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The 1957 Georgia Memorial to Congress

Joint Resolution of the Georgia General Assembly Mar. 8, 1957

MEMORIAL TO CONGRESS -- FOURTEENTH AND FIFTEENTH AMENDMENTS TO U.S. CONSTITUTION BE DECLARED VOID.

No. 45 (Senate Resolution No. 39).

A Resolution.

A memorial to the Congress of the United States of America urging them to enact such legislation as they may deem fit to declare that the 14th and 15th amendments to the Constitution of the United States were never validly adopted and that they are null and void and of no effect.

Whereas, the State of Georgia together with the ten other Southern States declared to have been lately in rebellion against the United States, following the termination of hostilities in 1865, met all the conditions laid down by the President of the United States, in the exercise of his Constitutional powers to recognize the governments of states, domestic as well as foreign, for the resumption of practical relations with the Government of the United States, and at the direction of the President did elect Senators and Representatives to the 19th Congress of the United States, as a State and States in proper Constitutional relation to the United States; and

Whereas, when the duty elected Senators and Representatives appeared in the Capitol of the United States to take their seats at the time for the opening of the 19th Congress, and again at the times for the opening of the 19th and the 21st Congresses, hostile majorities in both Houses refused to admit them to their seats in manifest violation of Articles I and V of the United States Constitution; and

Whereas, the said Congresses, not being constituted of Senators and Representatives from each State as required by the Supreme Law of the land, were not, in Constitutional contemplation, anything more than private assemblages unlawfully attempting to exercise the Legislative Power of the United States; and

Whereas, the so-called 19th Congress, which proposed to the Legislatures of the several States an amendment to the Constitution of the United States, known as the 14th Amendment, and the so-called 19th Congress, which proposed an amendment known as the 15th Amendment, were without lawful power to propose any amendment whatsoever to the Constitution; and

Whereas, two-thirds of the Members of the House of Representatives and of the Senate, as they should have been constituted, failed to vote for the submission of these amendments; and

Whereas, all proceedings subsequently flowing from these invalid proposals, purporting to establish the so-called 14th and 15th Amendments as valid parts of the Constitution, were null and void and of no effect from the beginning; and

Whereas, furthermore, when these invalid proposals were rejected by the General Assembly of the State of Georgia, and twelve other Southern States, as well as of sundry Northern States, the so-called 39th and 40th Congresses, in flagrant disregard of the United States Constitution, by the use of military force, dissolved the duly recognized States Governments in Georgia and nine of the other southern States and set up military occupation or puppet State governments, which compliantly ratified the invalid proposals, thereby making (at the point of the bayonet) a mockery of Section 4, Article IV of the Constitution, guaranteeing "to every State in this Union a Republican Form of Government," and guaranteeing protection to "each of them against invasion"; and

Whereas, further, the pretended ratification of the so-called 14th and 15th Amendments by Georgia and other States whose sovereign powers had been unlawfully seized by force of arms against the peace and dignity of the people of those States, were necessary to give color to the claim of the so-called 40th and 41st Congresses that these so-called amendments had been ratified by three-fourths of the States; and

Whereas, it is a well-established principle of law that the mere lapse of time does not confirm by common acquiescence an invalidly-enacted provision of law just as it does not repeal by general desuetude a provision validly enacted; and

Whereas, the continued recognition of the 14th and 15th Amendments as valid parts of the Constitution of the United States is incompatible with the present day position of the United States as the World's champion of Constitutional governments resting upon the consent of the people given through their lawful representatives;

Now, therefore, be it resolved by the General Assembly of the State of Georgia:

The Congress of the United States is hereby memorialized and respectfully urged to declare that the exclusions of the Southern Senators and Representatives from the 39th, 40th and 41st Congresses were malignant acts of arbitrary power and rendered those Congresses invalidly constituted; that the forms of law with which those invalid Congresses attempted to clothe the submission of the 14th and 15th amendments and to cloth the subsequent acts to compel unwilling States to ratify these invalidly proposed amendments, imparted no validity to these acts and amendments; and that the so-called 14th and 15th Amendments to the Constitution of the United States are null and void and of no effect.

Be it further resolved that copies of this memorial be transmitted forthwith by the Clerk of the House and the Secretary of the Senate of the State of Georgia to the President of the United States, the Chief Justice of the United States, the President of the Senate and the Speaker of the House of Representatives of Congress of the United States, and the Senators and Representatives in the Congress from the State of Georgia.

Approved March 8, 1957.

Source: Ga. Laws 1957, pp. 348-351. http://www.cviog.uga.edu/Projects/gainfo/1957.htm

Additional Legal Evidence Supporting the 1957 Georgia Memorial to Congress

IN THE SUPREME COURT FOR THE STATE OF UTAH

(Dyett v. Turner, 439 P2d 266 @ 269, 20 U2d 403 )

THE NON-RATIFICATION OF THE FOURTEENTH AMENDMENT

(Judge A.H. Ellett)

Conclusion

Under our form of government, every American (individually or by representation) is the high and supreme sovereign authority. The authority of each of the three departments of government is defined and established.

It is entirely fitting and proper to observe that in all instances between the States and the United States, and the People, there is no such thing as the idea of a compact between the People on one side and the Government on the other. The compact is that of the people with each other to produce and constitute a government.

To suggest that any government can be a party to a compact with the whole people is supposing it to have an existence before it can have a right to exist.

The only instance in which a compact can take place between the people and those who exercise the government, is that the people shall pay while they choose to employ them.

A Constitution is the property of the Nation and more specifically of the Individual, and not those who exercise the government. All the Constitutions of America are declared to be established in the authority of the People.

The authority of the Constitution is grounded upon the absolute, God-given free agency of each Individual, and this is the basis of all powers granted, reserved or withheld in the authorization of every word, phrase, clause or paragraph of the Constitution. Any attempt by Congress, the President or the Courts to limit, change or enlarge even the most claimed insignificant provision is therefore ultra vires and void ab initio.

No one applying the Constitution to any situation has any business, right or duty to look in any direction for sovereignty but toward the people. Any attempt or inclination to do so is a violation of one’s Oath and continuing duty to uphold, maintain and support the Constitution of the United States of America.

As the Thirteenth, Fourteenth, and Fifteenth Amendments to the United States Constitution are found to have been brought into effect outside the mandates of Article V of the United States Constitution, these three Amendments (as a franchise to the United States) must be forfeited as a case of perversion./116 An Amendment to the United States Constitution is not brought into effect through usage, by Acts of Congress, or by Opinions of Courts.

The federal Courts of the United States have found that questions of ratification of an Amendment to the United States Constitution are "political questions" to which the Courts will not address. According to the federal Courts, either the Congress of the United States or the States have the "textually demonstrable constitutional commitment of the issues" to determine the validity of the ratification votes cast on an Amendment.

The authority to determine the validity of the votes cast in ratification of an Amendment are with the States and more specific, with the Convention of the States, as the U.S. Constitution at Article V declares that it shall be the power of the legislatures of the States to ratify proposed Amendments and to call for Constitutional Conventions. The people have declared within Article IX of the Bill of Rights to the Constitution for the United States that those powers not delegated to the United States are reserved to the States.

As the federal Courts and the Congress of the United States have refused to determine the legitimacy of the ratification votes cast on the Civil War Amendments, it is proper and necessary for the legislatures of the States to question the Amendments. It appears from case law, the proper procedure would be for the legislatures of the several States to call for a "Constitutional Convention" for the purpose of making an investigation into the Amendments to determine if they were proposed and ratified in accordance to the provisions of the Constitution for the United States of America. It appears that only the "Convention" has the authority and power to act on questions with respect to matters of fraud, irregularity, or illegal practices in the conduct of Congress or the Legislatures. /117

Full Content of (Dyett v. Turner, 439 P2d 266 @ 269, 20 U2d 403 ): http://www.constitution.org/14ll/14th_amendment_dyett.htm#sdfootnote4anc

Waived Responses By Governments To Public Challenges Supports Georgia's 1957 Memorial

On March 8, 1995, Burk-Elder: Hale, Third (Elder Hale), National Director of the Fully Informed Grand Jurors Alliance (FIGJA), stood on the courthouse steps In Chattanooga, TN, read the 1957 Georgia Memorial to Congress, and no one responded to his challenge to refute the documents legal implications that there is no Lawful government in America. That day, the Chattanooga Times Free Press, the official public record for Hamilton County had an editorial that completely supported the information that he had provided. Elder Hale, an Elder of Clan na Gael and Scots-Irish Chief of Clan Hale, has appeared on court house steps, in commission meetings, and even at Wilder Tower in the Chickamauga & Chattanooga National Military Park stating the same facts and asking for responses (no response refuting the facts were ever made) to his challenges about the facts presented. Park Rangers almost arrested Elder Hale there, in nations largest military park, but the appearance of local television station reporters on the scene prompted park rangers to reconsider and Elder Hale simply walked away after "taking the field". Elder Hale has attempted to substantiate who the Lawful authorities are in America since 1990, and has not found any Lawful civil or military government in America after 17 years of diligent efforts in public.

Elder Hale has publicly claimed that "he so-called "Fourteenth Amendment" is an un-ratified, frauduent document subversively forced upon the American people by an unconstitutional military overthrow of the Lawful governmemnt of the united States of America and several State governments after the so-called "Civil War", proven by the unrefuted 1957 Georgia Memorial to Congress, and irrefutable evidence that the de facto government of the U.S. cannot be an example of representative government before the peoples of the Earth. On March 8, 2007 A.D the Georgia Memorial to Congress became an aged document, e.g., judicially notable for being unchallenged for 50 years. It is also a joint resolution approved by the Senate and House of Representatives of Georgia and approved by the Governor of Georgia, thereby giving it the force and effect of Law. The legal facts and legal implications speak to the apparent proof that the de facto federal government existing, after the unconstitutional military overthrow of the Lawful government of the united States of America in 1868, was and remains a subversive organization." http://www.rangeguide.net/figja.htm

• Proposed deletion as of 26 January 2007