Friday, March 31, 2017
Sunday, March 26, 2017
Late political note
Email sent today to a dozen sheriffs I spoke with in Reno.
Sheriffs,
I learned a lot at Reno and needed about a week to process it. I then sent a follow-up email to Sheriff Mascher regarding our brief conversation there. I've not heard back, so sending this to him and sheriffs I've known and/or spoke with in Reno.
Boring as it may sound, the right of the whole to formally discuss change is what makes us who we are, and unless you’re talking a different Earth and USA, a different Constitution and office of county sheriff, there is no other peaceable way out of our predicament. We are currently being denied what is essential to our survival as a free society, and the hard line, based on fact and law, is that a sheriff can detain a member of Congress until the 115th carries out its ministerial duty and issues the call. That’s the hard line, yet Representative Messer’s staff (6th District Indiana) recently said they’re attempting to revive HR 5306 for our new Congress, so perhaps a softer approach would be for sheriffs, as signatories to a proclamation, to declare they’re aware of the situation and monitoring it.
While speaking with Sheriff D’Agostini for the third time over the years, he recounted how someone from his community requested to be let out the back after being booked. He said it doesn’t matter who you are, everyone leaves out the front. In that same spirit, it doesn’t matter who you are, ignorance of law is no excuse in breaking it. Every member of the 115th Congress is currently engaged in federal criminal activity by failing the instruction of Article V.
If, as sheriff, your reluctance is because you believe a convention opens the Constitution to special interests, remember, the only thing that can change anything is the general will of the whole, and there is nothing any special interest group can propose that will appeal to seven out of ten Americans. A convention is merely the formal discussion of things Americans discuss informally every day.
Maybe you can’t hear me now, maybe an epiphany later this year, but if I return to update sheriffs next year I hope I can garner enough respect so as to not have security set upon me. Make no mistake, if put to a vote, I’d vote the hard line. Members of the 115th Congress are not above the law and history says there are consequences if no action is taken. You happen to be the latest holder of your office. The oath doesn’t come with an instruction manual. There has to be something the WSSA can do in this situation.
Sincerely, John De Herrera
I learned a lot at Reno and needed about a week to process it. I then sent a follow-up email to Sheriff Mascher regarding our brief conversation there. I've not heard back, so sending this to him and sheriffs I've known and/or spoke with in Reno.
Boring as it may sound, the right of the whole to formally discuss change is what makes us who we are, and unless you’re talking a different Earth and USA, a different Constitution and office of county sheriff, there is no other peaceable way out of our predicament. We are currently being denied what is essential to our survival as a free society, and the hard line, based on fact and law, is that a sheriff can detain a member of Congress until the 115th carries out its ministerial duty and issues the call. That’s the hard line, yet Representative Messer’s staff (6th District Indiana) recently said they’re attempting to revive HR 5306 for our new Congress, so perhaps a softer approach would be for sheriffs, as signatories to a proclamation, to declare they’re aware of the situation and monitoring it.
While speaking with Sheriff D’Agostini for the third time over the years, he recounted how someone from his community requested to be let out the back after being booked. He said it doesn’t matter who you are, everyone leaves out the front. In that same spirit, it doesn’t matter who you are, ignorance of law is no excuse in breaking it. Every member of the 115th Congress is currently engaged in federal criminal activity by failing the instruction of Article V.
If, as sheriff, your reluctance is because you believe a convention opens the Constitution to special interests, remember, the only thing that can change anything is the general will of the whole, and there is nothing any special interest group can propose that will appeal to seven out of ten Americans. A convention is merely the formal discussion of things Americans discuss informally every day.
Maybe you can’t hear me now, maybe an epiphany later this year, but if I return to update sheriffs next year I hope I can garner enough respect so as to not have security set upon me. Make no mistake, if put to a vote, I’d vote the hard line. Members of the 115th Congress are not above the law and history says there are consequences if no action is taken. You happen to be the latest holder of your office. The oath doesn’t come with an instruction manual. There has to be something the WSSA can do in this situation.
Sincerely, John De Herrera
How Congress is instructed to view the issue: http://www.foavc.org/reference/R44435_20160514.pdf
Office of the Clerk of the U.S. House of Representatives: http://clerk.house.gov/legislative/memorials.aspx
Friday, March 17, 2017
Sunday, March 12, 2017
Text for sheriffs
Text for sheriffs:
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/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 3,000+ county sheriffs throughout the United States, I too have taken the oath
to faithfully support our high law, but something rarely mentioned about the oath to protect and
defend is that it does not come with an instruction manual. Therefore the intention to protect
and defend must be based on fact, law, reason, and logic.
Congressional Records are part of the Constitution as it mandates both the Senate and House maintain records. These public records show 49 states have cast over 500 applications for a federal convention for proposing amendments and one Congress after another (currently the 115th) has simply ignored its constitutional duty to issue the call. In other words, the Congress is altering our form of government by unconstitutional means, illegally denying the people and the states the ability to formally discuss amendments to the Constitution.
Over the decades members of Congress and judges and scholars and professors have debated the validity of 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, the call is based on an objective, numeric count.
During the previous 114th Congress US House Representative Luke Messer (6th Indiana) introduced H.R. 5306 (Article V Records Transparency Act). This would have tasked the Director of the National Archives and Records Administration (NARA) with finding and enrolling all state applications as official federal documents so they could be counted by the Congress. Placed with the House Judiciary, the resolution died last year without comment from either party, and has not been re-introduced. 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. Every member of the 115th Congress not actively engaged in the pursuit of the call, in their official capacity, is engaged in federal criminal activity by failing to be so.
Therefore, in this media day and age, upon learning of Congressional Records and that the states have legally satisfied the convention clause of Article V, I detained a member, and notified them. Anticipating a certain amount of media, and thus alerting Americans to the criminal alteration by the 115th Congress, I reasoned that such would hasten completion of the task of counting/enrolling all state applications and the resultant call. In doing so I have reasoned that I have honored my oath to protect and defend the Constitution as sheriff.
Congressional Records are part of the Constitution as it mandates both the Senate and House maintain records. These public records show 49 states have cast over 500 applications for a federal convention for proposing amendments and one Congress after another (currently the 115th) has simply ignored its constitutional duty to issue the call. In other words, the Congress is altering our form of government by unconstitutional means, illegally denying the people and the states the ability to formally discuss amendments to the Constitution.
Over the decades members of Congress and judges and scholars and professors have debated the validity of 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, the call is based on an objective, numeric count.
During the previous 114th Congress US House Representative Luke Messer (6th Indiana) introduced H.R. 5306 (Article V Records Transparency Act). This would have tasked the Director of the National Archives and Records Administration (NARA) with finding and enrolling all state applications as official federal documents so they could be counted by the Congress. Placed with the House Judiciary, the resolution died last year without comment from either party, and has not been re-introduced. 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. Every member of the 115th Congress not actively engaged in the pursuit of the call, in their official capacity, is engaged in federal criminal activity by failing to be so.
Therefore, in this media day and age, upon learning of Congressional Records and that the states have legally satisfied the convention clause of Article V, I detained a member, and notified them. Anticipating a certain amount of media, and thus alerting Americans to the criminal alteration by the 115th Congress, I reasoned that such would hasten completion of the task of counting/enrolling all state applications and the resultant call. In doing so I have reasoned that I have honored my oath to protect and defend the Constitution as sheriff.
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