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Last Updated: Sep 22, 2009 - 10:53:52 AM 

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Alliance for the Separation of School and State

William Jud

U.S. Constitution as Employment Contract
By William Jud
Sep 22, 2009 - 10:50:35 AM

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The moles are firmly entrenched in government.

Evil and greedy folks back home keep reelecting evil and greedy Congressional Senators and Representatives, and return them to Congress with instructions to loot the U. S. Treasury and ship the money home. Congressional representatives represent the moral climate of their home Districts.

The evil ones in government will not be removed by voters, no matter how obviously corrupt and incompetent the official, as long as the official is an effective pirate. Some other way must be found to remove Congressional moles so our nation can return to Conservative, Constitutional government. This is an issue of national importance, not just something to be decided by Home District voters.

When faced with a problem that appears impossible to fix, it helps to stop trying what you are doing, step back, and look at the problem from another angle. Maybe a different approach will work.

Everyone thinks of the U.S. Constitution as Supreme Law Of The Land, which it is.

But the U. S. Constitution, and state Constitutions, also are legal employment contracts that set forth what qualifications you need to accept the job, and what you must do to remain on the job, if your job is Elected Government Official.

Think of it this way. Suppose you hire a contractor to build your house. The contractor signs an official, legal agreement, the Contract to build your house, and accepts money from you to do the job.

You go to the building site a couple of months later and the land is still goat pasture. No house. You go to the contractor, ask about the missing house, and the contractor tells you he feels it is socially more important for the community to have a swimming pool in the park than for you to have a new house, so he used your money to build the pool. If you want your house, you must pay him again, although he won't promise that your house will be built this time if he feels there is another socially more important use for your money.

At that point the contractor is usually fired, you sue the contractor, and the contractor may go to jail for theft and a number of related charges.

Why does this approach not work with people we send to Congress? Probably it has not worked because it has not been tried. Let's try it and see what happens.

Citizens look at the Constitution only as Supreme Law Of The Land and apparently do not notice that the Constitution is also a legal contract for employment of Elected Government Officials at all levels of government, federal, state, and local.

Qualifications for election are simple and basic. For example, Article 1 states "No Person shall be a Representative who shall not have attained to the Age of twenty five Years, and been seven Years a Citizen of the United States, and who shall not, when elected, be an Inhabitant of that State in which he shall be chosen." (Okay, the double-negatives are clumsy but get the message across. Why not just say the elected official must be at least twenty five years old, a U.S. citizen for at least seven years, and live in the state where he was elected?) Requirements are similar for Senators and for the President, except that a Senator must be at least 30 years old, and a current President must be a Natural-Born Citizen of the United States.

So much for qualification. What about performance?

The President, Senators and Representatives all must take an Oath Of Office before going to work. The common feature of those Oaths is an agreement to 'Preserve, protect and defend the Constitution of the United States.'

Our current President Obama says our existing Constitution is too limiting upon the federal government, and he wants the old Constitution revised or replaced with a new Constitution that greatly expands federal government authority to do things 'for the people' that are forbidden for the federal government to do under the current Constitution.

President Obama is roaring ahead at full throttle with his plan to convert the United States government to Socialism or Fascism, by interfering with banking and automotive industries and health care. These actions are not authorized by the U. S. Constitution and are forbidden by the 9th and 10th Amendments to the U.S. Constitution. These actions violate, they do not support, the Constitution.

President Obama is violating his Oath Of Office to 'Preserve, protect and defend the Constitution of the United States.'

Many in Congress support President Obama's Agenda, thereby violating their own Oath Of Office.

Many in Congress perennially propose legislation to limit the First Amendment. 'Hate Speech' legislation is an example.

Many in Congress perennially propose legislation to Infringe on the Right To Keep And Bear Arms, in violation of the Second Amendment.

Many in Congress perennially propose legislation to limit the Fifth Amendment. Restriction of Private Property Rights to benefit 'Endangered Species', without Just Compensation (or even WITH Just Compensation), is one example.

Many in Congress, and President Obama, routinely propose and enact a wide range of legislation that expands federal activity in violation of the 9th and 10th Amendments.

Elected officials in Congress are and should be immune from general prosecution for their legislative work in the current session of Congress. Otherwise, there would be unending lawsuits filed by special-interest groups that would grind Congressional work to a halt. But protection does not apply to legislative work in violation of Constitutional instructions.

Retired and former Congressional elected officials, and Congress itself, need to be held accountable for actions that violate their Oath Of Office job description as defined by the U. S. Constitution.

Retroactive to the first violation, even if the first violation happened decades ago, even if the violation was done by someone who is now retired or dead, a violation of the Oath Of Office voids that elected official's authority to remain in office, to propose legislation, vote on legislation, and receive pay and expenses reimbursement for serving in office.

Retroactive to the first violation, even if the first violation happened decades ago, all of the official's votes at that time and all subsequent votes and legislative activity in which that offending official participated must be removed from the record, and all laws and legislation must be revised to accommodate the new vote count. The status of approved or defeated legislation and resulting regulations must be adjusted to reflect the voided votes, even if that adjustment voids longstanding law or revives a dead bill. Retroactive to the first violation, even if the first violation happened decades ago, all retirement pay, duty pay, expense reimbursements, office rent, staff salaries, travel on Air Force One, and related money transfers to the offending elected official, must be repaid by that official to the U. S. Treasury.

Retroactive to the first violation in the current session, an elected official now serving, including the President, must be immediately thrown out of office for violating his Oath Of Office, and all votes and legislation bearing his name must be adjusted to reflect the disgraced official's removal.

Looking at the U. S. Constitution as a Contract Of Employment For Government Service, citizens should realize that they have full right and duty to remove an Oath of Office violator from office as soon as that official violates his Constitutional limit of authority.

In the case of federal government, any citizen, of any state, has the right and duty to demand removal any federal government elected official who violates his Oath Of Office, even if the offending official is not from that citizen's Home District.

A crime is a crime, regardless of who commits the crime. We hired the official to help run a Constitutional nation, not to illegally and un-Constitutionally decide our house construction money would be socially better spent building a public swimming pool.

William Jud


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