Rescind War/Emergency Powers Petition:
Fri Jun 30, 2006 15:06

 

Rescind War/Emergency Powers Petition:
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PETITION FOR REDRESS OF GRIEVANCES

RELATING TO THE APPLICATION OF

THE ARMED FORCES OF THE UNITED STATES IN

HOSTILITIES IN IRAQ WITHOUT A CONGRESSIONAL DECLARATION OF WAR



WHEREAS, during September, 2002, the President of the United States of America submitted a draft Resolution to the United States Congress that would authorize the President to apply the armed forces of the United States of America in hostilities in Iraq without a congressional Declaration of War, and

WHEREAS, All men are created equal and are endowed by their "Creator" with certain unalienable rights, and

WHEREAS, If the Creator has, in fact, gratuitously provided, equipped and enriched the People of the United States of America with Rights, it follows that those Rights belong to the People and to the Creator and it follows that any affront to the Constitution (as when government attempts to violate an unalienable Right) is an affront to the Creator, and

WHEREAS, If our Rights come from the Creator, only the Creator can frustrate and deny or defeat our Rights -- that is, government cannot abridge what God has put in place, and

WHEREAS, The Constitution of the United States of America is a strongly worded, Divinely inspired set of principles expressly intended to govern the government, not the people, and

WHEREAS, By the terms and provisions of the Constitution, the People have established their government and authorized it to act in certain ways, and have purposely and markedly restricted and prohibited the government from acting in certain ways, and

WHEREAS, The People, through their Constitution, have prohibited the government from applying the armed forces of the United States of America in hostilities overseas without a Congressional declaration of war, and

WHEREAS, The People have granted to Congress alone the authority to declare war against a foreign nation, and

WHEREAS, The Constitution does not give Congress the authority to delegate control over its war declaration power to the President, and

WHEREAS, The Constitution guarantees every American citizen the unalienable right to life, liberty, and property, and

WHEREAS, Each of the Constitution’s prohibitions and restrictions on government’s power is, in fact, another unalienable right enjoyed by every citizen and resident on American soil, and

WHEREAS, Each individual on American soil has an unalienable right to freedom from a government that would apply the armed forces of the United States of America in hostilities overseas without a Congressional declaration of war, now therefore

WE THE PEOPLE, hereby petition the federal government for a redress of grievances relating to the application of the armed forces of the United States of America in Iraq without a congressional declaration of war, and

WE THE PEOPLE, respectfully request that the President of the United States of America, each member of Congress’ House of Representatives and each member of Congress’ Senate honor their oaths of office to uphold the Constitution, by honoring their obligation to respond to this, the People’s petition for redress of grievance, by answering the following questions:
1. Do you admit that the War Powers Clauses of the United States Constitution provides Congress with the power to "define and punish…offenses against the Law of Nations" (U.S. Constitution, Art. 1, 8, cl.10), and the power to "declare War . . . ." (U.S. Constitution, Art. I, 8, cl. 11), and the power to "make rules for the government and regulation of the [armed forces of the United States]" (U.S. Constitution, Art. I, 8, cl. 14), and the power to "provide for the calling forth of the [National Guard and National Guard Reserve]…." (U.S. Constitution, Art. I, 8, cl. 15), and the power to "provide for…governing such part of the [National Guard and National Guard Reserve]…." (U.S. Constitution, Art. 1, 8, cl. 16)?

2. Do you admit that Congress’ power to declare war works in conjunction with the authority granted to the President under the Constitution to act as "Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States." (U.S. Constitution, Art. II, 2, cl. 1)?

3. Do you admit the Framers intended to give each of the two branches a role in the conduct of foreign military affairs, that is, that Congress would declare war and raise and financially maintain armies, while the President would conduct wars?

4. Do you admit that in 1973, over President Richard Nixon’s veto, Congress passed the War Powers Resolution, (50 U.S.C. 1541, et. seq.), in order to "fulfill the intent of the framers of the Constitution of the United States and insure that the collective judgment of both the Congress and the President will apply to the introduction of United States Armed Forces into hostilities, or into situations where imminent involvement in hostilities is clearly indicated by the circumstances, and to the continued use of such forces in hostilities or in such situations?"[See 50 U.S.C. 1541(a)]

5. Do you admit that the purpose of the resolution was to ensure that the "constitutional powers of the President as Commander-in-Chief to introduce United States Armed Forces into hostilities, or into situations where imminent involvement in hostilities is clearly indicated by the circumstances, are exercised only pursuant to (1) a declaration of war, (2) specific statutory authorization, or (3) a national emergency created by attack upon the United States, its territories or possessions, or its armed forces?" [See 50 U.S.C. 1541(c)]

6. Do you admit that War Powers Resolution 50 U.S.C. 1541 et.seq., delegates to some future President, under any unknown circumstances, the power to introduce the United States armed forces into hostilities (war) against a sovereign nation, even those which offer no threat to the United States, its allies, or to any other nation, for a period of sixty days or more, without a declaration of war by Congress and without specific statutory authorization?

7. Do you admit that the War Powers Resolution provides, inter alia, that "[i]n the absence of a declaration of war, in any case in which United States Armed Forces are introduced (1) into hostilities or into situations where imminent involvement in hostilities is clearly indicated by the circumstances; (2) into the territory, airspace or waters of a foreign nation while equipped for combat, except for deployments which relate solely to supply, replacement, repair, or training of such forces; or (3) in numbers which substantially enlarge United States Armed Forces equipped for combat already located in a foreign nation; the President shall submit within 48 hours to the Speaker of the House of Representatives and to the President pro tempore of the Senate a written report setting forth the circumstances necessitating the introduction of forces, the constitutional and legislative authority to introduce the forces and the estimated scope and duration of the hostilities or involvement." 50 U.S.C. 1543(a)? (our emphasis).

8. Do you admit that in violation of said War Powers clauses, the War Powers Resolution of 1973 delegates to some future President, under any unknown circumstances, and without a declaration of war by Congress, and without specific statutory authorization, the power to define and punish "offenses" by a sovereign nation, by introducing the United States armed forces into hostilities (war) against that sovereign nation, even though that sovereign nation may offer no threat to the United States, its allies or to any other nation?

9. Do you admit that 50 U.S.C. 1544(b) requires that within sixty calendar days after the President either submits a report pursuant to Section 1543(a) or is required to have submitted a report, the President must terminate the use of the United States Armed Forces described in Section 1543 unless Congress (1) has declared war or has provided specific authorization for the use of such forces, (2) has extended by law the sixty-day time period, or (3) is physically unable to meet as a result of an armed attack on the United States?

10. Do you admit that 50 U.S.C. 1544(b) authorizes the President to extend the sixty-day period an additional thirty days if he determines and certifies in writing to the Congress that the continued use of forces for the additional time is necessary to safely remove the United States Armed Forces?

11. Do you admit that 50 U.S.C. 1545, 1546, 1546a (The War Powers Resolution) also sets forth a mechanism so that both houses of Congress are required to give priority consideration to any resolution or bill that would provide the President with the authorization described above?

12. Do you admit that the War Powers Resolution, 50 U.S.C. 1541 et.seq., does not indicate what is to happen if the President ignores the sixty-day requirement, as President Clinton did with respect to his military campaign against Yugoslavia?

13. Do you admit that the War Powers Resolution, 50 U.S.C. 1547(a), explicitly provides that authority to introduce forces into hostilities shall not be inferred "from any provision of law . . . including any provision contained in any appropriations Act, unless such provision specifically authorizes the introduction of United States Armed Forces into hostilities or into such situations and states that it is intended to constitute specific statutory authorization within the meaning of [the War Powers Resolution]," or "from any treaty . . . unless such treaty is implemented by legislation specifically authorizing the introduction of United States Armed Forces into hostilities or into such situations and stating that it is intended to constitute specific statutory authorization within the meaning of [the War Powers Resolution]"?

14. Do you admit that War Powers Resolution 50 U.S.C. 1541 et.seq., is violative of the War Powers Clauses: Article I, Section 8, clauses 10, 11, 14, 15 and 16 of the U.S. Constitution?

15. Do you admit that during September, 2002, the President submitted a draft Resolution to Congress that would authorize the President to apply the armed forces of the United States of America in hostilities in Iraq and the region around Iraq?

16. Do you admit that the draft Resolution the President submitted to Congress in September, 2002, regarding the application of the armed forces of the United States against Iraq, would, if passed by Congress, represent an unconstitutional delegation by the Congress to the Executive of the War Powers reserved to Congress by Article 1, 8, clauses 10, 11, 14, 15 and 16 of the U.S. Constitution, and a significant and substantial violation of the most fundamental constitutional principle of "separation of power"?

17. Do you admit that any agreement, contract or treaty with the United Nations does not give Congress the authority to delegate control over its war declaration power to the President?

18. Do you admit that the U.S. Supreme Court has held that, "It would be manifestly contrary to the objectives of those who created the Constitution...let alone alien to our entire constitutional history and tradition to construe Article VI (The Supremacy Clause) as permitting the United States to exercise power under an international agreement without observing constitutional prohibitions. In effect, such construction would permit amendment of that document in a manner not sanctioned by Article V."? REID V. COVERT, 354 U.S. (1956)

19. Do you admit that the Congress does not stand beside the People or the Judiciary as a co-interpreter of the fundamental law, particularly when it comes to consideration of restraints on Congressional power?

20. Do you admit that that Congress and the Executive may not collude to evade any Clause of the Constitution?

21. Do you admit that the People cannot close their eyes to the Constitution and see only the acts of the President and the Congress?

22. Do you admit that said draft Resolution calls upon Congress to collude with the President in a collective decision to apply the armed forces of America against the sovereign nation of Iraq, unconstitutionally, and to deliberately choose, by their official actions, to allow for the collapse of fundamental republican principles and with it the rule of law?

23. Do you admit that said draft Resolution calls upon Congress to collude with the President in a collective decision to deny us and other citizens our unalienable right to freedom from a government that applies the armed forces of America in hostilities overseas without a declaration of war by Congress?



Respectfully submitted this ______ day of ___________________ , 200__ by:

First Name

Last Name
City State

__________________ __________________ __________________ _____________

 

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