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REGARDING THE FAILURE
WHEREAS, Article VI, Clause 3 of the Constitution states, “The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution….”, and WHEREAS, the Congress of the United States has duly adopted certain immigration laws that specify the obligations of the People and the rights of the Government, and WHEREAS, the President has failed his duty, as required by the Constitution, to enforce the immigration laws of the United States, and WHEREAS, on August 9, 2007, the United States Court of Appeals for the District of Columbia Circuit erred, in relying on two inapposite decisions by the Supreme Court of the United States and holding that the Government does not have to listen or respond to Petitions for Redress of Grievances from the People, and WHEREAS, on February 22, 2008, the Supreme Court of the United States committed treason to the Constitution by refusing to hear the First Amendment case, We The People v. United States (case No. 07-681), calling for a judicial declaration -- for the first time in history -- of the Rights of the People and the obligations of the Government under the “accountability clause” of the Constitution – that is, the last ten words of the First Amendment. 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 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 violates an unalienable Right) is an affront to the Creator, and WHEREAS, if our Rights come from the Creator, only the Creator can frustrate, deny or defeat those Rights -- that is, government cannot abridge what God alone has manifest and bestowed upon the People, 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 written Constitution, the People have expressly established their government and empowered it to act in only certain ways, while purposely and patently restricting and prohibiting it in other certain ways, and WHEREAS, the Constitution of the United States of America guarantees to every American citizen and to those lawfully upon our soil, the unalienable Rights to Life, Liberty, Property, Privacy and to Due Process of Law as well as other Rights, enumerated or not, and WHEREAS, the Constitution prohibits and restricts the federal Government from infringing upon those Rights, and WHEREAS, each of the Constitution’s prohibitions and restrictions on government’s authority is, in fact, another unalienable Right enjoyed by every American citizen and to those individuals lawfully upon our soil, and WHEREAS, the People of this nation are entitled, by unalienable Right, to enjoy the Sovereignty and security of the Republic they have formed via written Constitution, the protection of the lands, property and substantial interests of the People against the unlawful and uncontrolled incursion and invasion into the United States by the multitudes of other nations, as well as the protection of their other Constitutionally protected unalienable Rights, Now, therefore: WE THE PEOPLE hereby Petition the federal Government for a Redress of Grievances relating to the failure of the President to faithfully execute and substantively enforce the immigration laws of this nation, duly enacted by Congress, as required both by his Oath of Office and the Constitution of the United States. WE THE PEOPLE find ourselves, once again, in the position of having to admit that in every stage of our oppression we have Petitioned for Redress in the most humble terms, our repeated Petitions have been answered only by repeated injury, and that a Government that ignores its People is unfit to be the ruler of a free People. WE THE PEOPLE, by and through the
unalienable Right guaranteed by First and Ninth Amendments to the
Constitution of the United States of America, instruct the President
and each member of Congress to honor their oaths of office and their
constitutional obligation by responding to this Petition for Redress,
providing formal, specific answers to the questions contained herein,
no later than (40) forty days reckoning from the date of service of
this Petition for Redress. WE THE PEOPLE reaffirm the essential principle underlying our system of governance, as expressed by the Founders, that “If money is wanted by Rulers who have in any manner oppressed the People, they may retain it until their grievances are redressed, and thus peaceably procure relief, without trusting to despised petitions or disturbing the public tranquility” and “how efficacious its [the privilege of giving or withholding our money] intercession for redress of grievances and establishment of rights, and how improvident would be the surrender of so powerful a mediator. ” (Journals of the Continental Congress, 1:105-113 and Jefferson’s papers 1:225). WE THE PEOPLE instruct the President and each member of Congress to respond to this Petition by providing formal, specific answers to the following questions:
2. Admit or deny that most of the People of Mexico apparently prefer the calm seas of despotism to the boisterous sea of Liberty and are, therefore, unwilling to claim and exercise their natural Rights by confronting their Government in Mexico to enhance their Rights, Freedoms and Liberties. 3. Admit or deny that most of the People of Mexico are unwilling to non-violently claim and exercise their natural Rights by Petitioning the Government of Mexico for Redress of Grievances and unwilling to enforce their Right to secure Redress by withdrawing their financial support from the Government until their Grievances are redressed. 4. Admit or deny that approximately one million people in Mexico decide every year to flee their Country rather than fight for their Rights. 5. Admit or deny that approximately one million people in Mexico now abandon their countrymen every year, taking a path of lesser resistance by fleeing their corrupt country and entering the United States illegally. 6. Admit or deny that approximately one million people in Mexico decide every year to run from the tyrannical government of Mexico, to make a better life for themselves in America, rather than fight for their Rights by confronting the POLICE STATE with its military power. 7. Admit or deny that the Rulers of Mexico are encouraging and supporting the flight to America of one million or more of its citizens for three principal reasons: a) the border with America is a “pressure relief valve,” able to relieve the pressure of too many citizens in Mexico angry and in a fighting mood over governmental corruption and oppression in Mexico; and b) the $50 billion the refugees from Mexico in America send to their relatives in Mexico annually staves off the perennial threat of a collapse of the Peso and the corrupt economy and government of Mexico; and c) the more citizens of Mexico that occupy America as “cannon fodder,” the greater the difficulty the United States faces in deporting those Mexicans from U.S. and the greater the possibility that those Mexicans may prevail in the pending civil war in America for control of the territory of California, Texas, Arizona, Nevada, and New Mexico. 8. Admit or deny that under Article I, Section 8, Clause I of the Constitution of the United States of America, “The Congress shall have power to lay and collect taxes, duties, imposts and excises, to pay the debts and provide for the common defense and general welfare of the United States….” 9. Admit or deny that Congress lays and collects approximately 2.7 trillion dollars annually in taxes, duties, imposts and excises, which must be used to provide for the common defense and general welfare of the United States. 10. Admit or deny that of the 2.7 trillion dollars, approximately 85% comes from direct, un-apportioned taxes on labor – that is, individual income taxes and the so-called “Social Security” taxes. 11. Admit or deny that nearly all of the 2.7 trillion dollars of tax revenues is used to support the Executive branch, including but not limited to the office of the President, the Immigration and Naturalization Service, the Drug Enforcement Agency, the Internal Revenue Service, the FBI, the CIA, Homeland Security, the U.S. Marshalls, the National Guard, the Border Patrol, the Department of Health and Human Services, the Department of Justice, the Department of Defense and the Department of State. 12. Admit or deny that the Executive Branch, with tax revenues collected from every working man, woman and child in America, is required to provide for the common defense and general welfare of the United States. 13. Admit or deny that the common defense and general welfare of the United States are not served by allowing one million people who are not citizens of the United States to enter and remain in the United States every year without notice to the United States and in violation of the Immigration and Naturalization Laws of the United States. 14. Admit or deny that approximately one million people who are not citizens of the United States are entering and remaining in the United States every year without notice to the United States and in violation of the Immigration and Naturalization Laws of the United States. 15. Admit or deny that the Congress and the President of the United States are, therefore, violating Article I, Section 8, Clause I of the Constitution of the United States of America. 16. Admit or deny that under Article I, Section 8, Clause 3 of the Constitution of the United States of America, “The Congress shall have power … to regulate commerce with foreign Nations ….” 17. Admit or deny that approximately 15-20 million people, who are not citizens of the United States, have entered and currently reside in the United States without notice to the United States and in violation of the Immigration and Naturalization Laws of the United States. 18. Admit or deny that the people who have illegally entered the United States are engaged in international and interstate Commerce and are sending approximately 50 billion United States dollars out of the United States to their home countries annually, without notice to the United States and without regulation by the United States. 19. Admit or deny that the Government is violating Article I, Section 8, Clause 3 of the Constitution of the United States of America, by not regulating said commerce. 20. Admit or deny that under Article I, Section 8, Clause 4 of the Constitution of the United States of America, “The Congress shall have power to … establish a uniform rule of Naturalization ….” 21. Admit or deny that under Article I, Section 8, Clause 18 of the Constitution of the United States of America, “The Congress shall have power to …make all laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Office thereof.” 22. Admit or deny that in Chae Chan Ping v. United States, 130 U.S. 581, 603, 604 (1889), the Supreme Court ruled that the United States has the explicit power to exclude aliens from the United States and to prescribe the terms and conditions on which they come in, and that the power is absolute, being an attribute of the United States as a sovereign nation. 23. Admit or deny that the Ping Court also held, “That the government of the United States, through the action of the legislative department, can exclude aliens from its territory is a proposition which we do not think open to controversy. Jurisdiction over its own territory to that extent is an incident of every independent nation. It is a part of its independence. If it could not exclude aliens, it would be to that extent subject to the control of another power. . . . The United States, in their relation to foreign countries and their subjects or citizens, are one nation, invested with powers which belong to independent nations, the exercise of which can be invoked for the maintenance of its absolute independence and security throughout its entire territory.” 24. Admit or deny that the Congress of the United States has adopted certain laws governing immigration and naturalization, including those found at Title 8 of the United States Code. 25. Admit or deny that the primary purpose of the immigration laws is to explicitly limit the number of foreigners that can enter and remain in the United States with or without notice to the United States. 26. Admit or deny that under Article II, Section 3 of the Constitution of the United States of America, the President “…shall take care that the laws be faithfully executed….” 27. Admit or deny that the President is not enforcing the immigration laws to the best of his ability. 28. Admit or deny that the foreigners legally admitted to the United States enjoy only certain LIMITED rights and constitutional protections, unless and until they secure full citizenship via the rules and procedures prescribed by the naturalization laws of the United States. 29. Admit or deny that any person (including a group of persons, business, organization or local or stated government official) commits a federal felony when he assists an alien he should reasonably know is illegally in the United States or who lacks employment authorization, by transporting, sheltering, or assisting him to obtain employment or residency. 30. Admit or deny that any person (including a group of persons, business, organization or local or state government official) commits a federal felony when he encourages that alien to remain in the United States by referring him to an employer, by acting as employer or agent for an employer in any way or knowingly assists illegal aliens due to personal convictions. 31. Admit or deny that the President is not enforcing deportations as mandated by the Immigration and Nationality Act, Section 237(a)(1)(B) for aliens caught inside our borders, regardless of whether such aliens have entered unlawfully without inspection or whether they have breached the conditions or time limits of their entry visas. 32. Admit or deny that the President is not enforcing Title 8 USC
Section 1324(1), which provides for felony criminal penalties for
transporting any illegal alien within the United States, harboring or
providing safe haven for any illegal alien, for encouraging the residency
of any illegal alien, or for aiding and abetting any of the above crimes. 34. Admit or deny that any citizen of any country other then the United States who enters or attempts to enter the United States at any time or place other than as designated by immigration officers has committed a federal crime. 35. Admit or deny that the President is ignoring nonprofit and religious organizations which knowingly harbor illegal aliens, assist aliens in securing employment and establish residencies based on their claims that their convictions require them to assist aliens, even though such acts are by statute, federal felonies. 36. Admit or deny that any citizen of any country other then the United States who eludes examination or inspection by immigration officers or attempts to repeatedly enter or obtain entry to the United States by a willfully false or misleading representation or the willful concealment of material facts has committed a federal felony. 37. Admit or deny that the President is not enforcing Title 8 Section 1325 of the US Code which provides for felony criminal penalties for repeatedly attempting to enter the U.S. without proper authorization, and for fraudulently using marriage or business arrangements to evade U.S. immigration laws. 38. Admit or deny that although the Immigration and
Naturalization Service has statutory authority under Title 8 USC Section
1357 to interrogate, without judicial warrant, any alien or person
believed to be unlawfully within the United States, such power is not
generally exercised even where circumstances would give law enforcement
officers probable cause. 40. Admit or deny that immigration law violators are not “immigrants,” they are illegal aliens who are in the United States in violation of U.S. law. 41. Admit or deny that the bulk of immigration law enforcement takes place at border control entry points and that there is little enforcement of United States immigration law within the interior of the United States. 42. Admit or deny that those foreigners that ILLEGALLY cross into our country or remain here in violation of U.S. Immigration law, enjoy only limited Constitutionally protected rights, for to do otherwise would be to effectively bestow the full benefits of citizenship upon those who are not citizens, thereby rendering null any legal distinction between citizens and illegal aliens. 43. Admit or deny that today, due to the persistent failures of the Government to enforce the Immigration laws of this nation, there are now MILLIONS of undocumented illegal aliens residing (illegally) within the several states of the Union and the District of Columbia. 44. Admit or deny that the harm to the general welfare of the United States as a result of unchecked illegal immigration will continue to likewise, grow exponentially in the coming years.. 45. Admit or deny that the failure of the President to enforce United States Immigration laws has resulted in the stagnation and lowering of prevailing average wage rates for American workers as they have been forced to compete side-by-side with illegal immigrants and/or foreign workers holding visa privileges for employment in the United States. 46. Admit or deny that American businesses that have refused to break the law by hiring illegal aliens have been penalized harshly by the marketplace as they attempt to compete with businesses that employ large numbers of illegal aliens to perform the same work for only a fraction of the prevailing or minimum wage. 47. Admit or deny that the failure of the President to enforce U.S. Immigration laws has resulted in the closure of dozens of hospitals around the nation because they could no longer bear the financial burdens of providing virtually unlimited health care services to the unchecked and growing populations of uninsured illegal immigrants. 48. Admit or deny that the failure of the President to enforce U.S. immigration laws has resulted in Americans being denied social services and health care services that they may have otherwise been entitled to but for their having to compete with a population of illegal aliens to obtain those limited social welfare resources. 49. Admit or deny that the failure of the President to enforce U.S. Immigration laws has resulted in the overcrowding of public school classrooms in the several states to density levels where the quality of education has been substantially degraded and has been further disrupted due to the extraordinarily large number of non-English speaking students. 50. Admit or deny that the President’s failure to enforce U.S. Immigration laws has resulted in a dramatic rise in incarcerations across the nation as our judicial system and law enforcement agencies have been forced to contend with controlling significant plagues of illegal activity committed by illegal aliens including gang activity, illegal drug dealing, assaults, thefts and other felonies. 51 Admit or deny that the President’s failure to enforce U.S. Immigration laws has resulted in the fact that in 2006, approximately 33% of the 2.3 million prisoners incarcerated in U.S. prisons were not United States citizens. 52. Admit or deny that the President’s failure to enforce U.S. Immigration laws have resulted in large numbers of illegal aliens receiving welfare or other government financial subsidies. 53. Admit or deny that the U.S. Congress is currently considering legislation that would grant Social Security benefits to foreigners who worked illegally in the United States. 54. Admit or deny that the President’s failure to enforce U.S. Immigration laws has resulted in an explosion of identification thefts by illegal aliens seeking to establish, by fraud, a fake identity that will enable them to enjoy benefits available only to U.S. citizens. 55. Admit or deny that the President’s failure to enforce U.S.
Immigration laws has resulted in vast losses of jobs and economic value by
enabling illegal foreign workers, both unskilled and professional, to
replace American laborers at lower wage rates. 57. Admit or deny that the failure of the President to enforce U.S. Immigration laws has resulted in a growing loss of our cultural values and mores as still larger and larger populations of illegal immigrants settle in our lands, many bringing with them negative cultural values based on bribery, corruption, social dysfunction and dependency on the state. 58. Admit or deny that the failure of the President to enforce U.S. Immigration laws has resulted in large numbers of unqualified, uninsured illegal alien drivers on our roadways causing untold numbers of gruesome vehicle accidents and highway deaths while posing ever greater risks to our traveling citizens and their families. 59. Admit or deny that the President’s failure to enforce U.S. Immigration laws has resulted in significant risks to the integrity and viability of our system of elected representation due to the growing numbers of illegal aliens unlawfully casting votes in our public elections. 60. Admit or deny that in United States v. Santana-Garcia, 264 F.3d 1188, 1194 (citing United States v. Vasquez-Alvarez, 176 F.3d 1294, 1295), a United States Court of Appeals upheld the Right of the States to enforce federal immigration laws by stating, “state and local police officers [have] implicit authority within their respective jurisdictions ‘to investigate and make arrests for violations of federal law, including immigration laws.’" 61. Admit or deny that $11 Billion to $22
billion is spent on welfare programs for illegal aliens each year. See
http://tinyurl.com/zob77 63. Admit or deny that $2.5 Billion dollars a year is spent on Medicaid for illegal aliens. See http://www.cis.org/articles/2004/fiscalexec.html 64. Admit or deny that $12 Billion dollars a year is spent on primary and secondary school education for children residing here illegally. See http://transcripts.cnn.com/TRANSCRIPTS/0604/01/ldt.01.html 65. Admit or deny that $17 Billion dollars a
year is spent for education for the 66. Admit or deny that approximately $3 million a day is spent to incarcerate illegal aliens. See http://transcripts.cnn.com/TRANSCRIPTS/0604/01/ldt.01.html 67. Admit or deny that 30% percent of all Federal Prison inmates are illegal aliens. See http://transcripts.cnn.com/TRANSCRIPTS/0604/01/ldt.01.html 68. Admit or deny that $90 billion a year is spent on illegal aliens for welfare and social services by the American taxpayers. See http://premium.cnn.com/TRANSCRIPTS/0610/29/ldt.01.html 69. Admit or deny that $200 billion a year in
suppressed American wages is caused by illegal aliens. See
http://transcripts.cnn.com/TRANSCRIPTS/0604/01/ldt.01.html 77. Admit or deny that in 2002, HIV/AIDS was
the third leading cause of death among Hispanic men aged 35 to 44, and the
fourth leading cause of death among Hispanic women in the same age group.
See:
http://www.cdc.gov/hiv/resources/factsheets/hispanic.htm 82. Admit or deny that what is happening in the United States, particularly in the Southwest, as a result of the failure of the President of the United States to enforce existing immigration laws has gone too far and cannot be allowed to continue. 83. Admit or deny that the longer we wait, the greater the threat to our Constitutional Republic, system of governance and national sovereignty. 84. Admit or deny that Both major political parties in the United States, and the people they designate to sit in Congress to represent the citizens of the United States, are paralyzed for fear of offending the Latino vote, demonstrating their inability and unwillingness to honor and defend the Constitution. 85. Admit or deny that what is happening in the United States, particularly in the Southwest, as a result of the failure of the President of the United States to enforce existing immigration laws is a mockery of our Constitution and the rule of law. 86. Admit or deny that the invasion of millions upon millions of people, uninvited and without notice to the United States is a far greater threat to our national security, national interest and general welfare than Saddam Hussein and Iraq have ever been. 87. Admit or deny that this invasion of millions upon millions of people, uninvited and without notice to the United States is justification for a Declaration of War by the United States against Mexico, for the purpose of adding Mexico to the United States as the 51st State, complete with a state constitution to govern the government of the State of Mexico and to guarantee to the citizens of the 51st State the same unalienable Rights, Freedoms and Liberties the citizens of the 50 states now enjoy, including the Right to travel freely from state to state. 88. Admit or deny that the Founders, in the 1774 Journals of the Continental Congress, expressly articulated the following: “If money
is wanted by Rulers who have in any manner oppressed the People,
they may retain it until their
grievances are redressed,
and thus peaceably procure relief,
without trusting to despised petitions or disturbing the public
tranquility.”
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