Bond Federal Building
1400 New York Avenue, NW, Ninth Floor
Washington D.C.  20530

December 12, 2005

Dear Sir:.

I am writing this letter as a friend of the United States Constitution and a citizen of the United States of America. I am concerned the Supreme Law of the Land, The Constitution of the United States may have been violated concerning the military action against the nation of Iraq.

I am specifically referring to Article 1 Section 8, in part - To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water.I am not a Constitutional scholar, but it appears to me our legislative process for declaring war may have been corrupted.

As you are well aware the founding fathers organized the government so that one of the three branches wouldn’t have more power than the other.This “weak” division of power was designed to prevent one branch from, say the executive [President] from starting a war, without a “Declaration of War” from the Legislative [Congress].One branch of our government cannot exercise its powers over another or give them away.Our Founders divided war into two separate powers: Congress was given the power to declare war and the president was given the power to wage war. What that means is that under our system of government, the president cannot legally wage war against another nation in the absence of a declaration of war against that nation from Congress.

When Congress passed HJR 114 “Authorization For The Use of Military Force Against Iraq,” it violated, in my opinion, Article 1 Section 8 of the United States Constitution.Consider the words from “The Father of The Constitution, James Madison; “The Constitution expressly and exclusively vests in the Legislature the power of declaring a state of war [and] the power of raising armies. A delegation of such powers [to the president] would have struck, not only at the fabric of our Constitution, but at the foundation of all well organized and well checked governments. The separation of the power of declaring war from that of conducting it, is wisely contrived to exclude the danger of its being declared for the sake of its being conducted.”

HJR 114 is not and was not a “Declaration of War.”HJR 114 became “Public Law 107-243 "A Joint Resolution to authorize the use of United States Armed Forces against Iraq."[1]I believe this “law” is no law at all since it appears to violate the Supreme Law of The Land, The United States Constitution.Most of the reasons for attacking Iraq were given as eliminating Iraq’s Weapons of Mass Destruction (WMD’s).None (WMD’s) have been found, to date, in spite of thousands of personnel searching Iraq for more than two years!Given the amount of time and the serious consequences in terms of loss of life on both sides, cost of war and the lack of discovery of any WMD’s, might it be prudent to investigate the “Administration” for possible “Fraud Against America” as defined in USC Title 18 Section 371 Conspiracy to commit offense or to defraud United States: 

“If two or more persons conspire either to commit any offense against the United States, or to defraud the United States, or any 

agency thereof in any manner or for any purpose, and one or more of such persons do any act to effect the object of the conspiracy, each shall be fined under this title or imprisoned not more than five years, or both. If, however, the offense, the commission of which is the object of the conspiracy, is a misdemeanor only, the punishment for such conspiracy shall not exceed the maximum punishment provided for such misdemeanor.”

James Madison said: “Of all the enemies to public liberty war is, perhaps, the most to be dreaded, because it comprises and develops the germ of every other. War is the parent of armies; from these proceed debts and taxes; and armies, and debts, and taxes are the known instruments for bringing the many under the domination of the few.” 

I believe this statement reflects the current state of America.

The other day I read a statement that was reported to have been made by President Bush during a private meeting concerning the “Patriot Act.”When an aid mentioned parts of the PA might violate the US Constitution, Bush snapped back with the following, and I quote, http://www.capitolhillblue.com/artman/publish/article_7779.shtml

“Stop throwing the Constitution in my face,” Bush screamed back. “It’s just a goddamned piece of paper!”

If the above is true, it just might lend some credibility to the Administrations “mind set” when it comes to adhering to the US Constitution.

A few quotes for you, sir:

It cannot be assumed that the framers of the constitution and the people, who adopted it, did not intend that which is the plain import of the language used. When the language of the constitution is positive and free of all ambiguity, all courts are not at liberty, by a resort to the refinements of legal learning, to restrict its obvious meaning to avoid the hardships of particular cases. We must accept the constitution as it reads when its language is unambiguous, for it is the mandate of the sovereign power. — Cook vs. Iverson, 122, N.M. 251.

When any court violates the clean and unambiguous language of the Constitution, a fraud is perpetrated and no one is bound to obey it. — (See 16 Ma. Jur. 2d 177, 178) State v. Sutton, 63 Minn. 147, 65 NW 262, 30 L.R.A. 630 Am. St. 459.

"Good intentions will always be pleaded for every assumption of authority. It is hardly too strong to say that the Constitution was made to guard the people against the dangers of good intentions. There are men in all ages who mean to govern well, but they mean to govern. They promise to be good masters, but they mean to be masters."Daniel Webster

"America will never be destroyed from the outside. If we falter and lose our freedoms, it will be because we destroyed ourselves."  Abraham Lincoln

Sir, I don’t know if you will or know someone who would look into these matters for me.I am just a concerned citizen of America worried that the only real protection I and any other citizen has IS the United States Constitution and if it is being by-passed, this is a danger to every American, no matter how popular the “cause.”Please help restore the United States Constitution, if it is not to late.