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

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