Frequently Ask Questions:
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  1. What is a Constitution? Specifically, the Ohio Constitution is the fundamental document that defines the relationship between the people of Ohio and their State government. It is the primary agreement upon which the government must rely for its powers and authorities to act. Everything the government does must be in compliance with this agreement.
  2. What is the peoples’ relationship to government? Government in these united States of America is unique among the governments of the world. Our government structure places the people above government, for the people have the ultimate power to create, amend, or abolish it as they deem necessary. The sole purpose of our government is to protect the rights and liberties of the people. The people are subject to government only to the extent that they have collectively delegated certain powers for their own mutual benefit.
  3. What is Ohio’s relationship with the other States and federal government? While the people remain sovereign, that is, the ultimate authority, over the States, the States remain the ultimate authority over the federal government. The United States government was formed as a confederation, or Union, of the States. In forming the federal government, every State retains its independent sovereign status and influence. Federal matters are narrowly defined in the United States Constitution, and take precedence over the States only in those matters. Whatever powers not delegated to the federal government by the U.S. Constitution, remains with the States, or to the people, as applicable.
  4. How much power does the government have? State government has the power to do all things delegated, or permitted, by the people of the State. Likewise, federal government has the power to do all things delegated to it by the people through their State governments. The powers delegated are recorded in their respective Constitutions. No government has the power, or authority, to do anything not delegated to it by the people through the Constitution. And those matters so delegated, must be done in pursuit of the specific purposes defined, therein.
  5. Are there other agreements that affect government besides the Constitution? Yes. Governments sometimes enter into agreements that support their duties and responsibilities to the people. Such agreements may include private contracts with subcontractors, compacts with other States, or treaties with foreign nations. However, when entering into such agreements, they must be done in compliance with the Constitution in the best interests of the people. Contracts, compacts, and treaties that violate the intent of the Constitution are null and void.
  6. How do the laws made by government affect the people? Laws can be, both, public or private in nature. A public law is one that affects the general public, equally, such as not to commit murder or fraud. Private law applies to specific matters that affect only those people involved, such as banking laws that only affect the banking industry or social programs which affect only those who participate. Private laws usually require applications, registration, permits, or licensing. Laws may be enacted that create, abolish, mandate, prohibit, or regulate the affairs of government or the people according to the purposes so delegated.
  7. Can government enact any law it wants? No. In fact, there have been many laws enacted that have been determined to be unconstitutional. An unconstitutional law is not law – it is invalid, having no legal force or effect. In order to be a valid law, the law must be constitutionally compliant. One problem that currently exists is that the Ohio legislature can enact any law it chooses, and the law operates upon the people until someone challenges it and it is determined by the Supreme Court of Ohio to be unconstitutional. Another current problem is the principle of “tacit agreement” or “acquiescence by silence”, which means that once the people are noticed by government of some action, whether it is constitutional or not, the people are assumed to be in complete agreement with the action if they do not sufficiently object. This has resulted in the creation of many bad laws and abuse in government. There is no current self-regulating constitutional mandate for government to operate within the limits of our State constitution.
  8. How do the people know if a law is constitutional, or not? Currently, the only way to determine if a law is constitutional, or not, is by challenging the law before the Supreme Court of Ohio. To do so, you must be in a law suit in which the law being challenged is relevant. Of course, if you are knowledgeable about the Constitution, you may be able to determine in your own mind whether a particular provision of law is compliant. However, your personal interpretation will, most likely, not hold up in court without the Supreme Court’s agreement. There is no mandate that Ohio’s laws clearly state the constitutional authority upon which they rely or that such law has been deemed constitutionally compliant.
  9. Whose duty is it to make sure government complies with the Constitution? Ultimately, it is the duty of the people to hold their government in check. However, we believe that by putting specific mandates in our State Constitution, we can effectively provide a mechanism for government to be self-regulating, to some degree. The people should have the right to challenge any law, on its face, without being under the burden of a law suit. By invoking a duty that government operate solely within the intent of the Constitution and a duty to self-regulate, it reduces the abuse that can occur and provide the people with a mechanism for holding government accountable.
  10. What about the State’s interests? The State cannot have any interests of its own. Its sole purpose is to serve the people. Any interest the State has in property, etc., ultimately belongs to the people. When government is operated within its delegated powers and authorities, the system should run smoothly and without significant conflict. When governmental powers are abused, it results in the State placing the system in compromise. There can be no consideration for adversity to the State when holding government accountable. Adversity to the State would only exist when the system has been corrupted, such condition which must be corrected independent of the adversity.
  11. What laws are supreme, State or federal? This is an area of great confusion among people. Each jurisdiction (State and federal) has its own scope or sphere of influence. The federal government has supreme authority over all matters strictly delegated to it through the United States Constitution. Likewise, the States have supreme authority over all matters strictly delegated to it which are not in conflict with the United States Constitution. All matters not delegated remain with the people, themselves.
  12. What is the State’s duty to the people, in regard to federal laws? The State’s duty is to uphold the federal Constitution. However, when the federal government breaches its duty, State government has a duty to the people of Ohio to protect them from undue abuses or encroachments by the federal government.
  13. How is government held accountable? When we refer to government accountability, we are actually referring to our public servants in government. Government abuse can only occur when those acting in a governmental capacity abuse their respective powers and authorities. To hold them accountable, a mechanism in law must be implemented that punishes abusers. Additionally, it is important that the State monitor the actions of all public servants to ensure they do not injure the people in the performance of their duties and responsibilities. Finally, the people must retain the power to bring charges, under the force and due process of law, against any public servant who behaves badly in office. And, when such abuses are perpetrated intentionally in conflict with the Constitution, such offenses should be deemed as severe, in nature, and punished accordingly.
  14. What is the primary duty of a public servant? The primary duty of every public servant is to serve the people and execute the responsibilities of their position, faithfully, diligently, and prudently. They should be watchful for, report and challenge any abuses by government that could result in harm to the people and refuse to participate is such abuses. Every public servant owes its loyalty to the people they serve and must freely and promptly respond to any inquiry pertaining to their authority or duties and responsibilities of office.
  15. What is the purpose of the proposed Ohio Sovereignty Amendment? The purpose of the Ohio Sovereignty Amendment is to invoke, within the highest law of Ohio, mandates for government accountability, limitations upon government powers and authorities, declare in clear terms the relationship of the people to government, provide mechanisms that ensure good and transparent government, and ensure that all laws are constitutionally compliant before enacted and enforced against the people. The proposed amendment provides language that clearly defines government’s purpose, limitations, and duties.
  16. Isn’t the existing Constitution sufficient without the proposed amendment? No. If it were, we would not be experiencing many of the challenges we are now facing. Historically, the people have relied on interpretations by the Supreme Court of Ohio to determine the “implied” intent of the Constitution. Such interpretations are based on historical records by the Founding Fathers and other writings and early decisions by the courts. Although much of the proposed amendment is already recognized in law, it is hard to find by average people and is still left open for interpretation. Some of the mandates, such as government accountability and open challenge to the laws, are new, but based on sound principles of good government whose sole purpose is to serve the people.
  17. Doesn’t the proposed amendment too strictly restrain government? Not at all. The proposed amendment does not restrict the proper powers and authorities of government when operating within its proper capacity and limits. It only limits government abuse and holds public servants accountable when they violate the intent of the Constitution or their duties of office. By properly restraining government, the people preserve their rights and liberties.
  18. I have a problem with State government challenging the powers of the fed! You shouldn’t. It is the duty of the State to protect its people from all attacks against their rights and liberties, even those which include abuses perpetrated by the federal government. When the fed is operating within its proper limits, it serves the people. If the fed operates contrary to the benefit of the people, then it fails in its duty and should be liable for any injuries it causes. Today, we see a federal government running rampant and out of control. How do we stop it if not through the power and resources of the State? Violations of the Constitution are violation of the supreme law of the land, and no one is above the law, not even the federal government.
  19. What do you mean by, “Ohio laws may not be constitutionally compliant”? The process of enacting laws through the Ohio legislature has no provision to determine the constitutionality of any law. It is “assumed” that all constitutional mandates are considered by the various committees, but it is not required. The proposed amendment will make it clear that no law may be enacted if it does not comply with the Constitution, before enactment. This will require a strict and dedicated effort to satisfy compliance and reduce the abuse of an unconstitutional law upon the people.
  20. What happens if a law is deemed unconstitutional? Currently, government can continue on as if nothing has happened. The separation of powers forbids any branch of government to dictate to the other or exercise powers not with the scope of it own branch. Under the proposed amendment, all government activities affected by an unconstitutional or unlawful provision of law must immediately cease, for to continue would cause harm to the people.
  21. What is the process for holding government accountable? As with all processes in government, it must be accomplished in accordance with the due process of law. That means that a formal complaint must be filed, either with some agency or the court, and charges brought against the perpetrator. If it is a criminal offense, then a grand jury may be petitioned to determine if sufficient evidence exists to support the claim. In any case, the people have the right to bring charges when the evidence is sufficient to sustain the charge.
  22. What is meant by “those affected” by a law? Not every law operates on everybody. Private laws only operate on those who participate in the activity the law applies to. We believe it would be helpful for every law to clearly state whether it is “public” or “private”, “mandatory” or “voluntary”, etc. This way, the people can have a better understanding how the law applies to them, without having to consult an attorney. It will also help people from “volunteering” into activities they don’t want.
  23. What is the difference between the proposed amendment and a “Resolution”? The current “Resolutions”, whether from the House or Senate, have no force of law – they serve only as “notice” that the federal government is breaching the U.S. Constitution. By law, when someone is injuring you, it is proper to notify them so they have an opportunity to take voluntary corrective action. When they fail to take such action, their injuries to you are now done with knowledge, and they become culpable and liable. However, if there is no law to provide remedy, then the injury goes without satisfaction to the injured party. So, by putting the sovereignty and government accountability issues into enforceable law, it gives teeth to the remedy.
  24. Why is the proposed amendment going directly through the people? The matters of sovereignty and government accountability are too important to leave for the legislature to decide. Government is created by the people, so it is the peoples’ rightful duty to set appropriate limits upon government. You do not rely on your kids to discipline themselves, and the same goes for government. By taking these matters directly through the people and not the legislature, we eliminate the opportunity for the legislature to adversely distort the peoples’ intentions.
  25. How will the proposed amendment become law? The proposed amendment must acquire the support of at least 10% of the voters in order to qualify for placement on the ballot. That means we need a minimum of approximately 460,000 qualified signatures. Once it is on the ballot, the people of Ohio will vote to determine if the proposed amendment should be made into law. If sufficient votes prevail, then the proposed amendment will be incorporated into the Ohio Constitution and become part of Ohio’s supreme law.
  26. What if government fails to comply with the Constitutions? The people, acting collectively, hold the ultimate power over government. They must remember government is not a tangible thing; it is a mere fiction by agreement. When we talk of government, we refer to the men and women who serve in government positions. When these public servants abuse their authorities or fail to properly serve the people or use the mechanisms of government to promote their own interests, they must be removed from office and held accountable for violation of the law of the Constitution. When the system of government becomes so corrupted with laws, agencies and personnel that effectively destroy the constitutional intent of government, then the people must act swiftly and with focused intent to either restore the original intent or abolish the government, dissolving all agencies and rebuilding a new system with new leaders and new public servants who will uphold the will of the people. Fundamentally, when government loses focus of its most fundamental standards of ethical and moral responsibility, or operates in a manner that deprives the people of their natural rights and liberties, then it has become corrupt and must be abolished. This power was clearly stated in our Declaration of Independence and is preserved in our Constitution. The process of abolishing the government should be conducted through the mechanisms created for that purpose. However, those in power will strive to remain in power, and will likely use every resource they can acquire to retain it. History has proven that when those in government resist, only force can remove them, whether it be by due process of law or rebellion.
  27. What are the limits to which government can act? Many of our current leaders have mistakenly adopted the principle that their powers are unlimited except what has been specifically restricted by the Constitution. This is incorrect. History has demonstrated that the people restricted the powers of government only to those specifically granted or delegated by the Constitution. This means that government cannot do anything that is not permitted by the Constitution. Though some provisions tend to leave broad powers to government, in exercising such powers, government must do so only in compliance with the purposes set forth in the Constitution. The misinterpretation that government may act as it pleases has resulted in public servants acting in their own interests rather than the interests and benefit of the people.
  28. What is government’s principle duty to the people? Government has but one duty, and that is to protect the individual rights and liberties of the people. The courts have often said that “safety” is the ultimate responsibility to the people. That is incorrect. Safety is a subset of the people’s rights. Safety is the protection of one’s rights. If “safety”, alone, were the ultimate objective, then government could put us all in a box, or cage, or cell, or camp to protect us from harm. This notion is nonsense. We all have the right to life, and what is life if we are not free to exercise it. Absolutely, without doubt, the principle purpose of government is to protect our rights and liberties from all undue encumbrances. Don’t let anyone convince you, otherwise.
  29. What about government-held property and monetary funds? In order to perform the functions of government, government needs buildings, money, and other resources. These resources are acquired by and through government and held for those purposes. Though they are held by government, they actually belong to the people. There is nothing that government possesses that does not belong to the people. Government, in our system, can have no interests of its own. Its sole function is for the benefit of the people.
  30. What are Executive Orders? Executive Orders are proclamations issued by the governor or president to his agencies of the executive branch of government for the purpose of preserving the functions of government during an emergency situation or when immediate action is required. They are not to be enforced as general law, rather constitute a form of martial law.
  31. What duty or obligation do the people owe to government? Government is the creation of the people by contract, so to speak, how the people will live together in a society based on orderly conduct. To protect ourselves from those who would trespass against us, we have hired people and given them authority to hold the trespassers accountable for their misdeeds. The duty or obligation of the people is to obey the law and live in peace, causing harm to no one or their property. If we violate our own law, then we will be held accountable to it. Caution is in order, though. Our current situation has evolved such that the number of laws we must obey is so vast that not a single person could comprehend it in their lifetime. If such a law is not constitutionally compliant, there is no duty for the people to adhere to it. However, the proper place to challenge it is not on the street with a police officer. Rather, it is in the courts. If you believe you are victim to unlawful behavior perpetrated by a public servant, then you have the right to challenge such behavior and, if true, find remedy.
  32. What about unalienable rights? “Rights” are to be distinguished from “privileges”. Rights attach to the people by their mere existence, bestowed upon them by our Supreme Creator. “Privileges” are civil rights that are granted, and taken, by government. For example, the people have the right to life and all that it encompasses. Government grants people the privilege to drive a car through licensure. Unalienable rights, whether granted by God or government, are those over which government has no control – they cannot be taken away except by due course of law. They are said to be inviolate. Though government cannot deprive the people the free exercise of their rights, government can regulate HOW such rights are exercised so that the rights of others are not adversely affected. For example, government has no power to restrict a person from traveling. However, government may set conditions that prevent the person from harming others, such as speed limits, etc. This is an area where the powers of government can easily become abusive. It is the duty of everyone to guard and protect their rights. Finally, unalienable rights may not be waived or forfeited. A person may choose not to exercise them, but no law can prevent one from exercising an unalienable right, even under contract. A contract to take someone’s life, for example, is unlawful.
  33. What system of government does Ohio have? Many in government believe we are a democracy or represented democracy. This is false. The federal Constitution guarantees all the States a “Republican” form of government. The fundamental difference between a democracy and republic is that in a democracy, the people rule on every issue by majority vote, without regard to a base standard. In a democracy, everything is open to change. In a republic, the people have representatives who act as the peoples’ agents, and issues must remain in compliance with a fundamental standard upon which the society was founded. In a democracy, murder could be made lawful. But, in a republic where murder is fundamentally forbidden, it can not be made lawful. A democracy is a self-destructing form of government and will eventual implode due to its self-serving nature. A republic, when properly exercised, can endure, perpetually.
  34. What about emergency laws? Government has established a system of emergency laws that take effect whenever a matter of severe or critical importance occurs. Some emergencies have existed in the United States for decades, without resolve. We believe this is unacceptable. Every emergency should have a solution, and that solution must be pursued, diligently, so as to relieve the people of the burdens under emergency powers. Under an emergency situation, many of the peoples’ freedoms are substantially eroded or encumbered. The emergency powers of government provide a basis for government abuse.
  35. How will the proposed amendment help solve current public issues? Public issues can arise several different ways as a result of: (1) personal greed, (2) natural disasters, or (3) government abuse or neglect. Most of the issues we see, today, such as abortion, terrorism, banking, economy, labor, immigration, as so forth, are the direct result of government abuse and neglect. When government adheres to its proper functions and diligently exercises its duty, these issues would not materialize. Almost all of the above mentioned issues have occurred as a result of foreign influences that have corrupted our system of government through infiltration and misrepresentation. The people have been asleep, but now we are awake, and it is time to resolve these issues. The proposed amendment places strict mandates in the forefront of constitutional law and sets forth sanctions for those who abuse their public office.
  36. What happens if the proposed amendment fails? The proposed Ohio Sovereignty Amendment is the peoples’ attempt to reclaim their powers and authority over government and provide a clear mechanism for holding government accountable to the Constitutions. It clearly defines the limits of government powers and sets forth absolute power to sanction those who abuse their powers. Currently, there are no clear processes that provide the people the simple ability to restrict government by force of law which can be easily discernable and applied. Without this amendment and the force of positive law behind it, government will continue on its current path of destruction and abuse of the fundamental principles we hold dear as Americans. Erosion of our rights and liberties will continue, the global agenda will continue unchallenged, and the people will lose America country to foreigners. This amendment constitutes, in our opinion, a great stand by the people against tyranny, and it may be the last stand the people can exercise through law. If after passage of this amendment we observe continued abuse and usurpations by government contrary to the Constitution, it will be a clear indicator that those public servants elected to serve the people have another agenda. The proposed amendment cannot make it any plainer that government has defined limits and shall be held accountable when it exceeds those limits.
  37. How does the Constitution compare with acts of the legislature? The legislature has no power to enact any law without the authority of the Constitution. Every law the legislature creates is supposed to serve a constitutional purpose. Currently, all government employees and officials rely on the Ohio Revised Code as their authority in the exercise of their duties. Few of them are familiar with or strive to comply with the Constitution. The proposed amendment will put the Constitution back into the forefront of every government function and make it mandatory that all public servants comply with it, above any statute. If a law or regulation is without constitutional authority clearly stated within it, then it cannot be enforced against the people, and the people have no duty to comply with it. An unconstitutional act of the legislature is void and has no legal force or effect, whatsoever. Forced compliance to an unconstitutional law is a violation of the most-high order.
  38. How are grievances to government agencies to be handled? Currently, all grievances with Ohio law must be directed to the General Assembly or brought by a law suit in court. Under the proposed amendment, all public servants will be duty bound to communicate with the public concerning their authorities and responsibilities of office. This should help make government more approachable and transparent. It will also help to eliminate secret functions of government, for there is little cause for government to operate in secret. The people have a right to know essentially everything government does.
  39. What about government fraud? Much of the fraud in government stems from secret agendas, misrepresentation, and misapplication of law. One of the objectives of the proposed amendment is to reduce or eliminate such practices for the purpose of good and honest government, properly exercised for the benefit of the people and not private interests.
  40. Does the proposed amendment imply that the state of Ohio would be authorized to use force against the federal government?
  41. Aren’t you afraid you might get assassinated over your involvement in this proposal?
    Again, a delicate response is in order. Who would have cause to harm us for exercising our rights secured under the state and federal Constitutions? To answer this question, let’s speculate who might be offended or interrupted by our activities. The proposed amendment will re-establish proper order between the people and government and between the states and the federal government. It will require all government activities be compliant with the state and federal Constitutions. It will promote the exercise of individual rights, due process of law, self-reliance, a balanced budget, a sound money system, non-interference in foreign affairs, the return of American industry, protection of our borders, and elimination a corporate favors. These consequences might offend people who do not want to be responsible for their own lives or people who profit off of the suffering and misery of others. The proposed amendment might offend people serving in government who want to exercise the powers of government for their own benefit. It might offend or interrupt any agenda designed to enslave the American people in perpetual indebtedness. It might interfere with the plans of those in high places to subdue America into a slave nation or to surrender our sovereignty to our creditors. It might even cause some nations to rethink any plans they have laid to conquer America and divide us up among the remaining powers of the world. Everyday, our soldiers risk being killed in the course of protecting our freedoms. But, they do it because they believe in the fundamental principles our Founding Fathers set forth to guide and protect us. We, as Citizens, have no less duty to protect our society than do our soldiers. When we stand united, secure in the knowledge that our causes are just and that by preserving our own freedom we in turn provide for security to the rest of the world, there can be no force or cause that would oppose us. We must live by the principle that our prosperity results in prosperity for all, that our freedom results in freedom for all, and that our survival results in the preservation of all. At no time ever before in the history of the world has any other nation been founded upon the principles of just government by, for and of the people with the ability to extend the fruits of its labors to so many. Who, indeed, would be offended or interrupted by the proposed amendment? Only those who are offended by the protection of equal rights, honest money, and control by the people over its own government would seek to cause harm to those who would exercise their natural rights and liberties. You can answer this question, yourself, for you know it. Our best protection is your participation. Together we will succeed and reap the benefits of our just cause.
  42. How the power of the People can work to hold government accountable and why it is needed ?
    The Ohio Constitution expressly preserves the power of the people over government at Article I, Section 2.  It further secures the exercise of that power to alter or reform government through the initiative petition process at Article II, Section 1a.  This power deserves a very thorough explanation and to do so will require a somewhat lengthy presentation, so it will be broken into several parts for clarity.  Please keep in mind that our agenda is not to overthrow the properly established institutions of government, but to regain control and restore governmental alignment with the Constitution.
    Part 1: A “Nationalist” Agenda
    Since the formation of our Union of independent sovereign states (the American Union), the People have been responsible to guard and protect our system of government and hold government accountable when it deviates from the forms established.
    The Ohio Constitution reinforces these principles, to wit: Further, the peoples’ sovereignty is secured by the Ohio Constitution; During the Convention of 1787 (commonly, but mistakenly, called the Constitutional Convention) in Philadelphia, there was an attempt, even then, to usurp the powers of the states by introducing proposed language that would pervert our “federalist” system of established government into a “nationalist” system (see the Virginia Plan, composed by James Madison of the Virginia Delegation). The “nationalist” agenda did not die with the Convention. Throughout the 1800’s, there is evidence that those in power moved to usurp the powers of the states and evolve the federal government into a nationalist system (see New Views of the Constitution of the United States, by John Taylor of Caroline, 1823). Many think the War Between the States (so called Civil War) was about slavery - it was not. It was about the federal government’s usurpation of state sovereignty (rights). Even today, it is easy to identify the federal government’s actions to usurp the states’ powers and the Rights and Liberties of the people. The United States is rapidly being converted from a constitutional federalist republic into a socialist nationalist democracy. When will the people fulfill their “duty” to throw off such government and restore the republic?
    Part 2: The Mechanisms for Holding Government Accountable
    The mechanisms for holding government accountable by the people are very weak. What are they? Well, the peoples’ influence over the federal government is limited to five options secured by the federal Constitution, to wit:
    1. Redress of Grievances (1st and 9th Amendments);
    2. The Peoples’ Representatives in Congress (Art. I, Sect. 2)
    3. The People’s Senators in Congress (17th Amendment)
    4. Through the State Legislatures (Art. V)
    5. Force of Arms (2nd Amendment)

    Our immediate objective is to resolve these matters by peaceable means. Therefore, we will reserve the above option 5 in the event that all peaceable means to restore government to the Constitution, fail. In the history of the United States, no one has successfully utilized a redress of grievances to hold the federal government accountable. With a track record like that, what are our chances of utilizing it, now? How about, slim to none. For decades, the people have been petitioning their federal Representatives and Senators for relief from their encroachments against our Rights and Liberties and to adhere to their oaths to uphold the Constitution. We know for a fact that our Congress enacts whatever they deem appropriate without regard to the voice of the people or the limitations of the Constitution. We always feel that if we could just get the right people into Congress, everything will turn out just fine. But, it never does, and each time we try to replace the bad with the good, another two to six years go by. A good example is the PATRIOT ACT and current legislation in regard to HEALTH CARE. So, what are our chances with this approach? Again, slim to none. Part of the problem here is that the people believe that those in Congress are looking out for the peoples’ best interests, when in fact, they are looking out for their own interests and those of large corporations and special interest groups. The interests of the people and adherence to the Constitution are no longer the primary objectives of Congress. Our best peaceable option for holding the federal government in compliance with the Constitution is through the use of our state legislatures. Fortunately for us the people, the Founding Fathers realized and understood that ALL governments eventually become corrupt. They knew that the time would come that the people would have to exercise their sovereign powers to hold government in compliance with the Constitution. Therefore, they established express provisions in our “state” Constitutions whereby the people, through the force of law and the mechanisms of government, could alter, reform or abolish government. And, the people could do it without the consent of government, through the “initiative” process.
    Part 4: The Key to Governmental Compliance is “Enforcement”
    There is one particular flaw or obstacle to our continued success - neither our state nor federal Constitutions provides any accountability or enforcement mechanisms that require government to comply with the Constitutions. Putting compliance mandates into our state Constitution does not guarantee that it would be enforced. After all, they pay very little attention to the Constitution, now. Ultimately, since it is the duty of the people to hold government accountable, then we need provisions within constitutional law that secures the peoples’ ability to do so in an effective and efficient manner. To secure sufficient provisions of law are that will provide for enforcement of the Constitution, we have decided to implement a dual enforcement approach. First, we are introducing language that imposes a principle duty upon the Governor, Attorney General and County Sheriffs to uphold the Constitution by ensuring that all other functions of government are acting in compliance with it. If any element of government violates the Constitution, it will be their combined duty to exercise such measures as necessary to remedy the situation. If they are negligent or willfully refuse to fulfill this duty, then they become personally liable for violation of their oaths of office to uphold the Constitution. However, we do not want to rely on government to hold itself accountable, entirely. Therefore, we are introducing several provisions whereby the people can be directly involved in holding government accountable. Such provisions include:
    1. A “Recall” process to remove corrupt public servants from office;
    2. “Jury Nullification” to preserve justice in the courts in spite of the law;
    3. The people’s authority to challenge the constitutionality of any law;
    4. Creation of a government watchdog group.

    Part 5: “Enforcement” by the People Through Collaboration
    The term “enforcement” by the People does not mean that the People are directly involved in arresting those who violate the Constitution. What I really mean is the ability of the People to bring charges against offenders and utilize the established powers and functions of government, through appropriate departments, to execute punishments. To effectively enforce the Constitution, the people have three primary responsibilities:
    1. Bring lawsuits against government and public servants when they violate the Constitution;
    2. Provide public education on our system of law and government;
    3. Protect our constitutional system of government through the diligent exericse of our civil duties.

    It is important to take note that the People have NO authority to perform or override the ordinary functions of government, except through those mechanisms reserved through our Constitution. Our duties pertain solely to education and holding government in compliance with and accountable to the Constitution through the mechanisms established for those purposes, as appropriate. Enforcement would be the ability of the people to bring such actions necessary, in an effective and efficient manner, to compel public servants into adherence to the Constitution and protect the people from governmental abuse. This is best accomplished when the people work together to exercise their powers collectively. One of our objectives at PCCOH is to create a state-wide network of volunteers specifically for this purpose.
    Part 8: A Better Way - Utilizing the Collective Powers of the People
    But, what if there where a way to harness the power of the people, en masse or collectively? What if you didn’t have to mortgage your house to pay for attorneys? What if you didn’t have to spend your own time and energy to fight legal battles? There is a way. Many people who fight government corruption rely on private organizations, such as the NRA and others, to help pay for and provide attorneys to fight legal battles from which they are positioned to benefit. We want to offer another solution that does not require the support of special interest groups. Our solution is to create a special watchdog group that has a presence in every county through the state where people can file their complaints against governmental abuse. This group would be funded by the peoples’ own money from a small portion of the state’s revenues. Therefore, this group, the PEOPLES CONSTITUTION COUNCIL would supply the attorneys, the financing, and the time and energy to fight and protect our Rights and Liberties and other constitutionally secured protections on behalf of all the people, not just the injured party. Of course, the Council would be restricted to matters of general importance in which a constitutional issue has arisen, and it would not be used to handle individual matters pertaining to only one person or particular group.  Though this provision is not currently incorporated in the OHIO SOVEREIGNTY AMENDMENT, we do envision that such a council may be very beneficial in the future.
  43. Does any part of the federal constitution provide the authority to override or trump the Ohio Constitution, or more specifically any part of this Proposed Amenedment?
  44. What effect does state sovereignty have on receiving federal moneys and benefits
    This is a great question, and it stabs at the heart of our dilemma of balancing the powers between state and federal government and adhesion to our Constitutions. What we have today is an American society that has become accustomed to and reliant upon government programs. The problem is that nearly all of these programs are outside the powers intended for government by the Constitutions. All government benefit programs must be “private”, in nature, in order to be constitutionally compliant. They DO NOT fall under the “General Welfare” clause of the federal Constitution. Rather, they fall under the “contracts” and “right to freedom of choice” clauses of the Constitutions. They are all voluntary, and people participate in them as a matter of contract or agreement. And, when acting in this capacity, the government is acting in a “private” capacity, just like any other private corporation (see Clearfield Doctrine). People never have to “sign up” for programs that are a matter of “public” right under the Constitution. So, if you put your signature on some application, this is your cue that you may be entering into a private agreement. As a matter of state sovereignty under the Constitution, the states hold the power over the federal government, not the other way around. There are, however, two ways the federal government can acquire authority over the states:
    1. in matters delegated to the federal government by the states;
    2. by private agreement or compact.

    Sometimes, the federal government may want the states to do something that is outside the federal government’s authority to do directly. So, the federal government will offer some form of financial support to the state if the state will, in turn, implement such measures necessary to satisfy the federal mandate. A good example of this is the biometric information that states are now including on all new driver’s licenses. Other good examples include Social Security and Medicare. These are all programs that the states may refuse to participate in (read the current complaint in the United States District Court, Northern District of Florida, filed by 13 states’ Attorneys General against the United States for the recent health care bill). They are also programs that people may refuse to participate in. Now, regarding Social Security and Medicare - we at PCCOH are NOT opposed to these programs as a matter of choice. However, we are adamantly opposed to mandating that one must participate in them, or that one must have a Social Security Number to own property, open a bank account, have a driver’s license, and all the other matters for which a Social Security Number was never intended. And, we are opposed to government operating in any private capacity. All such programs could be handled just fine in the private sector, just like car insurance, health insurance, telephone service, and on and on. When government operates in a private capacity, it often implies that such programs are mandatory, and it leads people to believe they must participate. Further, it encourages government to function on behalf of its own interests and financial gain as opposed to the peoples’ interest and benefit. In our opinion, such programs create a major conflict of interest between government’s duties to the people and its own self-interests. The fundamental purpose of all of these programs is to distribute the liability among all the participants so that the burdens of one are absorbed by all. Of course, this is the essence of socialism. But, if people want to freely associate in such programs, it should be a matter of individual choice. We would encourage that people do it solely within the private sector, maybe with some governmental oversight to reduce fraud and abuse. Any time we allow government to control our private choices, it is dangerous to liberty. When you participate in Social Security, you are bound by its rules and regulations. To receive the benefit, you must pay the price, ALWAYS! Just as individuals should learn to be self-reliant and free of governmental encroachment, the states should also exercise similar principles. Where does the federal government get its moneys and property? There are several sources:
    1. taxes (Direct and Excise);
    2. tariffs, imposts and duties (Imports and Exports);
    3. private program fees and services (like Social Security and Medicare);
    4. investments in the private sector;
    5. securities speculation (Government Bonds);
    6. private loans (Federal Reserve, Foreign Entities);
    7. prizes (booty, confiscations, seizures);
    8. grants from the states (ceding of lands);
    9. treaty settlements (lands and other);
    10. conquest (ask a Hawaiian or the American Indians)

    If the states refuse grant money and subsidies from the federal government, then that means it is acting positively to uphold the Constitutions and our Christian principles for a good, moral, ethical, self-reliant, strong, independent and sovereign society. That sounds good to me.
  45. How is your work on behalf of the Ohio healthcare amendment different than the Ohio Project?
  46. Where does PCCOH stand on the issue of “Separation of Church and State”?
  47. What is PCCOH’s view of the Establishment Clause of the U.S. Constitution? And what effect do you anticipate the sovereignty amendment would have on church and state relations in Ohio?
  48. What are the legal ramifications of juries being able to declare laws unconstitutional (basically, judging the law as well as the facts.)?
  49. What are the legal ramifications of federal agencies not being able to enforce laws except through a county sheriff? To some it sounds a little like mob rule.
  50. Would a federal agent, say with the FBI in pursuit of a terrorist through Pennsylvania and into Ohio, be required to obtain permission from the Sheriff to continue his pursuit in Ohio?
  51. What is the Sheriff’s authority in regard to illegal aliens? In regard to illegal aliens, Sheriffs already have the authority to make such arrests when they suspect the person is violating the law within their jurisdiction - they don’t need federal authority to do so. The Sheriff’s authority is activated when the law is broken in his county or he has probable cause to act. The Sheriff’s duty doesn’t end, if while in pursuit, the suspect leaves his county. This does not give the Sheriff authority to harass suspects just because they may look like an illegal alien. But, if when performing his duties and responsibilities he discovers facts that support the notion that a suspect has violated immigration laws, the Sheriff has a duty to act according to law.
  52. Regarding the Recall process, can ACORN or MOVEON.ORG use paid petitioners to remove a public officeholder from office?
  53. Why does the Recall process bar the relevant public officeholder from future office and benefits?
  54. Are there any possible side effects the proposed amendment may create?
    Absolutely, and they are all positive. We believe that when the powers of government are restricted to their proper limits and duties, that society, as a whole and for the individual, can flourish and prosper. Opportunities will not be limited to the rich, and people will preserve their dignity and ability for self-reliance. Our system of government is not supposed to be one of socialism or communism or dictatorship or tyranny. It is one founded on equal opportunity, personal responsibility, self-governance, individual charity, compassion, truth and a strong work ethic. We believe in the right of the people to own and utilize their faculties for their own benefit and keep their property free of undue encumbrances, to be good neighbors, and cherish the rights and liberties of others. Some of the potential side effects we can visualize are as follows:
Rev.0.7 (May 19, 2010)