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Legal Remedies

Legal Remedies for Regaining and Retaining Liberty

 Problem - America's problem is the failure of people (especially elected officials and those in law enforcement) to recognize the importance of James 4:17 and to honor it by doing what's right.

 Related facts

 > A result of this problem was cited by thirty governors on 11/22/94 when the agreed "Federal action has exceeded the clear bounds of its jurisdiction under the Constitution and thus violated rights guaranteed the people.” This allegation is amply substantiated by clear and abundant evidence. (see http://www.thecnc.org/Call2Action.htm and http://www.thecnc.org/Documents/Unconstitutional.htm).

 > The Constitution is a compact (contract) among states and the Federal government. Un constitutional acts by the Federal government are, in law, a substantial breach of contract.

 > A “substantial breach of contract” entitles the non-breaching party to suspend its performance and seek a remedy in the form of monetary damages, reformation, specific performance, or rescission.

 > A remedy of monetary damages isn’t an option as we need lawful government, not money and the Federal government has no independent means to pay damages; only with more taxes.

 > Reformation or rewording of the contract isn’t an option as the breaching party (Federal government) wouldn’t agree to terms enhancing our ability to enforce specific performance and in no way should we the people agree to the Constitution being changed to reflect existing conditions.

 > Specific performance could be a viable option IF states would act to provide voters access to  the grand juries authorized by Art. VII of the Bill of Rights (common law Grand juries) in order to hold rogue Federal officials accountable for breaching the contract. 

> That "we the people" have a right to have the products of common law Grand juries responsibly adjudicated was made clear in the Supreme Court case of United States v. Williams, 112 S.Ct. 1735, 504 U.S. 36, 118 L.Ed.2d 352 (1992), Justice Antonin Scalia, writing for the majority, confirmed that the American grand jury is neither part of the judicial, executive nor legislative branches of government, but instead belongs to the people. It is in effect a fourth branch of government "governed" and administered to directly by and on behalf of the American people.

 > Rescission is cancellation of a contract with the contracting parties returning to their pre-contract status. i.e., states can secede and return to being “free and independent” as the Declaration of Independence declared they “are, and of right out to be.”

 Discussion - Though specific performance is the preferred remedy, rescission of the contract by states seceding should not be overlooked. To the contrary, it appears prudent states make preparations to secede as a last resort should an effort to obtain specific performance fail.

 Recommendations

  > States pass bills similar to those at http://www.thecnc.org/Documents/IDUnconstitutional.htm and http://www.thecnc.org/Documents/JuryBoxIntegrity.htm in order to formally identify significant “Federal actions” exceeding Federal jurisdiction, those responsible for the action and its perpetuation, and to provide we the people and our states the ability to assure specific performance by holding Federal officials guilty of un constitutional actions accountable under the law.

 > States prepare to secede as a last resort in order to regain and retain their citizens rights to life, liberty and an opportunity to pursue happiness.

 > Americans use the communications system on the www.ConstitutionClubUSA.com web site to create the team described at www.thecnc.org/Documents/1776.htm to realize unity on meaningful actions.
 


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Walter L. Myers

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