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“To Support and Defend”

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Oath Accountability Act for Constitutional Integrity

To restore the Constitution's strict enumeration of the central government's "few and defined powers," we must, first and foremost, require that all members of the Executive, Legislative and Judicial branches abide by their oaths "to support and defend" our Constitution — under penalty of law. At present, there is no legal penalty for Breach of Oath or legal obligation to abide by the plain language of our Constitution.

Please help us enact, through judicial or legislative action, strong penalties obligating all elected and appointed federal officials to abide by their oaths. If the federal judiciary refuses to hear this action, then we will take it to the national legislature for codification into federal law. In the words of Thomas Jefferson, "Bind [them] down from mischief by the chains of the Constitution."




Learn more about the class action lawsuit

Background

We can hold political debates and advocate the merits of conservative policies, ad nauseam, and have done so for generations. Where has that gotten us today?

The prerequisite question before any legitimate political debate should concern the authority of our Constitution, and the obligation to abide by the Rule of Law it enshrines.

Our Constitution prescribes "few and defined powers" (Madison) to the central government. Unfortunately, the current scope of federal activities provides abundant evidence that many elected and appointed members of the federal government have long abandoned their prescribed oaths to abide by our Constitution.

At present, there is no recourse for prosecution to enforce compliance with constitutionally required oaths, with the exception of prosecuting those advocating "the overthrow of our constitutional form of government" (5 U.S.C. 7311). In the absence of that obligation, Rule of Law has eroded into the rule of men, and our authentic Constitution has, likewise, devolved into the so-called "living constitution." That erosion and devolution has greatly undermined the pillars of Liberty.

Elected and appointed members of the Executive, Legislative and Judicial Branches of the central government must be required, under penalty of law, to abide by their oaths "to support and defend" our Constitution, as specified in its original language in Article II, Section 1 and Article VI, clause 3, as ratified.

Such legal requirement would subject those members to indictment should they circumvent the Constitution's prescribed method for amendment as specified in Article V, by way of legislative actions and judicial diktats in accordance with the so-called "living constitution."

Breach of Oath constitutes breach of trust with the American people — a violation of the contract established by our Constitution between those in the Executive, Legislative and Judicial branches, and the We, the People. Consequently, Breach of Oath imposes harm and injustice upon citizens, who are subject to the government's laying and collecting of taxes, and accumulating of debt, for expenditures not expressly authorized by our Constitution.

The first step in seeking legal remedy to restore the integrity of our Constitution is to establish whether "We, the People," have legal standing to require all members of the three branches of our central government to abide by their oaths. If not, then we will seek recourse under (5 U.S.C. 7311) charging that circumvention of the plain language of our Constitution is tantamount to advocating "the overthrow of our constitutional form of government."

To that end, please register your support for this action, and join Patriots across the nation, particularly those in our Armed Services who have defended their oaths with blood and life, in this effort to establish legal standing as citizens.

We will determine the appropriate legal venue and ask the court to certify this action once we have reached a sufficient number of plaintiffs to impress upon the court, and supporting members of Congress, that The People demand recourse.

We believe that this complaint complies with Federal Rules of Civil Procedure and thus should be provided a federal hearing, an assertion that, if denied by the courts, we will seek on appeal. We may also opt to file in one or more state courts should the federal courts reject this action. And last but not least, if enough Americans sign this action, the legislative option becomes viable.

We will reject the notion that the power to vote constitutes fair "representation," where there is no assurance that representatives will abide by their oaths of office and, instead, use the treasury as an instrument to perpetuate their re-election by special interest constituencies, whose allegiance is secured with confiscated and redistributed wealth.

If American citizens are rightly found to have legal standing, then the second order of business will be to question congressional authority to lay and collect taxes, and to accumulate debt, for expenditures not expressly authorized by our Constitution, with the objective of defunding such expenditures.

We will seek to renew congressional requirements for enumeration of constitutional authority for each and every piece of legislation proposed by the Executive and Legislative branches.

Our United States Constitution, as written and ratified, stipulates in its preface that it is "ordained and established" by the people to "secure the Blessings of Liberty to ourselves and our Posterity." To that end, it established a republic, not a popular democracy, which is to say it affirmed the primacy of Rule of Law over rule of men.

Accordingly, the first order of business for those elected to national office is that they be bound by oath to "preserve, protect and defend" the Constitution under which they were duly elected.

For those elected to the presidency, Article II, Section 1, specifies: Before he enter on the Execution of his Office, he shall take the following Oath or Affirmation: "I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States."

Likewise, Article VI, Clause 3 specifies: "The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution..."

The key words here are "shall be bound by oath or affirmation." Bound how and by whom? And with what penalty for violation? Currently, we believe they are bound solely by their conscience, and there is no statutory mandate for abiding by their oaths.

Our Founders intended that elected officials and judges, by way of their oaths, would be constrained by Rule of Law. However, they also assumed that those elected and appointed would be, uniformly, men and women of sufficient character to honor their oaths.

Our Founders were clear about our Constitution's Rule of Law and its prescribed method for amendment as specified in Article V, but the enforcement of that prescription is predicated on being bound by oaths.

George Washington: "The basis of our political systems is the right of the people to make and to alter their Constitutions of Government. But the Constitution, which at any time exists, 'till changed by an explicit and authentic act of the whole People is sacredly obligatory upon all. ... Should, hereafter, those incited by the lust of power and prompted by the supineness or venality of their constituents, overleap the known barriers of this Constitution and violate the unalienable rights of humanity: it will only serve to show, that no compact among men (however provident in its construction and sacred in its ratification) can be pronounced everlasting and inviolable, and if I may so express myself, that no Wall of words, that no mound of parchment can be so formed as to stand against the sweeping torrent of boundless ambition on the side, aided by the sapping current of corrupted morals on the other."

John Adams: "Our Constitution was made only for a moral and religious people. It is wholly inadequate to the government of any other. ... The only foundation of a free Constitution is pure Virtue, and if this cannot be inspired into our People. ... [T]hey may change their Rulers, and the forms of Government, but they will not obtain a lasting Liberty. ... A Constitution of Government once changed from Freedom, can never be restored. Liberty, once lost, is lost forever."

Thomas Jefferson: "Our peculiar security is in the possession of a written Constitution. Let us not make it a blank paper by construction. ... To consider the judges as the ultimate arbiters of all Constitutional questions [is] a very dangerous doctrine indeed, and one which would place us under the despotism of an oligarchy. ... The Constitution has erected no such single tribunal, knowing that to whatever hands confided, with the corruptions of time and party, its members would become despots. ... The opinion which gives to the judges the right to decide what laws are Constitutional and what not, not only for themselves in their own sphere of action but for the Legislature and Executive also in their spheres, would make the Judiciary a despotic branch. ... On every question of construction carry ourselves back to the time when the Constitution was adopted, recollect the spirit manifested in the debates and instead of trying what meaning may be squeezed out of the text or invented against it, conform to the probable one in which it was passed. ... In questions of power, then, let no more be heard of confidence in man, but bind him down from mischief by the chains of the Constitution."

Alexander Hamilton: "[T]here is not a syllable in the [Constitution] which directly empowers the national courts to construe the laws according to the spirit of the Constitution, or which gives them any greater latitude in this respect than may be claimed by the courts of every State. ... The Judiciary ... has no influence over either the sword or the purse; no direction either of the strength or of the wealth of the society, and can take no active resolution whatever. It may truly be said to have neither force nor will. ... If it be asked, 'What is the most sacred duty and the greatest source of our security in a Republic?' The answer would be, an inviolable respect for the Constitution and Laws — the first growing out of the last. ... A sacred respect for the Constitutional law is the vital principle, the sustaining energy of a free government. ... [T]he present Constitution is the standard to which we are to cling. Under its banners, bona fide must we combat our political foes — rejecting all changes but through the channel itself provides for amendments."

James Madison: "I entirely concur in the propriety of resorting to the sense in which the Constitution was accepted and ratified by the nation. In that sense alone it is the legitimate Constitution. And if that is not the guide in expounding it, there may be no security for a consistent and stable, more than for a faithful exercise of its powers. ... If Congress can do whatever in their discretion can be done by money, and will promote the General Welfare, the Government is no longer a limited one, possessing enumerated powers, but an indefinite one, subject to particular exceptions."

Those members of the Executive, Legislative and Judicial branches, who have abandoned their oaths, believe they are above the mandates established by our Founders, and thus, above the law.

Our constitutional rights are being violated, and that violation is sustained by unjust taxation for purposes not expressly authorized by our Constitution. Consequently, our nation is on the precipice of insolvency, and the bill is coming due. It will most certainly be repaid in the currency of tyranny unless Liberty with its inherent Rule of Law prevails.

The time has come that all American Patriots must, "with a firm reliance on the protection of divine Providence, mutually pledge to each other our Lives, our Fortunes and our sacred Honor," as we endeavor to restore Rule of Law and our Constitution's limits on the central government.

We must return to first principles in order to extend Liberty to the next generation.

If we are unsuccessful in this bid to seek remedy for the lack of any proscription against, and penalty for breach of oath, it is because the judiciary refuses any such accountability regarding the wanton violation of our Constitution. Such rejection would, in effect, render Americans, once again, condemned to the abuse previously characterized in American history as "Taxation Without Representation."

However, if the federal judiciary refuses to hear this action, then we will take it to the national legislature for codification into federal law.

To ensure that Congress will take action to pass legislation prescribing severe legal penalties for Breach of Oath, a large support base is necessary. Our goal is 500,000 signatures, which will most assuredly receive congressional attention, especially if the 2012 election results in conservative majorities.

Register Your Support for Oath Accountability

Semper Vigilo, Fortis, Paratus et Fidelis!
Libertas aut Mortis!

Mark Alexander
Publisher, The Patriot Post

Resource Essays in support of The Oath Accountability Civil Action to Restore Constitutional Integrity

Essential Liberty
A treatise on restoring Rule of Law over the rule of men, to ensure Liberty prevails over tyranny

The Oath Accountability Civil Action — Legal Precedents
The greatest obstacle to establishing legal standing in matters regarding accountability of the judiciary is that the judiciary does not want to recognize legal standing for such accountability]

The Essential Question in Any Political Debate
The most important inquiry conservatives must posit in every policy debate: "What does our Constitution authorize and mandate?"

Our Sacred Honor ... to Support and Defend
Against All Enemies, Foreign and Domestic

A "living constitution" for a Dying Republic
The adulterated version of our Constitution by judicial diktat supported by executive and legislative malfeasance

Judicial Supremacists and the Despotic Branch
"The Constitution...is a mere thing of wax in the hands of the judiciary which they may twist and shape into any form they please." --Thomas Jefferson

American Patriot Defined
Their Sacred Honor in Defense of Liberty Endures

The 'Tea Party' Movement
What it is -- and isn't.

We Still Hold These Truths
Left v Right, Tyranny v Liberty

The First Statement of Conservative Principles
Start with the Constitution

What Power to Tax and Spend?
The Question Americans Should Be Asking

The Power to Tax ... and Revolt
Taxation Without Representation in the 21st Century

The Rights and Obligations of Liberty
Don't Forget the Obligation

It's NOT 'What the American People Want'
It's what our Constitution requires

When Debating a Liberal, Start With First Principles
Any debate should start with the establishment of First Principles

Ballots or Bullets?
Ballot Box Barriers to Restoring Constitutional Integrity

Restoration or Revolution?
Restoring Rule of Law

Sunset or Sunrise on Liberty?
The Current Crisis and the Opportunity of a New Dawn for Liberty

The Next American Revolution
What is the Authority for Rebellion?

The Reagan Centennial
A retrospective on the Reagan Revolution