February 25, 2013

The President of the United States

The White House
1600 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

                                                                                         

The tenth amendment of the Constitution of the United States of America: The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people; Therefore, regarding the destruction of the Swartos family by American government “it is incumbent in this, as in every other exercise of power by the federal government, to prove from the Constitution that it grants the particular power exercised.”² Obviously this cannot be done. Hence, out of nothing but malice and thin air the executive branch has created a law and charged a crime against the Swartos of which presidents alone sit in judgment. Legislative and judicial powers are thus united in the executive.

“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,

 

Lynn Swartos
General Delivery
Bullhead City, AZ 86430
406-694-3475, klmfs2009@gmail.com

Cc: Various media, groups and individuals

 

1. Writings. James Madison. Edited by Jack Rakove. New York: Library of America, 1999, p. 298.
2. Ibid., p. 621.
3. Ibid., p. 622.
4. Ibid., p. 622.
5. Ibid., p. 631.
6. Ibid., p. 631.
7. Ibid., p. 508.
8. Ibid., p. 509.

[These letters are now on my Facebook page. Tell a friend. (This note was not included in the original letter.)]