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February 10, 2007

Illegal Immigration: 

A Profound Solution
To The Invasion


If The Government Will Not Act,
We The People Have A Duty,
And The Legal Power To End It

Some months ago over 500,000 illegal immigrants took to the streets of Los Angeles in bold defiance of the immigration laws of the
United States. Similar demonstrations were also held that day and in the days following in other American cities. 

The speakers who addressed the illegal immigrants at the demonstrations and the signs being carried by the demonstrators themselves were openly proclaiming the true purpose of the unlawful, and virtually unchecked, mass migration across our southern border. It’s a message that is now often and openly repeated by opinion leaders in the illegal immigrant community. 

Los Angeles, CA protest, March 2006

For instance, Jose Angel Gutierrez, a Professor at the University of Texas in Arlington has said publicly, “This is our homeland. We belong here. We cannot, we will not, and we must not be made illegal in our homeland. We are not immigrants…We are free to travel the length and breath of the Americas because we belong here. We are millions. We just have to survive. We have an aging white America. They are not making babies. They are dying. It is a matter of time. The explosion is in our population.” 

In addition, Joe Bacca, California State Senator has said publicly, “But when we look out at the audience and we see Amuela, La Raza, you know, it’s a great feeling. Isn’t it a great feeling? And you know, it reminded me of a book that we all read and we all heard about. You know. Paul Revere, when he was saying, ‘The British are coming. The British are coming.’ Well, the Latinos are coming. The Latinos are coming. So that’s what this agenda is about. It’s about the feeling that we increase our numbers, that we increase our numbers at every level. And let me tell you, we can’t go back. We are in a civil war. United, Latinos will win.” 

In addition, Antonio Vellaraigosa, the mayor of Los Angeles has said publicly, “It is not enough to elect Latino leadership if they are not supporting legislation that denies the undocumented. They don’t belong in office my friend. They don’t belong here.” 

In addition, Fabian Nunez, the Speaker of the California State Assembly has said publicly, “And those rednecks that are out there making decisions for the betterment of their communities will think twice before they push forward anti-immigration legislation against our community. You can be as revolutionary as you want… We don’t have to give our lives. We are not at that point [yet].” 

In addition, Herman Baca, Chairman of the Chicano Committee on Civil Rights said, “The nation of Aztlan. You know, when the extreme right wing talks about Aztlan, I guess it’s from a guilty complex [sic]. They know what they did in Texas.” 

In addition, Armando Naarro, a Professor at the University of California at Riverside said, “We have the armies. We have the infantry. We have the artillery. We have to combine it under one organized command so we can wage an effective countervailing war against the racist that are trying to (unintelligible).” 

Click here to watch a four-minute video recording of scenes of the demonstration and to listen to the voices of these people saying these things. Go to for more video evidence of the real purpose behind the mass migration.

The U.S. Government Has Violated
The Constitution and Failed the People

We know what the problem is. It’s hard to ignore. Millions of people are entering the United States every year, illegally. They are putting tremendous strains on our tax-supported facilities and programs including our schools, hospitals, jails, welfare and social services. Cultures are clashing, to say the least, and the Government of Mexico is actively supporting and encouraging the invasion. 

Our Libertarian friends suggest the only way to solve the problem is to dismantle the welfare state. Public charity, they say, is the magnet that attracts the illegal immigrants. 

We agree the United States would be better served with a return to individualism, self-reliance and private charity. However, we do not agree with the notion that it is merely America’s policies and programs of taking money from those who earn it to give to those who don’t earn it that is causing millions of Mexicans to enter the United States illegally.  

Nor do we agree that we need to dismantle the welfare state before we confront the growing illegal immigrant problem.  

What is happening in the United States, particularly in the Southwest, as a result of the failure of the Government of the United States to enforce existing immigration laws has gone too far and cannot be allowed to continue.  

It is making a mockery of our Constitution and the Rule of Law.  

The invasion of millions upon millions of foreigners, uninvited and without notice to the United States is a far greater threat to our national security, national interest and general welfare than Saddam Hussein and Iraq have ever been.  

Both major political parties in the United States, and the people they designate to sit in Congress to represent the citizens of the United States, are paralyzed for fear of offending the Latino vote. Rigor mortis has set in. They have demonstrated their inability and unwillingness to honor and defend the Constitution. 

We, the People must act, and we must act now. The longer we wait, the greater the threat to our Constitutional Republic, system of governance and national sovereignty.  

Fortunately, we, the People have the constitutional means to force the President and the Congress, without violence, to honor and defend the Constitution.  

The founding fathers knew our Constitution, with its Bill of Rights, would not be able to defend itself when the day came, such as now, when the Government would turn a blind eye to the Constitution, seeing only its own, self-serving agenda and interests. 

To enable us, We, the People, to hold the Government accountable to the Constitution, the founders included the “capstone Right”– the Right that allows the People to enforce the Constitution when the Executive, Legislative or Judicial branches of the Government of the United States refuse to do so. 

Our capstone Right is in the Bill of Rights. It’s the fifth of the five Rights guaranteed by the First Amendment: Congress shall make no law…abridging… the Right of the People…to Petition the Government for a Redress of Grievances.”

The Profound Capstone Right

Here is how common sense and the Founders tell us, We, the People, to go about obtaining relief from the acts of our Government’s officials that are repugnant to our Constitution: 

First, upon being injured by the Government, the People are to draft and serve the Government with a written Petition for Redress of their Grievances.  The People may rightfully Petition when Government has either abused its limited, delegated authority or when it has otherwise failed to perform a duty mandated by the Constitution, such as the current failure of the President to “faithfully execute” the (immigration) laws, as he is required to do by Article II, Section 3 of the Constitution. 

Second, the Government is then required, as a servant and creation of the People, and by the legal nature of the Right of Petition, to respond to the Petition for Redress of Grievances. 

Third, if the Government refuses to respond or to provide Redress as demanded in the Petition, the People possess the lawful authority to withdraw their financial support from the Government until it provides Redress to the People. 

In fact, we believe this Right of Petition is so powerful that the Internal Revenue Service is prohibited by the Constitution from enforcing the Internal Revenue laws against those rightfully claiming and exercising the Right  (note: this specific legal issue is currently before the U.S. Court of Appeals in Washington DC. See the lawsuit Information Center for We The People vs. The United States Government). 

Of course, the People have the Right to claim and exercise their Rights under the Second Amendment if the First Amendment does not peaceably procure the relief the People are entitled to. 

Given the urgency of the facts and circumstances surrounding the current invasion of illegal immigrants, aided and abetted by the nation of Mexico, We, the People have a duty to perform in defense of our Constitutional Republic and Rule of Law.
This duty is not a vague political concept, but a responsibility of all citizens of the
United States of America.

The Petition For Redress Regarding
The President’s Failure to Enforce The
Immigration Laws of the U.S.

We must take the first step. We, the People must Petition the United States Government for Redress of Grievances regarding the failure of the Government to enforce the immigration laws.  

CLICK HERE  to read and sign the Immigration Petition for Redress.

It will be served on every member of Congress and the President by March 15, 2007. The more signatures the better. 

A transmittal letter will be served along with each Petition. The letter will state that the on March 30, 2007, the People will assemble at Lafayette Park opposite the White House at 1 p.m., to await the response from the President and the Congress.  The letter will warn the President and the Congress that should they fail in their constitutional obligation to provide a responsive response to the Petition for Redress, the People will not be filing tax returns for 2006 and will retain their money until their Grievances are Redressed.

The People, By Right And By Law,
Possess The Power To Stop The Invasion

In an official Act passed unanimously by the Continental Congress in 1774 (the same Congress that adopted the Declaration of Independence), the Founders said,

"If money is wanted by Rulers who have in any manner oppressed the People, they may retain it until their grievances are redressed, and thus peaceably procure relief, without trusting to despised petitions or disturbing the public tranquility." See Journals of the Continental Congress,1:105-113 

There is absolutely nothing in American history or Jurisprudence that contradicts this interpretation of the meaning of the capstone Right. For instance, no court has ever declared the meaning of the capstone Right; because its meaning was well understood, and there is ample documentary evidence supporting our interpretation

In fact, the essence of the Natural Right of Men over their servant governments was first expressed in writing as part of Magna Carta, signed June 15, 1215.  This written document established the basis of Law for Western Civilization as man struggled out of the Dark Ages.  It was this agreement, between the governed, and their servant governors, that enumerated the Natural Rights of man and the Obligations of the Government.  These principles of governance withstood the test of centuries of war, progress and enlightenment, eventually becoming embodied, and soundly restated in America’s founding documents.

In short, the Rights enumerated in Magna Carta formed the very foundation of our modern systems of Law, Justice, Property, Labor, and Security. Magna Carta was the first instrument of written Law to proclaim the Natural Rights of Man, including popular sovereignty and government based on the consent of the governed.

For instance, Section 61 of the Magna Carta states the following:

“If we, our chief justice, our officials, or any of our servants offend in any respect against any man, or transgress any of the articles of the peace or of this security, and the offence is made known to four of the said twenty-five barons, they shall come to us - or in our absence from the kingdom to the chief justice - to declare it and claim immediate redress. If we, or in our absence abroad the chief justice, make no redress within forty days, reckoning from the day on which the offence was declared to us or to him, the four barons shall refer the matter to the rest of the twenty-five barons, who may distrain upon and assail us in every way possible, with the support of the whole community of the land, by seizing our castles, lands, possessions, or anything else saving only our own person and those of the queen and our children, until they have secured such redress as they have determined upon. Having secured the redress, they may then resume their normal obedience to us.”

Section 61 of the Magna Carta, in effect, recognizes and provides for the Natural and inherent Right of the People to physically attack and seize, if necessary, the officers and property of the Government in order to secure Redress against the Government’s transgressions upon the Rights of the People should the Government fail to respond to the People’s Petitions in forty days.  

Section 61, in part, articulates the Right of the People to Petition their Government for Redress of Grievances and to use violent force, if necessary, to secure such Redress.

However, we are suggesting a non-violent response to any failure by the Government to properly respond to our proper Petition for Redress: No Answers, No Taxes.

Thomas Jefferson wrote, 

"The privilege of giving or withholding our moneys is an important barrier against the undue exertion of prerogative which if left altogether without control may be exercised to our great oppression; and all history shows how efficacious its intercession for redress of grievances and establishment of rights, and how improvident would be the surrender of so powerful a mediator."
See Thomas Jefferson: Reply to Lord North, 1775. Papers 1:225. 

Our Declaration of Independence provides additional clarification of the meaning and the importance of the capstone Right, stating,

“In every stage of these Oppressions We have Petitioned for Redress in the most humble terms. Our repeated Petitions have been answered only by with repeated injury. A Prince, whose character is thus marked by every act which may define a Tyrant, is thus unfit to be the ruler of a free people….”

The preamble to the Bill of Rights states:

"The Conventions of a Number of the States having at the Time of their adopting the Constitution, expressed a Desire, in Order to prevent Misconstruction or Abuse of its Powers, that further declaratory and restrictive Clauses should be added: And as extending the Ground of public Confidence in the Government will best insure the beneficent Ends of its Institution….”

No Redress, NO Taxes:
A Constitutional Solution
To An Intractable Political Problem

In the end, the solution is profound, simple, and available BY LAW to EVERY INDIVIDUAL citizen of the United States of America:

1)  Petition the Government and Demand Redress to stop the invasion

2)  If NO Redress is secured, every Citizen must withhold their taxes.

This is the solution provided by our Founders.  It is simple.  It is non-violent. It is designed to confront and resolve government oppression or dereliction of duty.

Most importantly, every individual American possesses the Right to participate in the process – to help cure what the political process can’t cure.
It is crucial to remember that although the immigration issue may facially appear to be a political issue, it is more accurately a “constitutional tort” -- i.e., the direct result of the Government’s failure to carry out its duties under the Constitution.

It is time to recognize that the immigration dilemma cannot, and will not find a solution in the political sphere. 

Our political parties and their designees are far too beholden to political, corporate and financial interests to act in the People’s interest.  These forces of corruption and influence are so strong that they have induced the Government -- the servant of the People -- to abandon the People’s Rule Book, the Constitution of the United States of America.  

At the end of the day it is We, the People who must take personal responsibility for the protection, preservation, and enhancement of the individual, unalienable Rights endowed by the Creator and guaranteed by the Constitution and Bill of Rights.  

The Constitution cannot defend itself. That IS the responsibility of the beneficiaries of its inherent blessings.

Please join us in claiming and exercising the Right to Petition the Government for a Redress (Remedy) of the Grievances attendant upon the invasion of illegal immigrants.            

The attention of anyone wishing to know more about the Rights of the People and the Obligations of the Government under the capstone Right is invited to the legal briefs currently before the United States Court of Appeals for the District of Columbia in the case of We The People v United States ( Click here), and the only Law Review Articles ever published on the subject (Click here).

Click Here to READ & SIGN the
Immigration Petition For Redress

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