperity?”, July 12, 2013; “Microsoft Tries To Outdo Google, Facebook Outrage Over PRISM: 'The Constitution Itself is Suffering,’” Huffington Post, July 17, 2013; and, etc.
6. 28 U.S.C. Rules 4.1(b), 5(d)(4), and 59(e); Rules of the Supreme Court, 2010 Rules 33.1(a), (c), and 33.2(b); U.S. Constitution Articles I, Section (§) 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; and XIV § 4.
7. Young, Jeffrey; R. Grim; “Two Republican Judges Gut Obamacare, Threatening Health Care For Millions”, Huffington Post,
July 22, 2014.
8. Maskell, Jack, “Recall of Legislators and the Removal of Members of Congress from Office”, Congressional Research Service, 2012.
9. “Recalling U.S. Senators And Congressmen” , 2009.
10. “Specific Federal Recall Procedures”, Will of the People Constitutional Authority Board, 2013.
11. “The Constitution of the United States, with Index”, National Center for Constitutional Studies, 2010.
12. “Monarchy (U.K.)” TV series; Episodes 1-3, 5, 6; 2006.
13. “Book of Esther, The Holy Bible” NKJV, Thomas Nelson Publishers, 1988.
Political Action Committees registered with Will of the People Constitutional agency:
1. Constitutionally Ordered Federal Recall Election PAC.