December 2, 2010
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This article is only for those who care if the Constitution is being
honored and obeyed by their elected officials.
If you have little regard for our Constitution, and do not care if it is
obeyed as written, then please skip this article.
If, however, you care enough to want to know what you can do in defense
of constitutional governance carried out in decency
and good order, then read on.
On Monday of this week, the Supreme Court of the
United States entered the following orders:
KERCHNER, CHARLES, ET AL. V.
PRESIDENT OF THE
U.S., ET AL.
The petition for a
writ of certiorari is denied.
SCHULZ, ROBERT L. V. FEDERAL
RESERVE SYSTEM, ET AL
The petition for a writ of
certiorari is denied.
Both cases were controversies involving subject
matter critical to the primary governmental
functions and intent of law set forth in the
Constitution for the United States.
Kerchner was defending his individual Right to a
President that is a natural born citizen.
Schulz was defending his individual Right to a
government that does not give or lend public funds
to private corporations for definitively private
purposes (i.e., the $700 billion AIG and TARP
financial bailouts), a power not inherent in the
People, much less transferable or granted by the
People to the Government.
The Judicial Article III of the Constitution
guarantees Kerchner and Schulz that the merits of
their cases would be heard by the independent,
federal courts (“the judicial Power shall extend to
all cases, in law and equity, arising under this
However, the lower courts violated Article III,
summarily dismissing the cases for “lack of
standing,” on the (erroneous) ground that because
the injuries to Kerchner and Schulz were no
different from the injuries suffered by the rest of
the people in the country, neither Schulz nor
Kerchner’s Petitions to cure constitutional torts
could proceed. By dismissing the cases on “lack of
standing”, the courts essentially suggest that
Kerchner and Schulz should have directed their
Grievances to Congress - as if the issues raised
were political questions and America was a pure
democracy with rights granted by the will of the
majority, rather than a Republic with unalienable,
individual, Natural Rights, guaranteed by written
Constitutions, enforceable through an independent
Kerchner and Schulz had Petitioned the Supreme Court
of the United States to overrule and reverse the “no
standing” rulings of the lower courts and send the
cases back to the lower courts for a hearing on the
merits of the constitutional challenges. In denying
both Petitions for Certiorari and avoiding a
judicial examination of the merits for no other
discernable reason than political eagerness, the
Supreme Court added a ruthless sneer to the
About all that can be said about the Kerchner
and Schulz cases is we can add “presidential
eligibility” and “corporate welfare” to the dung
heap of other desecrations of our sacred Charters of
Freedom, including but by no means limited to
violations of the war, money, taxes, privacy,
property, immigration, petition and sovereignty
clauses -- all of which have been the subject of
repeated Petitions and court challenges that have
been either ignored by government officials or
tersely dismissed by abuses of one judicial doctrine
Unfortunately, this leaves us – the People - with
but one irrefutable conclusion: the Constitution is
NOT now serving any meaningful purpose. The rule of
law has been replaced by the rule of man and whim.
The Constitution has become a mere menu of words,
phrases and ideas which the government may choose to
define or ignore at its sole will and discretion.
The way the system is working is in sharp contrast
to the way it was designed to work. Ignoring Article
V’s prescriptions for orderly change, our elected
and appointed officials are now doing whatever they
think best, literally unrestrained by either the
written words of the Law itself or the intent behind
those words – i.e., the set of principles,
prohibitions and mandates proclaimed to govern
them – the Constitution for the United States,
the Supreme Law of the Land.
Rather than three independent, co-equal branches of
a highly-limited federal Government, each designed
to be a check and balance on the other two, keeping
them in their constitutional places, with the People
possessing the ultimate Power, we now suffer the
branches cooperating in decisions to deny the
People their creator-endowed, unalienable Rights to
life, Liberty, property and the pursuit of
The following question is for those among us who
know that the Constitution is a set of principles to
govern the government and is all that stands between
the People and oppression, who know what the
Constitution has to say about such current events as
war, money, taxes, privacy, property, illegal
immigration, and sovereignty.
What should a free People do when faced with the
realization that their Constitution is being
dishonored and disobeyed by their elected officials
and judges, and that their creator-endowed Rights
have been whittled away by elected servants who are
taking over the house that the Founding Fathers
designed “with reliance upon Divine Providence”?
As a point of departure, to get the ideas flowing,
we suggest a late January, 2011 Liberty Summit, in
D.C., attended in person by those with a proven
passion for the Constitution, with the proceedings
webcast, live. The attendees would also to be
opinion leaders of fairly large groups of adherents.
Their purpose would be to see if they could agree on
the content of a Liberty Matrix and a course of
action for the Free to restore constitutional
What say you? Please, please pass this message
Our next update will detail the darkest
and most outrageous example of the three branches
having a secret share in a scheme to forbid the
People from claiming and exercising their First
Amendment Right to hold the government accountable
to the Constitution.
At the close of the next update we will
provide a web site where interested parties will be
able to post their comments regarding the
desirability of the suggested
Summit. Stay tuned!