NULLIFICATION OPINION

CONFEDERATE STATES OF AMERICA

CONSTITUTIONAL COURT

1605 E. Wm. J. Bryan Pkwy, Bryan, Texas 77803

(979) 361-0173 E-mail beaudre@tca.net

www.CSAgov.org

DATE: December 11, 2006

ISSUE: COURT OPINION

RE: STATE NULLIFICATION OF UNCONSTITUTIONAL

CONGRESSIONAL STATUTES, EXECUTIVE ORDERS

AND COURT ORDERS OF THE UNITED STATES

FACTS AT ISSUE

1. JURISDICTION.

2. United States public law known as The PATRIOT ACTS.

3. H.R. 6166: Military Commissions Act of 2006 of the United States.

4. United States Public Law 109-364 (H.R.5122) - Known as the John Warner Defense Authorization Act of 2007.

5. United States 20 Stat. L., 145 –Known as the Posse Comitatus Act – 1878 and Title 1 8 U.S.C. 1385.

6. United States CONSTITUTION of 1789AND AMENDMENTS THERETO.

DISCUSSION BY THE CONSTITUTIONAL COURT

1. JURISDICTION. A series of unconstitutional acts, all intruding without Jurisdiction over the territory and Citizens of the Confederate States of America including the U.S. Code of Criminal Procedure, especially under USC Title 18, Chapter 115 of the United States and a myriad of other unsavory and unconstitutional statutes for laws which have been passed by the U.S. Congress since 1865.

2. United States public law known as The PATRIOT ACT and THE NEW PATRIOT ACT of the United States, which destroys the 1^st, 4^th, 5^th, 8^th, 9^th and 10^th amendments to the Constitution. Neither Congress nor the President has the Constitutional authority to amend or discard the Constitution or amendments thereto without a Constitutional Amendment which has been ratified by the States. The New Patriot Act also eliminates the sunset provision in the first Patriot Act which had been inserted in order to gain passage of the first Patriot Act.

3. H.R. 6166: Known as the Military Commissions Act of 2006 of the United States. The Federal Government, namely their Chief Executive and his rubber stamp congress has passed H.R. 6166: Military Commissions Act of 2006 which allows the President to incarcerate and try “enemy combatants” who were not enemy soldiers and who are not classified as enemy POWs. Unfortunately, this act also gives the President the supposed power to designate even American Citizens who were born here as “enemy combatants” thus stripping them of their Constitutional rights of due process, right to counsel, the right of discovery and to produce witnesses in their favor, the right to bond and the right to trial by a regular jury

4. United States Public Law 109-364 (H.R.5122) - Known as the John Warner Defense Authorization Act of 2007 provides (a) for the Termination of Posse Comitatus Protection thereby allowing the use of the military for civilian policing within the United States and (b) the implementation of Martial Law Provisions for the Federal Union to use at the sole discretion of the President. (c) This Statute also suspends Habeas Corpus for use by defendants.

United States Constitution, Article I, Section 9, clause 2: The privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it.

Neither of those two requirements exists for a Constitutional suspension by the President of the United States and no U. S. Congressional statute can substitute for a ratified Constitutional Amendment which has not even been offered. Congress lacks Jurisdiction to change the Constitution without undergoing the amendment process including State Ratification.

An example of resistance that could develop is found in the current Texas Constitution, Article 2, Sec. 13. “The writ of habeas corpus is a writ of right, and shall never be suspended. The Legislature shall enact laws to render the remedy speedy and effectual.”

So, in Texas the writ shall not be suspended in spite of Federal law if properly resisted in Texas and clearly would justify State Nullification of the statute.

5. United States public law 20 Stat. L., 145-Known as the Posse Comitatus Act-June 18, 1878.

CHAP. 263 - An act making appropriations for the support of the Army for the fiscal year ending June thirtieth, eighteen hundred and seventy-nine, and for other purposes.

SEC.15. From and after the passage of this act it shall not be lawful to employ any part of the Army of the United States, as a posse comitatus, or otherwise, for the purpose of executing the laws, except in such cases and under such circumstances as such employment of said force may be expressly authorized by the Constitution or by act of Congress; and no money appropriated by this act shall be used to pay any of the expenses incurred in the employment of any troops in violation of this section And any person willfully violating the provisions of this section shall be deemed guilty of a misdemeanor and on conviction thereof shall be punished by fine not exceeding ten thousand dollars or imprisonment not exceeding two years or by both such fine and imprisonment.

10 U.S.C. (United States Code) 375

Sec.375. Restriction on direct participation by military personnel:

The Secretary of Defense shall prescribe such regulations as may be necessary to ensure that any activity (including the provision of any equipment or facility or the assignment or detail of any personnel) under this chapter does not include or permit direct participation by a member of the Army, Navy, Air Force, or Marine Corps in a search, seizure, arrest, or other similar activity unless participation in such activity by such member is otherwise authorized by law.

Title 18 U.S.C. 1385

Sec.1385. Use of Army and Air Force as posse comitatus

Whoever, except in cases and under circumstances expressly authorized by the Constitution or Act of Congress, willfully uses any part of the Army or the Air Force as a posse comitatus or otherwise to execute the laws shall be fined under this title or imprisoned not more than two years, or both.

6. United States CONSTITUTION of 1789AND AMENDMENTS THERETO.

Will the U.S. Supreme Court rule these acts Unconstitutional? Not likely. In fact, the Posse Comitatus Act was an act of Congress and may be suspended or canceled by the U. S. Congress as they have now done. The pattern of emerging dictatorships and/or precursor for the imposition of the North American Union (over the United States, Mexico and Canada) with a Triumvirate Executive Branch could be a step toward the coronation of a King of the North American Union perhaps under some less intrusive term such as “Prime Minister or Chairman”.

It is clear that the web of the U.S. Federal Empire has so permeated the Federal laws and so subverted their Constitution and has allowed corruption to become so embedded, that reforming and salvaging the United States as a whole is out of the question. However, there is a real chance for saving the Southern States via the Confederate States of America. The treasonous conspirators who include the President of the United States and his cabinet as well as most members of congress have sold out the Nation of our forefathers to Mexico, Canada and the Socialists in the United States to create, in 2007, the North American Union. This will be a new Nation imposed over all of North America which shall be ruled by a three man presidency.

The National Government of the Confederate States of America never surrendered nor has a peace treaty been signed. The States that were part of the Confederacy in 1861-1865, also never surrendered as Confederate State governments, but their officials were driven out of the various State houses by Yankee troops and replaced by Federal Union appointments of Satellite Governors, staff, and Legislators therein.

Clearly, this was not done according to the will of the people in those Southern States and was therefore not their legitimate State governments. The legally elected Confederate State Government officials having been forcibly removed from the State Capital Buildings, were replaced illegally, without Jurisdiction, by appointees of the Federal Union in Washington, D.C. Those ejected, but legally elected State government officials simply faded into the neighborhoods and finally died of old age leaving their official seats of government dormant. These newly Washington appointed officials of the Satellite States changed the Confederate State Constitutions and then dutifully had their Satellite States rejoin the Federal Union, regardless of the will of the people therein. The United States falsely claimed to have ratified the 14^th Amendment forcing, without Jurisdiction, unconstitutional U.S. “National” Citizenship upon the disenfranchised Confederate Citizens.

As the years passed, harsh reconstruction was undertaken by the United States in these conquered areas while the Satellite State Governments began trying to appear to be the elected governments of the people. Yet, in reality, these Satellite States have been conducting affairs of their Satellite States as directed by Washington, D.C. This measure of control increased as the U.S. Department of Education dictated and partially funded the propagandist education of Southern children. Highway funds and other Federal Union grants to these Satellite States were and are conditioned upon compliance with the essentially dictatorial controls out of Washington and from the U. S. Congress, regardless of party, which amounts to extortion.

Fortunately, for all those States (not just those in the South) that would like to avoid being part of this conspiracy of surrender to the North American Union, such States can defeat much of the Federal Union plans by executing STATE NULLIFICATION of unconstitutional Federal laws, Presidential Executive Orders and Federal Court Orders. Nullification does not equal secession by those states who have never seceded from the Union, nor even secession by those Satellite States of the South unless military force is used to crush State Nullification, in which case secession might result out of necessity. Thus State Nullification is a powerful legal tool and can be an effective bar against unlawful Federal intrusion into our Southern States and an unconstitutional intrusion into the Northern States.

Meanwhile, C.S.A. Registered Citizens are conducting voter’s registration drives in the various Southern States to hold legal Constitutional Conventions to elect Confederate State governmental officers to re-staff the empty seats of the Confederate State Governments. For those Confederate States being re-staffed a most important legal requisite exists. The Federal Union completely lacks Jurisdiction to pass laws for the Confederate States of America (CSA), both in 1861 as well as the present moment. No U. S. Federal laws, nor Federal Court Decisions or Orders nor Presidential Proclamations or Executive Orders are valid in or over the Confederacy.

The Confederate States of America never surrendered as a Nation nor did the States therein. Although most military hostilities have ceased there

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has been no peace treaty signed to end the Lincoln war and establish terms of retribution and governance. Thus the Nation of the CSA still legally exists and presently operates on an interim basis. That presents a special problem for the United States in its wrongful and unlawful role as the occupational power over the CSA.

NO JURISDICTION exists for the United States or other nations to make treaties or laws that are binding in the territory of Confederate States of America nor over Confederate Citizens living therein. Instead of legal Jurisdiction, the Federal Union has resorted to dependency upon coercion, extortion with Federal grants and raw power with the hope that reconstructive education forced upon several generations has prepared the Confederates to accept this unlawful use of forced occupation and raw power as a substitute for the lack of Jurisdiction.

Those States and Territories of the Confederacy, once re-staffed, may themselves issue State Nullification of the North American Union treaty and other police state occupational edicts of the Federal Union. This will put the United States on official notice legally that the States issuing specific Nullification ordinances are not bound by such illegal laws and treaties over their territory and such are void and not to be obeyed. The police powers of the Nullifying states (Northern or Southern) may rightfully be employed along with their Sheriffs and National Guard to assure compliance with their Nullification edicts.

The re-staffed Confederate State governments may issue ordinances of Nullification whether or not their corresponding Satellite States issues any such ordinances of Nullification. Nullification issued by either the Satellite State or the Confederate State will establish legal notice of the lack of Jurisdiction or Constitutional violations to such outside nations or states attempting to enact treaties or laws or edicts of their own within the Confederate States or corresponding Satellite States so involved. Legal notice of such Nullification should be sent to the Secretary of State of the offending Nations.

The Court notes that there have been examples of counties nullifying laws or edicts of their own State which can be proper if the Citizens therein so desire and so elect in a county referendum or a county Constitutional Convention to Nullify, within their own county, their Satellite State’s or Confederate State’s offensive decision. One such example is Jones County, Mississippi who refused to abide in the Mississippi Ordinance of Secession and opted to stay out of the Lincoln war. It is well known that individuals, sometimes causing division within their own families, both in States of the North and of the South, joined the side of the Nation of their choice and some simply moved to a Territory or Nation not so involved in an attempt to avoid the war.

An example of State Nullification of an unconstitutional Federal court order is shown in the draft of the form below:

SUGGESTED NULLIFICATION OF UNCONSTITUTIONAL FEDERAL

COURT ORDER FOR THE GOVERNOR OF KENTUCKY

As Governor of the Commonwealth of Kentucky, I do hereby declare void and of no effect in Kentucky the unconstitutional decision issued by the U. S. Supreme Court, stating that the display of the Ten Commandments in two Court buildings in Kentucky violates the Constitutional prohibition of government endorsement of religion. This order itself was in violation of the First Amendment restricting government from infringing upon religion in any way and the Tenth and Eleventh Amendments of the Constitution of the United States because the Federal judiciary has no authority nor Jurisdiction to issue orders inside the Commonwealth of Kentucky. It is Nullified and stricken within Kentucky by State Executive Declaration.

Furthermore, the State Police are Ordered to provide security to any public buildings containing plaques or monuments of the Ten Commandments against any attempted violation of this declaration and the assistance of Local Sheriffs is requested in the enforcement of these State Orders.

All citizens of the Commonwealth of Kentucky are enjoined to honor this Declaration, but to also continue to honor and support the Constitution for the United States. The Commonwealth of Kentucky shall also continue to honor and support the Constitution for the United States and Constitutional Statutes thereof.

GIVEN under my hand and the Seal of the Governor, at the City of Frankfort, this day of May in the year of our Lord two thousand and six, and of the Commonwealth the two hundred and thirty.

WHEREAS, the State and the People herein have suffered a long train of abuse and attacks against their traditional values from the Judicial Branch of the federal government over the past several decades. The U. S. Supreme Court has made seriously wrong and out of step decisions against the traditional cultural values of the people. This has resulted in a steady loss of freedom of the people and security of the people from a tyrannical judiciary in Washington, D.C. and by the unconstitutional encroachment into State matters. And

WHEREAS, the mainspring of these abuses and attacks upon our State sovereignty and the traditional rights and values of the people of our States began in U. S. (Federal) District Courts. And,

WHEREAS, these Federal District Courts operate inside of our States without any Constitutional authority whatsoever, and the statute supposedly authorizing such District Courts called the Judiciary Act of 1789 was blatantly in violation of the Tenth and Eleventh Amendments to the Constitution for the United States as certified by the Congress and later ratified.

WHEREAS, the most recent of the unconstitutional Federal abuses heralded out of an unconstitutional Federal District Court in Kentucky alleging supposed Jurisdiction to rule against the display of the Ten Commandments in Kentucky Court House buildings illegally infringing upon religious matters in violation of the First Amendment as well as violations of the Tenth and Eleventh Amendments of the U. S. Constitution by ordering the removal of the frames containing the Ten Commandments from two Kentucky Court buildings.

THEREFORE, the Legislature of the Commonwealth of Kentucky, does hereby Nullify and declare void and of no effect in Kentucky on the ____ day of May, two thousand and six, the unconstitutional order issued by the unauthorized U. S. District Court in Kentucky, to remove the frames containing the Ten Commandments from public view. The order itself was in violation of the First Amendment to the U. S. Constitution and it came from a court not Constitutionally authorized to adjudicate inside the State according to the Tenth and Eleventh Amendments, thus the U. S. District Court Orders were not lawful.

Furthermore, it shall be unlawful for any official or private person within the Commonwealth of Kentucky to attempt to carry out any phase of this void court order. Conviction of persons for violation of this ordinance shall be deemed a felony of third degree. Any violation of this order shall be referred to the Attorney General of Kentucky who shall seek State grand jury indictments and prosecute the same against such persons violating this ordinance.

Speaker of the Kentucky House of Representatives President of the Kentucky Senate

Citizens supporting Ten Commandments display at their court houses could seek a Writ of Mandamus against the Governor, and the Attorney General of the Commonwealth of Kentucky to Nullify the unconstitutional invasion of the sovereignty of the Commonwealth of Kentucky by Federal Courts not authorized by the Constitution to have Jurisdiction therein.

For historical value, see South Carolina Ordinance of Nullification, November 24, 1832 entitled “An ordinance to nullify certain acts of the Congress of the United States, purporting to be laws laying duties and imposts on the importation of foreign commodities.”

See also, The Kentucky Resolutions of 1798. From Resolution #1 “whensoever the general government assumes undelegated powers, its acts are unauthoritative, void, and of no force: that to this compact each State acceded as a State, and is an integral part, its co-States forming, as to itself, the other party: that the government created by this compact was not made the exclusive or final judge of the extent of the powers delegated to itself; since that would have made its discretion, and not the Constitution, the measure of its powers; but that, as in all other cases of compact among powers having no common judge, each party has an equal right to judge for itself, as well of infractions as of the mode and measure of redress.”

1. For the present and near future, the various States in the South are Federal Union Satellite States which is an unlawful reality as part of the occupation of the un-surrendered Confederate States of America (C.S.A.) by the Federal Union. (U.S.A.) Yet, C.S.A. Registered Citizens, also holding 14^th amendment U. S. Citizenship, may vote assisting their respective Satellite States in introducing and passing appropriate Satellite State bills or ordinances of Nullification as needed, against unconstitutional United States laws such as the suspension of Habeas Corpus or otherwise undesirable laws such as the suspension of Posse Comitatus prohibition of military use with the United States for police action.

2. Northern States may pass ordinances of Nullification against unconstitutional United States laws using the various violations of the 1^st, 4^th, 5^th, 8^th,9^th and 10^th Amendments to the Constitution of the United States. The Declaration of Independence, which is comprehended and made Constitutional law by the Ninth and Tenth Amendments to the Constitution of the United States, claims for the people in the colonies (States) the right of abolishment, if necessary, of their Union ties. An ordinance of Nullification by a Northern State of the United States, however, need not seek abolishment by secession, but only of an unconstitutional Statute, Edict or Order from a Federal Court or an Executive Order from the President of Military Troops under his command.

3. Registered C.S.A. Citizens of those Southern States and Territories who have held their Constitutional Conventions and elected officers re-staffing their Confederate State governments, may request that the Governors and legislatures of those re-staffed Confederate States enact appropriate bills or ordinances of Nullification as needed regardless of similar action or lack thereof by the corresponding Satellite State. Re-staffed Confederate States, as such, should not attempt to rely on claims of violations of the Constitution of the United States since such claims would be irrelevant within the Nation as well as the States and Territories of the Confederate States of America. The Constitutions of foreign Nations simply do not apply in the Confederate States of America. Reliance must be upon the lack of Jurisdiction alone for Confederate State ordinances of Nullification in their States. The rights claimed in the Declaration of Independence by the good people of the Colonies were and are also claimed by the Citizens of the Confederate States of America in justification for their original secession.

4. It must be recognized, however, for the Confederate State government Nullifying a law or treaty in their territory, that absent liberation or otherwise the wielding of adequate power, enforcement or resistance of such nullified laws or treaties may not be feasible. Even if that is the case, such ordinances of Nullification may still serve as a legal notice of legal rejection by the violated Confederate State of such foreign Nation’s laws or treaties. The chance of resistance, however, becomes much greater if the corresponding Satellite State also passed similar Nullification ordinances as the two State governments may work together in resistance.

5. If the C.S.A. Registered Citizens of a Confederate State have held their Constitutional Convention and elected officers for the re-staffing of their State government then the Governor and legislature of that Confederate State may and should lodge the claim of Nullification and denial of Jurisdiction with the respective Secretaries of State against the Nation or Nations, including the United States, claiming treaty rights in their Confederate State. Such treaties and/or laws of such other Nations intruding upon that Confederate State, once Nullified, are null and void for lack of Jurisdiction and obeying such is unlawful.