The Portsmouth Declaration

The Portsmouth Declaration

Exercising sovereign authority, the States and the People created the Government of the United States of America, and gave to it a Constitution of limited Function and Power, with the full expectation that this Government would constrain itself to that limitation.  The Government so created, however, ventured beyond the boundaries of the Function and Power granted to it, in many and various ways, so as to impede the operation of the States, and infringe upon the natural Rights of the People.


This Portsmouth Declaration
, hereby decries the losses suffered by the States and the People, caused by Government malfeasance, and demands that the State’s autonomy, the People’s rights, and the limitation placed upon the Government’s Function and Power be restored.  The States and the People must now act to assert their supremacy and authority over the Government of the United States of America, to constrain the Function and Power of the Government to proper Constitutional limits and to enforce full compliance by all Agents of the  Government. 


Therefore
, we the People now excercise our supremacy and authority over the Government of the United States of America:


We call for a strict reading of the Constitution of the United States of America, with a renewed determination to understand that the Function and Power of the Government is limited in scope and size.


We call for the recognition of Rights reserved to the States and to the People, and the protection of these Rights against Government action.


We call for a strong military that is designed strictly for defense against foreign aggression, the cessation of all military deployments against foreign States, Entities and Persons that are not authorized by Congressional action, the repatriation of all military assets and personnel not so authorized, and the closure of unneeded military bases around the world.


We call for the immediate elimination of all Agencies and Departments of the Government which exist to support Functions or Powers not authorized by the Constitution.


We call for the elimination of all laws created by the Government that define crimes and punishments where those crimes are not enumerated by the Constitution, and call for the release of those who are incarcerated under those laws.


We call for the elimination of the personal income tax along with all other intrusions into the People’s private economic and personal lives. 


We call for the elimination of all grants and privileges given by the Government to the States and to the People, including the mandates attached to them, when such grants, privileges and mandates are not authorized by an enumerated Power or valid implied Power.


We call for each State Government to join with their People to re-establish a properly functioning General Government.


When the Government of the United States of America shall subject itself to the People
,
adhere to Constitutional constraints, and take its place as the People’s Servant and Protector of the People’s Rights,


Then
, God willing, our Government, “conceived in liberty and dedicated to the proposition that all men are created equal,” shall again function as originally designed, and We the People shall remain free and prosperous!

 


Addendum to the Portsmouth Declaration

We hold the following to be true and just:


THE UNIVERSAL AND TIMELESS NATURE OF THE CONSTITUTION OF THE UNITED STATES OF AMERICA


The Framers of the Constitution of the United States of America could not have foreseen the changing attitudes in society that were to take place over the ensuing two and a half centuries, nor the complexities that were to be brought to our social structure by the industrialization of manufacturing and food production, the information and Internet ages, advancements in military power, surveillance and enforcement technology, international terrorism, global poverty, and the environmental impact of a growing world population. Yet, the Constitution is as valid today as it was when first adopted.


First and foremost, the Constitution was designed to protect the natural Rights of the People of thirteen sovereign States against the misuse of centralized Power.  Some Rights are enumerated, such as those found in the Bill of Rights.  Others, not enumerated, are nonetheless reserved “to the States respectively, or to the People.” 


Protection of the natural Rights of the People against the Power of Government is a universal and timeless imperative.  


Second, the Constitution merely pools some of the Function and Power of States into a common mechanism under a general, federal Government, and restricts that Government to operate within the bounds of a defined set of Functions and Powers.  The Framers recognized that some Functions and Powers, such as for providing a defense against foreign aggression, were best effected in common.  The Amendment process allows for the modification of the Government’s Function and Power, as the lessons of time prove necessary.  Thus, the Constitution contains a current list of approved Functions and Powers under which the Government is authorized to operate, while restricting the Government from engaging in any other Function, or exercising any other Power. 


That a Government should have a defined and limited set of Functions and Powers is a universal and timeless imperative.


Third, the Constitution requires strict adherence by the Government.  It is not a set of guidelines, so it is not to be interpreted by whim, but rather understood by reference to its original intent when written.  It is Law directed towards the Government.  The States and the People have oversight responsibility to see to it that the Law is upheld by the Government and to enforce that Law whenever necessary to do so.


That the Constitution has the force of Law over the Government is a universal and timeless imperative.


The Constitution’s mandates protecting the People’s natural Rights, limiting the Government’s Function and Power, and establishing a Law that the Government must follow, are the rightful demand of all People, regardless of race, creed, religion, or place of origin, and together serve as the standard towards which all nations should strive, now and forever.  The Constitution of the United States of America is universal and timeless.


PROTECTION OF THE PEOPLE’S NATURAL RIGHTS


When the Writers of the Declaration of Independence and the Constitution said that mankind was endowed with self-evident unalienable Rights, they meant that those natural Rights existed prior to the creation of Government. Governments are properly constituted, they said, when formed to guard those Rights.  The protection of natural Rights is of paramount importance, is not dependent on the citizenship of the individual, and must not be diminished by an act of governance. 

Thus, when calculating the impact of Congressional legislation, Executive action, or Judicial determination, the People’s ability to exercise their natural Rights must increase, thereby, and not decrease. 


All men have certain natural, essential, and inherent rights…” (New Hampshire Constitution, Art. 2)


The natural, essential and inherent Rights of the People include, but are not limited to:

                        
The Right to life

The Right to individual liberty and economic and personal privacy

The Right to the free exercise and expression of conscience

The Right to own, use and freely trade property and labor


The Bill of Rights was written to enumerate some of these Rights in detail, but is not an exhaustive list.  Rights not listed are none-the-less recognized and reserved.


ENUMERATED POWERS OF THE FEDERAL GOVERNMENT


The Constitution guarantees to the States and the People, a representative form of Government, a republic that is limited in its Function and Power.  The Government is a federation of States, whereby the States have pooled some of their Functions together in order to increase the efficiency and effectiveness of those Functions.  General Welfare is the term used to describe the operation and support of those collective Functions, which are limited to the following categories of enumerated Powers as outlined in Article 1 Section 8 and restricted by Section 9 of the Constitution:


Levy and collect certain types of uniform taxes


Provide for the common defense
(which includes and is limited to declarations of war, the granting of letters of marque and reprisal, making of rules for captures on land and water, raising and supporting an army, maintaining a navy, the calling forth of the militia for certain purposes)


Borrow money on the credit of the United States


Regulate commerce with foreign nations, among the States, and with Indian tribes
(known as the Commerce Clause)


Establish rules of naturalization


Establish rules of bankruptcy


Coin money, regulate its value and punish counterfeiting


Establish standards of weights and measures


Establish post offices and post roads


Issue patents and copyrights


Create federal courts inferior to the US Supreme Court


Define and punish piracies, high seas felonies and offenses against the law of nations


Exercise exclusive legislation in the District of Columbia and other Federal lands


Make laws to properly execute the above powers
(known as the Necessary and Proper Clause)


The Commerce Clause and the Necessary and Proper Clause have been systematically distorted by the Government in order to expand the Government’s Function and Power beyond those permitted by the Constitution.  A narrow interpretation of these two clauses must be restored.


IMPLIED POWERS OF THE FEDERAL GOVERNMENT


The only valid implied Powers are those that relate to the specific implementation of enumerated Powers.  There can be no additional implied Powers outside the scope and authorization of the enumerated Powers.


POWERS GAINED BY THE GOVERNMENT UNDER CONTRACT THEORY


The Government gains additional Powers outside of the enumerated Powers and implied Powers by legislation that offers a benefit to the States or to the People in return for the granting of Powers not found in the Constitution.  Because whatever benefit the Government can offer was originally derived from the States or the People, we consider the purchase of additional Powers by the Government, using the wealth of the People, to be a loathsome practice, and that the use of contract theory to support such a practice is improper and illegitimate. 


POLICE POWERS


The only Powers that allow the Government to define and punish crimes, relate to crimes of treason, felonies on the high seas, offenses against the law of nations, and the counterfeiting of money.  Within the District of Columbia, the Government may define more general crimes through legislation, but must leave the police Power to the District.

The Government has no authority to define or prosecute any other type of crime, nor should the Government engage in the prosecution of any State’s criminal laws. 


Since police action by the Government is only valid when there is an authorizing enumerated Power allowing for police action, all unauthorized police action and criminal prosecutions must cease.


WAR POWERS AND THE PROSECUTION OF ACTION AGAINST FOREIGN STATES, ENTITIES AND PERSONS


The Constitution of the United States of America authorizes the Government to provide for a common defense against foreign aggression, whether from foreign States or foreign Entities and Agents. 


In order to control the massive destructive potential of the military, the Constitution placed the war-making Power into the hands of the Legislative branch rather than the Executive branch.  The tools to be used by Congress to authorize military action are the Power to Declare War and the Power to grant Letters of Marque and Reprisal.  The Declaration of War is to be issued to allow the Executive branch to prosecute a war against a foreign State.  The Letter of Marque and Reprisal is to be issued against other types of foreign Entities and foreign Persons.


We witness that there has not been a proper Declaration of War since World War II and have never seen a Letter of Marque and Reprisal used against a foreign Entity or Person.  Military actions against foreign States, foreign Entities or foreign Persons that do not operate under a Congressional Declaration of War or a Letter of Marque and Reprisal are illegitimate.  Military assets and personnel are not to be used to police the world.


For more information, go to PortsmouthDeclaration.com, or join us in the Portsmouth Declaration Facebook group.
 

 

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  • 4/27/2010 1:20 PM Jack Thorsen wrote:
    Here are my notes from the Tea Pary speech:

    SPEECH NOTES FOR PORTSMOUTH TEA PARTY April 15th, 2010

    My name is Jack Thorsen. I live here in Portsmouth and I am running for State Representative. But that is not why I am here tonight.

    The Apostle Paul, in writing to the Ephesians of old, wrote that,
    “…we wrestle not against flesh and blood, (that is, not against Obama or Bush or Pelosi, depending on your political persuasion, nor their functionaries) but against principalities, against powers, against the rulers of the darkness of this world, against spiritual wickedness in high places.

    ”Wherefore take unto you the whole armour of God, that ye may be able to withstand in the evil day, and having done all, to stand.

    ”Stand therefore…” !!!

    The Tea Party is not a fight against people in government, it is all about the fight against the wrong ideas in government!

    Some friends and I have decided to make a stand in our own small way by creating what we call, The Portsmouth Declaration. I will read the Declaration itself. It comes with an addendum which I will not read, but that you can find on-line at PortsmouthDeclaration.com.

    See if you agree with any of these ideas:

    **Read the Declaration**

    If you agree and want to sign on to this Declaration, I will have a copy available for you to do that.

    But, however you decide to fight for the right ideas in government, make your stand!!!

    Thank you.
    Reply to this
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