Saturday, October 24, 2020

For the purpose of Education and Governance

 For the purpose of Education and Governance[i]

 More at Integrity Training

https://theultimateweapons.blogspot.com/2018/12/as-juror-presented-with-this-evidence.html

 

Consistent with the 1776 unanimous Declaration and the Constitutions for the independent States and Commonwealths that agreed to the PERPETUALITY of the 1778 Articles of Confederation, and the contemporaneous exposition of the PREAMBLE to the 1787 “Constitution for the United States of America”, a Special Election of Delegates with unambiguous Ballot Measures may be presented to “the people” in each of the current States to alter, reform and/or abolish the ambiguities[ii] found within the 1787 Constitution. 


In Pennsylvania, for instance, the people’s authority would be pursuant to Article I § 2.

§ 2.  Political powers.

All power is inherent in the people, and all free governments are founded on their authority and instituted for their peace, safety and happiness. For the advancement of these ends they have at all times an inalienable and indefeasible right to alter, reform or abolish their government in such manner as they may think proper.

 

In Massachusetts, the people’s authority is pursuant to their Constitution’s PREAMBLE.

The end of the institution, maintenance, and administration of government, is to secure the existence of the body politic, to protect it, and to furnish the individuals who compose it with the power of enjoying in safety and tranquility their natural rights, and the blessings of life: and whenever these great objects are not obtained, the people have a right to alter the government, and to take measures necessary for their safety, prosperity and happiness. 

 
Why is this important?

CONUSANCE, CLAIM OF, English law. This is defined to be an intervention by a third person, demanding judicature in the cause against the plaintiff, who has chosen to commence his action out of claimant's court. 2 Wilson's R. 409.


     2. It is a question of jurisdiction between the two courts Fortesc. R. 157; 5 Vin. Abr. 588; and not between the plaintiff and defendant, as in the case of plea to the jurisdiction, and therefore it must be demanded by the party entitled to conusance, or by his representative, and not by the defendant or his attorney. Id. ibid. A plea to the jurisdiction must be pleaded in person, but a claim of conusance may be made by attorney. 1 Chit. Pl. 403.

 
     3. There are three sorts of conusance. 1. Tentere placita, which does not oust another court of its jurisdiction, but only creates a concurrent one. 2. Cognitio placitorum, when the plea is commenced in one court, of which conusance belongs to another. 3. A conusance of exclusive jurisdiction; as that no other court shall hold pica, &c. Hard. 509 Bac. Ab. Courts, D.

A Law Dictionary, Adapted to the Constitution and Laws of the United States. By John Bouvier. Published 1856.
 

Based on the above referenced facts, recommended Ballot Measures follow.

1.         For the proper education of our posterity, shall a comma be inserted after the word “We” in the PREAMBLE to the 1787 “Constitution for the United States of America” to assure to “the people” that the inalienable and indefeasible Rights which were secured to them in their State or Commonwealth’s Constitution would consistently “insure” to them “domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our posterity?

 

A "yes" vote supports changes to the PREAMBLE of the 1787 “Constitution for the United States of America” which would read as follows.

 

We, the people of the united states, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our posterity, do ordain and establish this Constitution for the united states of America.

 

A "no" vote supports no changes to the PREAMBLE of the 1787 “Constitution for the United States of America” which, using the meaning of the words of that era, today would read.

 

We The People of the United Nobility, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our posterity (Esquires), do ordain and establish this Constitution for the United States of America.

 

2.         Shall the 1787 “Constitution for the United States of America” be ratified by “the people”?

 

A "yes" vote supports the ratification of the 1787 “Constitution for the United States of America” to include “the people” in their natural state of being.

 

A "no" vote opposes the ratification of the 1787 “Constitution for the United States of America” and acceptance of rule by the Nobility, their Persons, and their Esquires.

 

3.         Shall Amendments to the 1791 “Constitution for the United States of America”, eleven (11) to twenty-seven (27) be nullified?

 

A "yes" vote supports the nullification of Amendments eleven (11) to twenty-seven (27) to the 1791 “Constitution for the United States (Nobility) of America”.

 

A "no" vote opposes the nullification of Amendments eleven (11) to twenty-seven (27) to the 1791 “Constitution for the United States (Nobility) of America”.

 

+ + + + + + + + + + + + +

 

A “yes” vote to the three (3) Ballot Measures supports the following changes to the 1787 U.S. Constitution.  Clauses are to the left of the text under each of the Articles and Sections cited.  Words and letters in red note subtle changes to the words penned in 1787.  Embolden strikethrough italics will be deleted from the Articles in which they are shown.

Article I § 2,  

3 - Representatives and direct Taxes shall be apportioned among the several states which may be included within this union, according to their respective Numbers, which shall be determined by adding to the whole Number of free Persons, including those bound to Service for a Term of Years, and excluding Indians not taxed, three fifths of all other Persons. The actual Enumeration shall be made within three Years after the first Meeting of the Congress of the united states, and within every subsequent Term of ten Years, in such Manner as they shall by Law direct. The Number of Representatives shall not exceed one for every thirty Thousand, but each State/Commonwealth shall have at Least one Representative; and until such enumeration shall be made, the State of New Hampshire shall be entitled to chuse three, Massachusetts eight, Rhode-Island and Providence Plantations one, Connecticut five, New-York six, New Jersey four, Pennsylvania eight, Delaware one, Maryland six, Virginia ten, North Carolina five, South Carolina five, and Georgia three.

Article I § 3,

3 - No Person shall be a Senator who shall not have attained to the Age of thirty Years, and been nine Years a Citizen of the united states, and who shall not, when elected, be an Inhabitant of that State/Commonwealth for which he shall be chosen.

Article I § 4.

1 - The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State/Commonwealth by the Legislature thereof; but the Congress may at any time by Law make or alter such Regulations, except as to the Places of chusing Senators.

Article I § 5, Clause 4.

4 - Neither House, during the Session of Congress, shall, without the Consent of the other, adjourn for more than three days, nor to any other Place than that in which the two Houses shall be sitting.

Article I § 8

1 - The congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the united states; but all Duties, Imposts and Excises shall be uniform throughout the United States;

3 - To regulate Commerce with foreign Nations, and among the several states, and with the Indian Tribes;

4 - To establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the united states;

5 - To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures;

17 - To exercise exclusive Legislation in all Cases whatsoever, over such Districts (not exceeding ten Miles square) as may, by Cession of particular States/Commonwealths, and the Acceptance of Congress, become the Seat of the Government of the United Nobility, and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State/Commonwealth in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings;—And

18 - To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the united states, or in any Department or Officer thereof.

Article I § 9

1 - The Migration or Importation of such Persons as any of the states now existing shall think proper to admit, shall not be prohibited by the congress prior to the Year two thousand twenty-one, but a Tax or duty may be imposed on such Importation, not exceeding ten dollars for each Person.

8 - No Title of Nobility shall be granted by the united states: And no Person holding any Office of Profit or Trust under them, shall, without the Consent of the Congress, accept of any present, Emolument, Office, or Title, of any kind whatever, from any King, Prince, or foreign State.

Article I § 10

2 - No State/Commonwealth shall, without the Consent of the Congress, lay any Imposts or Duties on Imports or Exports, except what may be absolutely necessary for executing it's inspection Laws: and the net Produce of all Duties and Imposts, laid by any State/Commonwealth on Imports or Exports, shall be for the Use of the Treasury of the united states; and all such Laws shall be subject to the Revision and Controul of the Congress.

3 - No State/Commonwealth shall, without the Consent of Congress, lay any Duty of Tonnage, keep Troops, or Ships of War in time of Peace, enter into any Agreement or Compact with another State/Commonwealth, or with a foreign Power, or engage in War, unless actually invaded, or in such imminent Danger as will not admit of delay.

Article II § 1

3 - The Electors shall meet in their respective States/Commonwealth, and vote by Ballot for two persons, of whom one at least shall not be an Inhabitant of the same State with themselves. And they shall make a List of all the persons voted for, and of the Number of Votes for each; which List they shall sign and certify, and transmit sealed to the Seat of the Government of the united states, directed to the President of the Senate. The President of the Senate shall, in the Presence of the Senate and House of Representatives, open all the Certificates, and the Votes shall then be counted. The Person having the greatest Number of Votes shall be the President, if such Number be a Majority of the whole Number of Electors appointed; and if there be more than one who have such Majority, and have an equal Number of Votes, then the House of Representatives shall immediately chuse by Ballot one of them for President; and if no Person have a Majority, then from the five highest on the List the said House shall in like Manner chuse the President. But in chusing the President, the Votes shall be taken by States/Commonwealth, the Representation from each State/Commonwealth having one Vote; A quorum for this Purpose shall consist of a Member or Members from two thirds of the states, and a Majority of all the states shall be necessary to a Choice. In every Case, after the Choice of the President, the Person having the greatest Number of Votes of the Electors shall be the Vice President. But if there should remain two or more who have equal Votes, the Senate shall chuse from them by Ballot the Vice President.

5 - No Person except a natural born Citizen, or a Citizen of the united states, at the time of the Adoption of this Constitution, shall be eligible to the Office of President; neither shall any natural born person be eligible to that Office who shall not have attained to the Age of thirty five Years, and been fourteen Years a Resident within the united states.

Article II § 2

2 - He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the united states, whose Appointments are not herein otherwise provided for, and which shall be established by Law Rules: but the congress may by Law Rules vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments.

Article III § 2

1 - The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the united states, and Treaties made, or which shall be made, under their Authority;—to all Cases affecting Ambassadors, other public Ministers and Consuls;—to all Cases of admiralty and maritime Jurisdiction;—to Controversies to which the united states shall be a Party;—to Controversies between two or more States/Commonwealths;— between a state and Citizens of another state,—between Citizens of different states,—between Citizens of the same state claiming Lands under Grants of different states, and between a state, or the Citizens thereof, and foreign states, Citizens or Subjects.

Article IV § 3

1 - New States/Commonwealths may be admitted by the congress into this Union; but no new State shall be formed or erected within the Jurisdiction of any other State/Commonwealth; nor any State/Commonwealth be formed by the Junction of two or more State/Commonwealth, or Parts of States/Commonwealths, without the Consent of the Legislatures of the States concerned as well as of the Congress.

Article VII

The Ratification of the Conventions of nine State/Commonwealth, shall be sufficient for the Establishment of this Constitution between the states so ratifying the Same.

The Word, "the," being interlined between the seventh and eighth Lines of the first Page, The Word "Thirty" being partly written on an Erazure in the fifteenth Line of the first Page, The Words "is tried" being interlined between the thirty second and thirty third Lines of the first Page and the Word "the" being interlined between the forty third and forty fourth Lines of the second Page.

Attest William Jackson Secretary

done in Convention by the Unanimous Consent of the states present the Seventeenth Day of September ___________________ in the Year of our Lord two thousand twenty and of the Independance of the united states of America the Two hundred and Forty-fourth In witness whereof We have hereunto subscribed our Names,

If you are asking - WHAT ARE OUR OPTIONS?

The remedy is the same today as it was in 1776

 

When in the Course of human events, it becomes necessary for one people to

(1) dissolve the political bands which have connected them with another, and

(2) to assume among the powers of the earth, the separate and equal station to which the Laws of Nature and of Nature's God entitle them, a decent respect to the opinions of mankind requires that they should

(3) declare the causes which impel them to the separation.

 

And return national and international governance to its intended purposes.

 

https://www.usarepublick.net/law-forms

The Documents with which we Noticed the World

The Declaration of Independence 1776 is the first organic law establishing autonomous Colonies and the beginning of a Republican form of government, of, for, and by the people of the united states of America. 

 

The Articles of Confederation 1777 is the second organic law established for the Colonies under Article I and Article II of the Articles for the people of the united states of America. 

 

The Northwest Ordinance which includes the Northwest Territories is the third organic law under Article XI of the Articles of Confederation 1777 for the people of the united states of America. 

The Constitution for the united states of America 1787, (was) an unratified draft written by the founding fathers who failed to bring forward the nation-state constitutions and seals, the Unwritten Law, Common Law, Maxims of Law and Treaty Law under Article VI of the Constitution for the united states of America shall be the supreme Law and the fourth organic law for the people of the united states of America.  (this is part of the history that we are working on understanding)

 

And, because the Article VI of that 1787 Constitution reads as follows:

 

All Debts contracted and Engagements entered into, before the Adoption of this Constitution, shall be as valid against the United Nobility under this Constitution, as under the Confederation.

 

I remind the reader that many of our ancestors stood at the base of Mount Sinai and engaged in a covenant with Nature’s GOD.  The stipulations of that contract as recorded to have been brokered by Moses in Exodus 19:5-6 included the debts of obligation and responsibility and reads as follows.

 

‘And now, if you diligently obey My voice, and shall guard My covenant (the 10 commandments), then you shall be My treasured possession above all the peoples – for all the earth is Mine – ‘and you shall be to Me a reign of priests and a set-apart nation.’ Those are the words which you are to speak to the children of Yisra’ĕl.

  


[i] Connecticut, Massachusetts, Pennsylvania and Virginia, upon publication, had a comma after the "WE".

Connecticut - https://s.hdnux.com/photos/62/64/53/13322997/3/920x920.jpg


Massachusetts - https://consecratedeminence.files.wordpress.com/2012/09/sept-28-1787_header.jpg

 
https://www.nps.gov/inde/learn/historyculture/images/pennylvania-packet-from-y.jpg?maxwidth=650&autorotate=false

The Virginia - edu.lva.virginia.gov – The link shows “Not Found”.


That which is shown in the NATIONAL ARCHIVES CATALOG has a specific "pica" and no comma after "We".   From https://www.archives.gov/founding-docs/constitution

[ii] Ambiguity  -  Also found in: Dictionary, Thesaurus, Medical, Financial, Encyclopedia.

Uncertainty or doubtfulness of the meaning of language.

When language is capable of being understood in more than one way by a reasonable person, ambiguity exists. It is not the use of peculiar words or of common words used in a peculiar sense. Words are ambiguous when their significance is unclear to persons with competent knowledge and skill to understand them.

There are two categories of ambiguity: latent and patent. Latent ambiguity exists when the language used is clear and intelligible so that it suggests one meaning but some extrinsic fact or evidence creates a need for interpretation or a choice among two or more possible meanings. In a classic case, Raffles v. Wichelhaus, 159 Eng. Rep. 375 (Ex. 1864), a contract was made to sell 125 bales of cotton that were to arrive on a ship called Peerless that sailed from Bombay, India. Unknown to the parties to the contract, two ships of the same name were to arrive from the same port during different months of the same year. This extraneous fact necessitated the interpretation of an otherwise clear and definite term of the contract. In such cases, extrinsic or Parol Evidence may be admitted to explain what was meant or to identify the property referred to in the writing.

A patent ambiguity is one that appears on the face of a document or writing because uncertain or obscure language has been used.

In the law of contracts, ambiguity means more than that the language has more than one meaning upon which reasonable persons could differ. It means that after a court has applied rules of interpretation, such as the plain meaning, course of dealing, Course of Performance, or Trade Usage rules to the unclear terms, the court still cannot say with certainty what meaning was intended by the parties to the contract. When this occurs, the court will admit as evidence extraneous proof of prior or contemporaneous agreements to determine the meaning of the ambiguous language. Parol evidence may be used to explain the meaning of a writing as long as its use does not vary the terms of the writing. If there is no such evidence, the court may hear evidence of the subjective intention or understanding of the parties to clarify the ambiguity.

Sometimes, courts decide the meaning of ambiguous language on the basis of who was responsible or at fault for the ambiguity. When only one party knew or should have known of the ambiguity, the unsuspecting party's subjective knowledge of the meaning will control. If both parties knew or should have known of the uncertainty, the court will look to the subjective understanding of both. The ambiguity no longer exists if the parties agree upon its meaning. If the parties disagree and the ambiguous provisions are material, no contract is formed because of lack of mutual assent.

Courts frequently interpret an ambiguous contract term against the interests of the party who prepared the contract and created the ambiguity. This is common in cases of adhesion contracts and insurance contracts. A drafter of a document should not benefit at the expense of an innocent party because the drafter was careless in drafting the agreement.

In Constitutional Law, statutes that contain ambiguous language are void for vagueness. The language of such laws is considered so obscure and uncertain that a reasonable person cannot determine from a reading what the law purports to command or prohibit. This statutory ambiguity deprives a person of the notice requirement of Due Process of Law, and, therefore, renders the statute unconstitutional.  -  West's Encyclopedia of American Law, edition 2. Copyright 2008 The Gale Group, Inc. All rights reserved.

ambiguity

n. when language has more than one meaning. If the ambiguity is obvious it is called "patent," and if there is a hidden ambiguity it is called "latent." If there is an ambiguity, and the original writer cannot effectively explain it, then the ambiguity will be decided in the light most favorable to the other party.  -  Copyright © 1981-2005 by Gerald N. Hill and Kathleen T. Hill. All Right reserved.

ambiguity

uncertainty in meaning. In legal documents an ambiguity maybe patent (i.e. apparent from a perusal of the document) or latent (i.e. one that becomes apparent in the light of facts that become known from sources outside the document). The general rule is that extrinsic evidence can be used to resolve latent ambiguity but not patent ambiguity. Since a landmark case in the UK in 1992, an ambiguity in a statute will allow the court to hear not only the terms of law commission reports but also of the debates in Parliament as recorded in Hansard.  -  Collins Dictionary of Law © W.J. Stewart, 2006

AMBIGUITY, contracts, construction. When au expression has been used in an instrument of writing which may be understood in more than one sense, it is said there is an ambiguity,      2. There are two sorts of ambiguities of words, ambiguitas latens and ambiguitas patens.      3. The first occurs when the deed or instrument is sufficiently certain and free from ambiguity, but the ambiguity is produced by something extrinsic, or some collateral matter out of the instrument; for example, if a man devise property to his cousin A B, and he has two cousins of that name, in such case parol evidence will be received to explain the ambiguity.      4. The second or patent ambiguity occurs when a clause in a deed, will, or other instrument, is so defectively expressed, that a court of law, which has to put a construction on the instrument, is unable to collect the intention of the party. In such case, evidence of the declaration of the party cannot be submitted to explain his intention, and the clause will be void for its uncertainty. In Pennsylvania, this rule is somewhat qualified. 3 Binn. 587; 4 Binn. 482. Vide generally, Bac. Max. Reg. 23; 1 Phu. Ev. 410 to 420; 3 Stark. Ev. 1021 ; I Com. Dig. 575; Sudg. Vend. 113. The civil law on this subject will be found in Dig. lib. 50, t. 17, 1. 67; lib. 45, t. 1, 1. 8; and lib. 22, t. 1, 1. 4.  -  A Law Dictionary, Adapted to the Constitution and Laws of the United States. By John Bouvier. Published 1856.