Sam on Bob Harden Stress and CBT

Sunday, July 26, 2009

Our Privilege, Our Right & Our Duty

Our Privilege, Our Right & Our Duty

by Leo Patrick Haffey

We were blessed from our beginning as a Nation under God. Our Founding Fathers bestowed on We the People the most profound privileges in the history of mankind. In Our Declaration of Independence, Our Founding Fathers succinctly stated our basic rights: "Life, Liberty and the pursuit of Happiness."

As with all Privileges and Rights, Duty comes. In the 233 years of our existence as a Nation by the People, we have lost sight of our Duty. I am as guilty as anyone of wanting to have the privileges and rights without having to perform the duty, but all of that changed for all of us on January 20, 2009. On that infamous date, a puppet of the puppet masters, alien to Our Constitution, was inaugurated as the 44th "President" of the United States of America.

The Socialists, Communists and others alien to Our Country and Our Cause say that this "change" to our Nation is forever, but is that so? I don't think so.

To dispel that alien notion of "change," We the People need look no further than the Preamble of the Constitution of the United States, “We the people of the United States in order to form a more perfect Union… do ordain and establish this constitution for the United States of America.” Thus, “we the people,” individually, are established as one party among many to a contract binding upon the executors of this contract, our Constitution.

Who then are the executors of this contract with the people?

An executor of the Constitutional Contract is anyone and everyone who takes Oath to be bound by our Constitution becomes a party to this agreement.

Foremost among the parties counterbalanced upon this executory contract is the President of the United States, the Chief Executive or Executor of the Constitutional Contract.

When is the President bound to this contract, our Constitution, immediately, upon the taking of the Oath? In the instant case, Barack Hussein Obama became bound to our Constitutional Contract on January 20, 2009.

As succinctly stated by Chief Justice Marshall in the landmark case of Marbury v. Madison, “If a persons duty is backed by law and not by political in nature, then he becomes subject of the law and is examinable by the court.” Thus, Barack Hussein Obama having bound himself contractually by law to our Constitutional Contract is subject to the jurisdiction of the law.

Furthermore from Marbury, “Specific duty is assigned by law and individual rights depend upon the performance of that duty, it seems equally clear, that the individual who considers himself injured, has the right to resort to the laws of his country for a remedy. The question whether a right has vested or not, in its nature, judicial and must be tried by the judicial authority.” This means that anyone that can show that they were injured by BO’s actions has a right to sue him for said injury.

Most of the eligibility cases have focused on the “individual injured” theory which is an inherently weak legal argument in terms of present day law and a case involving the President of the United States, particularly in terms of getting standing.

Consequently, most of the cases previously filed have been dismissed for lack of standing. Simply stated, the lawyers did not include Plaintiffs who had a present contractual right or detriment recognized by law; or, the lawyers did not include Defendants who owed a present duty to the Plaintiffs or had somehow injured the Plaintiffs.

As you might have concluded, a Marbury argument overcomes the standing problem in that, all citizens got standing by the contractual commitment that Barrack Hussein Obama made to us all on January 20, 2009.

When the right case with the right Plaintiffs (with standing) and the right Defendants (with a duty owed to Plaintiffs) is brought in a Court with jurisdiction, then the case will be heard.

In SCOTUS, I dare say there is already a majority theoretically inclined to rule for the proper Plaintiffs. It is, after all, the Constitution which the Supremes are all sworn to uphold. Moreover, the Supreme Court Justices are all “just” citizens of this Great Nation, and it is arguable the BO is not even a citizen and it is certain that BO is not Natural Born in the USA.


Now, you might think that this lawyer's restatement of the words of Our Founding Father's are high minded, but what can I as a single Citizen do to help take my Country back from those who aim to destroy it.

This is what We the People can do:

As provided by Our Founding Fathers in Our Bill of Rights, the first 10 Amendments to Our Constitution, Patriots can form Grand Juries to exercise self governance and take Our Country back from those who aim to destroy it.

In the First Amendment, we the People are given the unalienable right "peaceably to assemble and to petition the Government for a redress of grievances."

In the Ninth Amendment, it is unequivocally stated that, "The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

In the Tenth Amendment, it is clearly stated, "The powers not delegated to the United States by the Constitution...are reserved...to the people.

What does that mean in the context of the power of Citizen Grand Jurors?

Simply stated it means that Citizens can form Grand Juries with or without the consent of any branch of the Judiciary, Federal or State. Furthermore, it means that any and all Federal or State Rules or Laws of Criminal Procedure are unconstitutional to the extent that they limit the formation of Citizen Grand Juries to prior or post approval by any Branch of the Judiciary, Federal or State.

It gets better for the Power of the People over Our Judiciary in the Eleventh Amendment, "The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizen of another State..."

In reading the Eleventh Amendment as it pertains to Citizens Grand Juries, one must remember the legal context under which it was written. At the time of the ratification of the Eleventh Amendment, most Criminal prosecutions were commenced by Citizens utilizing the services of private Citizen Attorneys. You see, Our Founding Fathers never intended for us to be subjugated and controlled by district attorneys and judges. Quite the contrary, Our Founding Fathers intended for We the People to have control over Our Judiciary by action of the Fourth Branch of Government, the Citizens Grand Jury.

Seen in its true, original context, the Eleventh Amendment clearly states that Citizens can form Federal or State Grand Juries without interference by the Federal Government.

Furthermore, the Citizen Grand Juries can subpoena any and all of Barack Hussein Obama's personal records held in any State or Federal Government Office or Department and said Office or Department is compelled by the Supreme Law of the Land, Our Constitution, to produce said records for said Grand Juries.

Perhaps all of the foregoing is still too esoteric and abstract for some, then just follow these simple instructions:

1) Advertise and Promote the Fact that you are forming a Grand Jury in Blogs, Local Newspapers and Community Organizations.
2) Form the Grand Jury and select a Foreman.
3) Select a Private Attorney General to make Presentments to Grand Jury, if local DA refuses to make presentments.
4) Select a convenient Meeting Place.
5) Communicate with all Citizens who have criminal information to present.
6) Schedule presentments by said Citizens.
7) Subpoena documents from Government Offices and Officials.
8) Schedule presentment of said Documents to Grand Jury by Grand Jury Attorney General.
9. Have Grand Jury Attorney General present said Documents to Grand Jury.
10) After investigation and deliberation is completed, vote and issue a True Bill (Indictment) or No True Bill.
11 Announce all Indictments to the Press.
12) Serve the Indictment on the Judiciary for the Issuance of Arrest Warrants.


Remember Patriots, the case against Barack Hussein Obama will be over in Discovery, therefore, let us commence with Our Discovery of the Truth regarding the suspect commonly known to us Citizens as Barack Hussein Obama of unknown Citizenship, Allegiance and Alliances.

For those for whom this simple article has not been erudite, esoteric or abstract enough please read:

Aristotle the Hun's Definitive Documentation of the High Crimes of Barack H. Obama

http://thesteadydrip.blogspot.com/2009/04/aka-obama-fans-all-together-now-say-omg.htm

Right Side of Life Article on Fourth Branch of Government, the Grand Jury

http://www.therightsideoflife.com/?p=3025

Steven Winter’s Landmark Essay on Standing

http://www.constitution.org/duepr/standing/winter_standing.htm

Essays on Chief Justice Marshall

http://www.history1700s.com/page1760.shtml

and

Leo Donofrio's Essay on the Fourth Branch of Government, the Citizens Grand Jury

Somethings coming - Something big! Obama's going down!

Leo Patrick Haffey is a lawyer in Nashville, Tennessee who has worked in the music, motion picture and television industries as a producer. Mr. Haffey has done extensive legal research on the Constitutional qualifications for the Presidency of the United States of America.

1 comment:

Leo the Lawyer said...

Aristotle,

One of life's greatest blessings for me is to know Aristotle and his lovely and brilliant Wife.

Thanks for your everlasting Faith,

LPH