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The unanimous Declaration of the thirteen united States of America,

"We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.--That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, --That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness."

Tuesday, December 28, 2010

POST: CONSTITUTIONAL CITIZENS

CITIZENS OF THE CONSTITUTION OF SEPTEMBER 17, 1787: CITIZEN OF THE UNITED STATES

The first citizens mentioned in the Constitution of September 17, 1787 are the members of Congress.  That Constitution requires Representatives in Article I Section 2 Clause 2 and Senators in Article I Section 3 Clause 3 to be Citizens of the United States. A Representative must be a Citizen of the United States for 7 years and a Senator must be a Citizen of the United States for 9 years.

The Constitution of September 17, 1787, also, requires a Representative to "be an Inhabitant of that State in which he shall be chosen," which precludes any requirement that a Representative, also, be a citizen of that State in which he shall be chosen. A Senator must, also, "when elected be an Inhabitant of that State for which he shall be chosen."

What is a Citizen of the United States?  As any State citizen must owe exclusive allegiance to a State, members of Congress must owe allegiance to the Confederacy above anyone of thirteen original States.  A Representative or Senator must declare himself and be only a Citizen of the United States of America.  Such a declaration is never made by any member of Congress, because the Constitution of September 17, 1787 is never adopted by a legitimate Congress and first President, who must reside within the United States for 14 Years, which would be July 4, 1790.

The Confederacy known as the United States of America was established on March 1, 1781, when Maryland became the thirteenth and last State of the original thirteen to ratify the Articles of Confederation of November 15, 1777, and is, thereafter recognized by other nation States of the world.  Nine years from March 1, 1781 the first Senators would be able to meet the qualifications for Senators set out in Article I Section 3 Clause 3.

The Constitution of September 17, 1787 was established between the first nine States ratifying that Constitution, which occurred on June 21, 1788.  No Representative or Senator could satisfy the citizenship requirements set out in Article I of the Constitution of September 17, 1787.

A "Citizen of the United States," which both a Representative and a Senator must be, can only owe allegiance to the Articles of Confederation of November 15, 1777, as the Constitution of September 17, 1787 can only be adopted by Senators taking a written oath after March 1, 1790.  The person who is to fill the Article II Section 1 Clause 5 Office of President can only do so 14 Years after July 4, 1776, which would be July 4, 1790.

Although the Constitution of September 17, 1787 clearly requires Representatives and Senators to be Citizens of the United States, which would mean owing allegiance to the Confederacy and the Articles of Confederation of November 15, 1777.  No member of Congress and no President is ever held to that requirement.  The failure of Congress and the President to meet and qualify pursuant to the Constitution of September 17, 1787 prevents the adoption of that Constitution.

Dr. Eduardo M. Rivera
http://www.edrivera.com/

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