Author of H.R. 1776
Gary De Capua
Bill of Rights Defense Committee
We The People: Senators and Representatives (`Executive', `Legislative', `Judicial Branches', and `State' )Affirmation and Record of Oath of Office Act of 2013 (Introduced by the People)
(a) Findings- We the People finds that--
(1) the Constitution requirement of Article 6; Section 3 is inherently Supreme in nature;
(2) affirmation is regularly administered before entering the Office of Public Trust;
(3) to the extent that the Constitutional requirement affirmation of the require oath, it arises out of and substantially connected to United States Code Title 5 Section 3331, which when viewed is the aggregated, substantially affects the Office of Public Trust;
(4) because the Executive, Legislative and Judicial Branches are so commingled, full regulation of bills entering into the house and senate requires the necessary regulation of strict Constitutional test;
(5) the Office of Public Trust hostility in the United States Congress is associated with the majority of the political manipulation of language, by obfuscation, less then half the laws passed in the last half century may meet the strict Constitutional test, and two-thirds of the laws passed in the last 41 years do not meet the strict Constitutional test is treacherous and causes violent injuries to the Constitution; and
(6) Historical fact, On June 8, 1789, James Madison introduced his proposed amendments to the Constitution, which would eventually become known as the Bill of Rights. On December 15, 1791, the new United States of America ratified the perpetual Bill of Rights, the first ten amendments to the U.S. Constitution, confirming the fundamental rights of its citizens. “So far as to satisfy the public mind that their liberties will be perpetual”, The Bill of Rights is perpetual as Mr. Madison argues during the Amendment to the Constitution debates on the Bill of Rights. The First Amendment guarantees freedom of religion, speech, and the press, and the rights of peaceful assembly and petition. Other amendments guarantee the rights of the people to form a "well-regulated militia," to keep and bear arms, the rights to private property, fair treatment for accused criminals, protection from unreasonable search and seizure, freedom from self-incrimination, a speedy and impartial jury trial, and representation by counsel. Infringement on the perpetual Bill of Rights is crossly misconstruction and abuse of power.
Preamble, THE Conventions of a number of the States, having at the time of adopting the Constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added: And as extending the ground of public confidence in the Government will best insure the beneficent ends of its institution.
(7) Recently, with the discovery and publication of a letter from the Library of Congress to Senator Dodd from July 1968 confirming his request to have a series of Nazi laws translated from documents provided by Senator Dodd, controversy has arisen as to how much of the Gun Control Act of 1968 was taken directly from gun registration laws enacted and enforced by the Nazis in Germany and areas under Nazi control. It is believed that Senator Dodd obtained copies of the Nazi laws while serving as a prosecutor at Nuremberg.
The Nazi Weapons Law of 1938 replaced a Law on Firearms and Ammunition of April 13, 1928. The 1928 law was enacted by a center-right, freely elected German government that wanted to curb "gang activity," violent street fights between Nazi party and Communist party thugs. All Jews were disqualified from owning any firearms. All firearm owners and their firearms had to be registered. "Gun control" did not save democracy in Germany. It helped to make sure that the toughest criminals, the Nazis, prevailed. The gun control act of 1968 must be repealed.
(8) During the Clinton-Gore administration an ominous gun ban measure was signed into law in 1996, 104th CONGRESS 2d Session S.1632 March 21, 1996 and 104th CONGRESS 2d Session H.R. 3455 May 14, 1996 as part of the TREASURY-POSTAL OMNIBUS APPROPRIATION BILL. This measure, the domestic violence gun ban, was named after its author, the Sen. Frank Lautenberg. This NEW law was annexed in U.S.C. 18 Sec. 922(d)(9) to disarmed people for life for minor offenses ‘misdemeanor’ that include pushing, shoving or, in some cases, even yelling at a family member. The Lautenberg gun ban's broad language is so expansive that unsuspecting parents have lost their Second Amendment rights for SIMPLY using legitimate corporal punishment in disciplining their children.
(9) Constitutional strictures, the Constitution of the United States of America, Article 1, Section 9, Clause 3, (Powers denied to Congress): "No bills of attainder or Ex Post Facto law shall be passed." This means that no person convicted of a criminal offense before the passage of the Lautenberg gun ban can be justly punished under Lautenberg's gun ban “has been” clause. IN THAT, LAUTENBERG'S GUN BAN IS AN EX POST FACTO LAW! Powers denied to Congress, is unlawful and, misconstruction and abuse of power.
(b) Sense of the People- It is the sense of the People that--
(1) repugnant laws is prevalent and widespread in and among the Congress, and it is usually possible to distinguish between Constitutional law(s) and repugnant law(s); and
(2) it is in the peoples interest and within the role of the States Government to ensure that the regulation of repugnant law(s) is uniform among the States, that law enforcement can quickly and effectively trace repugnant law(s) used in legislation, and that Senators and Representatives know how to use the political manipulation of language, by obfuscation, to encroach on the Constitution and perpetual Bill of Rights, and State Rights.
(c) Purposes- The purposes of this Act and the amendments made by this Act are--
(1) to protect the people against the unreasonable risk of injury to the perpetual ‘Bill of Rights’ and conspire against rights associated with repugnant law(s) of un-qualifying Senators and Representatives;
(2) to ensure that government of qualifying Senators, Representatives and Judicial Officers are knowledgeable in the Constitutional Rule of the Law, and expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses would be enforced;
(3) to restrict the misconstruction or abuse of government powers of un-qualifying Senators, Representatives and Judicial Officers prohibited by strict Constitutional law from introducing repugnant legislation; and
(4) to facilitate the tracing of the Framers Constitutional intents, Library of Congress: Farrand's Records, Journals of the Continental Congress, Elliot's Debates, The Debates in the Several State Conventions on the Adoption of the Federal Constitution and Charters of Freedom,
(a) In General- In this Act:
(1) EXECUTIVE; LEGISLATIVE; JUDICIAL BRANCHES; STATE- The terms `Executive', `Legislative', `Judicial Branches', and `State' have the meanings given to the Constitution of the Untied States of America, and those terms in section 3331 of title 5, United States Code; GOVERNMENT ORGANIZATION AND EMPLOYEES, PART III—EMPLOYEES, Subpart B--Employment and Retention, CHAPTER 33--EXAMINATION, SELECTION, AND PLACEMENT, SUBCHAPTER II--OATH OF OFFICE
. `Executive' excluded from 3331 of title 5, United Stated Code. `Executive' take the Constitutional Oath.
(2) QUALIFYING LEGISLATIVE; JUDICIAL BRANCHES - The term `qualifying legislative; judicial branches' has the meaning given the term in the Constitution and section 3331 of title 5, United States Code, as amended by subsection of this section.
(b) Amendment to Title 5, United States Code- Section 3331 of title 5, United States Code, is amended by adding at the end the following:
`(3) The term `qualifying legislative; judicial branches'--
`(i) any governmental: elected or appointed to an Office of Honor or Profit in Civil Service or,
`(ii) any uniform officer that can accept any compensation amenities for payment; and
`(B) does not include any gifts.'.
Section 3331 of title 5, United States Code, is amended by adding at the end the following:
`(aa) Affirmation Requirement-
`(1) IN GENERAL- It shall be unlawful for any governmental official Executive' included, Legislative, Judicial Branches, or Uniform Officers, and State government to violate the Office of Public Trust on or after taking the required lawful ‘Oath’ and Constitutional ‘Oath’--
`(A) the Constitution requirement of Article 6; Section 3 and the Constitution Oath is inherently Supreme in nature; or
`(B) the Constitution and section 3331(a) of title 5, United States Code, Affirmation and Record of Oath of Office Act of 2013.
‘(C) Crimes and Punishments: It shall be unlawful for any Govenmental official; elected or appointed to an Office of Honor or Profit in Civil Service or Uniformed Services to Dishonor and Disloyal to the Constitution of the United States of America, and including ‘perpetual Bill of Rights’ for misconstruction or abuse of its powers;
‘(E) Crimes, under Title 18 U.S.C. §1621 Perjury, 18 U.S.C. CHAPTER 93 - PUBLIC OFFICERS AND EMPLOYEES Section 1918. Disloyalty and asserting the right to strike against the Government, 18 U.S.C. Sec. 241 - 242. and,
5 U.S.C. Sec. 8312 TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES PART III - EMPLOYEES Subpart G - Insurance and Annuities CHAPTER 83 - RETIREMENT SUBCHAPTER II - FORFEITURE OF ANNUITIES AND RETIRED PAY; Sec. 8312. Conviction of certain offenses (a) (3) Perjury committed under the statutes of the United States or the District of Columbia –
C) section 2381 (treason), 2382 (misprision of treason), 2383 (rebellion or insurrection), 2384 (seditious conspiracy), 2385 (advocating overthrow of government), 2387 (activities affecting armed forces generally), 2388 (activities affecting armed forces during war), 2389 (recruiting for service against United States), or 2390 (enlistment to serve against United States), of chapter 115 (relating to treason, sedition, and subversive activities) of title 18;
Punishments: punishable by 5 years in federal prison a $10,000 fine and prohibited from holding any office of the ‘Public Trust’, uniform or civil services in the United States of America or it’s Territories.
`(2) APPLICABLE DATE- In this subsection, the term `applicable date' means--
`(A) with respect to a qualifying elected or appointed to an office of honor or profit in the civil service or uniformed services that is acquired by the elected or appointed to an office of honor or profit in the civil service or uniformed services before the date of the enactment of Affirmation and Record of Oath of Office Act of 2013, 2 years after such date of enactment; and
`(B) with respect to a qualifying elected or appointed to an office of honor or profit in the civil service or uniformed services that is acquired by the elected or appointed to an office of honor or profit in the civil service or uniformed services on or after the date of the enactment of Affirmation and Record of Oath of Office Act of 2013, 1 year after such date of enactment.'.
(a) In General- In order to be issued the required lawful ‘Oath’ under this title, a qualifying elected or appointed to an office of honor or profit in the civil service or uniformed services that is acquired by the elected or appointed to an office of honor or profit in the civil service or uniformed services shall submit to the Attorney General (in accordance with the regulations promulgated under subsection (b)) an application, which shall include--
(1) a signed document of the lawful oath;
(2) the name, address, and date and place of birth of the applicant;
(3) any other name that the applicant has ever used or by which the applicant has ever been known;
(4) a clear thumb print of the applicant, which shall be made when, and in the presence of the entity to whom, the application is submitted;
(5) with respect to each category of a qualifying elected or appointed to an office of honor or profit in the civil service or uniformed services that is acquired by the elected or appointed to an office of honor or profit in the civil service or uniformed services prohibited by Federal Constitution, or by the law of the State of residence of the applicant, from obtaining a ‘Oath’, a statement that the individual is not a person prohibited from obtaining a ‘Oath’;
(6) a certification by the applicant that the applicant will keep at all times a pocket version of the Constitution, perpetual Bill of Rights and ‘Oath’ safely stored in his/her possession;
(7) a certificate attesting to the completion at the time of taking the lawful ‘Oath’ of a written Constitution examination, which shall test the knowledge and ability of the applicant regarding--
(A) encroachments on the Constitution and perpetual Bill of Rights;
(B) the understanding of the Constitution and perpetual Bill of Rights;
(C) the use of the Library of Congress for research and the genies of the law and the risks associated with such use;
(D) the legal responsibilities of the elected or appointed to an office of honor or profit in the civil service or uniformed services, including Federal, State, and local laws relating to requirements for the Constitution and perpetual Bill of Rights, and relating to reporting requirements with respect to limited government; and
(E) any other subjects, as the Attorney General determines to be appropriate;
(8) an authorization by the applicant to release to the Attorney General or an authorized representative of the Attorney General any mental health records pertaining to the applicant;
(9) the date on which the application was submitted; and
(10) the signature of the applicant.
(b) Regulations Governing Submission- The Attorney General shall promulgate regulations specifying procedures for the submission of applications to the Attorney General under this section, which regulations shall--
(1) provide for submission of the application through the Secretary or an office or agency of the Federal Government designated by the Attorney General;
(2) require the applicant to provide a valid identification document (as defined in section 1028(d)(2) of title 18, United States Code) of the applicant, containing a photograph of the applicant, to the Secretary or to the office or agency of the Federal Government, as applicable, at the time of submission of the application to that, office, or agency; and
(3) require that a completed application be forwarded to the Attorney General not later than 48 hours after the application is submitted to the Secretary or office or agency of the Federal Government, as applicable.
(1) IN GENERAL- The Attorney General shall charge and collect from each applicant for a license under this title a fee in an amount determined in accordance with paragraph (2).
(2) FEE AMOUNT- The amount of the fee collected under this subsection shall be not less than the amount determined by the Attorney General to be necessary to ensure that the total amount of all fees collected under this subsection during a fiscal year is sufficient to cover the costs of carrying out this title during that fiscal year, except that such amount shall not exceed $250.