PhilMerletti Master File of Remonstrances 1 031214 (Repaired)

REMONSTRANCE

TO MAKE WHOLE AND RESTORETHE ORIGINAL COURT SYSTEMS OF MAINE

ADHERENCE TO ALL CONSTITIONAL REQUIREMENTS AND AUTHORITY FOR THE RESTORATION OF THE

ORIGINAL COURT SYTEM AND JUSTICES AS RECORDED IN THE ORIGINAL

CONSTITUTION OF MAINE

WHEREAS: Constitution of the State of Maine (1820), Article I, Section 2; “All power is inherent in the people; all free governments are founded in their authority and instituted for their benefit; they have therefore an unalienable and indefeasible right to institute government, and to alter, reform, or totally change the same , when their safety and happiness require it.”; and,

WHEREAS: The Constitution of the State of Maine (1820), Article I, Section 15, states that, “The people have a right at all times in an orderly and peaceable manner to assemble to consult upon the common good, to give instructions to their representatives, and to request, of either department of the government by petition or remonstrance, redress of their wrongs and grievances.”; and,

WHEREAS: The Constitution of the State of Maine Article IV Part Third, Section 1 is written: “The Legislature, …….., shall have full power to make and establish all reasonable laws and regulations for the defense and benefit of the people of this State, NOT REPUGNANT TO THIS CONSTITUTION, NOR TO THAT OF THE UNITED STATES.”; and,

WHEREAS: Article VI of the national Constitution, Paragraph four reads: The Senators and Representatives before mentioned, and the Members of the several States 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 (United States).”; and,

WHEREAS: Article IX, Section 1 of the Constitution of the State of Maine reads: “Every person elected, appointed, or commissioned to any judicial, executive, military or other office under this State, shall, before entering on the discharge of the duties of that

place or office, take and subscribe the oath or affirmation: to support the Constitution of the United States and of this State.”; and,

WHEREAS: The Constitution of the State of Maine Article X, Section 3, is written: “All laws in force in this state, and not repugnant to the Constitution, shall remain, and be in force, until altered or repealed by the legislature, or expire by their own limitation.”; and,

WHEREAS: The Constitution of the State of Maine X, Section 6, is written: “The Constitution, with the amendments made thereto, in accordance with the provisions thereof, shall be the supreme law of the State.” and,

WHEREAS: The Constitution for the United States of America, Article 6, is written: “This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; … shall be the supreme Law of the Land, and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.”; and,

WHEREAS: The Maine State Bar Associations booklet “100 Years of Law and Justice” records the fact that, “The greatest revolution in the history of the courts, law, and lawyers in Maine happened in 1956” and that the younger members of the Maine State BAR Association, had virtually no training in Common Law procedure. It is also recorded that most law schools did not offer a course in it. And that the Maine bar examiners had given up conducting an integrated examination in Common Law pleading and had downgraded it to a question or two in the miscellaneous part of the examinations; and,

WHEREAS: The Maine State Bar Associations booklet “100 Years of Law and Justice” records the fact that, the lack of availability of courses in Common Law was by willful design. It was the original Maine BAR Association (1891) that wanted and established the complete control, and a lawful ability to educate and train and accept whom they wanted. The removal of Common Law was well designed early in this project; and,

WHEREAS: The Maine State Bar Associations booklet “100 Years of Law and Justice” records the fact that, for decades some of the Maine Lawyers and their supporters, slowly introduced repugnant, unconstitutional, fraudulent, treasonous Bills and Resolves for legislators and certain governors to pass as Maine Laws (statutes); and,

WHEREAS: The Maine State Bar Associations booklet “100 Years of Law and Justice” records the fact that, for decades some of the Maine Lawyers and supporters, slowly influenced repugnant, unconstitutional, fraudulent, treasonous Resolves and Amendments for legislators to pass as Constitutional Laws; and,

WHEREAS: The Supreme Court and the Maine State BAR Association, and its Board of Overseers, have concluded that the Lawyers who pay their fees are allowed to practice

law in Maine, and that they are “Officers of the Court” and an essential part of the Judicial Department; and,

WHEREAS: The Maine State Bar Associations booklet “100 Years of Law and Justice” admits to the fact that, for decades, Lawyers infiltrated the Legislative and Executive departments, which is in direct violation of the Constitution of Maine, Article III, Sections 1 & 2; and,

WHEREAS: The Supreme Judicial Court was created in 1820, and was a circuitry court until1930; four county courts, within and for the county, were established in 1868, 1878, 1917, and 1919, and in 1930 all of these courts were consolidated into one court and referred to as the Superior Court, a state-wide court system, and

WHEREAS: All Judges have been Lawyers and the last lawful Judge in Maine was commissioned in 1979.

Confirmed Lawful Supreme Court Decisions and their maxims:

WHEREAS: Marbury v. Madison, States: A law repugnant to the Constitution is void; and that courts, as well as other departments, are bound by that instrument.

WHEREAS: Cooper v. Aaron, 358 U.S. 1, 78 S Ct. 1401 (1958) states: “No state legislator or executive or judicial officer can war against the Constitution without violating his undertaking to support it. The constitutional theory is that we the people are the sovereigns, the state and federal officials (are) only our agents.” (Emphasis added)

WHEREAS: Mattox v. U.S., 156 US 237, 243. (1895) states: “We are bound to interpret the Constitution in the light of the law as it existed at the time it was adopted, ....” (Emphasis added)

WHEREAS: S. Carolina v. U.S., 199 U.S. 437, 448 (1905) states: “The Constitution is a written instrument. As such, its meaning does not alter. That which it meant when it was adopted, it means now.” (Emphasis added)

WHEREAS: Miranda v. Arizona, 384 U.S. 436 (1966), states: “Where rights secured by the Constitution are involved, there can be no rule making or legislation which would abrogate them.” (Emphasis added)

WHEREAS: Hertado v. California, 110 U.S Sec, 16, states: “The state cannot diminish rights of the people.” (Emphasis added)

THEREFORE: Any continuation of the reinstatement and/or confirmation of any and all Maine Justices is moot, due to the fact that the Maine Court system has been unlawfully and unconstitutionally altered through repugnant Resolves which were fraudulent,

treasonous and intrusive violations of the true intent of the Maine people’s Constitution and its original Judicial System.

THEREFORE: Through the power and authority of the Constitution of the State of Maine, and the proof within and of this Remonstrance, The people, through this Remonstrance, demands and instructs our Legislators to immediately cease and desist any renewal or confirmation of Maine Judges until there is a non-partisan committee appointed that understands Constitutional Law and Common Law. This committee cannot be affiliated to any State or National government department in any manner. This committee will be mandated to oversee and conduct an investigation to identify, recognize and assist in the remedy to repeal these past repugnant amendments.

Secondly, to make whole all original intent of the Courts Systems (Constitutional Law and Common Law) that was recognized by the founding fathers and by the language in the 1980 Constitution of the State of Maine.

Note: Title 30, Section 6203. Definitions:4. Laws of the State. “Laws of the State” means the Constitution and all statutes,

rules or regulations and the Common Law of the state (Maine) and its political subdivisions, and subsequent amendments thereto or Judicial interpretations thereof. (Emphasis added)

Thirdly, to make whole the requirements to appoint, commission and seat Judges according to the original (1820) Constitution of the State of Maine and to repeal all Amendments repugnant to the intent as written in Constitution of the State of Maine. It is the duty and obligation of the entire Legislature to act in full accordance with this request, and the Instructions therein.

SUMMARY

This Remonstrance secures inherent rights, liberties, and freedoms that were unlawfully ignored, removed and attacked over this, and past, decades. It demands through its instructions and proof for the Legislature to act immediately in recognizing, and restoring the intent of the founders of the Constitution of 1820. This recognition and action will remove current repugnant Maine public laws, and it will restore the true intent of the Constitution of the State of Maine. This Remonstrance prevents any further fraudulent, criminal, unconstitutional and treasonous acts by the Maine People's government. It forces our current elected and appointed officials to cease and desist all unconstitutional actions that create criminals who were and are still law-abiding people, who were/are following the protections of Maine Constitution. This was and is still skillfully done by subverting and ignoring constitutionally secured and protected rights. Also, this Remonstrance reasserts and demands that, under the Common Law, Courts and Judges are required to be “Learned in the Law” and properly commissioned.

We peaceful, God-loving, and Free Maine People are concerned for the future of our State, and

therefore support this Remonstrance being served upon Members of the

______________________________________________Committee

of the State of Maine Legislature,by signing below.

Signature Print Name Email or Tel.# Town



REMONSTRANCE

TO MAKE WHOLE AND RESTORETHE CONSTITUTION OF MAINE

ADHERENCE TO CONSTITUTIONAL REQUIREMENTS AND AUTHORITY FOR THE RESTORATION OF THE ORIGINAL

CONSTITUTION OF MAINE

WHEREAS: Constitution of Maine (1820), Article I, Section 2; “All power is inherent in the people; all free governments are founded in their authority and instituted for their benefit; they have therefore an unalienable and indefeasible right to institute government, and to alter, reform, or totally change the same, when their safety and happiness require it.”; and,

WHEREAS: The Constitution of Maine (1820), Article I, Section 15, states that, “The people have a right at all times in an orderly and peaceable manner to assemble to consult upon the common good, to give instructions to their representatives, and to request, of either department of the government by petition or remonstrance, redress of their wrongs and grievances.”; and,

WHEREAS: The Maine Constitution Article IV Part Third, Section 1 is written: The Legislature, …….., shall have full power to make and establish all reasonable laws and regulations for the defense and benefit of the people of this State, NOT REPUGNANT TO THIS CONSTITUTION, NOR TO THAT OF THE UNITED STATES; and,

WHEREAS: Article VI of the U.S. Constitution, Paragraph four reads: 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 (United States); and,

WHEREAS: Article IX, Section 1 of the Maine Constitution reads: …, and every person elected, appointed, or commissioned to any Judicial, Executive, Military or other office under this State, shall, before entering on the discharge of the duties of that place or office, take and subscribe the following oath or affirmation: to “support the Constitution of the United States and of this State”; and,

WHEREAS: The Maine Constitution Article X, Section 3, is written: All laws now in force in this state, and not repugnant to this Constitution, shall remain, and be in force,

until altered or repealed by the Legislature, or shall expire by their own limitation; and,

WHEREAS: The Constitution of the State of Maine X, Section 6, states: “And the Constitution, with the amendments made thereto, in accordance with the provisions thereof, shall be the supreme law of the State”; and,

WHEREAS: The Constitution of the United States of America, Article 6, states: “This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; …, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.”; and,

WHEREAS: The Maine State Bar Associations booklet “100 Years of Law and Justice” records the fact that, for decades some of the Maine Lawyers and supporters, slowly introduced repugnant, unconstitutional, fraudulent, treasonous Bills and Resolves to legislators and certain governors to pass as Maine Laws (Statutes); and,

WHEREAS: The Maine State Bar Associations booklet “100 Years of Law and Justice” records the fact that, for decades some of the Maine Lawyers and supporters, slowly introduced repugnant, unconstitutional, fraudulent, treasonous Resolves and Amendments to legislators to pass as Constitutional Laws; and,

WHEREAS: The Supreme Court, the Maine State BAR Association, and its Board of Overseers, have concluded that the Lawyers who pay their fees are allowed to practice law in Maine, and that they are “Officers of the Court” and an essential part of the Judicial Department; and,

WHEREAS: The Maine State Bar Associations booklet “100 Years of Law and Justice” admits to the fact that, for decades, Lawyers infiltrated the Legislative and Executive Departments, which is in direct violation of the Constitution of Maine, Article III.

Confirmed Lawful Supreme Court Decisions

WHEREAS: Marbury v. Madison, states: A law repugnant to the Constitution is void; and that courts, as well as other departments, are bound by that instrument.






THEREFORE: With the power and authority of the Constitution of the State of Maine, and the proof within and of this Remonstrance, this Remonstrance demands and instructs our Legislators to take action to recognize, identify, and repeal past repugnant Amendments, and to make whole the Constitution of Maine and to repeal Maine public Laws repugnant to the Constitution of Maine. It is the duty of the entire Legislature to act in full accordance with these demands and instructions.

SUMMARY

This Remonstrance secures inherent rights, liberties, and freedoms that were unlawfully ignored, removed and attacked over the current and past centuries. It demands, through its instruction and proof, for our officials to act immediately in restoring the intent of the founders of the Constitution of 1820. This recognition and action will remove current repugnant Maine public law and it will restore the true intent of the Constitution of Maine. This Remonstrance prevents further fraudulent, criminal, unconstitutional, and treasonous acts by the Maine People's government. It forces our current elected and appointed officials to cease and desist actions that create criminals out of law abiding people, by subverting constitutionally secured and protected rights under our Republic.



__________________________________ Committee of the State of Maine Legislature,

by signing below.

Signature Print Name Email or Tel.#

REMONSTRANCE

ENFORCEMENT OF ARTICLE III, SECTIONS 1 & 2 OFTHE CONSTITUTION OF MAINE

ADHERENCE TO CONSTITUTIONS, AND AUTHORITY FOR THE REMOVAL OF ELECTED OFFICIALS THAT SERVE IN 2 DEPARTMENTS OF GOVERNMENT AT THE SAME TIME

WHEREAS: The Constitution of Maine (1820), Article I, Section 2; “All power is inherent in the people; all free governments are founded in their authority and instituted for their benefit; they have therefore an unalienable and indefeasible right to institute government, and to alter, reform, or totally change the same , when their safety and happiness require it.”; and,


WHEREAS: Article III, sections 1 & 2; were written and accepted at the Maine Constitutional Convention of 1819. This Article has not been changed since 1819 and is still recognized and enforceable as Constitutional law, the Supreme Law of Maine.ARTICLE III, SECTIONS 1 & 2 is written:Section 1. Powers distributed. “The powers of this government shall be divided into 3 (“three” in the 1820 version) distinct Departments, the Legislative, Executive and Judicial.”Section 2. To be kept separate. “No person or persons, belonging to one of these Departments, shall exercise any of the powers properly belonging to either of the others, except in the cases herein expressly directed or permitted.; and,

WHEREAS: Nowhere, in Article IV, Part First, Section 4, Article IV Part Second, Section 6, is there a special grant of power, allowance, or authorization for the two Departments, the Legislative and the Judicial to be combined; and,

WHEREAS: Nowhere, in Article V, Part First, Section 4, is there a special granting of power, allowance, or authorization for the two Departments of the Executive and the Judicial to be combined; and,

WHEREAS: Article IX, Section 2 was rewritten in the year 1973, and thus, a certain part of the original Maine Constitution was unconstitutionally removed and changed (“County” to “District” Attorney). And furthermore, it is incomplete because does not include the incompatibility of the Executive holding more than one office; and,

WHEREAS: The Supreme Court, the Maine State BAR Association, and its Board of Overseers, have concluded that the lawyers who pay their fees are allowed to practice law in Maine, and that they are “Officers of the Court” and an essential part of the Judicial Department; and,

WHEREAS: Article VI of the U.S. Constitution, Paragraph four reads: “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 (United States);” and,

WHEREAS: Article IX, Section 1 of the Constitution of Maine reads: “Every person elected or appointed to either of the places or offices provided in this Constitution and every person elected, or commissioned to any judicial, executive, military or other office under this State, shall, before entering on the discharge of the duties of that place or office, take and subscribe the following oath or affirmation: to support the Constitution of the United States and of this State….”; and,

WHEREAS: The Maine Constitution Article X, Section 3, reads: “All laws in force in this state, and not repugnant to this Constitution, shall remain, and be in force, until altered or repealed by the Legislature, or shall expire by their own limitation.”; and,

WHEREAS: The Maine Constitution Article IV part third, reads: The Legislature, …….., shall have full power to make and establish all reasonable laws and regulations for the defense and benefit of the people of this State, NOT REPUGNANT TO THIS CONSTITUTION, NOR TO THAT OF THE UNITED STATES.; and,

WHEREAS: The Constitution of the United States of America, Article 6, states: “This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; … shall be the supreme Law of the Land, and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.”; and,

WHEREAS: The Constitution of the State of Maine X, Section 6, states: “And the [Maine] Constitution, with the amendments made thereto, in accordance with the provisions thereof, shall be the supreme law of the State”.

Confirmed Lawful Supreme Court Decisions:

WHEREAS: Marbury v. Madison, states: A law repugnant to the Constitution is void; and that courts, as well as other departments, are bound by that instrument. (Emphasis added)






THEREFORE: With the power and authority of the Constitution of the State of Maine, and the proof and authority of this Remonstrance, this People demand and instruct our Legislators to take action to forbid, by Constitutional Law, the election of any candidate to any position in Legislative and the Executive departments, if said candidates are an Officer of the Court (attorney or lawyer).

THEREFORE: With the power and authority of the Constitution of the State of Maine, and the proof of this Remonstrance, it is the duty of, and we the People instruct our entire Legislature to abide by their Oaths, act in full accordance with those Oaths, and to take such necessary action as will provide an immediate edict to legislators that were, or are lawyers, to resign without prejudice, malice, or recourse of any sort, within 10 working days of receiving this Remonstrance.

THEREFORE: The intent of this Remonstrance demands and instructs our Legislators to enact a statute that repeals any and all previously enacted Maine laws repugnant to the National Constitution and/or the Constitution of Maine, caused by the willful infiltration of the Legislature and the Executive Departments by the Judicial (officers of the court), and further provides that no unit of state, county, or municipal government, or any quasi-

governmental entity, within the State of Maine may authorize, or otherwise provide that, any department thereof, is to be stronger or supersede another.

SUMMARY

This Remonstrance secures inherent rights, liberties, and freedoms that were unlawfully attacked over the current and the past centuries. It demands, through its instructions and proof, for our officials to act immediately in restoring the intent of the founders of the Constitution of 1820. This recognition and action will remove current repugnant Maine public law and it will restore the true intent of the Constitution of Maine. This Remonstrance prevents further fraudulent, criminal, unconstitutional, and treasonous acts by the Maine People's government. It forces our current elected and appointed officials to cease and desist actions that create criminals out of law abiding people, by subverting constitutionally secured and protected rights under our Republic.



______________________________________________Committee



REMONSTRANCE

RESTORATION OF ARTICLE V, Part Second SECTIONS 1, 2, 3 &4

ADHERENCE TO CONSTITUTIONS AND AUTHORITY FOR THE RESTORATION OF THE GOVERNOR’S COUNCIL



WHEREAS: The Maine Constitution Article IV Part Third, Section 1 is written: “The Legislature, …….., shall have full power to make and establish all reasonable laws and regulations for the defense and benefit of the people of this State, NOT REPUGNANT TO THIS CONSTITUTION, NOR TO THAT OF THE UNITED STATES.”; and,

WHEREAS: Article VI of the U.S. Constitution, Paragraph four reads: 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 [United States] Constitution;....”; and,

WHEREAS: Article IX, Section 1 of the Maine Constitution reads: “..., and every person elected, appointed, or commissioned to any Judicial, Executive, Military or other office under this State, shall, before entering on the discharge of the duties of that place or office, take and subscribe the following oath or affirmation: [to] support the Constitution of the United States and of this State, ....”; and,

WHEREAS: The Maine Constitution Article X, Section 3, is written: “All laws in force in this state, and not repugnant to this Constitution, shall remain, and be in force, until altered or repealed by the Legislature, or shall expire by their own limitation.”; and,

WHEREAS: In the year 1820, the Maine Constitution was ratified. Article V, Part Second, Executive Council established The Governor's Council, which was made up of

seven persons that acted in a non-partisan manner and in accordance to Section 4 of the Article V, Part Second. It was their express mandate to counsel and “advise the Governor” on all activities relating to State business and affairs, “according to law”.

WHEREAS: The Maine Constitution Article V Part Second, Section 4 is written: No member of Congress, or of the Legislature of this State, nor any person holding any office under the United States (post officers excepted) nor any civil officers under this State, (Justices of the Peace and Notaries Public excepted) shall be Counsellors.”; and,

WHEREAS: In the Year 1976, The Executive Council was fraudulently and unconstitutionally abolished by an Amendment/Resolve that was repugnant to the Maine Constitution. This corrupt Maine Public Law violates Articles X, Section 3 and Article IV Part Third, Section 1, and Article V, Part Second, Section 4. This Maine Public Law falsely and deceitfully gave the Legislature (Legislative Council) the power to replace the Governors Council.; and,

WHEREAS: The Constitution of the United States of America, Article 6, states: “This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; … shall be the supreme Law of the Land, and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.”; and,

WHEREAS: The Constitution of the State of Maine X, Section 6, states: “And the Constitution, with the amendments made thereto, in accordance with the provisions thereof, shall be the supreme law of the State”; and,


WHEREAS: Marbury v. Madison, States: A law repugnant to the Constitution is void; and that courts, as well as other departments, are bound by that instrument.






THEREFORE: With the power and authority of the Constitution of the State of Maine, and the proof within and of this Remonstrance, it is the duty of, and we the People instruct our entire Legislature to abide by their Oaths, act in full accordance with those Oaths, and to take such necessary action as will repeal, as amended, Maine Public Law #xxxxxx, and will make whole the Original (1820) Constitution Article V, Part Second, Sections 1,2,3 & 4 in their entirety.

THEREFORE: This Remonstrance instructs our Legislators to take action to recognize, identify, and repeal past repugnant bills and amendments and to make whole the Constitution of Maine and to repeal Maine laws repugnant to the Constitution of Maine.

SUMMARY

This Remonstrance secures inherent rights, liberties, and freedoms that were unlawfully attacked over this and the past centuries. It demands through its instruction and proof to act immediately in restoring the intent of the founders of the Constitution of 1820. This action removes current repugnant Maine public law, it restores the true Constitution of Maine, and prevents further unconstitutional acts by the Maine People's government. This Remonstrance forces our elected and appointed officials to cease and desist actions that create criminals out of law abiding people, by converting constitutional secured and protected rights under a Republic.



______________________________________________Committee



REMONSTRANCE

RESTORATION OF ORIGINAL CHAPTER 179

ADHERENCE TO CONSTITUTIONS AND AUTHORITY FOR THE RESTORATION OF THE “OFFICE OF THE REVISOR”



WHEREAS: The Maine Constitution Article IV part third, reads: “The Legislature, …….., shall have full power to make and establish all reasonable laws and regulations for the defense and benefit of the people of this State, NOT REPUGNANT TO THIS CONSTITUTION, NOR TO THAT OF THE UNITED STATES.”; and,

WHEREAS: Article VI of the U.S. Constitution, Paragraph four reads: “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 (of the United States);....”; and,

WHEREAS: Article IX, Section 1 of the Maine Constitution reads: “..., and every person elected, appointed, or commissioned to any Judicial, Executive, Military or other office under this State, shall, before entering on the discharge of the duties of that place or office, take and subscribe the following oath or affirmation:” to “support the Constitution of the United States and of this State, ….”; and, WHEREAS: The Maine Constitution Article X, Section 3, is written: “All laws in force in this state, and not repugnant to this Constitution, shall remain, and be in force, until altered or repealed by the legislature, or shall expire by their own limitation.”; and,

WHEREAS: The Constitution of the United States of America, Article 6, states: “This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; …, shall be the supreme Law of the Land; and the Judges in every State shall

be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.”; and,

WHEREAS: The Constitution of the State of Maine X, Section 6, states: “..., And the Constitution, with the amendments made thereto, in accordance with the provisions thereof, shall be the supreme law of the State”; and,

WHEREAS: in the year 1927 Maine Law Chapter, 179 was enacted to appoint a commissioner to revise the Maine statutes. The Governor with the advice of the Council shall appoint a “Revisor of the Statutes”; and,

WHEREAS: The qualification of the Revisor/Commissioner was to be “Learned in the Law”, whose duty it shall be to revise, collate, arrange and consolidate all the general and public laws now in force and such as shall be enacted at the present session of the legislature, preserving the general order and arrangement of the revised statues. Adding references to all decisions interpreting the statutes and Constitution which appear in the Maine reports and to all decisions interpreting the Constitution of the United States; and,

WHEREAS: In the year 1931, the qualifications of the Commissioner, no longer required him/her to be “Learned in the Law”, but to be only “a suitable person experienced in statutory revision”. No longer was the Revisor responsible for adding references to all decisions interpreting the statutes and Maine Constitution, or to those making decisions interpreting the Constitution of the United States; and,

WHEREAS: In the year 1947, the Revisor's Committee was changed to the Legislative Committee, staffed with 10 legislators, no longer appointed by the Governor . The Commissioner's position was dropped and replaced with a Director elected by the Committee members. The Legislative Research Committee was given immense responsibly, above constitutional requirements, and in some areas their responsibility is unconstitutional; and,

WHEREAS: In the year 1973, the Legislative Research Committee was changed to the Legislative Council by emergency legislation, and still staffed with 10 legislators. The Legislative Council was given immense responsibly (still above constitutional requirements); and,

WHEREAS: In the year 1976, the Legislative Council assumed the Constitutional responsibilities and accountability of the Governor's Council, by written statute, which was in direct conflict with the Constitution of Maine’s original Article V, Part Second, Section 4; where it is written: “No member of Congress, or of the Legislature of this State ………. shall be Counsellors”. Therefore, the state statute that abolished the original Article V, Part Second, Section 4 was repugnant to the Constitution of Maine, and the removal of the original Article V, Part Second was repugnant, unconstitutional, criminal, fraudulent, and treasonous against the Constitution of Maine; and,

WHEREAS: In the year 1976, the Legislative Council assumed the Constitutional responsibilities and accountability of the Governor's Council, which was in direct conflict with the Maine Constitution, Article X, Section 3, that states: “All laws now in force in this state, and not repugnant to this Constitution, shall remain, and be in force, until altered or repealed by the Legislature, or shall expire by their own limitation.”; and,

WHEREAS: In the year 1976, the Legislative Council assumed the Constitutional responsibilities and accountability of the Governor's Council, which was in direct conflict with the Maine Constitution, Article X, Section 4. Section 4 that is written: “……, whether such amendment shall be made; and if it shall appear that a majority of the inhabitants voting on the question are in favor of such amendment, it shall become a part of this Constitution.” No where in the Maine Constitution does it give the Revisor or his staff, the right to remove any language if the intent is changed or abolished. Therefore, it was the intent to follow the lead of the U. S. Constitution, which was to add amendments that refer to the changes, and not the removal of language with no reference to it. For reference, please see U. S. Constitution’s Amendments XVIII and XXI; where it is written: “The eighteenth article of amendment to the Constitution of the United States is hereby repealed.”


WHEREAS: Marbury v. Madison, States: A law repugnant to the Constitution is void; and that courts, as well as other departments, are bound by that instrument. (Emphasis added)






WHEREAS: The Constitution of the United States of America, Article 6, states: “This Constitution, and the laws of the United States which shall be made in Pursuance thereof, … shall be the supreme Law of the Land, and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.” (Emphasis added)

WHEREAS: The Constitution of the State of Maine, Article X, Section 6, states: “The Constitution, with the amendments made thereto, in accordance with the provisions thereof, shall be the supreme law of the State”. (Emphasis added)

THEREFORE: With the power and authority of the Constitution of the State of Maine, and the proof and authority of this Remonstrance, The supreme Court has found that: “A law repugnant to the Constitution is void; and that courts, as well as other departments, are bound by that instrument.” Therefore, it is the duty of the full Legislature to act in full accordance, and to reinstate the original (1820) Article V, Part Second, sections 1,2,3 & 4 language (to make it whole, in its entirety). And also, to repeal statutes that gave fraudulent Constitutional powers to a legislative council that did not have the Constitutional authority to give advice to the Governor.

THEREFORE: This Remonstrance instructs our Legislators to make whole the true Constitution of Maine and to repeal Maine laws repugnant to the Constitutions of Maine, and of the United States.

SUMMARY

This Remonstrance secures inherent rights, liberties, and freedoms that were unlawfully attacked over the current and the past centuries. It demands, through its instruction and proof, for the Legislature to act immediately to restore the intent of the founders of the Constitution of Maine (circa 1820). This action removes current repugnant Maine public laws and repugnant amendments to the Constitution of Maine; it restores the true Constitution of Maine Article V, Part Second, Sections 1-4, and prevents further treasonous, criminal, unconstitutional, and fraudulent acts by the Maine People's government. It forces our current elected and appointed officials to cease and desist actions that create criminals out of law abiding people, by subverting constitutionally secured and protected rights under our Maine Republic.



______________________________________________Committee



Documents

PhilMerletti Master File of Remonstrances 1 031214 (Repaired)