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DRAFT#1: MOTION FOR DECLARATORY/INJUNCTIVE RELIEF (Request for comments)

 
[Note: ICCPR refers to International Covenant on Civil and Political Rights]
 
From: MITCHELL PAUL MODELESKI (44202086)

Date:10/30/2014 12:23:00 PM

Subject: DRAFT#1: MOTION FOR DECLARATORY/INJUNCTIVE RELIEF
 

Message:


Dear Friends,

I am developing this MOTION now, and will give high
priority to discussions of the ten (10) points below:

for now, I will ignore all discussions which do NOT
address any of those ten (10) points:

DRAFT  #1

MOTION FOR DECLARATORY AND INJUNCTIVE RELIEF

by 

Paul Andrew Mitchell, B.A., M.S.
Agent of the United States as Qui Tam Relator,
False Claims Act: 31 USC 3729 et seq. chiefly 3730(h)

(1)  as appended to the U.S. Senate's ratification of the ICCPR,
the "not self-executing" Declaration is unconstitutional for
violating the Petition Clause in the First Amendment
and the Bicameralism Clause at Article I, Section 7, Clause 2;

(2)  without approval by the U.S. House of Representatives in 
compliance with 1 USC 101, the "not self-executing" Declaration
is not binding upon American courts as a matter of supreme Law
expressed in the Supremacy Clause;

(3)  the Federal statutes at 28 USC 1331, 1362 and 2241(c)(3)
in pari materia with the Arising Under Clause and the Supremacy
Clause, suffice for purposes of enacting "domestic" legislation
implementing the ICCPR a priori;

(4)  the absence of an Act of Congress expressly declaring the
ICCPR "not self-executing" activates a mandatory inference
that whatever was omitted or excluded was intended to be
omitted or excluded by Act of Congress (cf. "inclusio unius
est exclusio alterius" in Black's Law Dictionary, Sixth Edition);

(5)  Relator is entitled to a declaratory judgment stating that
the United States is in violation of its several obligations
under the ICCPR;

(6)  recourse to the plain language of the ICCPR, and to its drafting
history, demonstrates that it is, in fact, a self-executing agreement
that, upon ratification, became the Law of the Land and thus
must be enforced by American courts of competent jurisdiction
(see e.g. 626 F.3d 592 at 624-628 (1st Cir. 2010));

(7)  the plain language ofthe ICCPR also counsels that 
individual rights were created, and that the United States agreed 
to provide a forum and remedies for vindication, and equal protection,
of those rights to State Citizens (Citizens of one of the United States
of America), and also to federal citizens, when either class of
American People do claim violations of those rights;

(8)  injunctive relief is also proper and available for purposes
of enjoining indefinite delays in providing, and developing,
effective remedies for violations of fundamental rights,
notwithstanding that those violations were committed by
persons acting in some official capacity;

(9)  Congress is obligated to enact legislation expressly barring
private rights of action to enforce the ICCPR, if the intent
of Congess is limited to governing the relationship between
two sovereign States Party to the ICCPR;  and,

(10)  without a proper constitutional Amendment duly ratified 
pursuant to Article V,the ICCPR can neither expand, nor increase
the number of, enumerated powers previously conferred upon the
United States by the Constitution for the United States of America
(cf. Executive Order 13232, August 4, 1999 re: Federalism).

[end]

Only comments ON POINT will be given serious attention.

Thank you for your professional consideration.

Permission to broadcast widely is hereby freely given.

/s/ Paul Andrew Mitchell, B.A., M.S.
 
__
 
Comments or discussions re: the above can be sent to pc9323@gmail.com and will be relayed to Paul.
 
Related: 

Paul Mitchell (political prisoner in USA) letter writing campaign
http://bit.ly/1xCu3ge

November 1, 2014 in Current Affairs | Permalink