Download the .pdf http://algoxy.com/ows/soldiers_inquiry_draft-2_14.pdf
I am seeking legal review of this lawful and peaceful method of rebellion or revolution, by Military Attorneys or others with legal expertise and knowledge specifically in military law.
The first issue is IF the Military Justice System allows a soldier to ever legally question the command over them in the case of defending the constitution from a "domestic enemy". What does precedent show?
The argument for this inquiry is, that if Military Justice System does not, then it is implied that the soldiers only option is an act of violence against their command IF it appears they are being ordered to act against the principles of constitution. That is not good to consider for anyone. Therefore I cannot imagine that the military justice system could not be made to work parallel to constitutional intent defining that legal recourse which would reasonably precede any violence and prevent it in a constitutional civil society with a consistently lawful military.
4.5 minute video addressing the soldiers willingness and general strategy for defending the constitution.
THE MAIN ISSUE:
Congress has been unconstitutional in refusing to call an article V convention for 100 years and all of the serious problems the nation faces are due to this unconstitutional government.
Soldiers are increasingly aware of this unconstitutionality. As a US citizen, I am deeply disturbed by their helplessness to do anything legal to relieve them of what is at times, unlawful military command. Their lives are very valuable to us all and only thrown into jeopardy for purely constitutional reasons of defense. Lawyers appear to be too afraid to help them. Using what knowledge I have of law and constitutional intent or natural law, I've drafted this conceptual "SOLDIERS INQUIRY" to start an exploration of this possibility and support for it.
A Recent History of Leaders Expressions Related to the Reason for This Inquiry
An ex-LAPD officer who found CIA selling cocaine in Los Angeles in the 1980's, then found them protected from high authority, left his law enforcement position to join the people in a struggle for constitutional government, made this video about a soldier, Shamar Thomas objecting to NYPD using violence and coercion against occupy protesters in NYC.
A Message to All Police Officers
His video, and Shamar Thomas, inspired this.
SOLDIERS APPLICATION FOR ORDER OF INQUIRY INTO CONSTITUTIONALITY OF CIVIL AUTHORITY; STATUS ESTABLISHMENT OF LAWFUL MILITARY AUTHORITY.
This Soldier, acts in obedience of the mandate of the soldiers oath, dutifully to defend the constitution for the United States of America from enemies domestic and foreign in suppression of sedition by legal means to primarily expose then suppress said sedition and to avoid any chance of violation or compromise to the intent of articles of the Uniform Code of Military Justice,
ARTICLE 94. MUTINY OR SEDITION, 10. Punitive Articles, (a) Any person subject to this chapter who (3) Failure to prevent and suppress a mutiny or sedition. (4) Failure to report a mutiny or sedition. Failure to "take all reasonable means to inform" and seeks venue in the Military justice system for binding, legal inquiry regarding what must be violations of,
ARTICLE 94. MUTINY OR SEDITION
10. Punitive Articles
(a) Any person subject to this chapter who
(1) with intent to usurp or override lawful military authority
This Soldier States on common knowledge that beginning September 11, 2001, an event after great public deliberation showing to large numbers of citizens, substantial likelihood to be an act of sedition disguised as a terrorist attack, an allegation evidenced to them by the many officially unexplained inconsistencies of common knowledge, following a questionable presidential election in the year 2000; collectively as a part of a much broader basis of evidence than what is stated herein, this soldier can evidence as public common knowledge, and seeks opportunity to present and satisfy with just inquiry; such evidence as citizens hold in confidence as proof of attack upon the constitution; under the oath taken, to satisfy ARTICLE 94, 10.-(a)(3) as a soldier with justification for this application for military inquiry; under the authority and jurisdiction of the Uniform Code of Military Justice.
The chain of command this soldier would normally respect without question, is now questioned at the civil level in defense of the constitution to assure lawful military authority. It is shown in common knowledge, and logical that in the case of murder of 2,970 innocent people, that The United States of America suffered a prime obstruction of justice from enemies within, as yet not fully defined but responsible for events well evidenced. These crimes saw intentional deprivation of constitutional due process by unknown and unidentified agents of sedition at the top of the chain of civil command over the United States Military and perhaps influencing the military chain of command compromising its lawful status. This United States Soldier knows and can evidence these acts must include violations of;
ARTICLE 106a. ESPIONAGE
(a) (1) Any person subject to this chapter who, with intent or reason to believe that it is to be used to the injury of the United States or to the advantage of a foreign nation, communicates, delivers, or transmits, ........... (3) A thing referred to in paragraph (1) is a document, writing, code book, signal book, sketch, photograph, photographic negative, blueprint, a violation of 18 USC CHAPTER 73 - OBSTRUCTION OF JUSTICE, 1506. Theft or alteration of record, 1510. Obstruction of criminal investigations into sedition; or the creation of violence; concealed by misprision of treason; the usurping and overriding of civil authority that ordinarily provides constitutional civil authorization of lawful military authority in command of this Soldier.
Other recent unconstitutional actions of courts relating to the constitutionality of civil authority indicate that civil judiciary as well as military can be unduly influenced by seditious behaviors, and have failed to follow the Constitution and United States Codes to expose sedition, insurrection and treason compromising the factual constitutionality of civil government.
Under the priority of a Soldier; and that of democratic control over the republic under the constitution I have taken oath to defend; with consideration that constitutional scholars of the public agree that congress has intentionally mis interpreted article V of the United States Constitution numerous times, this and recent legislation indicate reasonably to this Soldier, a "pattern and practice" of defiance of their oaths of office , which are taken "without any mental reservation or purpose of evasion;", showing obvious evasion to this soldier and citizens, establishing to a reasonable degree that the chain of command is not under the constitution and has compromised the lawful status of military authority in command of this Soldier.
This soldier recognizes the US Constitution carries principles, protecting life, therefore, this military court to be Constitutional, must provide a lawful mechanism for this soldiers defense of the constitution from what can be shown as domestic enemies by default as the constitution is diminished and usurpation appears imminent. Therefore, in pursuit of duty and service to my oath in loyalty and fidelity to my constitution, I declare with all conscience and will as a soldier under oath with respect to law of civilian jurisdiction, as well as this application under the Uniform Code of Military Justice, that this United States of America Military Division _________ , in order to remain acting "in defense of the constitution" with absolute certainty, must take legal action within the Military Justice System, upwards in command, to civilian levels, to intervene to defend the constitution and citizens rights under it found through their states.
The loud and desperate pleading of a damaged and threatened citizenry has shown, that their right to free speech is abridged; or rights are abridged and inadequate to provide relief in aid of the peoples efforts at petition and redress in defense of the constitution; compelling this soldier to act with all intent of assuring the status of "lawful military authority" as it is in defense of the constitution; ultimately invoking the constitution for its own defense, with its own intent, beginning at this initial level through reasonable and logical uses of the military justice system for inquiry to determine consitutionality of the civil government; and if that constitutionality cannot be fully satisfied to a jury of citizens educated in their constitution; justifying an order of inquiry for this and other soldiers to carry inquiry upwards through the chain of command to the civilian government to make inquiry as to constitutionality there; then, if not found; with the product of the inquiry as proof of necessity, aid citizens in establishment of constitutional civil government by military demand upon congress to immediately begin to convene a convention to propose amendments under Article V of the 1787 Constitution, for the United States of America, by the legislatures of the states as that constitution defines a duty of congress. This soldier can show that by the constitutional satisfaction of citizens, status as a lawful military authority under a constitutional civil authority can be secured.
This soldier takes this action, pursuant to the intent of the oath taken, to assure a restoration of a constitutional congress and civil authority who can then authorize lawful military authority status in command of this and all Soldiers.
This request is not be taken as a refusal to follow orders. Orders that tend to impede, intercept, defeat or oppose this soldiers effort to defend the constitution will be noted as such and freely shared with citizens in furthering their defense of the constitution as well as that of all United States of America soldiers. Any undue harassment or prejudice towards this soldier for pursuing performance consistent with the oath taken will be noted, and proper authority, civil or otherwise will be advised.
NOTE: This site does not approve or endorse many of the attitudes and perceptions of the below link. It does provide a robust list of usurpations. It is recomended for any viewing this page who are skeptical of the need for this proposed inquiry.
This is another more complete set of unconstitutional governmental actions.
IN CONGRESS, July 4, 1776.
The Declaration of Independence: An excerpt.
The unanimous Declaration of the thirteen united States of America codified by Article V,
--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.
National Article 5 Strategy
Wikipedia-misinformation on the Constitution