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American Patriot Party National Platform
American Patriot Party of Oregon State Platform:
Platform Issues Established by the Declaration of Independence,
Documents and Letters of the Originating Founding Fathers:
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The American Patriot Party Platform maintains that its Platform is to:
"Protect, defend and implement the intents set forth in the Originating Founders Letters which includes "The Absolute Rights of the Colonists of 1772" and the Declaration of Independence, the documents which define Freedom" This Platform may be amended as needed through the literal understanding of these documents that define and establish freedom and a free country.
Its Motto: "Inalienable Rights, States Rights, Local Control"
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We the members of the American Patriot Party present the following to be our party platform.
We have taken the approach that we would like to see the federal government take and have tied all of our platform statements to the Declaration of Independence, The Constitution and other founding documents.
To this end we have divided the platform into 10 distinct subjects.
1.) Origin of Government
2.) Limited Federal Government
3.) Rights of the Individual
4.) Rights of the States
5.) Responsibilities of the Federal Government
6.) Rights of Local Communities over State, County, Federal governments, entities and outside intervention.
7.) Roles and Duties within the Federal Government - The Executive Branch
8.) Roles and Duties within the Federal Government - The Judicial Branch
9.) Roles and Duties within the Federal Government - The Legislative Branch
10.) Campaigns and Elections
Discussion on Platform issues:
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Note that the Constitution's sole purpose is to limit the Federal Government. The Constitution does not grant us rights, rights are God given natural birth rights as established by the intents written by the founding fathers of freedom and the Declaration of Independence:
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"If men through fear, fraud or mistake, should in terms renounce and give up any essential natural right, the eternal law of reason and the great end of society, would absolutely vacate such renunciation; the right to freedom being the gift of God Almighty, it is not in the power of Man to alienate this gift, and voluntarily become a slave."
Samuel Adams, Rights of the Colonists, 1772
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The Declaration of Independence presents "... to which the laws of "nature" and of "nature's God" "entitle" them, (all men)"
The Originating Founders letters of intent and Declaration of Independence are documents that further define and establish these Inalienable Rights as Supreme law in any country that considers itself free;
Since these certain inalienable rights are the basis and foundation of freedom, and the establishing documents that allowed for all others to exist, these alone are the founding documents.
The founders Letters define intent and are further establishing documents of freedom.
The Articles of Confederacy deserve acknowledgment as they are what allowed the country to flourish under unified protection between the Free and Independent States.
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Article VI of the US Constitution:
"All Debts contracted and "Engagements" (i.e. Declaration of Independence with and of the people) entered into, before the Adoption of this Constitution, shall be as valid against the United States under "this" Constitution, as under the Confederation."
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The Declaration of Independence and The Articles of Confederacy are the original intent of the free system of government by free and independent, united states.
The federalist Papers are simply discussions and debate. They further were opposed by the Author of the Declaration of Independence and attempt presently to usurp Independent States Rights as presented in the 37th and 39th Grievances of the Declaration of Independence:
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37.) We, therefore, the representatives of the United States of America, in general congress assembled, appealing to the Supreme Judge of the World for the rectitude of our intentions, do, in the name and by the authority of the good people of these colonies, solemnly publish and declare that these united colonies are, and of right ought to be, "free" and "independent" states;
39.) and that as free and independent states they have full power to levy war, conclude peace, contract alliances, establish commerce,
and to do all other acts and things which independent states may "of right" do."
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The Constitution simply limits the federal government.
--------------------- 1856 Democratic Republicans Whig Party Platform --------
1. That the Federal Government is one of limited power, derived solely from the Constitution and the grants of power made therein ought to be strictly construed by all the departments and agents of the government and that it is inexpedient and dangerous to exercise doubtful constitutional powers.
2. That the Constitution does not confer upon the General Government the power to commence and carry on a general system of internal improvements. (ie. all "Administrative" so called law and powers should be abolished and restricted)
3. That the Constitution does not confer authority upon the Federal Government, directly or indirectly, to assume the debts of the several States, contracted for local and internal improvements, or other State purposes nor would such assumption be just or expedient. (ie. all "Administrative" so called law and powers should be abolished and restricted)
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The Bill of rights limits the Federal Government from touching, altering or manipulating these rights. These major rights are absolutely protected from being tampered with and are basically the "Major Safe guards against any tampering from anyone, most particularly placed in this document for protections from actions of the federal government, and from any states within the assembly of states involved within that Constitution. The Constitution however does not establish any rights, as certain inalienable rights are God given birth rights possessed by all men.
------------------- 1856 "Democratic Republican" Party Platform ------
" 7. That Congress has "no" power to charter a national bank that we believe such an institution one of deadly hostility to the best interests of the country, dangerous to our republican institutions and the liberties of the people, and calculated to place the business of the country within the control of a concentrated money power, and above the laws and the will of the people and that the results of the Democratic legislation in this and all other financial measures upon which issues have been made between the two political parties of the country, have demonstrated to candid and practical men of all parties, their soundness, safety, and utility, in all business pursuits.
8. That the separation of the moneys of the Government from banking institutions is indispensable for the safety of the funds of the Government and the rights of the people.
9. That we are decidedly opposed to taking from the President the qualified veto power, by which he is enabled, under restrictions and responsibilities amply sufficient to guard the public interests, to suspend the passage of a bill whose merits cannot secure the approval of two-thirds of the Senate and House of Representatives, until the judgment of the people can be obtained thereon, and which has saved the American people from the corrupt and tyrannical domination of the Bank of the United States and from a corrupting system of general internal improvements (ie. all "Administrative" so called law and powers should be abolished and restricted).
10. That the liberal principles embodied by Jefferson in the Declaration of Independence, and sanctioned by the Constitution, which makes ours the land of liberty and the asylum of the oppressed of every nation, have ever been cardinal principles in the Democratic faith, and every attempt to abridge the privilege of becoming citizens and the owners of soil among us, ought to be resisted with the same spirit which swept the alien and sedition laws from our statute books.
And Whereas, Since the foregoing declaration was uniformly adopted by our predecessors in National Conventions, an adverse political and religious test has been secretly organized by a party claiming to be exclusively American, it is proper that the American Democracy should clearly define its relation thereto, and declare its determined opposition to all secret political societies, by whatever name they may be called."
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To this the American Patriot Party adds opposition of any corporate, union, financial entity, special interest or government, whether foreign or domestic, that by fiscal or political acts devise or attempt to devise in any way as to organize hidden political agendas that undermine the foundations of freedoms established of the founders of 1776 and the Declaration of Independence.
1.) The Origin of Our Government
We the Members of the American Patriot Party, acknowledge that the Declaration of Independence and the "Absolute Rights of the Colonists of 1772" established the foundation of freedom and a free society.
That the Declaration of Independence and the Founders letters of 1776 and the "Absolute Rights of the Colonists of 1772" established the intent and purpose of this free society.
Within these documents are defined certain, inalienable, rights, which precede all other laws and regulations.
These Certain, Inalienable, Rights, are supreme laws which are certain, inalienable, unchangeable, inalterable, God given birth rights.
Samuel Adams, The Absolute Rights of the Colonists
(The American Patriot Party: The Absolute Rights of Man)
20 Nov. 1772 Writings 2:350--59 The Committee appointed by the Town the second Instant "to State the Rights of the Colonists and of this Province [Volume 5, Page 395] in particular, as Men, as Christians, and as Subjects; to communicate and publish the same to the several Towns in this Province and to the World as the sense of this Town with the Infringements and Violations thereof that have been, or from Time to Time may be made. Also requesting of each Town a free Communication of their Sentiments Reported--
First, a State of the Rights of the Colonists and of this Province in particular--
Secondly, A List of the Infringements, and Violations of those Rights.--
Thirdly, A Letter of Correspondence with the other Towns.--
1st. Natural Rights of the Colonists as Men.--
Among the Natural Rights of the Colonists are these
First. a Right to Life;
Secondly to Liberty;
Thirdly to Property;
(Fourthly) together with the Right to support and defend them in the best manner they can--
Those are evident Branches of, rather than deductions from the Duty of Self Preservation,
commonly called the "First Law of Nature--"
All Men have a Right to remain in a State of Nature as long as they please: And in case of intolerable Oppression, Civil or Religious, (the Right) to leave the Society they belong to, and enter into another.--
When Men enter into Society, it is by voluntary consent; and they have a right to demand and insist upon the performance of such conditions, And previous limitations as form an equitable original compact.--
Every natural Right not expressly given up or from the nature of a Social Compact necessarily ceded "remains".--
All positive and civil laws, should conform as far as possible, to the Law of natural reason and equity.--
As neither reason requires, nor religion permits the contrary, every Man living in or out of a state of civil society, has a right peaceably and quietly to worship God according to the dictates of his conscience.--
"Just and true liberty, equal and impartial liberty" in matters spiritual and temporal, is a thing that all Men are clearly entitled to, by the eternal and immutable laws Of God and nature, as well as by the law of Nations, & all well grounded municipal laws, which "must" have their foundation in the former.--
In regard to Religion, mutual toleration in the different professions thereof, is what all good and candid minds in all ages have ever practiced; and both by precept and example inculcated on mankind: And it is now generally agreed among Christians that this spirit of toleration in the fullest extent consistent with the being of civil society "is the chief characteristical mark of the true church"1 & In so much that Mr. Lock has asserted, and proved beyond the possibility of contradiction on any solid ground, that such toleration ought to be extended to all whose doctrines are not subversive of society. The only Sects which he thinks ought to be, and which by all wise laws are excluded from such toleration, are those who teach Doctrines subversive of the Civil Government under which they live. The Roman Catholics or Papists are excluded by reason of such Doctrines as these "that Princes excommunicated may be deposed, and those they call Heretics may be destroyed without mercy; besides their recognizing the Pope in so absolute a manner, in subversion of Government, by introducing as far as possible into the states, under whose protection they enjoy life, liberty and property, that solecism in politicks, Imperium in imperio2 leading directly to the worst anarchy and confusion, civil discord, war and blood shed-- (APP Note: This past history of Catholic and Papist extremism readily applies to present Islamic extremism)
The natural liberty of Men by entering into society is abridged or restrained so far only as is necessary for the Great end of Society the best good of the whole--
In the state of nature, every man is under God, Judge and sole Judge, of his own rights and the injuries done him: By entering into society, he agrees to an Arbiter or indifferent Judge between him and his neighbors; but he no more renounces his original right, than by taking a cause out of the ordinary course of law, and leaving the decision to Referees or indifferent Arbitrations. In the last case he must pay the Referees for time and trouble; he should be also willing to pay his Just quota for the support of government, the law and constitution; the end of which is to furnish indifferent and impartial Judges in all cases that may happen, whether civil ecclesiastical, marine or military.--
"The natural liberty of man is to be free from any superior power on earth, and not to be under the will or legislative authority of man; but only to have the "law of nature" for his "rule"."-- (APP Note: very important as it applies the rule of the laws of nature)
In the state of nature men may as the Patriarchs did, employ hired servants for the defense of their lives, liberty and property: and they should pay them reasonable wages. Government was instituted for the purposes of common defense; and those who hold the reins of government have an equitable natural right to an honorable support from the same principle "that the laborer is worthy of his hire" but then the same community which they serve, ought to be assessors of their pay: Governors have no right to seek what they please; by this, instead of being content with the station assigned them, that of honorable servants of the society, they would soon become Absolute masters, Despots, and Tyrants. Hence as a private man has a right to say, what wages he will give in his private affairs, so has a Community to determine what they will give and grant of their Substance, for the Administration of public affairs. And in both cases more are ready generally to offer their Service at the proposed and stipulated price, than are able and willing to perform their duty.--
In short it is the greatest absurdity to suppose it in the power of one or any number of men at the entering into society, to renounce their essential natural rights, or the means of preserving those rights when the great end of civil government from the very nature of its institution is for the support, protection and defense of those very rights: the principal of which as is before observed, are life liberty and property. If men through fear, fraud or mistake, should in terms renounce and give up any essential natural right, the eternal law of reason and the great end of society, would absolutely vacate such renunciation; the [Volume 5, Page 396] right to freedom being the gift of God Almighty, it is not in the power of Man to alienate this gift, and voluntarily become a slave--
2d. The Rights of the Colonists as Christians--
These may be best understood by reading--and carefully studying the institutes of the great Lawgiver and head of the Christian Church: which are to be found clearly written and promulgated in the New Testament--
By the Act of the British Parliament commonly called the Toleration Act, every subject in England Except Papists was restored to, and re-established in, his natural right to worship God according to the dictates of his own conscience. And by the Charter of this Province it is granted ordained and established (that it is declared as an original right) that there shall be liberty of conscience allowed in the worship of God, to all Christians except Papists, inhabiting or which shall inhabit or be resident within said Province or Territory.3 Magna Charta itself (1225) is in substance but a constrained Declaration, or proclamation, and promulgation in the name of King, Lord, and Commons of the sense the latter had of their original inherent, indefeasible natural Rights,4 as also those of free Citizens equally perdurable with the other. That great author that great jurist, and even that Court writer Mr. Justice Blackstone holds that this recognition was justly obtained of King John sword in hand: and peradventure it must be one day sword in hand again rescued and preserved from total destruction and oblivion.--
3d. The Rights of the Colonists as Subjects (APP Note: The Declaration of Independence, Constitution debates and in fact this earlier document, removed the status as "subjects"; and established Free Man as Independent and with rights that supersede any an all powers on earth).
A Common Wealth or state is a body politick or civil society of men, united together to promote their mutual safety and prosperity, by means of their union.5
The absolute Rights of Englishmen, and all freemen in or out of Civil society, are principally, personal security personal liberty and private property.
All Persons born in the British American Colonies are by the laws of God and nature, and by the Common law of England, exclusive of all charters from the Crown, well Entitled, and by the Acts of the British Parliament are declared to be entitled to all the natural essential, inherent & inseparable Rights Liberties and Privileges of Subjects born in Great Britain, or within the Realm. Among those Rights are the following; which no men or body of men, consistently with their own rights as men and citizens or members of society, can for themselves give up, or take away from others
First, "The first fundamental positive law of all Commonwealths or States, is the establishing the legislative power; as the first fundamental natural law also, which is to govern even the legislative power itself, is the preservation of the Society."6
Secondly, The Legislative has no right to absolute arbitrary power over the lives and fortunes of the people: Nor can mortals assume a prerogative, not only too high for men, but for Angels; and therefore reserved for the exercise of the Deity alone.--
"The Legislative cannot Justly assume to itself a power to rule by extempore arbitrary decrees; but it is bound to see that Justice is dispensed, and that the rights of the subjects be decided, by promulgated, standing and known laws, and authorized independent Judges;" that is independent as far as possible of Prince or People. "There shall be one rule of Justice for rich and poor; for the favorite in Court, and the Countryman at the Plough."7
Thirdly, The supreme power cannot Justly take from any man, any part of his property without his consent, in person or by his Representative.--
These are some of the first principles of natural law & Justice, and the great Barriers of all free states, and of the British Constitution in particular. It is utterly irreconcilable to these principles, and to many other fundamental maxims of the common law, common sense and reason, that a British house of commons, should have a right, at pleasure, to give and grant the property of the Colonists. That these Colonists are well entitled to all the essential rights, liberties and privileges of men and freemen, born in Britain, is manifest, not only from the Colony charter, in general, but acts of the British Parliament. The statute of the 13th of George 2. c. 7. naturalizes even foreigners after seven years residence. The words of the Massachusetts Charter are these, "And further our will and pleasure is, and we do hereby for us, our heirs and successors, grant establish and ordain, that all and every of the subjects of us, our heirs and successors, which shall go to and inhabit within our said province or territory and every of their children which shall happen to be born there, or on the seas in going thither, or returning from thence shall have and enjoy, all liberties and immunities of free and natural subjects within any of the dominions of us, our heirs and successors, to all intents constructions & purposes whatsoever as if they and every of them were born within this our Realm of England." Now what liberty can there be, where property is taken away without consent? Can it be said with any colour of truth and Justice, that this Continent of three thousand miles in length, and a breadth as yet unexplored, in which however, its supposed, there are five millions of people, has the least voice, vote or influence in the decisions of the British Parliament? Have they, all together, any more right or power to return a single member to that house of commons, who have not inadvertently, but deliberately assumed a power to dispose of their lives,8 Liberties and properties, than to choose an Emperor of China! Had the Colonists a right to return members to the British parliament, it would only be hurtful; as from their local situation and circumstances it is impossible they should be ever truly and properly represented there. The inhabitants of this country in all probability in a few years will be more numerous, than those of Great Britain and Ireland together; yet it is absurdly expected [Volume 5, Page 397] by the promoters of the present measures, that these, with their posterity to all generations, should be easy while their property, shall be disposed of by a house of commons at three thousand miles distant from them; and who cannot be supposed to have the least care or concern for their real interest: Who have not only no natural care for their interest, but must be in effect bribed against it; as every burden they lay on the colonists is so much saved or gained to themselves. Hitherto many of the Colonists have been free from Quit Rents; but if the breath of a British house of commons can originate an act for taking away all our money, our lands will go next or be subject to rack rents from haughty and relentless landlords who will ride at ease, while we are trodden in the dirt. The Colonists have been branded with the odious names of traitors and rebels, only for complaining of their grievances; How long such treatment will, or ought to be born is submitted.
1. See Locks Letters on Toleration.; 2. A Government within a Government--; 3. See 1. Wm. and Mary. St. 2. C. 18--and Massachusetts Charter.; 4. Lord Cokes Inst. Blackstone, Commentaries--Vol. 1st. Page 122.; 5. See Lock and Vatel--; 6. Locke on Government. Salus Populi Suprema Lex esto--; 7. Locke--; 8. See the Act of the last Session, relating to the Kings Dock Yards--
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These Laws are as Valid today as they were then:
Rights of the Colonists: Every natural Right not expressly given up or from the nature of a Social Compact "necessarily" ceded remains.--
Constitution:
Amendment IX: The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
Amendment X: The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
Intent of Powers and Rights Defined and Reserved during the Constitutional Debates:
MONDAY, June 16, 1788. NOTE: [Elliot misprinted this as Monday, June 14, 1788.]
(See our 2006 News Letter "The Division of Power" that lists this debate.)
American Patriot Party Note: The question on the table was whether or not to place a Bill of Rights in the Constitution;
The Anti Federalists wanted it placed as a safeguard to our freedoms to fend off any interpretations later down the road; the federalists did not think it was needed as they felt such rights were of common knowledge through their history from the Magna Carta to the Absolute Rights of the Colonists. We can thank Patrick Henry, George Mason and the Anti federalists for winning out, as most people today have not read and do not understand the freedoms foundations in these documents. The lack of this knowledge places our freedoms in peril.
Patrick Henry 6-16-1788: "...We are told, we are afraid to trust ourselves; that our own representatives Congress will not exercise their powers oppressively; that we shall not enslave ourselves; that the militia cannot enslave themselves, &c. Who has enslaved France, Spain, Germany, Turkey, and other countries which groan under tyranny? They have been "enslaved" by the hands of their "own people". If it will be so in America, it will be only as it has been every where else...."
Mr. Corbin 6-16-1788: "....Animadverting on Mr. Henry's observations, that the French had been the instruments of their own slavery, that the Germans had enslaved the Germans, and the Spaniards the Spaniards, &c., he asked if those nations knew any thing of representation. The want of "this knowledge" was the "principal" cause of their bondage."
The debates establish that "ALL" of our prior rights are still retained.
Mr. Marshall:
"... He then concluded by observing, that the power of governing the militia was not vested in the states by implication, because, being >>>possessed of it antecedent to the adoption of the government, and >>>not being divested of it by any grant or restriction in the Constitution, they must necessarily be as >>>fully possessed of it as ever they had been. And it could not be said that the states derived any powers from that system, >>>but retained them, though not acknowledged in "any part of it".
George Mason:
"...That Congress should have power to provide for the general welfare of the Union, I grant. But I wish a clause in the Constitution, with respect to all powers which are not granted, that they are retained by the states. Otherwise, the power of providing for the general welfare may be perverted to its destruction.
Many gentlemen, whom I respect, take different sides of this question. We wish this amendment to be introduced, to remove our apprehensions. There was a clause in the Confederation reserving to the states respectively every power, jurisdiction, and right, not expressly delegated to the United States. This clause has never been complained of, but approved by all Why not, then, have a similar clause in this Constitution, in which it is the more indispensably necessary than in the Confederation, because of the great augmentation of power vested in the former? In my humble apprehension, unless there be some such clear and finite expression, this clause now under consideration will go to any thing our rulers may think proper. Unless there be some express declaration that every thing not given is retained, it will be carried to any power Congress may please.
Patrick Henry:
"... At the revolution, it must be admitted that it was their sense to set down those great rights which ought, in all countries, to be held inviolable and sacred. Virginia did so, we all remember. She made a compact to reserve, expressly, certain rights."
George Nicholas:
"... It is agreed upon by all that the people have all power. If they part with any of it, is it necessary to declare that they retain the rest? Liken it to any similar case. If I have one thousand acres of land, and I grant five hundred acres of it, must I declare that I retain the other five hundred? Do I grant the whole thousand acres, when I grant five hundred, unless I declare that the five hundred I do not give belong to me still? It is so in this case. After granting some powers, the rest must "remain with the people".
We, the members of the American Patriot Party, acknowledge that the U.S. Constitution, adhering, respective and subject to these earlier Engagements (Articles VI, IX and X), established a Republic, under God, to be governed be the rule of defined law which respects, upholds and protects these certain, inalienable, Rights which are supreme law.
This is contrary to the popular opinion that our nation is a democracy, except only in those areas that are not in conflict with these inalienable rights.
In our Republic, we acknowledge that all men are created equal within the Laws of Nature and are endowed by their Creator with certain inalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.
Our Republic created a constitutional representative government based on the consent of the governed to protect "THESE" Rights.
2.) Limited Federal Government
This limited national government was created with specific enumerated and limited powers.
Today, the federal government has greatly exceeded those designated powers.
President Thomas Jefferson said, "The government which governs the best, governs least."
We thereby call for an immediate reduction of the federal government beginning with the transfer, as was first intended, of all federal lands into the hands of the States and under control and ownership of their respective counties free of any encumbrances.
Today, many believe that the government should be the solution to every problem and address every need. President Ronald Reagan once said, "Government is not the solution. Government is the problem."
We agree with both of these great statesmen as regulation itself, and the bureaucracy to support these regulations exceeds both the financial ability to support them and the barriers set forth by the confines of these documents and the intents of the Constitution; Further calling upon the Federal government to restore to the states and people, the rights that it has usurped.
Our Rights derived from the Declaration of Independence and Founders letters of intent; and original Constitution are great documents that have stood against the test of time, and today they continue to be the supreme law of the land. However, our government fails to acknowledge this and on a daily basis the Executive, the Legislative and the Judiciary ignore this supreme law of the land and the original intent of these documents.
We the members of the American Patriot Party support the strict interpretation of our Declaration of Independence and Constitution; demanding that Federal government be returned to its Constitutional roots which reflect the true intentions of the founders and those American Patriots who fought to give us this free country.
We demand that in accordance with the tenth amendment that powers not specifically delegated to the Federal government, be returned to the states and to the people.
3.) Rights of the Individual
We, the members of the American Patriot Party acknowledge that the U.S. Constitution that was derived from the Declaration of Independence was established to protect the rights of the individual first set forth in this country's founder's letters and within the Grievances the Declaration of Independence; and that these rights were specifically enumerated therein:
Declaration of Independence (click this link to review actual wording):
1.) The Right of a people to succeed from their or "any" Government; establishing SUCH certain, inalienable rights; among these life liberty and the pursuit of happiness (as presented in the documents Opening paragraphs and in the Grievances SEE ALSO: 39,40, 41 and 42)
2.) The Right of a people to Alter their government (Opening paragraphs)
3.) The Right of a people to Throw out their government should their government not protect and uphold these rights (Opening paragraphs) Defined as a free peoples First Right and Duty.
4.) (#1) of the following inalienable Rights established by the 40 Grievances from the Declaration of Independence):
The Right to have their government assent to laws the most wholesome and necessary for the public good.
5.) (#2) The right to have their government pass laws of immediate and pressing importance
6.) (#3) The right to allow for the accommodation of large districts of people, without relinquishment the right of representation in the legislature
7.) (#4) The right to have legislative assemblies and repository of their public records that are not located at places unusual, uncomfortable, which would fatigue people into compliance with measures.
8.) (#5) The right to have local representative houses to maintain the (these) rights of the people.
9.) (#6) The right to limit legislative powers, and their exercise to local issues;
10.) (#7) The right to:
A.) prevent the federal and state governments from enacting laws that prevent the population of these states and obstruction to the laws for naturalization of foreigners; or
B.) Raising the conditions of new appropriations of (Federal and State) lands.
11.) (#8) Right to not have obstructed the administration of justice.
12.) (#9) The right to have all judges and government positions elected and not appointed.
13.) (#10) The right to have a small un-intrusive and inexpensive federal, state and local government.
14.) (#11) The right not to have in times of peace "standing armies" i.e. federal and state military within our jurisdictions. And in time of war, to be there only for the purpose of defending inalienable rights of a free people respecting the needs and demands of the local area citizens, their laws, persons and their property.
15.) (#12) The right of the local civil powers, (i.e. civilians, unorganized ordinary citizen militia officered by men chosen from among themselves, as defined and established by James Madison and apparent in the battle of Lexington when 38 non-government, not legislatively approved, armed villagers walked out and faced 700 British Regulars of their "own government"; And further as defined by farmers who also retaliated and chased and fought their own standing British government armies into Charlestown); to be greater in power than the standing military powers.
Defined as such by James Madison's letter below, defining civilian militias to be officered by those chosen among themselves, not by government.
16.) (#13) The right to be free from foreign powers such as the UN and any such international environmental treaties; Free from the subjection to a jurisdiction foreign to our constitutions and unacknowledged by our laws, and inalienable rights, or from giving assent to their acts of pretended legislation:
17.) (#14) The right not to have quartering of armed troops among us;
18.) (#15) The right to have military tried by local courts.
19.) (#16) The right to free trade within the states and without.
20.) (#17) The right not to be taxed without our consent.
21.) (#18) The right to trial by jury.
22.) (#19) The right to be tried in local courts for offenses charged to anyone.
23.) (#20) The right to retain laws based on freedom and free trade between all free people, the right to limit the powers of any outside governments, whether federal, state, county or city (corporation) (arbitrary government) enlarging its boundaries so as to render it at once an example and fit instrument for introducing the same absolute rule into a unwilling community, person or property;
24.) (#21) The right to keep and maintain our local charters, our most valuable laws, and forms of our local and state governments;
25.) (#22) The right to keep our own legislatures and repel powers that attempt to legislate for us in all cases whatsoever. (Federal, State, county and City (corporation) legislative abuses)
26.) (#23) The right to have our rights and laws under protection of our federal government and State governments so long as they exist.
27.) (#24) The right not to be assaulted by our own government (s).
28.) (#25) The right not to have any part of our governments employ or involve foreign troops or soldiers or foreign mercenaries of any kind on American soil, this includes the United Nations.
29.) (#26) The right not to be forced to take arms against our own people, the right not to be pressed into service or drafted.
30.) (#27) The right not to have government propaganda aimed toward its citizens or to incite one against the other by such propaganda.
31.) (#28) The right to petition for redress of our grievances.
32.) (#29) The right to be heard in legislative assembly without hindrance by difficult procedures.
33.) (#30) The right to be free of a Tyrannical government.
34.) (#31) The right to privacy, independence, liberty.
35.) (#32) The right to have local control and local laws that are unique to each community and not governed from distant legislatures.
36.) (#33) The right to depart from one jurisdiction to another leaving behind all ties or controls of the previous.
37.) (#34) The right to redress and appeal.
38.) (#35) The right of justice.
39.) (#36) The right to separate from any government.
40.) (#37) The right to be free and independent states.
41.) (#38) The right to dissolve ties and be free and independent states.
See also Virginia Ratifying Convention MONDAY, June 16, 1788. NOTE: [Elliot misprinted this as Monday, June 14, 1788.]
James Madison: "If we be dissatisfied with the national government, if we "should choose to renounce {415} it", "this is an additional safeguard to our defense".
42.) (#39) The right "that as free and independent states they have full power to levy war, conclude peace, contract alliances, establish commerce, and to do all other acts and things which independent states may of right do."
43.) (#40) The Right to act by way and reliance of faith and conviction; The Right of choice.
All the above being inalienable rights as defined by the Declaration of Independence;
Read the Declaration of Independence
The single founding document of freedom, and in establishment of our free country;
The single document which defined decisively that anything to the contrary was the act of a tyrannical government and worthy of being cast out.
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Inalienable Rights of the Constitution:
The Constitution is a document that limits the Federal Government.
1.) Right to Life,
2.) Liberty and
3.) the pursuit of Happiness
4.) Right to be a free person (Liberty, to come and go without permit, document, number or notice or attention)
5.) Freedom of Religion
6.) Freedom of Speech
7.) Freedom of the Press
8.) Right to Assemble
9.) Right to Keep and Bear Arms (see 12th Grievance of the Declaration of Independence and Founders letters)
10.) Right to petition the government for redress of grievances
11.) Right to privacy and to be secure in ones person, papers and effects (property).
12.) Right to hold property and
13.) to not have property taken but only in time of war and then with just compensation for the time used;
and then vacated to be returned in its previous condition once finished being used.
(todays considered "just compensation" is laughable until they take land at what they believe "just" and then it's a certifiable crime; The use of land by any government should be limited to temporary war use as was the purpose as solely a war powers act alone.)
14.) Right to security, of both person and property and protection from unreasonable searches and seizures.
15.) Right to due process of law
16.) Right not to self-incriminate
17.) Right to non-excessive bail
18.) Right to counsel for defense
19.) Right to a speedy trial with a fair and impartial jury
20.) Right to confront accusers and their witnesses
21.) Right to trial by jury of peers
22.) Right to income and property to be free from taxation
23.) Right vote if over age 18
Today, however, the government has chosen to usurp and infringe upon many of these rights.
We call on the Federal government, States and county governments to acknowledge and protect these rights.
We believe that the Federal government can never justify infringement of these enumerated rights nor can abuse be excused by the threat of terrorism or the attack of an enemy whether foreign or domestic.
We therefore call for the immediate repeal of the so-called PATRIOT ACT.
And further we state, that a government infringes upon these enumerated rights ceases to be a government of the people and seeks to govern based not upon participation and trust, but upon fear.
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John Adams, Thoughts on Government, 1776:
"Fear is the foundation of most governments; but it is so sordid and brutal a passion, and renders men in whose breasts it predominates so stupid and miserable, that Americans will not be likely to approve of any political institution which is founded on it.".
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4.) Rights of the States
We, the members of the American Patriot Party acknowledge that the U.S. Constitution was established to protect the rights of the states and that powers, responsibilities and rights not granted specifically to the Federal government shall remain with states or to the people.
However, once again the Federal government has ignored the intent of the Constitution and has usurped from the following powers, responsibilities and rights from the states and local free citizenry:
Education - The control of all aspects of education is a matter for the states and under the power and control of the people and of local communities.
Law enforcement - The control of all aspects of law enforcement is a matter for the states and the people of local communities, except where specifically mandated for Federal control:
Thomas Jefferson - Kentucky Resolutions - 1798:
2. "Resolved, That the Constitution of the United States, having delegated to Congress a power to punish:
a.) treason,
b.) counterfeiting the securities and current coin of the United States,
c.) piracies, and felonies committed on the high seas (only), and
d.) offenses against the law of nations,
and >>>> NO OTHER CRIMES >>>"WHATSOEVER"; and it being true as a general principle, and one of the amendments to the Constitution having also declared, that "the powers not delegated to the United States by the Constitution, not prohibited by it to the States, are reserved to the States respectively, or to the people," therefore the act of Congress, passed on the 14th day of July, 1798, and intituled "An Act in addition to the act intituled An Act for the punishment of certain crimes against the United States," as also the act passed by them on the — day of June, 1798, intituled "An Act to punish frauds committed on the bank of the United States," (>>>> and ALL their OTHER ACTS which assume to CREATE, DEFINE, or PUNISH crimes, OTHER than THOSE so enumerated in the Constitution,) >>> are "ALTOGETHER" "VOID", and of "NO FORCE"; and that the power to create, define, and punish such other crimes is reserved, and, of right, appertains solely and exclusively to the respective "STATES", each within its own territory."
National Guard - The control of all aspects of the National Guard (as a state militia) except when called into national service by the Congress, as the National Guard is the state's last defense against a tyrannical government. That they swear oath to strict compliance and guard of the ORIGINAL COMPACTS of State and Federal Constitutions so that arrogated powers of either government can be held in check. SEE this link: "REPUBLICS AND REPRESENTATION"
Citizen Unregulated Militia - The Right of Unregulated Militias (the people) of any size; and the right to bear arms greater in power than any standing armies federal or state; Which includes a power greater than the state militias; As presented in the founders intent by James Madison, whose officers will be "chosen among themselves"; Not by governments; That the 12th Grievance of the Declaration of Independence establishes local civil powers to maintain powers greater than the standing army.
Note that with this stand, we also present that distant legislatures were warned of by the founders, and that states should be LIMITED IN PHYSICAL SIZE so that adequate representation of the people by their legislatures can be maintained and legislatures more directly accountable to those they serve. SEE this link: "REPUBLICS AND REPRESENTATION" in regard to the party stand on this issue, and the need to reduce the SIZE of states for adequate representation.
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James Madison who wrote the Constitution together the Bill of Rights:
"The highest number to which a standing army can be carried in any country does not exceed one hundredth part of the souls, or one twenty-fifth part of the number able to bear arms.
This portion would not yield, in the United States, an army of more than twenty-five or thirty thousand men.
To these would be opposed a militia amounting to near half a million citizens with arms in their hands, "officered by men chosen from "among themselves" (not by government), fighting for "their" common liberties and united and conducted by government"s" (local and states) possessing their affections and confidence.
It may well be doubted whether a militia thus circumstanced could ever be conquered by such a proportion of regular troops.
Besides the advantage of being armed, it forms a barrier against the enterprises of ambition, more insurmountable than any which a simple government of any form can admit of.
The governments of Europe are afraid to trust the people with arms.
If they did, the people would surely shake off the yoke of tyranny, as America did.
Let us not insult the free and gallant citizens of America with the suspicion that they would be less able to defend the rights of which they would be in actual possession than the debased subjects of arbitrary power would be to rescue theirs from the hands of their oppressors."
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And Further Equal in powers to the standing forces as indicated in the 12th Grievance of the Declaration of Independence:
12th Grievance (Defining Tyranny): "He has affected to render the military independent of and superior to the civil power".
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..... founders letters and evidenced in the actions in Lexington and following actions from Concord to and throughout the Revolutionary war where it was individuals fighting for their common liberty that gave us our freedom and not state legislatures or central governments. Further documented as a element of our first right and duty presented in the Declaration of Independence where it presents clearly that if "any" government" ... "evinces a design to reduce them under absolute despotism it is their right, it is their duty, to throw off "such government".
Election of Senators - The selection or appointment of Senators should rest in the state as originally noted in the Constitution. We call upon Supreme Court to declare the 17th amendment unconstitutional and in the absence of the ruling, call for its repeal.
Other Powers, Responsibilities and Rights - The Constitution reserves all powers, responsibilities and rights not specifically granted to the federal government to be reserved for the states or to the people.
We call upon the Federal government to immediately surrender those usurped powers, responsibilities and rights
5.) Responsibilities of the Federal Government
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Declaration of Independence:
That, to secure "THESE" rights, governments are instituted among men, deriving their just powers from the CONSENT of the governed;
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"These" Rights are described through the Grievances of, and in the Declaration of Independence presented above and the Bill of Rights. Further, these rights, depict the rights defined in COMMON LAW, best reviewed by reading John Locke on Civil Government, The Rights of the Colonists by Samuel Adams is roughly a 2 page summary of John Locke's 8 pages on Civil Government, word for word in some places; The English Bill of Rights and the Magna Carta as with other documents. The Virginia Ratifying Convention of 6-16-1788 is a good definition of the limitations of the federal government as it pertains to the meaning of the words written in the Constitution.
We, the members of the American Patriot Party believe that our Constitution is not the dead document that many claim, but was in fact a carefully crafted document that created a federal government as a government with limited authority.
The Constitution in Articles I through VI, enumerates the powers that may be exercised by the federal government. Of particular importance is Article I, Section 8 that delineates the authority of the Congress.
The Tenth Amendment to the Constitution specifically provides that: "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."
Unfortunately the limitations of federal government power imposed by the Constitution have been substantially eroded.
Preservation of constitutional government requires a restoration of the balance of authority between the federal government and the States as provided in the Constitution, itself, and as intended and construed by those who framed and ratified that document.
The Constitution granted the following limited powers to the federal government and limited by the peoples defined certain, inalienable, rights; the intent of the Founders and of the Grievances of the Declaration of Independence.
to make Taxes (only with the consent of those that are taxed - 17th Grievance, Declaration of Independence),
Duties (only with the consent of those that are taxed - 17th Grievance, Declaration of Independence),
Imposts (only with the consent of those that are taxed - 17th Grievance, Declaration of Independence) and
Excises (only with the consent of those that are taxed - 17th Grievance, Declaration of Independence) for the purpose of raising revenue to collect revenue for purpose of providing for the common Defense and general Welfare of the United States.
to borrow Money on the credit of the United States (only in those areas specifically delegated to it under the ORIGINAL COMPACT i.e. ORIGINAL CONSTITUTION);
to pay the debt caused by borrowing money on the credit of the United States
to regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;
to establish an uniform Rule of Naturalization,
to establish uniform Laws on the subject of Bankruptcies
to coin Money, regulate its value and relationship to foreign Coin,
to fix a Standard of Weights and Measures;
to provide for the Punishment of counterfeiting the Securities and current Coin of the United States;
to establish Post Offices and post Roads;
to establish copyrights, patents and trademarks
to constitute courts inferior to the supreme Court;
to define and punish piracies and felonies committed on the high Seas,
to define and punish offenses against the Law of Nations;
to declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water;
to raise and support military forces and establish rules and regulation for such military (Standing Army)
to provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions (only under application/invatation by the state and for very limited circumstances - one state attacking another; and for those limited purposes delegated to the federal government in regard to other nations - SEE Virginia Ratifying Convention 6-16-1788 that expressly defines this fact);
To provide for organizing, arming, and disciplining, the Militia (standing army only), and for governing such Part of them as may be employed in the Service of the United States, (see Founders letters limiting the standing army to 1/100 of souls or 1/25 of those able to bear arms, and the 12th Grievance of the Declaration of Independence limiting the power of the standing army to less than the citizen militia (unregulated civilians) who choose officers from among themselves. See James Madison letter below)
reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress (see Founders letters limiting the standing army to 1/100 of souls or 1/25 of those able to bear arms, and the 12th Grievance of the Declaration of Independence limiting the power of the standing army to less than the citizen militia (unregulated civilians) who choose officers from among themselves. See James Madison letter and 12th Grievance below);
See Virginia Ratifying Convention 6-16-1788 which limits the federal government's power of governing police to the very limited area of the 10 miles square of Washington DC and only for the purpose of insuring their independence while legislating;
Also See the Virginia and Kentucky Resolutions that reaffirm the limitation set upon the federal government that only allows the federal government to prosecute a very limited number of crimes or offenses.
Thomas Jefferson - Kentucky Resolutions - 1798:
2. "Resolved, That the Constitution of the United States, having delegated to Congress a power to punish:
a.) treason,
b.) counterfeiting the securities and current coin of the United States,
c.) piracies, and felonies committed on the high seas (only), and
d.) offenses against the law of nations,
and >>>> NO OTHER CRIMES >>>"WHATSOEVER";
and it being true as a general principle, and one of the amendments to the Constitution having also declared, that "the powers not delegated to the United States by the Constitution, not prohibited by it to the States, are reserved to the States respectively, or to the people,"
therefore the act of Congress, passed on the 14th day of July, 1798, and intituled "An Act in addition to the act intituled An Act for the punishment of certain crimes against the United States," as also the act passed by them on the — day of June, 1798, intituled "An Act to punish frauds committed on the bank of the United States," (>>>> and ALL their OTHER ACTS which assume to CREATE, DEFINE, or PUNISH crimes, OTHER than THOSE so enumerated in the Constitution,)
>>> are "ALTOGETHER" "VOID", and of "NO FORCE";
and that the power to create, define, and punish such other crimes is reserved, and, of right, appertains solely and exclusively to the respective "STATES", each within its own territory."
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James Madison who wrote the Constitution together the Bill of Rights:
"The highest number to which a standing army can be carried in any country does not exceed one hundredth part of the souls, or one twenty-fifth part of the number able to bear arms.
This portion would not yield, in the United States, an army of more than twenty-five or thirty thousand men.
To these would be opposed a militia amounting to near half a million citizens with arms in their hands, >>>"officered by men chosen from "among" "themselves", fighting for "their" common liberties and united and conducted by government"s" (Local and State) possessing their affections and confidence.
It may well be doubted whether a militia thus circumstanced could ever be conquered by such a proportion of regular troops.
Besides the advantage of being armed, it forms a barrier against the enterprises of "ambition", more insurmountable than any which a simple government of any form can admit of.
The governments of Europe are afraid to trust "the people" with arms.
If they did, the people would surely shake off the yoke of tyranny, as America did.
Let us not insult the free and gallant citizens of America with the suspicion that they would be less able to defend the "rights" of which they would be in "actual possession" than the "debased subjects" of arbitrary power would be to rescue theirs from the hands of their oppressors."
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12th Grievance (Defining Tyranny): "He has affected to render the military independent of and superior to the civil power ".
The Opposite of this Grievance defines an inalienable right of superior civil (citizen) powers to Military Powers in all forms of weaponry, defensive powers and offensive powers .
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Mr. JOHN MARSHALL "asked if gentlemen were serious when they asserted that, if the state governments had power to interfere with the militia, it was by implication. If they were, he asked the committee whether the least attention would not show that they were mistaken.
The state governments DID NOT derive their powers from the general government; but each government derived its powers from the people, and each was to act according to the powers given it. Would any gentleman deny this? He demanded if powers not given were retained by implication. Could any man say so? Could any man say that this power was not retained by the states, as they had not given it away? For, says he, does not a power remain till it is given away? The state legislatures had power to command and govern their militia before, and have it still, undeniably, unless there be something in this Constitution that takes it away.
For Continental purposes Congress may call forth the militia, as to suppress insurrections and repel invasions. But the power given to the states by the people is "NOT taken away"; for the Constitution does NOT say so. In the Confederation Congress had this power; but the state legislatures had it "also". The power of legislating given them within the ten miles square is exclusive of the states, because it is expressed to be exclusive. The truth is, that when power is given to the general legislature, if it was in the state legislature before, both shall exercise it; unless there be an incompatibility in the exercise by one to that by the other, or negative words precluding the state governments from it. But there are NO negative words here. It rests, therefore, with the STATES. To me it appears, then, unquestionable that the state governments can call forth the militia, in case the Constitution should be adopted, in the same manner as they could have done before its adoption. Gentlemen have said that the states cannot defend themselves without an application to Congress, because Congress can interpose! Does not every man feel a refutation of the argument in his own breast? I will show {420} that there could not be a combination, between those who formed the Constitution, to take away this power. All the restraints intended to be laid on the state governments (besides where an exclusive power is expressly given to Congress) are contained in the 10th section of the 1st article. This power is NOT included in the restrictions in that section. But what excludes every possibility of doubt, is the last part of it that "no state shall engage in war, unless actually invaded, or in such imminent danger as will not admit of delay." When invaded, they "CAN" engage in war, as also when in "imminent danger". This clearly proves that the states can use the militia >>>when they find it necessary."
"..... If Congress neglect our militia, "we can arm them ourselves". CANNOT Virginia "import arms?<> <>Cannot she put them into the hands of "HER" militia-men?
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to exercise exclusive Legislation in all Cases whatsoever, over the "Seat of the Government" of the United States, (NOT outside the limited delegated powers)
to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings;
Mr. Greyson 6-16-1788: "...It was often in contemplation of Congress to have power of regulating the police of the seat of government; but they NEVER had an idea of exclusive legislation in all cases. The power of regulating the police and good government of "IT" will secure Congress against insults. "What originated the IDEA" of the "exclusive legislation" was, some insurrection in Pennsylvania, whereby Congress was insulted, on account of which, it is supposed, they left the state.
It is answered that the CONSENT of the state MUST be required, or else they cannot have such a district, "OR places for the erecting of forts", &c. But how much is already given them! Look at the great country to the north-west of the Ohio, extending to and commanding the lakes.
Look at the other end of the Ohio, towards South Carolina, extending to the Mississippi. See what these, in process of time, may amount to. They may grant "exclusive privileges" to any particular part of which they have the possession. But it may be observed that those extensive countries will be formed into independent states, and that their CONSENT will be "NECESSARY". To this I answer, that they may still grant such "privileges" as, in that country, are already granted to Congress by the states. The grants of Virginia, South Carolina, and other states, will be subservient to Congress in this respect. Of course, it results from the whole, that requiring the consent of the states will be "NO GUARD" against this >>>"ABUSE of POWER".
And to make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested (and LIMITED) by this Constitution in the Government of the United States, or in any Department or Officer thereof.
MONDAY, June 16, 1788.[1] [Elliot misprinted this as Monday, June 14, 1788.]
Mr. HENRY replied that, if Congress were vested with supreme power of legislation, paramount to the constitution and laws of the states, the dangers he had described might happen; for that Congress would not be confined to the enumerated powers. This construction was warranted, in his opinion, by the addition of the word DEPARTMENT, at the end of the clause, and that they could make any laws which they might think necessary to execute the powers of any department or officer of the government.
Mr. PENDLETON: ... With respect to the necessity of the ten miles square being superseded by the subsequent clause, "which gives them power to make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the government of the United States, or in any department or officer thereof", I understand that clause as NOT going a "SINGLE STEP" beyond the delegated powers. What can it act upon? Some power given by this Constitution. If they should be about to pass a law in consequence of this clause, they must pursue some of the delegated powers, but can by "NO MEANS" depart from them, (N)OR ARROGATE "ANY NEW" powers; for the plain language of the clause is, to give them power to pass laws in order to give "effect" to the "delegated powers".
George Nicholas: The clause which was affectedly called the sweeping clause contained "NO NEW GRANT OF POWER". To illustrate this position, he observed that, if it had been added at the end of every one of the enumerated powers, instead of being inserted at the end of all, it would be obvious to any one that it was "no" augmentation of power. If, for instance, at the end of the clause granting power to lay and collect taxes, it had been added that they should have power to make necessary and proper laws to lay and collect taxes, who could suspect it to be an addition of power? As it would grant no new power if inserted at the end of each clause, it could not when subjoined to the whole.
He then proceeded thus: But, says he, who is to determine the extent of such powers? I say, the same power which, in all well-regulated communities, determines the "extent" of "legislative" powers. If they exceed these powers, the judiciary "WILL" declare it VOID, or else "the PEOPLE" will have a "RIGHT to DECLARE it VOID". (SEE THE VIRGINIA AND KENTUCKY RESOLUTIONS WHERE THOMAS JEFFERSON AND JAMES MADISON DO THIS BY ACTUAL EXAMPLE) Is this depending on any man? But, says the gentleman, it may go to any thing. It may destroy the trial by jury; and they may say it is necessary for providing for the general defence. The power of providing for the general defence only extends to raise any sum of money they may think necessary, by taxes, imposts, But, says he, our only defence against oppressive laws consists in the virtue of our representatives. This was misrepresented. If I understand it right, no "new" power can be exercised. As to those which are actually granted, we trust to the fellow-feelings of our representatives; and if we are deceived, we then "trust to altering our {444} government". It appears to me, however, that we can confide in their discharging their powers rightly, from the peculiarity of their situation, and connection with us. If, sir, the powers of the former Congress were very inconsiderable, that body did not deserve to have great powers.
It was so constructed that it would be dangerous to invest it with such. But why were the articles of the bill of rights read? Let him show us that those rights are given up by the Constitution. Let him prove them to be violated. He tells us that the most worthy characters of the country differ as to the necessity of a bill of rights. It is a simple and plain proposition. It is agreed upon by all that the people have all power. If they part with any of it, is it necessary to declare that they retain the rest? Liken it to any similar case. If I have one thousand acres of land, and I grant five hundred acres of it, must I declare that I retain the other five hundred? Do I grant the whole thousand acres, when I grant five hundred, unless I declare that the five hundred I do not give belong to me still? It is so in this case. After granting some powers, the rest must "remain with the people".
Mr. GEORGE MASON still thought that there ought to be some express declaration in the Constitution, asserting that rights not given to the general government were retained by the states. He apprehended that, unless this was done, many valuable and important rights would be concluded to be given up by implication. All governments were drawn from the people, though many were perverted to their oppression. The government of Virginia, he remarked, was drawn from the people; yet there were certain great and important rights, which the people, by their bill of rights, declared to be paramount to the power of the legislature.
For the Full Day Constitutional Debate, See The American Patriot Party News Letter "Division of Power"
6.) Rights of Local Communities over State, County and Federal Governments and Entities:
That laws should respect the views of those most locally effected. That state and federal laws shall not over rule the opinions and local vote of those most effected. Nor should distant votes or special interests override the interests of local communities.
That the definition of "public opinion" shall not exceed the area of the people most directly effected.
Where by we believe that those in any 5 mile by 5 mile affected area, is "public opinion" and that any action shall be simply voted on by that area of local citizens, and of that area alone, and thereby ruled with no outside intervention, and decision final.
Such voting powers shall override any and all state, county and federal governments, agencies or personnel, or private, corporate or other entity from, but not limited to, imposing zoning, building construction, grazing or other restrictions for which that community disagrees.
Such voting powers shall override any and all state, county and federal governments, agencies or personnel or special interests groups, national or international, from imposing National, International, State or county monuments, projects, restrictions on freedoms, liberties, business, land use, building or other such limitations.
Reserving to that community alone to make what issues they deem important, but all decisions shall respect the certain inalienable and equal rights of each of the individuals within that area of concern, Such shall be heard in the affected county courts without outside intervention in a manner prescribed by local county law.
All powers of condemnation except during an actual time of war will have no power by any government agency, entity or person; and if condemnation occurs in war, which is the sole purpose of any condemnation which the amendment and where just compensation is described and where all other condemnation is prohibited by the right of the people to be secure in their person papers and effects, all properties shall be returned afterwards. Wherein public safety is at risk by condition only, (not by esthetics nor by simple public will) the act of quarantine to general public will be established until any problem is repaired; Only when eminent public hazard exists will condemnation be allowed to be enacted for those things built upon the land or in the land but not the land itself nor fines imposed.
7.) Roles and Duties within the Federal Government - The Executive Branch:
We, the members of the American Patriot Party believe that under our Constitution the President is the chief executive of our federal government.
Every President has proclaimed the following oath upon inauguration: "I do solemnly 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."
Additionally, we believe that the President is accountable for upholding this oath and failure to uphold the oath of office would be grounds for removal from office.
Unfortunately, in recent history every President has failed to uphold this oath.
Article I, Section 9, of the Constitution says: "No money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law".
Appropriations can be made in only two circumstances; either:
A money measure passed by Congress and signed into law by the President;
A money measure enacted over a President's veto.
As stated the Constitution granted limited powers to the federal government.
The Congress annually authorizes expenditures that are over and above this mandate.
The role of President is to provide a check and balance on all money measures and it is the responsibility of the President to veto any legislation that is outside this mandate.
The violation of this oath of office is grounds for impeachment.
Each President elected during the last century has committed this impeachable offense.
We demand our President take serious the oath to preserve, protect and defend the Constitution, the intents defined and set forth by the Originating Founders of the Declaration of Independence, the ultimate engagement for which the Constitution and all laws of the United states are subject to under Section VI of the Constitution:
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Constitution: Article VI: All Debts contracted "and "Engagements" entered into (Oaths and Declarations), before the adoption of this Constitution, shall be as valid against the United Sates under this Constitution as under the "Confederation". This Constitution, and the Laws of the United States which shall be "made" in >>>"pursuance thereof" ; and all Treaties (Oaths and Declarations) ">>> made ", or which shall be "made", under the (LIMITED DELEGATED) Authority of the United States, shall be supreme Law of the Land ...."
Note the Supremacy clause (i.e. sweeping clause) outside the delegated powers, is limited to the 10 miles square of Washington DC; See Virginia Ratifying Convention 6-16-1788; Such as - The federal government can only govern police within the 10 miles square of Washington DC.
Declaration of Independence: 37th Grievance: "We, therefore, the representatives of the United States of America, in general congress assembled, appealing to the Supreme Judge of the World for the rectitude of our intentions, do, in the name and by the authority of the good people of these colonies, solemnly publish and declare that these united colonies are, and "of right" "ought to be", free and "independent" states;"
39th Grievance: "and that as free and independent states they have full power to levy war, conclude peace, contract alliances, establish commerce, and to do all other acts and things which independent states may of right do."
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8.) Roles and Duties within the Federal Government - The Judicial Branch:
Article 3 of The United States Constitution delineates the responsibilities of the judicial branch of our government and provides for appointment of federal judges for a term of office during good behavior.
These responsibilities are very limited in nature.
We, the members of the American Patriot Party, believe that limitations placed on the judiciary by the Constitution are in the best interests of the people and call for their restoration.
Additionally, we believe that judges should be subject to the determination of "good behavior" and the good behavior would include adherence to Constitutional principles and based on the intents described in the Declaration on Independence and Originating Founders Letters of and prior to 1776.
All appointees to the courts must be respectful of the value and importance of the Constitution and Declaration of Independence and must be committed to interpret law according to the intents of the Founding Fathers of 1776, the Declaration of Independence and the Constitution which will be "in Pursuance There of":
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Constitution: Article VI: All Debts contracted "and "Engagements" entered into (Oaths and Declarations), before the adoption of this Constitution, shall be as valid against the United Sates under this Constitution as under the "Confederation". This Constitution, and the Laws of the United States which shall be "made" in >>>"pursuance thereof" ; and all Treaties (Oaths and Declarations) ">>>made ", or which shall be "made", under the (LIMITED DELEGATED) Authority of the United States, shall be supreme Law of the Land ...."
Note the Supremacy clause (i.e. sweeping clause) outside the delegated powers, is limited to the 10 miles square of Washington DC; See Virginia Ratifying Convention 6-16-1788; Such as - The federal government can only govern police within the 10 miles square of Washington DC.
Declaration of Independence: 37th Grievance: "We, therefore, the representatives of the United States of America, in general congress assembled, appealing to the Supreme Judge of the World for the rectitude of our intentions, do, in the name and by the authority of the good people of these colonies, solemnly publish and declare that these united colonies are, and "of right" "ought to be", free and "independent" states;"
39th Grievance: "and that as free and independent states they have full power to levy war, conclude peace, contract alliances, establish commerce, and to do all other acts and things which independent states may of right do."
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9.) Roles and Duties within the Federal Government - The Legislative Branch:
Article 1 of the Constitution of the United States empowered the Congress with the responsibility of creating the law of our nation. As indicated above Section 9 of Article delineated the scope of this responsibility, however the Congress has ignored this mandate
We, the members of the American Patriot Party believe it is time for the American people to renew effective supervision of their employees in public office, to restore right standards, and to take back the government.
We believe the Congress must once again be accountable to the people, and obedient to the Constitution,
* And the inalienable rights of the free citizenry as defined in the Declaration of Independence.
Additionally we believe that the Congress must repeal all laws that delegate legislative powers to regulatory agencies, bureaucracies, private organizations, the Federal Reserve Board, international agencies, the President and the judiciary.
Ý The U.S. Constitution, as originally framed in Article I, Section 3, provided for U.S. Senators to be elected by the state legislators.
This provided the states direct representation in the legislative branch so as to deter the usurping of powers that are constitutionally reserved to the states or to the people.
The Seventeenth Amendment (providing for direct, popular election of U.S. Senators) took away from state governments their constitutional role of indirect participation in the federal legislative process.
Ý We believe that if we are to see a return to the states of those powers, programs and sources of revenues that the federal government has constitutionally taken away, we must repeal the Seventeenth Amendment and return to the state legislatures the function of electing the U.S. Senate.
This would return the U.S. Senate to being a body that represents the legislatures of the several states, on the federal level and, thus, a tremendously vital part of the designed checks and balances of power that our Constitution originally provided for will be restored.
Note that with this stand, we also present that distant legislatures were warned of by the founders, and that states should be LIMITED IN PHYSICAL SIZE so that adequate representation of the people by their legislatures can be maintained and legislatures more directly accountable to those they serve. SEE this link: "REPUBLICS AND REPRESENTATION" in regard to the party stand on this issue, and the need to reduce the SIZE of states for adequate representation.
10.) Campaigns and Elections
Our election laws were founded upon the principle of "one person, one vote".
To ensure equality across our diverse nation, the founders created the concept of electors to guarantee representation of all states big and small.
Politics have brought both of these principles are under fire today. The election process has been convoluted by politics.
We, the members of the American Party, believe that process, the process of election of the President as outlined in our Constitution ensures the representation of the citizens of our nation and should not be changed.
We believe politics have been dominated for too long by interests that have their own welfare in mind, with no regard to that of the inalienable rights of the public.
We believe that citizens have a duty to take power back into their own hands by reforming ballot access laws and holding their elected officials to a high standard of service.
We believe in the principle of "one person, one vote" and believe that the media cannot be allowed to discourage voters from participate in elections by declaring a winner before all for ballots are cast.
In this end, we call for the Congress to establishment uniform voting hours and methodology for federal elections.
We support uniform voting hours that would require all states close their voting booths at the same time (11:59 PM EST, 6:59 PM Hawaii Standard Time).
Votes by mail, which is far more convenient and increases voter participation, is an accepted practice in some states and supported.
America's founders did not believe that those with their own self-centered agendas should hold public office indefinitely.
We believe in term limits and the return of government to statesmen that first defend certain inalienable rights and are educated in freedoms original foundation to keep its perpetuity, rather than career politicians that endanger those freedoms by putting forth questionable issues stemming from long time fiscal constituents solely because of their financial support, then ignore their duty of defending freedoms or upholding issues of freedom that are in conflict with the issues of their fiscal constituents.
We do not believe incumbency of the individual or the party makes one the most qualified for the job.
We believe that a person holding federal office should resign that office for two years before seeking election to another position.
We believe that a conflict of interest exists when this occurs as the primary responsibility of the person holding office is to perform the duties of said office.
The past election cycle have shown how difficult it is perform the duties of one office while seeking another.
The two major parties have monopolized the political landscape by creating unfair and often-arbitrary ballot access requirements for parties offering alternative voices for the American people.
We believe in the need for easier ballot and debate access and for the retention of the paper ballot system. We further believe in equal access rights for alternative candidates in every media forum.
We believe in a two vote system.
The two candidate voting system: This system allows the voter to vote for the candidate he believes will be the best person for the job; If that person does not get enough votes, his second choice is recorded.
This allows the voter to vote his conscience first without throwing away a crucial vote. An example would be, if you believed Peroutka was the best person for the job as president but did not want to loose a vote to W. Bush You would simply vote Peroutka as your first choice and W. Bush for second choice;
If Peroutka did not carry the votes necessary to be a contender, you would not loose anything; This is because the second choice vote for Bush would automatically engage and be counted for Bush. This innovative voting system allows for greater options to vote your conscience and empowers the voter.
Security of Certain Inalienable Rights: We believe that certain inalienable rights are not subject to vote. The only freedom you do not have in a free country, is to vote away freedom defined by the Originating Founders as certain inalienable rights, which are the foundation and definition of freedom and a free country.
We are first a certain inalienable individual rights based government, then, and only where there is no conflict with these rights, are we a representative or by vote democracy. Any law or regulation, military or civilian, not respecting certain inalienable rights as defined by the Originating Founders letters of 1776 and before and of the Declaration of Independence are considered by this party null and void; and if such law or laws against any such rights are attempted to be enforced, it will be deemed an act of treason and declaration of war against a free people and against the united, free, independent states. A subversive act which will offer no law of protection or refuge and a general call to arms of the state or local militia or law enforcement action until the oppression and danger against freedom is eliminated.
Corporate and nonprofit controlled PACs have created a system wherein candidates are not only for sale, but where the biggest bank roll can reach the most voters.
We believe free speech, political or otherwise, is a right that belongs to all individuals and entities equally; However, we believe that political contributions should be fully disclosed and come only from individual voters alone, not from companies who as fiscal bureaucracies derive money from those opposed to their company's political ambitions and views as well as those who are in favor of it.
Additionally, we believe that taxpayer-funded campaign mailings should be abolished.
Furthermore, we believe that the present system of lobbying needs reform and should only allow for the same to be conducted by groups whose funds come directly from citizens.
Goals
Our goal is to insure freedom's promises, Strengthen individual inalienable rights and liberties; Empower local control; Strengthen states rights;
Further to reduce greatly the size federal government, its bureaucracies, invasiveness and burdens on all citizens;
To protect average citizens and free independent business (i.e.: non-corporate, non-union, non-special interest group, non-entity, non-government financed, dependent or mandated entities), against manipulated or favored laws aimed only to benefit groups, organizations and entities such as those listed.
Free trade means Free Trade inside as well as outside the United States;
We believe Free Un-taxable Trade inside the United States First; Then worry about free trade outside.
The freedom for any and all individuals to explore for oil and minerals in the United States First; With no favored status to corporations, unions or other groups over the individual. Nor harsh restrictions imposed.
Protecting inalienable rights as defined by the Founders, strengthening states rights and empowering local control.
The American Patriot Party. |
