Local Elected Officials

Constitutionalists' Networking Center

Take America Back !!

Support the "cause" to Reclaim America
Buy the Book

Open Letter to: Local (Non-Federal) Elected Officials

In a 10/27/07 speech, Salt Lake City, Utah mayor Ross Anderson provided many reasons for Americans to join him in saying: WE WON’T TAKE IT ANYMORE! (see www.slcgov.com ) Throughout America’s history, there’s never been a greater need for local elected officials (state governors and below) who are mentally awake and morally straight to recognize their fiduciary responsibility and to exercise their lawful authority. It is our States who created the Federal government through the Constitution and who hold the ultimate responsibility and authority for assuring Constitutional compliance and for Taking America Back to its lawful foundation and traditional values. It is urgent and essential they do so.

Mr. T. David Horton, one of America’s foremost Constitutional Attorneys wrote in 1972: “Whether they know it or not, the states are, in law, the principals (to the Constitution); and it is through the state legislature that the state speaks in its highest sovereign capacity. Therefore, the state legislatures have a responsibility which they are not discharging, and if Federal agents come along to enforce some ruling that the legislators don’t like, it is not the act of the Federal agent which is changing the Constitution, it is the inaction of the state. It is the state’s act, or failure to respond to this challenge, that is causing the degradation of our Constitutional system….. It is through our state legislature alone that the state may act in its highest sovereign capacity in dealing with usurpation….. It is going to be state action that restores our Constitution, if it is ever to be restored.”

Legislators from several states are networking to stop the illegal invasion of America. Clearly, the Federal governments failure to “protect each of them (our states) against invasion” as required by Art. IV, Sec. 4 of the Constitution is but another symptom of a more serious problem; it being that "Federal action has exceeded the clear bounds of its jurisdiction under the Constitution and thus violated rights guaranteed the people” as alleged by 30 Republican governors on 11/22/94. A few of these “federal actions” are cited in attachment 1.

Unfortunately, a symptom of a problem can’t be permanently solved; only the problem. I suggest local officials look beyond the immigration issue, adopt a set of core beliefs such as those cited in attachment 2 and coalesce with one another in pursuit of the governors pledge “to restore to the states and the people the prerogatives and freedoms guaranteed them under the Constitution.” They can work together through existing organizations such as the League of Cities and Municipalities, the American Legislative Exchange Council etc., by forming a group that might be called “Local Officials Coalition Acting Responsibly” (LOCAR), or in other ways. The “how” isn’t important, only the fulfillment of the mission and functions cited in attachment 3. By judiciously using your access to the media and your authority, you can assure realization of the governors pledge. I pray you will do so.

Sincerely and in Constitutional government;

4 attachments:	1. Issues needing action
	2. Core beliefs
	3. Mission and functions
	4. Possible strategies

Walter L Myers

Attachment 1
AMPLE ISSUES NEEDING STATE ATTENTION and ACTION

On 11/22/94, thirty Republican governors unanimously agreed Federal action has exceeded the clear bounds of its jurisdiction under the Constitution and thus violated rights guaranteed the people. As the principals to our Constitution, our states have the responsibility and authority for its proper interpretation and implementation. By acting in their highest sovereign capacity to deal with Federal usurpation, our state legislatures can, and due to their fiduciary responsibility and in the interest of national security should, assure the governors pledge “to restore to the States and the people the prerogatives and freedoms guaranteed them under the Constitution" becomes a reality. This demands state action on many issues. Examples follow.

1. Assuring ballot box integrity is essential. Computerized voting must be abandoned and an audit trail established.

2. The “Federal actions” alluded to in the Republican governors allegation should be formally and accurately identified and those responsible for the actions brought to justice under existing laws.

3. States should require major news outlets to present all sides of issues to assure voters are well informed of important truths affecting their lives.

4. America’s sovereignty must be re-established. This demands that formation of the North American Union be prevented, several treaties be nullified, and U.S. membership in the United Nations be terminated for on 2-1-92, President George Herbert Walker Bush essentially announced the New World Order (NWO) was a reality by saying: “it is the sacred principles enshrined in the United Nations Charter to which we will henceforth pledge our allegiance.“ Also, in Senate testimony on May 11, 1955, former American Bar President Carl Rix said: “Congress is no longer bound by its Constitutional system of delegated power…Congress may now legislate as an uninhibited body with no shackles of delegated powers under the Constitution. Our entire system of government of delegated powers of Congress has been changed to a system of undelegated power without amendment {of the Constitution} by the people of the United States.”.”

5. America’s National security demands a National Economic Recovery Program be planned and implemented! Not only is America morally, institutionally, and philosophically broke, it is financially broke! Public and private debts exceed $47 trillion with another $45 trillion in unfunded obligations. The total money supply with which to pay these debts is about $6.1 trillion. The balance must come from more borrowing. When the world’s central bankers and other nations stop lending to America, social security, Medicare, retirement programs, etc will cease. It’s urgent and essential our existing unconstitutional monetary policy based upon monetization of debt be replaced with one monetizing wealth, that unconstitutionally created debts be expunged, that the concentrated wealth resulting from past unconstitutional acts be a redistributed, and that the de-capitalization of America resulting from our balance of trade deficit and the maintenance of a “world wide police force to enforce the ‘edicts‘ of the New World Order” for the benefit of the financial/industrial cartel controlling America be stopped. The American System of Economic Independence based upon fair trade rather than free trade must be resurrected!

6. The 14^th Amendment must be amended. In the words of Senator Charles Summer, this amendment created a new class of citizen who is “a child of the state.” It’s the harbinger of the welfare state whose interpretation provides the basis for Federal intervention into every aspect of our lives. It also requires that our unconstitutionally created debts never be questioned. Noted columnist James J. Kilpatrick wrote “the people who say the fourteenth amendment was never validly ratified are exactly right.”

7. The Emergency Banking Act of 1933 is a result the Federal Reserve Act of 1913. The FED demanded the interest on the “money” (debt) it created from thin air and loaned to government be paid in specie. Unable to do so by 1933, the U.S. was declared officially bankrupt. Hence, this Act. Through it, Congress essentially became a trustee in bankruptcy operating on behalf of the central bankers. The debt resulting from this unconstitutional act must be eliminated and America’s operation under “emergency powers” terminated for according to an August 30, 1973, United Press International (UPI) news release: “A special Senate subcommittee, after a painstaking computer search of the statue books, concluded the United States since 1933 has been operating under emergency rule, conferring near authoritarian powers on its presidents.” Additionally, a Senate Committee on the termination of the National Emergency reportedly “discovered 470 major provisions of Federal law giving presidents an enormous----seemingly expanding and never-ending---range of emergency powers.” The committee said: “This vast range of powers, taken together, confer enough authority to rule the country without reference to normal constitutional processes… For 40 years (now over 80 years) freedoms and governmental procedures guaranteed by the Constitution have, in varying degrees, been abridged by laws brought into force by states of emergency.”

An amendment to the Emergency Banking Act of 1933 applied the Emergency War Powers of the Trading with the Enemy Act of 1917 to U.S. citizens. This made Americans the official enemies of, and at war with, the Federal government. It must be rescinded. Some people maintain that the welfare state came into being through this act and the Geneva Convention. Since Americans are POWs, the Federal government is responsible to make sure we are adequately fed, clothed and sheltered.

8. Laws resulting from Treaties must expunged. This position is consistent with the U.S. Supreme Court decisions in Foster v. Neilson wherein the Court said: “A treaty cannot change the Constitution or be held valid if it be in violation of that document” and in Reid v. Covert wherein the Court said: “It would be manifestly contrary to the objectives of those who created the Constitution, let alone alien to our constitutional history and tradition to construe Article 6 as permitting the United States to exercise power under an international agreement without observing Constitutional prohibitions.”

9. Laws made by Executive Orders, signing statements, and proclamations must be rescinded. Art.1 Sec. 1 of the Constitution makes it clear that all legislative powers are vested in the Congress. Presidents have created laws by simply placing them in the “Federal Register.” If not challenged by Congress within 30 days, the Presidents submission becomes law. Following are examples of major governing changes by Executive Orders.

a. Regional or “Metro” Government - President Nixon, via EO 11647, divided the U.S. into 10 Federal Regions and created governing “councils” composed of non-elected officials to exercise governing powers. The Federal Regional Councils are part of Regional or Metropolitan Government or simply "Metro." Metro is the governing of an area or region by a group of "experts" ‑ planners who are usually appointed and vested with great powers and who are not directly accountable to the people. It usurps the authority of cities, counties and states.

b. EO 13107 issued by President Clinton became law on 1-10-99. It’s another act designed to undermine our Constitution, usurp our inalienable rights, and destroy the concept of government of, by and for the people. Extracts from it follow. The underlining is by the writer for emphasis.

"Sec. 4. Interagency Working Group on Human Rights Treaties.
(a) There is hereby established an Interagency Working Group on Human Rights Treaties for the purpose of providing guidance, oversight, and coordination with respect to questions concerning the adherence to and implementation of human rights obligations and related matters........

(c) The principal functions of the Interagency Working Group shall include:
            (i) coordinating the interagency review of any significant issues concerning the implementation of this order and analysis and recommendations in connection with pursuing the ratification of human rights treaties, as such questions may from time to time arise;
            (iv) developing effective mechanisms to ensure that legislation proposed by the Administration is reviewed for conformity with international human rights obligations and that these obligations are taken into account in reviewing legislation under consideration by the Congress as well;
            (v) developing....mechanisms for....monitoring of the actions by the various States, Commonwealths, and territories of the United States and, where appropriate, of Native Americans and Federally recognized Indian tribes, including the review of State, Commonwealth, and territorial laws for their conformity with relevant treaties...."

It's self evident that the "monitoring" of all "actions" and "laws" “to insure conformity with relevant treaties" is an acceptance of treaties as being superior to our Constitution. This amounts to the formal installation of Global governance over America! This EO must be expunged.

10. The Federal governments failure to halt the invasion of America by illegal immigrants has dire consequences for the health, safety, national security and economic well being of Americans. This failure to strictly enforce immigration laws is in support of Article 3 of UN Resolution 2312. It reads: “No person shall be subject to measures such as rejection at the frontier [border]….” It must be stopped and the U.S. must get out of the U.N.

11. On October 17, 2006, President Bush signed two tyrannical acts; the 'Military Commissions Act of 2006' which suspended habeas corpus allowing the president to declare any American an 'enemy combatant’ and end their rights to seek legal or judicial relief from unlawful imprisonment. The second such act was his signing into law the 'John Warner National Defense Authorization Act (NDAA) of 2007.' This law essentially eliminates the protections of the Posse Comitatus Act and re-wrote the Insurrection Act. The NDAA permits the president to declare a 'public emergency' and take control of state-based National Guard units without the consent of the governor or local authorities in order to 'suppress public disorder'! These laws must be expunged or rescinded.

CONCLUSION: Since “It is through our state legislatures alone that the state may act in its highest sovereign capacity in dealing with usurpation….”and the fact that “It is going to be state action that restores our Constitution, if it is ever to be restored,” the need for state action on these examples and many other issues make our state legislators choices clear. They can continue to live in denial of the overwhelming evidence staring at them and forever commit their, and our, posterity to living in bondage or exercise their lawful authority and responsibly act to redirect America’s course back toward its lawful foundation of a government operating within the limits prescribed by the Constitution when interpreted in the spirit and intent of its authors.

Attachment 2
CORE BELIEFS

It is highly recommend any individual or group wanting to help restore lawful government begin by identifying a set of core beliefs upon which to base their decisions and actions. The set should leave no doubt about what the individual or group stands for and will defend at all costs. Additionally, a set of clearly stated beliefs will help preclude unwarranted attacks upon those involved or their effort. The following are offered for consideration.

1. The Declaration of Independence is our Nation's birth certificate and our Constitution’s cornerstone. For lawful government to exist, there must be strict compliance with the principles and policies set forth in these documents and the Bill of Rights when they are interpreted in the spirit and intent of America’s founders.

2. Through the Constitution, the States created the federal government as their AGENT. As the principals to the Constitution and under the Law of Agency, our States possess the ultimate authority and responsibility for the proper interpretation and implementation of the Constitution.

3. In consideration of the power granted to the Federal government by the States, each State is guaranteed a Republican form of government by Art. IV, Sec. 4 of the Constitution.

4. Treaties, being the purview of the President with the advice and consent of the Senate, cannot lawfully create new or modify existing law as Art. 1 Sec.1 of our Constitution vested all legislative powers in the Congress which includes the House of Representatives. Since the House of Representatives has no authority over Treaties, any pretense to use Treaties to create or modify our laws is an unlawful act.

5. The Constitution's 10th Amendment stating "the powers not delegated to the United States by the Constitution .... are reserved to the States respectively, or to the people" provides incontestable evidence that the only lawful powers of the Federal Government are those specifically enumerated in the Constitution.

6. No elected or appointed official has - nor has had - any lawful authority to alter the intent of our Nation’s founding fathers as set forth in the policies, procedures, and principles found in America’s Declaration of Independence, Constitution and Bill of Rights. To be lawful, every Executive Order, Supreme Court decision, Presidential Decision Directive, Constitutional Amendment, Proclamation, or other writing must be in the interest of advancing the cause of life, liberty, and the happiness of the American people.

7. The U. S. Supreme Court was correct in saying:

a. "This Court has regularly and uniformly recognized the supremacy of the Constitution over a treaty" and “ it would be manifestly contrary to the objectives of those who created the Constitution, let alone alien to our Constitutional history and tradition to construe Article 6 as permitting the United States to exercise power under an international agreement without observing Constitutional prohibitions.” (Reid vs Covert)

b. "a law repugnant to the Constitution is void." (Marbury vs Madison)

c. "Where rights secured by the Constitution are involved, there can be no rule making or legislation which would abrogate them." (Miranda vs Arizona)

d. “whatever the outer limits of the (states) Sovereignty may be, one thing is clear; the Federal Government may not compel the States to enact or administer a Federal regulatory program….Where Congress exceeds its authority relative to the States, departure from the constitutional plan cannot be ratified by ‘consent’ of State officials.” New York vs. United States112 S. Ct 2408 (1992)

Attachment 3
PROPOSED MISSION & FUNCTIONS

The mission of local elected officials choosing to honor their oath of office and to work with others in doing so is to develop and oversee the implementation of a plan designed to enhance their ability “to restore to the States and the people the prerogatives and freedoms guaranteed them under the Constitution" a worthy goal which thirty Republican governors pledged to do in their Williamsburg Resolve on 11/22/1994.

The functions of the group should include:

Inspiring other mentally awake and morally straight elected officials to help implement the plan through existing organizations to which they belong.

Identifying issues requiring action at the city, county and/or state level and the objective related to the issue, forming a team to pursue the objective, and monitoring the development and execution of a plan to realize it.

Being an information clearing house to keep all participants informed of ongoing actions, the need for them to act, the specific action expected of them, and being a synchronizer to assure timeliness on needed actions.

Exploiting their access to the media to inform the general public of their actions and the need for public participation as appropriate.

Attachment 4
POSSIBLE STRATEGIES

Group strategies could include:

Improved education of the general public and law enforcement personnel through state action requiring media outlets, and especially public information stations, to fully inform people on important issues and group initiatives; a requirement that a civics course, to include the coverage of the unconstitutional “Federal actions” alluded to by the Republican governors and certified by the group, be a prerequisite for high school graduation; group members sponsoring and participating in educational seminars within their district and/or state; additional training of military and civilian law enforcement personnel employed by states, counties, and cities; and the establishment of a web site.

Enforcement of existing laws - There are laws designed to protect our Constitution and the rights of Americans from actions such as those underlying the Republican governors allegation. Those who promoted and enacted the unconstitutional “Federal action” alluded to by the governors and who have knowingly perpetuated the actions are guilty of crimes and must be brought to justice.

Exercising the doctrines of interposition and nullification - America’s history is rich in the application of these doctrines in combating federal acts exceeding its lawfully constituted authority.

Legal action - Though the history of our courts is one of aiding and abetting those seeking an New World Order, there is an outside chance some legal action might receive a favorable decision if initiated by a state and if it is supported by a well informed public.

Legislative initiatives - Many legislative acts could be taken to counter unconstitutional federal actions. Perhaps the most important of them would be for states to create a non interest bearing medium of exchange. Two draft bills for doing so have been prepared; one by Mr. T. David Horton for consideration by the Nevada legislature and one by Mr. Byron Dale for consideration by the Minnesota legislature. The latter would provide for the funding of State, County, Township, and City roads, bridges, and transit system infrastructure projects with debt free money to be created by State chartered banks. Such legislation has been introduced in the Minnesota legislature as H.F. No. 619 and S.F. No. 500. These can be found by going to www.leg.state.mn.us/leg and then to search house bill and then enter HF 619.

Modify and/or rescind some existing Constitutional amendments - Every amendment beyond the 10^th should be carefully studied to determine if it supports the concept of government of, by and for the people and their right to enjoy life, liberty and an opportunity to pursue happiness. Many fail to meet this test.

Recall & impeachment initiatives directed at state and federal officials who are unwilling or incapable of upholding their fiduciary responsibility and honoring their oath of office are needed.

Secession from the union - Though this should be considered as a last resort, it is an option that should be used if no other way is found to tame the tyrants that have made slaves of Americans and are holding them in bondage.