A. Our Founders Defined Subversion And Sedition As Crimes, Including When By Government Officials
Our Founders defined the roles of our basic government institutions in our 1787 Constitution. They also defined the fundamental obligation of each and every elected official and officer at all levels of government in these United States of America:
“The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution; but no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States.” - Constitution Article IV section 3.
By 1803, they had defined defiance of our Constitution by any government officer as the crime of subversion. That’s the primary holding of Marbury v Madison, the topic of this webpage. It’s a crucial element of the entire corrupt pattern of conduct described across this website and in documents filed with our federal courts. Our federal courts, confirmed by members of the US Senate, have subverted their most basic constitutional duty to protect Americans from the secretly perpetrated corrupt and depraved acts of our government as required by our Bill of Rights, see https://banbrainhacks.org/courts-reject-federal-law
Congress and our line of modern Presidents have participated in this subversion, and have also aided federal court subversion of our unalienable rights by looking the other way when complaints are lodged. Systemic answers are readily available, see subheading B. Tools Useful For Accountability And Constructive Change at https://banbrainhacks.org/devices-change-minds%3F%3F They choose not to empower and fund these practical solutions for their own political and other motives https://banbrainhacks.org/executive-branch-failures
B. Marbury v. Madison Reaffirmed Our Unalienable Rights
Congress established by law our federal district and appeals courts which report to the constitutionally created Supreme Court. Congress sets all oaths, rules, procedures, budgets, and conditions of employment for all federal judges and for all federal courts other than the Supreme Court. Senators vote and confirm all federal judges to their lifetime appointments. The House and Senate Judiciary Committees oversee all the fact-finding district courts which conduct trials, and the appeals courts formed to oversee the fair and impartial administration of law by those district courts across 12 geographic regions.
In 1803, our Supreme Court affirmed unalienable individual rights, naming it "civil liberty" and "one of the first duties of government" under our Constitution, in one of the most important court decisions in our history as a nation:
Marbury v. Madison, 5 U.S. 137 (1803) was written by our fourth Supreme Court Chief Justice John Marshall, a former Revolutionary War Continental Army officer, as agreed by other justices. The complete text is at https://supreme.justia.com/cases/federal/us/5/137/ and in the pdf download at the bottom of this page. The key excerpts below describe basic constitutional duties and obligations of our federal courts and of federal judges to protect civil liberty, which our modern federal courts have subverted:
Quoting from page 163:
“The very essence of civil liberty certainly consists in the right of every individual to claim the protection of the laws whenever he receives an injury. One of the first duties of government is to afford that protection.
“The Government of the United States has been emphatically termed a government of laws, and not of men. It will certainly cease to deserve this high appellation if the laws furnish no remedy for the violation of a vested legal right.”
Quoting from page 166:
“But when the Legislature proceeds to impose on that officer other duties; when he is directed peremptorily to perform certain acts; when the rights of individuals are dependent on the performance of those acts; he is so far the officer of the law, is amenable to the laws for his conduct, and cannot at his discretion, sport away the vested rights of others.
“But where a specific duty is assigned by law, and individual rights depend upon the performance of that duty, it seems equally clear that the individual who considers himself injured has a right to resort to the laws of his country for a remedy.”
Quoting from page 178:
“Those, then, who controvert the principle that the Constitution is to be considered in court as a paramount law are reduced to the necessity of maintaining that courts must close their eyes on the Constitution, and see only the law.
“This doctrine would subvert the very foundation of all written Constitutions. It would declare that an act which, according to the principles and theory of our government, is entirely void, is yet, in practice, completely obligatory.”
Quoting from page 180:
“Why otherwise does it direct the judges to take an oath to support it? This oath certainly applies in an especial manner to their conduct in their official character. How immoral to impose it on them if they were to be used as the instruments, and the knowing instruments, for violating what they swear to support!
““I do solemnly swear that I will administer justice without respect to persons, and do equal right to the poor and to the rich; and that I will faithfully and impartially discharge all the duties incumbent on me as according to the best of my abilities and understanding, agreeably to the Constitution and laws of the United States."
“Why does a judge swear to discharge his duties agreeably to the Constitution of the United States if that Constitution forms no rule for his government? if it is closed upon him and cannot be inspected by him?
“If such be the real state of things, this is worse than solemn mockery. To prescribe or to take this oath becomes equally a crime.”
Our Founders anticipated these crimes (the specific term used above by the Supreme Court) and gave Congress the power to resolve them in our 1787 Constitution Article 1:
Section 2 paragraph 5: “The House of Representatives shall chuse their Speaker and other Officers; and shall have the sole Power of Impeachment.”
Section 3 paragraph 6, 7: “The Senate shall have the sole Power to try all Impeachments. When sitting for that Purpose, they shall be on Oath or Affirmation...... Judgment in Cases of Impeachment shall not extend further than to removal from Office, and disqualification to hold and enjoy any Office of honor, Trust or Profit under the United States: but the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law.”
C. But Congress And Presidents Sustain Our Subversive Modern Federal Courts For Their Political Convenience
“.....maintaining that courts must close their eyes on the Constitution....for the violation of a vested legal right....subvert(s) the very foundation of (our) written Constitution…. If such be the real state of things, this is worse than solemn mockery. To prescribe or to take this oath (of office) becomes equally a crime.” - paraphrased from Supreme Court excerpts above.
Such is “the real state of things” today – we live in a state of crimes against our rights and injuries against our “persons, houses, papers, and effects” specifically and deliberately perpetrated by our federal government police powers. The evidence is all across this website and across the patterns of systemic failure in modern America, wrought by Congress and our line of Presidents. They have failed to heed the words of our Founders and the warnings of General turned President Eisenhower who led the fight against militarized fascism in World War II, and warned of its continuing dangers at home and abroad. See his farewell speech at the black action bar at the bottom of the home page. https://banbrainhacks.org/project-mindbreaker
Working with the Senators from the several states, our federal courts have accomplished this very thing – subverting the foundation of our written Constitution. The Congressional Committees charged with oversight and with pursuing these crimes of subversion have also failed to act. The Judiciary Committees of the House and Senate have been assigned this solemn responsibility as it relates to federal judges who refuse rights recognized in our Constitution and affirmed in Marbury v Madison above. Congress created and assigned the civilian Department of Justice and military Judge Advocates General the duty to investigate and pursue such crimes where federal law has been violated. Neither Congress nor the Executive branch has taken any discernible tangible action to protect our constitutional rights from predatory federal police powers criminal programs hiding behind “state secret” privilege at any time in the past sixty plus years.
Effectively, our federal courts have extinguished our Bill of Rights and our other constitutional rights, including to be free from slavery and involuntary servitude (13th Amendment) and treated equally under law (14th Amendment). Any citizen seeking our certain unalienable rights, which the Supreme Court called “civil liberty” in Marbury v Madison above, has been denied mere access to argue in front of jury for their unalienable rights, which include trial by jury for injuries inflicted by a lawless and subversive government.
Over many years, cases against the crimes committed by government perpetrated against the People in programs it claims as state secrets – such as this illegal bioweapon and racketeering crimes program; MKUltra LSD druggings; and Cointelpro assaults on churches, civic, and social organizations, have been dismissed by our federal courts subverting vested legal rights. Only upon substantial public humiliation by the media have cases against other institutions, such as the Catholic Church and Boy Scouts, been successfully concluded in federal courts – but not against the corrupt and perpetual acts of wild federal overreach into the lives of the People such as those secret drug dealing crimes, secret thefts of property and rights, murder by misdirection or the hand of another, and other criminal acts described across this website, when perpetrated by the hand of our federal government police powers in secret.
“This is worse than solemn mockery.” According to our July 4, 1776 Declaration of Independence, “Governments are instituted among Men” to secure our “certain unalienable Rights.” This was no empty political posturing by our Founders, America’s original Patriots. These were not mere fireworks - one-quarter of those signers were killed by capture and torture, or by other acts of the King’s forces, during the Revolutionary War. As for our modern House and Senate – the Senate confirms our federal judges to office based upon the preferences of home state Senators, and neither House nor Senate has deigned to act to answer to We the People for these programmatic crimes against rights, nor crimes against judicial oath and our Constitution, as our elected representatives are constitutionally obligated to do.
It is our two elected Senators in each state who have the practical right to recommend and to veto all choices of federal judges in each of our respective states using Senate rules. NONE of these 20 federal district and appellate judges in this illegal bioweapon and racketeering crimes case would agree to undertake their basic judicial duty sworn on oath to hear these cases and appeals against our federal government. The Supreme Court simply looked away upon petition. From Congress, we hear deafening silence. Neither Senate nor House will take any action despite their constitutional duty to investigate and to impeach for these crimes (the specific term used by the Supreme Court on page 180 quoted above in Marbury v Madison) among judges in our federal courts – such is the truth of their decades of negligent failures to protect rights and ensure the integrity of our legal process.
D. Seditious Conspiracy - What Is It Really?
Congress defined the crime of seditious conspiracy at 18 U.S.C. § 2384:
“If two or more persons in any State or Territory, or in any place subject to the jurisdiction of the United States, conspire to …… by force to prevent, hinder, or delay the execution of any law of the United States, they shall each be fined under this title or imprisoned not more than twenty years, or both.”
Illegal human experiments, operation of an internationally banned offensive bioweapon against people, individual and en masse biohacking, and other racketeering acts against US persons are seditious acts against our Constitution which use "force to prevent, hinder, or delay the execution of any law" whether undertaken by any person or by the government itself acting outside its legal authority. 18 U.S.C. § 175 and the 1972 Bioweapon Treaty ban all such weapons and their delivery systems. The "state secret" privilege cannot be validly asserted to fraudulently conceal seditious and criminal acts by government.
The use of any offensive weapon against civilians absent legal authority, including any alleged delegated authority to use military satellites equipped with such weapons and/or their delivery systems to any non-military department or agency, further violates (a) posse comitatus law 18 U.S.C. § 1385, and violates (b) the sovereign civil authority and police powers granted to states to maintain public order, thereby violating (c) our Constitution's Tenth Amendment:
"The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."
This means our federal government has only the limited powers explicitly delegated to it by our ratified Constitution and the twenty-seven amendments our nation has ratified under the amendment process defined in Constitution Article V, beginning with the 1791 Bill of Rights. The federal powers of each of the three branches are constitutionally limited as summarized at https://banbrainhacks.org/congress-hapless-corrupt
E. So, Elected And Appointed Government Officials As Seditious Conspirators Is Not A Far-Fetched Idea At All
Under these legal definitions of subversion and sedition, US government biohacking of Americans in the US or international territory using its satellites are deliberate acts of force which prevent, hinder, and delay by force the enforcement of the absolute US ban on bioweapons and bioweapons delivery systems. The US government acts outside its "government of laws" (Marbury v. Madison, 1803) legal authority each and every time it violates our laws by force used against US persons or others. These illegal acts meet the specific legal standard for seditious conspiracy which Congress set forth in 18 U.S. Code § 2384 quoted above.
Criminal code 18 U.S.C. §§ 175-178 and the 1972 Bioweapon Treaty ban all such weapons and their delivery systems forever from any and all uses under all conditions – peace and war. The use of any banned offensive weapon against civilians absent legal authority, including any alleged delegated authority to use military satellites equipped with such weapons and/or their delivery systems to any non-military department or agency, also violates posse comitatus law 18 U.S.C. § 1385.
The "state secret" privilege, used to classify and protect national security secrets, cannot be validly asserted to fraudulently conceal injurious acts, nor to conceal seditious and criminal acts of government, according to our Supreme Court in US v. Reynolds (1953) and other caselaw. States also have a clear responsibility to see that federal laws and the constitutional rights of their citizens are respected within their state. For more information on these specific acts by government officials which comprise seditious conspiracy see https://banbrainhacks.org/1980s-%26-sedition-a-plan
F. Together Congress, Presidents, And Federal Courts Mock The American People And Our Constitution
“This doctrine (does) subvert the very foundation of (our) written Constitution…. “this is worse than solemn mockery”…..“for violating what they swear to support!” – the banishment of any of us to repetitive programmed penury, to be removed from family, property, religion, and employment, to be trafficked and falsely imprisoned, to have our lives extinguished by an invisible hand commanded by an act of Government As God – conducted by a federal government employee with police powers and secret connections to an illegal bioweapon team, or on request from any politician or well-connected political partisan - at any time and for all time, perpetrated by our government without notice, without grand jury charges, without due process or other right to contest, in an entirely arbitrary manner, and with no vested legal right to any remedy at any time? That is exactly the situation each one of us, and our children from birth, faces today. See https://banbrainhacks.org/1990s-prelude-to-9%2F11-1
________________________________________
G. Shall We the People of the United States agree to this continuing Congressional, line of Presidents, and judicial mockery and these crimes of subversion and sedition against us under our Constitution and our unalienable rights?
We have all witnessed Congressional and Presidential political posturing, partying, speechifying, and their organization of failed phony months-long "negotiations," incomplete partisan "investigations," and the orchestration of tie votes to dispose of politically inconvenient policy decisions which require members to choose leadership over cowardice. These do not count as Acts of a government created to protect unalienable rights, as “fixing the damned problem,” they count as failures to Act, as meaningless political posturing, and more evidence of two meaningless partisan political circuses of distraction. We have seen that aplenty from this bunch over the past many years since these particular problems of Government As God and racketeering crimes arose.
We can certainly do better than this. Replacing hyper-partisan Presidents, members of Congress, and state leaders - who have the authority to act but who refuse to act in accordance with our Constitution - is what remains for We the People to accomplish “for violating what they swear to support!” in their oaths of office and our laws. This includes Congressional leaders in both House and Senate, particularly including senior partisan leaders, chairs, and ranking members, of Armed Services, Intelligence, Homeland Security, Judiciary, Health and Human Services, Labor Committees, and the related Appropriations Committees which fund these operations across our federal government
This is the ONE thing that ONLY We the People can do to defeat subversion of our Constitution, of our rights, and of our broadly shared economic well-being, as a People and a nation. Let’s be about it. Peaceably and without threats or violence. We can do this!
Also at https://supreme.justia.com/cases/federal/us/5/137/
Download PDFBanBrainHacks.Org