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Text for County Sheriffs

By       Message John De Herrera       (Page 1 of 1 pages)     Permalink

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Here is text a county sheriff can post to their website after releasing a member of Congress from custody:

Federal law regulating the oath of office by government officials is divided into four parts along with an Executive Order which further defines the law for purposes of enforcement: 5 U.S.C. 3331 provides the actual text of the oath. 5 U.S.C. 3333 requires an affidavit be signed, affirming the oath has been taken, and that the individual has not and will not violate the oath during tenure of office. The third part, 5 U.S.C. 7311, makes it a federal criminal offense for anyone in government to advocate the overthrow of our constitutional form of government. The definition of advocate is further specified in Executive Order 10450 which makes it a federal criminal offense to alter our form of government by unconstitutional means. In other words, our form of government is defined by the Constitution of the United States. It can only be altered by constitutional amendment. Any act/inaction taken/not taken by government officials which alters our form of government by unconstitutional means is a criminal violation of 5 U.S.C. 7311. As one of the 3,000+ county sheriffs throughout the United States, I too have taken the oath to faithfully support our high law--that which makes us who we are as a nation, a people, and a society at large.

Something rarely mentioned about the oath to protect and defend the Constitution is that the oath does not come with an instruction manual. Therefore the intention to protect and defend must be based on fact, law, reason, and logic. Perhaps this action will be spun by corporate media, and perhaps by our government itself, but I care more about my own oath, so I was not going to let this opportunity to protect and defend get away.

Congressional Records are part of the Constitution as it mandates both legislative bodies maintain records. These public records show 49 states have cast over 750 applications for a convention and one Congress after another (currently the 114th) has simply ignored its constitutional duty to count existing applications in order to issue the call. In other words, the Congress is altering our form of government by unconstitutional means.

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The overthrow of our form of government is not going to happen in the future, but has already happened and will exist until a convention is called, therefore every moment a member of any current Congress is not actively engaged in the pursuit of the call, in their official capacity, they are engaged in federal criminal activity by failing to act.

Over the decades members of Congress and judges and scholars and professors have debated the validity of the existing applications on record, yet there are no terms or conditions present in Article V, and no congressional legislation nor any Supreme Court ruling has ever altered that fact. The Constitution does not instruct that the states shall apply for the same subject, nor apply within a set amount of years, but that by the letter and spirit of the law, it is based on an objective, numeric count.

After multiple reports over the past three years by the Congressional Research Service, informing members of the facts, the Congress has attempted to bury the legality of the situation into politics and bureaucracy. At present, based on letters signed and dated, the National Archives and Records Administration has claimed it does not have time to search records for applications, in order for them to be officially enrolled as a federal document, in order for Congress to count them. In fact Representative Goodlatte, chair of the House Judiciary Committee, recently tasked with counting state applications, has taken to posting a few, referring to them as purported or unofficial. In other words, the Congress is failing to instruct NARA to seek, find, and officially enroll all existing state applications post haste. To do otherwise is to fail to faithfully support the Constitution, is a criminal violation of 5 U.S.C. 7311, and any sheriff can arrest any member of Congress at any time due to this current state of affairs.

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Whether the 114th Congress and the House Judiciary Committee are overthrowing our form of government by purposefully feigning ignorance, or are distracted, or are incapable of recognizing the matter for what it is, matters not.

Therefore, in this media day and age, upon learning about the Congressional Records and that the states have legally satisfied the convention clause of Article V, that no amendment or alteration to it has ever occurred, and that the current members of Congress are altering our form of government by unconstitutional means, I decided to arrest a member of Congress, in order to capture media, in order to alert Americans to this criminal violation, in the attempt to protect and defend.

 

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Writer/artist/activist from California, with a degree in Creative Studies from the University of California at Santa Barbara. Advocating for the convention clause of Article V since 2001.

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