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Oath of Office/Constitutional Standard Act petition

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Petition to Secure Passage of the Oath of Office/Constitutional Standard Act

To: Members of the Congress of the United States

Purpose

To end the Supreme Court’s reign of terror on the Constitution.

Petition

Considering the abject failure of the Supreme Court of its sworn duty to uphold the Constitution as the law of the land, “We the People” here undersigned demand that our Representatives in Congress redress the injuries committed upon our great charter of liberty by writing and passing The Oath of Office/Constitutional Standard Act, thus establishing in law the following:

  1. a) A non-arbitrary standard of Constitutionality declaring that any Supreme Court decision, Presidential action, Congressional legislation or bureaucratic endeavor which facilitates the expansion of the federal government by any measure beyond the obvious, well documented limits and/or permitted functions as specifically listed in the Constitution, being contrary to the overarching purpose of the Constitution, are illegal on their face and not subject to interpretation. b) The federal government's compliance with the terms of the contract responsible for its creation as understood and agreed to by all the parties at the time of its ratification shall be the sole criteria by which the legality (constitutionality) of any and all government activities and creations shall be determined.
  2. A standard of conduct shall be applied to all government officials mandating that they must fulfill their sworn duty to uphold the Constitution in the performance of their public service: meaning that no act on their part may undermine the standard of constitutionality set forth in this law, nor may they do anything that would cause, encourage, force, or facilitate other individuals or groups to directly or indirectly act against or diminish neither the Constitution as the supreme law of the land, nor the supporting standard set forth in this law.
  3. That the Constitution as a whole is greater in law than any of its parts: therefore no part may subvert the whole; no portion of the Constitution may be used, manipulated or interpreted in such a manner as would impede the functioning of the overarching purpose for which the document was written and recognized herein as the preservation of individual liberty through the strict enforcement of the limits on federal power as prescribed in the Constitution. Nor may precedent and/or case law override the supreme authority of the Constitution or the supporting standard set forth in this act.
  4. A reaffirmation of the precept of “checks and balances” through the legal recognition of “legislative review,” derived as a necessary consequence of Congress’ sworn oath and duty to uphold the Constitution; as a function of that duty. Legislative review granting the people’s representatives the power to overturn through the legislative process any Supreme Court ruling and/or government activity that does not meet the standard of constitutionality set forth in this act.
  5. That the authority of the Constitution is preeminent therefore rendering all activities and creations of the federal government subsequent to the Constitution's ratification in 1788 subject to the scrutiny of legislative review.
  6. That the authority for this act is derived directly from Article VI of the United States Constitution. That the purpose of this act is to preserve and defend the integrity and intent of the Constitution. Therefore any attempt to alter, overturn, or abolish this act except by Constitutional Amendment shall be construed to be an attack upon the Constitution itself and as such shall be recognized to be inherently unconstitutional. 
  7. The fact that Congress as yet has failed to recognize or exercise its rightful power of legislative review does not constitute a forfeiture of, nor a diminishment of that power.
  8. Congress shall prescribe a manner of adjudication, as well as penalties for violations of this act commensurate to the seriousness of the violation and in comportment with the standards of equal justice as prescribed in the Constitution. However, in all cases of violations of this act, removal from public service and prohibition from all future positions involving the public trust shall be the minimum mandatory penalty.

     “We the People” understanding that the Constitution of the United States of America was written to protect us from the imposition of governmental tyranny, do freely sign this document as a function of our duty to protect and defend the Constitution from the same. 

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Mike Marocchi

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