February 25, 2013
The President of the United States
The White House1600 Pennsylvania Avenue
Washington DC 20500
Dear Mr. President,
“Justice is the end of government. It is the end of civil society. It
ever has been, and ever will be pursued, until it be obtained, or until liberty
be lost in the pursuit.”
James Madison, The Federalist No. 51 1
“In the administration of preventive justice, the following principles
have been held sacred; that some probable ground of suspicion be exhibited
before some judicial authority; that it be supported by oath or affirmation…and
that he may at any time be…restored to his former liberty and rights, on the order
of the proper judicial authority; if it shall see sufficient cause.”3
“All these principles of the only preventive justice known to American
jurisprudence, are violated…The ground of suspicion is to be judged of, not by
any judicial authority, but by the executive magistrate alone; no oath or
affirmation is required…And the party being under the sentence of the
President…cannot be discharged from the proceedings against him, and restored
to the benefits of his former situation, although the highest judicial authority should see the most sufficient cause for
it.”4
“Thus it is the President whose will is to designate the offensive
conduct; it is his will that is to ascertain the individuals on whom it is
charged; and it is his will, that is to cause the sentence to be executed.”5
“It is affirmed that this union of powers subverts the general
principles of free government.
It has become an axiom in the science of government, that a separation
of the legislative, executive and judicial departments, is necessary to the
preservation of public liberty. No where has this axiom been better understood
in theory, or more carefully pursued in practice, than in the United States.
It is affirmed that such a union of power subverts the particular
organization and positive provisions of the federal constitution.
According to the particular organization of the constitution, its
legislative powers are vested in the Congress; its executive powers in the
President, and its judicial powers, in a supreme and inferior tribunals. The
union of any two of these powers, and still more of all three, in any one of
these departments…must consequently subvert the constitutional organization of
them.
That positive provisions in the constitution, securing to individuals
the benefits of fair trial, are also violated by the union of powers…”6
“Power being found by universal experience liable to abuses, a
distribution of it into separate departments, has become a first principle of
free governments.”7 However, “In bestowing the eulogies
due to the partitions and internal checks of power, it ought not the less to be
remembered, that they are neither the sole nor the chief palladium of
constitutional liberty. The people who are the authors of this blessing, must
also be its guardians. Their eyes must be ever ready to mark, their voice to
pronounce, and their arm to repel or repair aggressions on the authority of
their constitutions; the highest authority next to their own, because the
immediate work of their own, and the most sacred part of their property, as
recognizing and recording the title of every other.”8
Having been informed by the prudence of Republican principles it is
apparent Constitutional vigor is suffering the atrophy of an imposed desuetude,
your actions are willful violations of the Constitution of the United States of
America. We do hereby renew our protest of such.
Yours truly,
General Delivery
Bullhead City, AZ 86430
406-694-3475, klmfs2009@gmail.com
Cc: Various media, groups and individuals
- Writings. James
Madison. Edited by Jack Rakove. New York: Library of America, 1999, p.
298.
- Ibid., p. 621.
- Ibid., p. 622.
- Ibid., p. 622.
- Ibid., p. 631.
- Ibid., p. 631.
- Ibid., p. 508.
- Ibid., p. 509.
[These letters are now on my Facebook page. Tell a friend. (This note was not included in the original letter.)]
