Sep 17, 2007

CONSTITUTION DAY PART II: USA PATRIOT ACT--Constitution makes Legislation Null and Void

"The Constitution is not an instrument for the government to restrain the people, it is an instrument for the people to restrain the government -- lest it come to dominate our lives and interests."
-- Patrick Henry

"A legislative act, contrary to the Constitution, is not law".

- Chief Supreme Court Justice John Marshall

This story broke a week ago, but received little news coverage. We must again highly recommend CATO Institutes email news and daily podcasts for good info like this. Everyone should subscribe and use the information to educate their family, friends, and especially their local newspaper and radio talk shows, and highlight CATO links or feeds on their blogs.

The Constitution is the silver bullet that can put an end to the growing tyranny--everything this neocon-controlled administration has rammed thru Congress on the pretext of 9/11.

The fact this Federal judge struck down these provisions is proof that your Congressmen (including and especially Shelly Moore Capito), both House and Senate, passed legislation that is in fact "null and void" in that it violates the Constitution of the United States. THERE SHOULD BE OUTRAGE TO YOUR CONGRESSIONAL REPS WHO VOTED FOR THE USA PATRIOT ACT WITHOUT CONSIDERING (AS USUAL) THE CONSTITUTION. Be sure and right your Congressmen and tell them to "read the bills" (as pushes) before passing ANY legislation, and that they should rescind the PATRIOT ACT, as well as REAL ID.

Judge Invalidates Patriot Act Provisions

"A federal judge struck down controversial portions of the USA Patriot Act in a ruling that declared them unconstitutional yesterday, ordering the FBI to stop its wide use of a warrantless tactic for obtaining e-mail and telephone data from private companies for counterterrorism investigations," reports The Washington Post.

"The ruling by U.S. District Judge Victor Marrero in New York said the FBI's use of secret 'national security letters' to demand such data violates the First Amendment and constitutional provisions on the separation of powers, because the FBI can impose indefinite gag orders on the companies and the courts have little opportunity to review the letters."

In the Cato briefing paper "Doublespeak and the War on Terrorism," Timothy Lynch, director of Cato's Project on Criminal Justice, writes: "The warrant application process is the primary check on the power of the executive branch to intrude into people's homes and to seize property. The Bush administration has tried to bypass this constitutional framework by championing the use of national security letters."


Mostly unreported, the STATES have also moved (including particularly Huntington, West Virginia) to make null and void the USA PATRIOT ACT because (despite its fraudulent name) of its blatant attempt to overthrow the restraints of the federal government embedded firmly in the Constitution. The source here is the Bill of Rights Defense Committee, which solely sprung up to resist PATRIOT ACT powers.

Across the Country:

412 Resolutions Upholding Civil Liberties and Rights

resolutions: 404

State resolutions: 8

Total population
protected: 85,177,895

In West Virginia this included Charleston, Lewisburg, Monroe County, and Huntington.

Huntington, West Virginia Made USA PATRIOT ACT Illegal for Feds

Huntington, West Virginia

City/Town: Huntington
County: Cabell, Wayne
State: West Virginia
Congressional District: (click to contact Rep.)

Population (2000 Census): 51,475
Date Passed: 10/13/03

An Ordinance of the Council Amending, Modifying, and Re-enacting Article 99 of the Codified Ordinances of the City of Huntington, as Revised, Concerning People's Bill of Rights.

Approved by: Huntington City Council

WHEREAS, the devastating attacks of 9-11-01 in the United States and the continued national outcry for patriotism causes a need for reaffirmation of the American way of life; and

WHEREAS, the restriction of civil liberties by the United States actually constitutes a defeat of its founding principles as well as a victory for the perpetrators of 9-11; and

WHEREAS, this Council wishes to limit government intrusion upon the personal lives of the people of Huntington; and

WHEREAS, the people of Huntington have a right to be free from profiling, discrimination and general searches; and

WHEREAS, the people of Huntington should not be subject to searches without probable cause and due process of law; and

WHEREAS, the constitution of the State of West Virginia, Article 1-3. (Continuity of constitutional operation), asserts that

“The provisions of the constitution of the United States, and of this state, are operative alike in a period of war as in time of peace, and any departure therefore, or violation thereof, under the plea of necessity, or any other plea, is subversive of good government, and tends to anarchy and despotism.”

WHEREAS, this Council recognizes the people within its jurisdiction as the sovereign of the City of Huntington, Cabell and Wayne Counties, West Virginia,

NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF HUNTINGTON, CABELL AND WAYNE COUNTIES, WEST VIRGINIA, that Article 99 of the Codified Ordinances of the City of Huntington, as revised, is hereby AMENDED, MODIFIED and RE-ENACTED to read as follows:



The people have inalienable rights that exceed the needs of the City of Huntington and are granted through the individual’s ability to reason, right to be free, to question the governors of the City of Huntington and to act as sovereign have, by declaration, rights recognized by Council as the basis of American Democracy and our chosen way of life. The essence of American Freedom is founded upon individual liberties, not granted by government, but retained by the sovereign. And therefore, the following actions affect the City of Huntington, Council, Mayor and its subordinate agencies, boards, and committees.


The people shall have the right to express their opinion and the City of Huntington shall not attempt to regulate content of speech. The City of Huntington, Council, Mayor and its subordinate agencies, boards, and committees may regulate time, place and manner of speech, but not content.


The people shall have the right to keep and bear arms within the City of Huntington under the laws of the United States of America and the State of West Virginia.


a. No one shall be compelled to testify against himself or spouse / herself or spouse nor be denied rights of due process under the laws of the United States of America and the State of West Virginia.

b. No person shall be held by the City of Huntington greater than twenty-four (24) hours without charges being proffered.

c. An individual has a right to be secure in his person from unreasonable searches and seizures and no warrants shall be issued without probable cause supported by oath or affirmation and particularly describing the persons or items to be seized and the places to be searched.

d. No stops, searches or inquiry can be made of any person based upon their race, religion, sex, age or ethnic origin.


a. No government agency shall invade the privacy of a person located within the City of Huntington by electronic eavesdropping, intercepting Internet transmissions, or by opening correspondence transmitted electronically, lest he be an officer of the law who has obtained a specific warrant for such searches.

b. No law enforcement agency shall seek to invade any telephone, computer transmission or personal correspondence that is private between the sender and receiver without a warrant.

c. Each invasion shall constitute a separate act and the individual perpetrating the act and those directing the invasion shall be equally subject to the penalty as stated in Section 99.99.
99.99 PENALTY.

Any violation of Article 99 shall be subject to a fine of up to Five Hundred Dollars ($500.00) and/or thirty (30) days in jail.

BE IT FURTHER ORDAINED that all other articles, sections and sub-sections of the Codified Ordinances of the City of Huntington, as revised, shall remain in full force and effect until further Ordinance of this Council.

BE IT FURTHER ORDAINED that Article 99 shall become effective upon its adoption by council and approval by the Mayor

"I see the Constitution as being written precisely for one purpose -- to restrain the power of government; never to restrain the people."

-- Congressman and Republican Presidential Candidate Ron Paul in Seattle