PETITION OF REMONSTRANCE AGAINST THE APPROPRIATION OF 2.5 MILLION TO 38 STUDIO BONDHOLDERS ©

Risistance becomes duty

Remonstrance

noun

  1. The act of remonstrating.
  2. An expression of protest, complaint, or reproof, especially a formal statement of grievances.

The American Heritage® Dictionary of the English Language, 5th edition Copyright © 2013

 

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 Below is our Original “PETITION OF REMONSTRANCE” sent to the Governor at the end of last years General Assembly session.  This PETITION remains on file as a formal document in memorializing the withholding of our consent for the first $2.5 million appropriation in the Debt Service Payment to pay the bondholders of the 38 Studios bonds – to invoke  future judicial ‘standing’ in the matter.

——– Original Message ——–

Subject: Petition of Remonstrance to Governor Lincoln Chafee
Date: Thu, 27 Jun 2013 15:51:46 -0400
From: INRI©
To: governor@governor.ri.gov, sen-paivaweed@rilin.state.ri.us, rep-fox@rilin.state.ri.us

PETITION OF REMONSTRANCE ©

AGAINST “AN ACT

MAKING APPROPRIATION FOR THE SUPPORT OF

THE STATE FOR THE FISCAL YEAR ENDING

JUNE 30, 2014”

CONTAINING IN ARTICLE 1. THE BAILOUT FOR

THE 38 STUDIOS BONDHOLDERS

PRESENTED TO THE HONORABLE

GOVERNOR LINCOLN CHAFEE

OF THE STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS

BY THE PEOPLE OF RHODE ISLAND

WHO ARE OPPOSED TO THE 38 STUDIOS BAILOUT

NOW COMES Petition of Remonstrance of the Inhabitants of the State of Rhode Island and Providence Plantations, June, 27th, 2013 opposed to the bailout of the 38 Studios Bondholders, by and through the undersigned, having taken into serious consideration our opposition to the Rhode Island House of Representatives and Legislature placing and including the appropriation of a sum of money in Article 1. of the budget for 2014 (of an initial $2.5 million payment made to lenders, followed by $12.5 million each of the following seven years that would total about $112.6 million–$75 million for the original loan and $37.6 million for the interest accrued over ten years) designated as a payment to the bondholders of the 38 Studios bonds, acting in good faith and impelled by our devotion to God and to our Constitutional Republic, conceiving that the same if finally signed into law, will be injurious and a dangerous abuse of power in violation of our State Constitution and Rights Retained by the People, are bound as faithful people of a free State to remonstrate against it, and to declare the reasons by which we remonstrate against said bailout.

We the People assert that this legislation, if enacted into Rhode Island Law is contrary to the Constitution of the State of Rhode Island in that it contains a provision purported to make a payment in excess of $50,000 to the bondholders of the 38 Studios Bonds.; thereby pledging the faith of the state for the payment of the obligations of others.

WHEREAS; Article VI, Section 16. of our Constitution states that:

“Section 16. Borrowing power of general assembly. — The general assembly shall have no powers, without the express consent of the people, to incur state debts to an amount exceeding fifty thousand dollars, except in time of war, or in case of insurrection or invasion; nor shall it in any case, without such consent, pledge the faith of the state for the payment of the obligations of others. This section shall not be construed to refer to any money that may be deposited with the state by the government of the United States”: and

WHEREAS, Article VI, Section 1, of the Rhode Island Constitution states that:

Constitution supreme law of the state. – This Constitution shall be the supreme law of the state, and any law inconsistent therewith shall be void.” and

WHEREAS, Article III, Section 3, of the Rhode Island Constitution states that:

Section 3. Oath of general officers. — All general officers shall take the following engagement before they act in their respective offices, to wit: You being by the free vote of the electors of this state of Rhode Island and Providence Plantations, elected unto the place of do solemnly swear (or, affirm) to be true and faithful unto this state, and to support the Constitution of this state and of the United States; that you will faithfully and impartially discharge all the duties of your aforesaid office to the best of your abilities, according to law: So help you God. Or: This affirmation you make and give upon the peril of the penalty of perjury” and

WHEREAS, In this case, the “moral obligation” is simply a gimmick being used to create a general obligation without voter approval. Only the constitution binds the legislature; and

WHEREAS, the People of this State have not been given a chance in general election to consent, or to withhold their consent, to this appropriation; and

WHEREAS, the Legislature voted in Article 1. (Article 1, page 4, lines 26-30) as is incorporated into “Debt Service Payments” $158,137,80 to approve the appropriation for the bailout in the budget for 2014; and

WHEREAS, WE the Citizens of the State of Rhode Island, present and future, have set upon a course to exercise, or to reclaim and then exercise, each and every Right previously enjoyed by our forefathers and which are guaranteed to each of us by our Constitutions; and

WHEREAS, the FIRST stated purpose for this lively experiment which can be found in our State Constitution’s Preamble, states that our Constitution was established; “to secure and to transmit” the “civil and religious liberty” “unimpaired, to succeeding generations”; and

WHEREAS, the SECOND purpose, which can be found in the first paragraph of Article 1. of the Rhode Island Constitution states;

“In order to effectually to secure the religious and political freedom established by our venerated ancestors, and to preserve the same for our posterity, we do declare that the essential and unquestionable rights and principles hereinafter mentioned shall be established, maintained, and preserved, and shall be of paramount obligation in all legislative, judicial and executive proceedings”; and

WHEREAS, under Article III, Section 3, of the Rhode Island Constitution, the Governor is bound by oath “to support the Constitution of this state and of the United States”; and

WHEREAS, under Article IX, Section 2, of the Rhode Island Constitution, “The governor shall take care that the laws be faithfully executed”; and

WHEREAS, this State Legislature, by its actions taken, has set upon a course to knowingly violate our State Constitution and do away with a constitutional requirement that the People of this State give their consent for such appropriations; and

WHEREAS, this Act is unconstitutional in that it is confiscatory because the legislature cannot appropriate any money in support of bondholders capital or interest without the constitutional requirement of a referenda of the People for general obligation borrowing that constrains the legislature’s actions in these matters.  This principle in law is so obvious that the pro forma for the bonds contained a disclaimer of ‘state obligation’ in capital letters on the first page; and

WHEREAS, this Act is unconstitutional in that it confiscates our constitutionally guaranteed right to vote guaranteed to us under Article II, Section 1. and is a BILL of ATTAINDER (Pains and Penalties) as it purports to place an additional financial burden on the people of this State without our consent or redress to appease bondholders at the expense of its residents; and

WHEREAS, this Act is a “product of punitive intent” in that, for these Citizens in the exercise of their academic freedoms, among others, which are hereby reserved and not waived , whose opinions and beliefs do not bend to those of the Legislative authority are faced with persecution or the defacto taking of their protected Rights. Are we to yield to this measure of their authority, that they may sweep away all our Constitutionally protected natural fundamental Rights, and may abolish any other Right, that they are bound by their Oaths to keep sacred and uphold? We think not, and say, that the Legislatures and General Assembly of this State has no such authority; and that no effort may be omitted on our part against so dangerous an usurpation; and

WHEREAS, this State has set upon a course by selling it’s Citizens into bondage where they have no interests by denying their Rights of free association resulting essentially in an extortionary fraud in Breach Of The Public Trust; and

WHEREAS, this Act is void, as it is retaliatory and punitive in nature and nothing more than a scheme to simply use the “moral obligation” gimmick to create a general obligation without voter approval to extract involuntary waivers of Rights retained by the People through coercion and unlawful means of compulsion through the abuse of power; and

WHEREAS, (Rhode Island) cannot afford to pay. Rhode Island’s current economic conditions are rapidly approaching those of the great depression with an unemployment rate one of the highest in the nation. This is a hefty private debt to pay off to 38 Studios’ creditors and/or bondholders and is an undue burden being extorted from the People of this small state who has implemented one of the harshest rollbacks of public employee pensions anywhere and reduced human services to those lowest on the economic ladder who are least able to afford to suffer these consequences and therefore is a misappropriation of public funds; and

WHEREAS, the only duty of Moral Obligation the state of Rhode Island owes is to it’s Citizens. Thus to place this appropriation as an additional burden upon each individual taxpayer to honor a quasi-public corporation guarantee of significant sums for payment to ‘private’ non-governmental brokers, bondholders and unknown recipients without any public approval from the citizens who already pay one of the highest sales-tax rates and highest top income-tax rates is dishonorable and acts of Moral Turpitude; and

WHEREAS,we have withheld our Consents to these pieces of legislation but have not been listened to by our Representatives, therefore the Act(s) were passed WITHOUT OUR CONSENT.

WHEREFORE, WE the Citizens of the State of Rhode Island and Providence Plantations, present and future, by this “Petition of Remonstrance against “AN ACT MAKING APPROPRIATION FOR THE SUPPORT OF THE STATE FOR THE FISCAL YEAR ENDING JUNE 30, 2014”, petition our elected Governor, sworn under Oath to uphold the Constitutions, to take immediate and forthright action to veto this Act, preventing said Act from becoming Rhode Island Law, in the redress of these grievances and discharge of these Oppressions.

FOR and WITH the People of the state of Rhode Island opposed to the Bailout of the 38 Studios Bondholders

Gloria Garvin This 27th day of June, 2013

John Garvin This 27th day of June, 2013

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One thought on “PETITION OF REMONSTRANCE AGAINST THE APPROPRIATION OF 2.5 MILLION TO 38 STUDIO BONDHOLDERS ©

  1. On 5/22/2014 at 12:12 PM, “craigslist reply 9ee5” wrote:

    I commend your efforts but it is like sticking your finger in the Dike… It temporarily plugs the hole, but the water will gush out in another place.

    The Master Lever is a perfect example… It will be buried. Our Senate President is as Clueless as our Potus. If it doesn’t help to Stuff her Pockets, she’s not interested.

    As someone who has been sued to try and silence me I know of what I speak. The Judiciary is not about to bite the hands that feed them and are as corrupt as the GA.

    God Bless you for your wonderful work.

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