PIML 96051303 / Forwarded to Patriot Information Mailing List: [We need this in every state!] Date: Sat, 11 May 1996 10:26:20 -0500 From: Pat Owens Subject: CAJI! ; Sen. D. Rogers Date: Wed, 8 May 1996 23:50:35 -0700 (PDT) From: lfgmgtwheel@earthlink.net (James H. Wheeler) Subject: CAJI! California Senate Joint Resolution No. 43; Sen. D. Rogers California Senate Joint Resolution No. 43 Introduced by Sen. Don Rogers March 21, 1996 WHEREAS, "We the people" created the states, which in turn drafted the United States Constitution, the first three articles of which created the federal government as their agent responsible for exercising very specific powers on their behalf; and WHEREAS, Under the law of agency, the principle to a contract retains the ultimate authority and responsibility for its proper interpretation and implementation; and WHEREAS, The 10th Amendment to the United States Constitution says, "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"; and WHEREAS, The federal government either through bad judgment or deliberate misconstruction and usurpation of the powers delegated it by the United States Constitution, led the nation into bankruptcy by means of a fraudulently created and mathematically unsound system of "money," or debt, creation, thereby creating a national emergency; and WHEREAS, According to the United States Senate Special Committee on the Termination of the National Emergency (Report No. 93-549), the United States Constitution has been subverted by a "compendium" of several thousand provisions of law that has transferred emergency powers to the President of the United States that are beyond those delegated to him or her by the United States Constitution; and WHEREAS, The Senate committee characterized these emergency powers by saying, "This vast range of powers, taken together, confer enough power to rule the country without reference to normal constitutional processes"; and WHEREAS, The federal government used these powers to subvert the nature of each of our states that the Declaration of Independence says, "are, and of right ought to be free and independent" by committing them to take joint and separate action in pursuit of United Nations policies and edicts; and WHEREAS, The federal government admitted to the unconstitutionality of this action in PL 82-313, enacted April 14, 1952, by stating, "Whereas the existing state of war . . . and the termination thereof . . . would render certain statutory provisions inoperative", and "Whereas some of these statutory provisions are needed to insure the . . . capacity of the United States to support the United Nations . . . it is desirable to extend these needed statutory provisions"; and WHEREAS, It is self-evident, after 61 years of ruling the states under emergency powers, that the federal government has no intention of solving the emergency and returning government to within the limits prescribed by the United States Constitution; and WHEREAS, The United States Supreme Court ruled in New York v. United States, 120 L. Ed. 2d, 120, that Congress cannot simply commandeer the legislative and regulatory process of the states; now, therefore, be it Resolved, by the Senate and Assembly of the State of California, jointly, That the legislature of the State of California hereby memorializes the President and Congress of the United States to remedy these undesired, unwise and unconstitutional acts by doing all of the following within 90 days of the adoption of the language of this resolution or similar language by the legislatures of 38 states: (a) Providing this state and the nation a non-interest bearing and debt-free medium of exchange meeting the spirit and intent of paragraph 5 of Section 8 of Article I of the United States Constitution. (b) Terminating all emergency powers permitting the federal government to "rule the country without reference to normal Constitutional processes" and providing this state a plan by which all unconstitutional federal activities will be phased out no later than 120 days after the adoption of the language of this resolution or similar language by the legislatures of 38 states. (c) Outlining a plan to restore the American system of economic independence set forth by our Declaration of Independence and United States Constitution; and be it further Resolved, That if the President or Congress of the United States fails to take these actions, the Legislature of the State of California, on behalf of the people of the state, and when joined by at least 37 of its sister states, shall declare its agent, the federal government, to be in violation of its assigned responsibilities, and under the power reserved to the states by the 10th Amendment to the United States Constitution shall authorize that a meeting be held by the governors of the states adopting the language of this resolution or similar language, within 48 hours of the declaration, to do both of the following: (a) Discharge all federal elected and appointed officials whom the governors determine to have violated the United States Constitution. (b) Select, by a 2/3 vote, an interim Chief Federal Administrative Officer and cabinet from among themselves to manage the affairs of the federal government, pending the results of elections to be held within 90 days of the declaration; and be it further Resolved, That should the interim Chief Federal Administrative Officer selected by the governors, or any administrator of a federal agency, subsequently take an action found repugnant to the United States Constitution by 50 percent or more of the state legislatures adopting the language of this resolution or similar language, he or she shall be prosecuted under the applicable laws of Title 18 of the United States Code, or according to the principles adopted by the Nuremburg international tribunal, or both, by a state attorney general to be selected by a majority of the governors of the states adopting the language of this resolution or similar language, with the prosecution to be in addition to any action that might result from the convening of grand juries by citizens, county attorneys, or other state attorneys general; and be it further Resolved, That the Secretary of the Senate transmit copies of this resolution to the President and Vice President of the United States, the Speaker of the House of Representatives, to each house of each state legislature in the United States, and to each Senator and Representative from California in the Congress of the United States. {end of resolution} ************************************************ To subscribe or unsubscribe send mail to: majordomo@pobox.com with: (un)subscribe caji youremail@yourprovider.com in the body of the message. * Patriot Information Mailing List * A service to help inform those who have an active interest in * returning our federal and state governments to limited, * constitutional government * Send messages for consideration and possible posting to * butterb@sagenet.net (Bill Utterback). * To subscribe or unsubscribe, send message with subject line * "subscribe patriot" or "unsubscribe patriot" * Forwarded messages sent on this mailing list are NOT verified. * See World's Smallest Political Quiz: www.self-gov.org/quiz.html * Libertarian is to LIBERTY as librarian is to library (DePena) * PIML grants permission to copy and repost this message * in its entirety with headers and trailers left intact.