Category Archives: Unreasonable Rules
Common Law Practical Solutions
TenPenny & Associates Weigh In
How to Decline Vaccines
Voice Your Concerns!
The Next Rally in Augusta is May 30th, 2020 at noon. Bring your signs and let the Governor know your concerns!
Understanding title 37-B
In order to understand the reason we have the leadership crises at hand during COVID, read these sections of title 37-B
37-B, chap 13.
- sec. 703 Definitions: Sub Sec 2 Disaster & sec 6 recovery. 2. Disaster. “Disaster” means the occurrence or imminent threat of widespread or severe damage, injury or loss of life or property resulting from any natural or man-made cause, including, but not limited to, fire, flood, earthquake, wind, storm, wave action, oil spill or other water contamination requiring emergency action to avert danger or damage, epidemic, extreme public health emergency pursuant to Title 22, section 802, subsection 2-A, air contamination, blight, drought, critical material shortage, infestation, explosion, riot or hostile military or paramilitary action.
Sec 6. Recovery. “Recovery” means activities that, in the short term, return vital life support systems to minimum operating standards and, in the long term, redevelop a disaster area to preexisting conditions or to conditions that are less disaster prone and activities that assist families and businesses to return to a normal or improved state of being. - sec. 705 Appeals: The director shall adopt reasonable rules to carry out this chapter in accordance with the Maine Administrative Procedure Act, Title 5, chapter 375, subchapter II. Those rules shall not become effective until approved in writing by the Governor. [PL 1983, c. 460, §3 (NEW).]Any person aggrieved by rule or an act or order of the director enforcing a rule may appeal by filing a complaint in the Superior Court within 30 days. The court may affirm or reverse the rule, act or order of the director and the decision of the court shall be final.
- sec 741 Governors powers: http://legislature.maine.gov/statutes/37-B/title37-Bsec741.html
- sec 742 Emergency Proclamation: http://legislature.maine.gov/statutes/37-B/title37-Bsec742.html
- sec 743 termination o Emergency: http://legislature.maine.gov/statutes/37-B/title37-Bsec743.html
Maine Constitution: https://www.maine.gov/legis/const/
Reps send Letter to AG Barr
On Monday, May 18, several Maine Republican legislators signed and sent a letter to Attorney General Barr asking Barr to look into the illegal actions of Governor Mills during the COVID scare. Breitbart news picked up the story (Download here)
Download the legislator’s letter here.
Listen to the video below on how you can get involved too:
contact your legislator
We the People have lost our way. It’s time we contact our legislative representatives and let them know how we feel about the COVID insanity perpetrated against Maine’s citizens. Download and send this letter today:
Date
Legislator Name
Address
Dear Reprentative/Senator xxxxxxx:
Dear Legislator Name:
You and some of your colleagues have rightfully expressed dismay over the unconstitutional, unauthorized actions committed by our governor. You, as legislators, pursuant to your oaths, must use solid constitutional positions to overcome the overreaching, draconian, possibly “legal”, but not lawful, actions taken by the governor. In most states, the state Constitution grants the authority for so-called “emergency powers” to the legislature, not the governor and must be based on a real, factually based, demonstrable emergency. Not so in Maine. The passage of Title 37-B effectively grants those emergency powers to Maine’s governor.
Further, such “emergency powers” cannot deprive citizens of their inherent, guaranteed rights and due process of law. All legislation must be passed by the legislature and be constitutionally compliant, specific to the Bill of Rights, or that legislation is not law, not binding upon the people; thus, not enforceable upon the people. The governor has no legislative authority whatsoever. Therefore, the governor has assumed powers not specifically delegated to her in the Constitution, thus, she stepped outside the limited, delegated scope of her lawful duties and authority. Further, the governor’s actions, pursuant to her oath, are unconstitutional, violate the inherent rights and due process of law guaranteed to the people of Maine, all of which violations are a matter of public record.
One of the most heinous acts ever perpetrated by government upon the people is economic violence, and that is exactly what Governor Mills has done through her harmful, damaging unconstitutional orders. All Americans are guaranteed the right to life, liberty and property, which cannot lawfully be taken from them except through due process of law.
The governor and the state of Maine have provided no due process whatsoever to the people they theoretically serve therefore, as stated above, the unconstitutional actions of the governor are lawfully null and void, absent any lawful force and effect, thus not binding upon the people. The governor has denied its citizens the right to earn a living, the right to sustain oneself and one’s family, the right to work and the right to operate businesses, all of which have egregiously harmed the people of Maine and the state itself.
All of this was done on a very questionable “health threat” whose actual harm has been far, far less than the “experts” and politicians claimed. Some well-respected doctors call this entire shutdown unnecessary, based upon a so-called “virus” which has never been properly isolated and identified. They question the lack of good science concerning this entire debacle and the medically unsound quarantine of healthy people in their homes. For the governor to do what she did, based upon a likely fraud, amounts to criminal actions against the people of Maine and she is directly responsible and must be held accountable for her actions.
Either the national Constitution is the Supreme Law of the Land, or the American governments are nothing but frauds. At this very crucial time, legislators who will support and uphold the Constitution(s) against unconstitutionally assumed authority and unconstitutional actions, must hold the governor, and those who support her, in violation of the Supreme Law, in perjury of her oath, in denial of inherent rights and due process secured in the Constitutions, then, lawfully remove her from office pursuant to the self-executing Sections 3 & 4 of the 14th Amendment to the national Constitution.
Whenever there is a constitutional violation, there is always a constitutional remedy and Sections 3 & 4 of the 14th Amendment provide this remedy. Those legislators, who support and lawfully enforce this constitutional position and remove the governor for her unconstitutional actions, act in the best interests of the people of Maine. Those legislators who would oppose such actions, pursuant to their oaths, publicly support the unconstitutional actions of the governor, therefore aid and abet them, thus, declaring themselves to be domestic enemies masquerading as public officers.
Long ago, Jefferson warned us to oppose all enemies of this Republic, both foreign and domestic. As Cicero said, the enemy within is more insidious because of his surreptitious nature. Jefferson also said that the people have the right to alter or abolish unjust government. Nothing is more unjust than a government that deprives its people of their inherent constitutionally guaranteed rights and due process of law. Such actions are not only heinous, but are emblematic of tyrannical dictatorial nations, an ugly reality which is fast becoming America, unless you, as a representative of the people, and the people, themselves, take lawful effective action to stop these crimes against we the people.
Attached below is a constitutional remedy for tyrannical constitutional violations which have been sent to various sheriffs around the state who have stated they will not enforce unconstitutional orders and have been asked to interpose to protect Maine citizens. The question is obvious: will the Maine Legislature honor the Constitutions, honor their oaths, honor the people of Maine and remove a governor who wars against the Constitution and the people she was elected to serve, or not?
America is watching.
Sincerely,
Your Name and City
attach: For Sheriffs and the Maine Legislature
Find Their Address
For Sheriffs and the Maine Legislature
Sheriffs, upon complaints by committed American Citizens in their jurisdictions who file against public officers who have violated and perjured their oaths in any manner, specifically, by voting for unconstitutional legislation and/or initiating unconstitutional “executive orders” and “emergency powers”, should arrest those identified by complainants.
The American people are guaranteed life, liberty and property which cannot be lawfully taken from them except through due process of law. Any legislative action, as well as any so-called “executive orders” and “emergency powers” that deprive the American people of their constitutionally-guaranteed due process and inherent rights, are null and void, without any lawful force and effect whatsoever, are not binding upon the people, and are not lawfully enforceable upon the people.
Further, the unconstitutional actions by the public officers invoke the self-executing Sections 3 & 4 of the 14th Amendment, by which the errant public officers immediately VACATED their offices upon the commission of their crimes against the people and the Constitution(s), and forfeited all benefits thereof. Their actions demonstrate that they are domestic enemies to the people and to America, and thus must be immediately removed from office pursuant to constitutional requirements. Jefferson warned us to oppose all enemies of this Republic, both foreign and domestic. Domestic enemies who routinely violate the Constitution(s), due process, their oaths, and the rights guaranteed to the people, have already lawfully vacated their offices. Therefore, they cannot execute any duties of their former offices and they cannot lawfully remain in office and in positions of trust.
With criminal complaints in hand and Constitutional authorities, pursuant to the referenced sections, sheriffs can lawfully arrest the errant public officers and, if necessary, can deputize large numbers of committed Citizens willing to assist the sheriffs to fulfill their Constitutional duties on behalf of the people and their Constitutions.
I urge the County Sheriffs of Maine to uphold our Constitutions and lawfully arrest any errant public officers so identified, to include the Governor so that Constitutional order can be brought back to Maine citizens. If the Maine Senate President and House Speaker should reconvene the Legislature for the sole purpose of starting Impeachment proceedings under Maine Constitution, Art IX, Section 5, Removal by Impeachment, against Governor Mills, I expect full support by the County Sheriffs of Maine in carrying out these actions.
Send a letter to your county sheriff
To Maine Legislators
To the Honorable Members of the Maine Legislature
We are writing not to cast aspersions yet rather discuss powers you may not be aware of that you have as individual legislators. Under the doctrine of lesser magistrates (power given to you as an elected civic official), you have the power of interposition. (well founded by Jefferson)
As an interposer, your duties include:
1) To oppose and resist any laws or edicts from the higher authority that contravene the law or Wordof God (remember your oaths, so help me God- if you said it).
2) To protect the person, liberty, and property of those who reside within their jurisdiction from anyunjust or immoral laws or actions by a higher authority.
3) You are not to implement any laws or decrees made by the higher authority that violate the Constitution, and if necessary, resist them.
Fact: Stores in Maine Counties have posted on their doors that masks are required to enter, and it is STATE LAW.
Non-essential businesses are still closed, citizens required to stay home and more. We didn’t know the Legislature abrogated its sole power under Article IV, Part 3, Section 1 “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” to the Governor under an emergency.
Attorney General Barr has already stated publicly that the US Constitution is still in force during emergencies. Our question to all of you, is the Maine Constitution still if force? See our post on contacting AG Barr.
The Governor shut both the Legislative and Judicial Departments ( you can thank former Governor LePage for this) of having any role with the Executive during disasters when Title 37-B was passed and when LePage signed off on the state’s Comprehensive Emergency Response Plan (both depts have no roles for response and recovery). In fact, the plan is completely silent to training, exercising, responding and recovering from a Pandemic. There is not an Interagency Recovery Plan (posted online only as under revision) either.
It seems Governor Mills is operating by the seat of her pants, so to speak. The question is whether this is deliberate or just plain stupidity, either way, it will have to be fixed moving forward.
As lessor magistrates, you have constitutional precedent and law on your side. The Governor cannot dictate to any person, business, or entity that it’s now state law to stay at home, wear masks, and post placards that it is STATE LAW when it isn’t. A recent case in Florida involving an owner who opened a non-essential business was just dismissed as they know he had a constitutional right to do it. Governor Mills’ actions are unconstitutional and must not be allowed to stand.
We don’t believe the legislature, as a full group, will have any success in the near term to deal with this. Civil actions, lawsuits, or whatever you may be working to stop Governor Mills is going to take time we don’t have to save the state.
So, here’s our suggestion:
- You all contact the County EMA Directors, ask him/her, if your county was ever “beyond local control” to respond to COVID? We suspect no.
- You each call a press conference in your district, invite local media.
- During said conference, you denounce the Governor’s actions and call her out under US Code 18, Section 242, and
Article IV, Part 3, Section 1 for dictating unlawful orders/edicts to your district’s citizens - Declare your district 100% open for business and if the Governor attempts to send her goon squads in to prevent business owners from operating, contact the Sheriff’s office for interposition. They are on solid Constitutional ground also to interpose for your county against Augusta, and we suspect they’ll do the right thing.
That’s how we see it. You may be neutered as a collective legislative body right now, yet as individual lessor magistrates duly elected by your district voters, you have the power to do this.
Maine Legislators, the ball’s in your court folks….stop this insanity….
For Maine citizens reading this, send this post to them:
https://www.mainerepublic.com/to-maine-legislators/
Federal Law
18 U.S. Code § 242. Deprivation of rights under color of law
Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any person in any State, Territory, Commonwealth, Possession, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States, or to different punishments, pains, or penalties, on account of such person being an alien, or by reason of his color, or race, than are prescribed for the punishment of citizens, shall be fined under this title or imprisoned not more than one year, or both; and if bodily injury results from the acts committed in violation of this section or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire, shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse, or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under this title, or imprisoned for any term of years or for life, or both, or may be sentenced to death.
(June 25, 1948, ch. 645, 62 Stat. 696; Pub. L. 90–284, title I, § 103(b), Apr. 11, 1968, 82 Stat. 75; Pub. L. 100–690, title VII, § 7019, Nov. 18, 1988, 102 Stat. 4396; Pub. L. 103–322, title VI, § 60006(b), title XXXII, §§ 320103(b), 320201(b), title XXXIII, § 330016(1)(H), Sept. 13, 1994, 108 Stat. 1970, 2109, 2113, 2147; Pub. L. 104–294, title VI, §§ 604(b)(14)(B), 607(a), Oct. 11, 1996, 110 Stat. 3507, 3511.)
Source: https://www.law.cornell.edu/uscode/text/18/242
Maine State Constitution
Article IV, Part Third, Section 1:
“The Legislature, with the exceptions hereinafter stated, 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.”
Source: https://www.maine.gov/legis/const/#a4
Contact aG Barr
From Cindy in Maine:
First and foremost…Governor Mill’s RULES are not LAW. That’s the stores imposing their logic to the executive order. Mills DOES NOT HAVE THE POWER TO MAKE LAW. I’ve been entering stores without masks and without explanation.
My husband Chris, a legislator, has been telling those who have called objecting to the Amish attending church, to attend their own. Stop being sheep and start being Americans. It’s obvious that the legislators who agree with this have already done what you suggest. A handful of them routinely oppose tax increases, abortions, death with dignity…
Hopefully the good that will come from this pandemic is what had been going on behind closed doors. The ONLY reason our so-called leadership has even spoken out is because OUR voices have been heard and awoken many voices in THEIR district. Or they would’ve continued to ignore us.They no longer can. For any Maine business owners/managers/workers who believes Governor Janet Mills has gone-too-far, our U.S. Attorney General (William Barr) deserves to hear from you.
Please take a minute right now and send him a personal message. For your convenience, here’s a link to his contact information: https://www.justice.gov/contact-us
To send him an email message, just click on the above link; then click on “CONTACT US”; enter your contact information; then choose the general topic of your message. I’d encourage you to scroll down the list and choose “Message to the Attorney General” to help ensure he gets it; and then enter your message to AG Barr; and finally just hit “SUBMIT” at the bottom of page. DONE! -From Cindy Johanesn, Monticello