© by Stephen Neitzke, 2006
Usurpation is the exercise of powers by an agent which have not been delegated to him by the principal. In a constitutional republic like the United States of America, acts by officials are legitimate only if they are consistent with and based on a constitution, a body of laws which are superior to all subsequent statutes and other acts of officials, which embodies all delegations of power, and which may recognize certain rights to further define the limits on the powers delegated. It is a fundamental principle that all acts of officials not derived from the delegated powers of the constitution are null and void from inception, not just from the point at which a court may find them unconstitutional.
--Constitution Society, "Abuses and Usurpations".
On 12 September 2006, After Susan had read last week's post -- "Homegrown American Fascism", 05 September -- she emailed a simple-sounding query that cuts to the heart of what has to be done.
> Stephen, I have been thinking for some time that having
> the Bush presidency declared null and void from inception
> would be the only way to right the wrongs created with
> every breath these criminals take. But feared, as you
> cite, the '10 years of litigation.' We simply don't have
> time. Is there a way to enjoin them from further activity of
> any sort, to demand answers to questions without the state
> secrets or national defense BS being trotted out, to recall
> our senators and or congressmen, etc ?
We have a tricky, nearly impossible situation here. But don't worry about the ten years of litigation. Perhaps I was moving too fast and did not explain my thinking well enough. The ten years of litigation, perhaps much more, will be what it takes to rip the Bush laws out of our legal fabric. Every statute that he has signed is an unconstitutional anti-law regime, not a law. Every time one of those monsters is used to control the outcome of a situation, a felony conspiracy violation of citizen rights and 18 USC 241 occurs. Each one of those will be open to litigation, and I'm not sure that there is a statute of limitations that covers any anti-law regime. We could have criminal prosecutions and lawsuits coming out of the woodwork for decades.
But that happens AFTER we rip the Bush-Cheney Usurpation out of our national govt. Ripping the Usurpation out will be almost impossible, but, I insist, possible. I'll be sketching the broad outlines of the near-impossibility. Don't stress. There are probable answers for everything. Well -- you can stress a little. Our success will be hard-won, if at all.
Technically, all we need to do to have the Bush-Cheney Usurpation ruled null and void is a US District Attorney -- any US District Attorney -- to call a grand jury and persuade them that a criminal violation of 18 USC 241 and Constitutional law has occurred. The persuaded grand jury issues a criminal indictment. The US District Attorney takes the indictment to "his" US District Court. The judge rules to hold a hearing or go directly to trial. A normal criminal prosecution ensues, with due process, and everyone's Constitutional rights are protected -- even the Usurper's, ethical moron, fascist constitutional criminal, felon-murderer-in-waiting, war criminal, knee-jerk liar, and abject traitor that he is.
Assume that the judge rules that a presidential usurpation occurred 20 January 2001 and that the Bush presidency is null and void from that date. Appeal process is fast-tracked -- seems reasonable that it would be -- and the case winds up in SCOTUS.
If we did not anticipate this situation, if the current rack of fascist thugs are still in charge of SCOTUS, if we haven't already impeached, removed, and criminally prosecuted the worst of the SCOTUS thugs, we're sunk. If we have impeached, removed, and criminally prosecuted the worst of them, we'll have set up a stiff deterrent to the next crop making any unconstitutional, felonious, and treasonous ruling. But we're still not out of the woods. The next crop, faced with killing the king of the class-race elite, might choose to fall on their swords anyway -- free the king to be king, and take our punishments.
So, we will ask ourselves, what sort of climate of opinion is most likely to keep a pack of predator elitist judges from sacrificing themselves for the king. It's history. We've been here before. It's guilt by association -- family, friends, alma mater, judicial institution -- and the threat of worse to come after the immediate targets are disposed of. It is the unspeakable fear of taking down all those you love because of your actions. And, mark my words, nothing short of this will crack the nut.
How do we set up such a guilt by association climate of opinion? We hit them the exact same way they hit us from their beginnings in 2001. Shotgun approach. So many things happening at once that we completely dominate their lives. So many things happening at once that they cannot keep track of everything.
Out of our regional and nationwide citizen organizations, we use the 18 CAI states (states in which citizens have the "constitutional amendment initiative" petition process) as a spearhead to continually do good, pro-democracy, pro-people, and anti-elite things. The civics lessons will flow like water.
(1) We reduce corrupt, partisan bicameral state legislatures to relatively uncorrupt, nonpartisan unicamerals on the successful 1934 Nebraska model, adding in clean-money campaign financing. Legislatures reduced by two-thirds. 1000 to 2000 unemployed predator legislators on the streets within a year, all helping to create The Fear in the other rotten-to-the-core predator politicians. Unicamerals cooperate with consensus findings of their civil societies. Reduced cost, increased efficiency (single topic bills, no omnibus confusions -- easily vetoed by the people's referendum petition process if the legislation is bad), corruption reduced to microscopic levels (there's no "conference committee" to put in the fix for the dominate predators behind closed doors).
(2) We go on a binge of rebuilding state law so that state govts cannot unconstitutionally delay, alter, and/or reject citizen-proposed law -- criminally prosecuting those state govt officials and judges who insist on using the old unconstitutional statutes against our clearn-up efforts. They've been doing that to us for over a hundred years. When the people understand what the predators have done to their honest efforts to resolve critical political problems in favor of good governance, the people will be really pissed off. That could happen, if we manage to get their thumbs out of the sucking mouths. (See thumb. Suck. Oh yeah, this is good. Let's just do this all day long.)
(3) We organize immense boycotts against a few, immense, mega-corrupt, anti-social corporations -- and we bring one after another down mercilessly. And we do not let up until we have our constitutional republic back, with new limitations Constitutionally set for corporations and the political use of wealth.
(4) We set up online wiki sites to carefully craft one, certainly no more than a few, stand-alone, first-wave Constitutional amendments that we intend to force through a cowed Congress. The first one will be for a national level, fully independent, sovereign citizen lawmaking system (I&R-R -- initiative and referendem plus recall petition system) melded into representative govt. That first, most important one will give us the power to handle tyrannies on a flow basis and to resolve critical political problems that have been escalating for all the years since WW2. (Citizen lawmaking is the only hope we have. Period. With the sole exception of Switzerland in 1891, no governing elite has ever voluntarily shared power with its civil society.) We have the basic samples of such an amendment in the constitutions of 18 states -- those that have both the constitutional amendment and statute-creating initiatives, plus the veto-referendum and the recall. Many of those state constitution provisions are heavily flawed, but we've had a hundred years worth of action with them to look into now, understand the flaws, and write up our corrections in one big, effective package.
With this most-important amendment, we capture the promise of the Declaration of Independence for "consent of the governed", which we still do not have two-plus centuries on. We write it so that ratification of national citizen-proposed law, constitutional or statute, is done by binding referendum of the people, with approving double majorities required for passage.
Double majorities are the Swiss legitimacy steamroller for national citizen lawmaking. Double majorities are, first, an approving majority of all those voting, and, second, a majority of states in which there are approving majorities of voters. The Swiss copied it from the US Congress. (It might have been the only truly good thing to ever come out of the US Congress, excepting the years of the FDR administrations.) To the Swiss of 1891, the US House represented the people, and the US Senate represented the states. Took both houses to pass a law. Eureka, said the Swiss, that's the way to pass our citizen-proposed law too.
All of this presupposes that we can grab back our electoral system from HAVA, the Diebold, ES&S, and Sequoia criminals, and all the Secretaries of State, Republifascist and Demofascist, who own the hack-o-matic vote-counting system. Another possible stand-alone, first-wave Constitutional amendment might have to be one that rips HAVA out of our legal fabric and sets Constitutional requirements for fair elections.
(5) We can run an alternative fuels project. Multi-faceted, one of its most imporatant facets will be biodiesel and hydrogen production from algae feedstock. Research by the mid-1990s had already proven that algae biodiesel can be produced in sufficient quantities to replace ALL of our national transport fuel needs -- without cutting into the land required for our food production. Our first priority should be the development of "home production" algae feedstock units and the required mini-biorefineries needed to create the biodiesel fuel for a family's cars, farm tractors, winter heating, and whatever. Small-scale, local fuel production is right there, within our grasp. We have the technology. Our dependency on petro fuels is a stupidity of the first order. Success in this project means cutting the PNAC neocons and their globalized corruption machines off at the knees.
This is the action plan that I refer to as "Unity America".
There are many other anti-elites, anti-corruption, pro-people projects we can run. The only thing in the world that we're lacking is ORGANIZATION. I'm so ashamed to be an American that I could just puke about ten times a day. What the hell have all the Americans been doing? What the hell have they been thinking? Fascist Nixon should have had this country's citizens permanently organized and hunting down every systemic problem on the political landscape. Reagan should never have happened. Bush-Cheney should never have happened. Send me a million dollars, and I'll promptly move to Canada. This place doesn't need congenital patriots and thinkers. It needs 300 million psychiatrists -- minimum. And when I vacillate on this tangent, organization to resolve critical political issues seems so unAmerican as to be impossible. OK -- concentrate. Reverse vacillation.
OK -- recap.
(A) We start with our shotgun approach beginnings to take down many anti-democracy elitist wrongs. The good news is that this can be begun by smallish organizations in the 18 spearhead states -- and, that their activities will draw more and more citizens into the ORGANIZATION. This sets up the climate of opinion that we are coming for all the rat bastards, and that any defensive moves of theirs means that we take down every thing and every one they connect with. We'll have politician buddies coming out from under every rock in the republic. Just as soon as possible, we impeach, remove, and criminally prosecute as many SCOTUS thugs as we can get to. With luck, the first rack will be the four surviving Bush v. Gore criminals. But there are many unconstitutional, felonious, and treasonous SCOTUS rulings to be prosecuted. We haul those out one at a time -- overlapping, but separate and distinct. If they slip away from one, we will have learned some lessons to make it more difficult for them to slip away from the next one. Nail SCOTUS. Bring The Fear.
(B) Every incoming president names a new rack of US District Attorneys. Every federal DA out there right now owes his job, his wingnut allegiance, and his personal loyalty to Bush-Cheney. Task One is to find one who thinks that Bush-Cheney has betrayed the conservative cause and brought the wrath of the people down on the Republican party. Our citizen ORGANIZATION and shotgun approach aggressions should easily persuade many of the conservative-not-neocon DAs that this is the case.
We might already be there without the shotgun aggressions, but finding that particular federal DA will take -- wait for it -- citizen ORGANIZATION -- clear across the country. If we don't know precisely what we're doing, precisely who we're asking to kill the king -- a tandem of US District Attorney and US District Court Judge -- we'll be buying into more trouble than we can afford. We'll need study groups in many, many districts analyzing DAs and the racks of judges from which THE judge will be picked. Those study groups will have to be comparing notes with each other at wiki and bulletin board web sites.
(C) The citizen ORGANIZATION needs to be done before or just shortly after the November elections. The Republicrat Fascists and the people had better be able to see it coming before the elections. My head hurts from all the reasons that we need the predators and the people to see that massive ORGANIZATION coming before the elections. The massive ORGANIZATION is JOB ONE.
Questions? Fire away. Send one million dollars. I'll answer from Canada.
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