PETITION OF REMONSTRANCE TO GOVERNOR CHAFEE AGAINST THE 2015 BUDGET ©

— Original Message ——–©

Subject: PETITION OF REMONSTRANCE TO GOVERNOR CHAFEE AGAINST THE 2015 BUDGET
Date: Mon, 16 Jun 2014 16:26:52 -0400
From: john INRI©
To: governor@governor.ri.gov, sen-paivaweed@rilin.state.ri.us

2nd

PETITION OF REMONSTRANCE ©

AGAINST “AN ACT

MAKING APPROPRIATION FOR THE SUPPORT OF

THE STATE FOR THE FISCAL YEAR ENDING

JUNE 30, 2015”

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

FOR THE PEOPLE OF RHODE ISLAND

WHO ARE STILL OPPOSED TO THE 38 STUDIOS BAILOUT

THROUGH THE UNDERSIGNED

NOW COMES Petition of Remonstrance of these Inhabitants of the State of Rhode Island and Providence Plantations, June, 16th, 2014 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 placing and including the appropriation of a sum of money in Article 1. of the budget for fiscal year 2015 (of a $12.3 million payment on the Bond debt of the former Economic Development Corporation (EDC), and now known as ‘The Commerce Corporation’, and an anticipated $12.5 million each of the following six years that would total about $112.6 million when added to previous payments made ($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 compelled 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. We 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.
WHEREAS; We, the undersigned, are natural Rhode Island State Citizens in full possession of all our constitutionally guaranteed Rights and are without any conditions or restrictions which would materially hamper or burden these Rights; and

WHEREAS; We are, at this time, and in this instance, asserting our status which has never been disputed by either the Rhode Island, nor the United States of America governments ; and

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 scheme being used to create a general obligation without voter approval, only the constitution binds the legislature to acting constitutionally; and

WHEREAS,We, the undersigned, have never been given a chance in general election to consent, or to withhold our consent, to this appropriation; and

WHEREAS, We, the undersigned, 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 Rhode Island House of Representatives in H-7133 Substitute A voted to pass in Article 1. an appropriation for the bailout of the 38 Studios bondholders in the budget for 2015 of $12.3 million; and

WHEREAS, the Rhode Island Senate is scheduled to hear and pass in the near future the same H-7133 Substitute A containing the unconstitutional appropriation; 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 referendum 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, 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 us, its Citizens; and

WHEREAS, this Act is a “product of punitive intent” in that, for us, the natural Rhode Island Citizens, in the exercise of our academic freedoms, among others, which are hereby reserved and not waived and whose opinions and beliefs do not bend to those of legislative authority, are faced with persecution and the defacto taking of our 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 General Assembly of this State has no such authority; and that no effort may be omitted on our part against so dangerous a usurpation; and

WHEREAS, this State has set upon a course of entrapping it’s Citizens into voluntary servitude, where they have no interests, by denying them their Rights 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” deceptive practice, under false pretenses, to create a general obligation without voter approval to extract involuntary waivers of Rights retained by the People through collusion, coercion and unlawful means of compulsion through their abuse of power; and

WHEREAS, Rhode Island simply cannot afford to pay because Rhode Island’s current economic conditions are rapidly approaching those of the great depression with an unemployment rate 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; which has already implemented one of the harshest rollbacks of public employee pensions anywhere; and reduced basic human services of those lowest on the economic ladder who are least able to afford to suffer these consequences and it 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 private corporation debt of significant sums for payment to ‘private’ non-governmental brokers, bondholders and unknown recipients, without any public approval from these citizens who already pay one of the highest sales-tax rates and highest top income-tax rates in the nation is dishonorable and are acts of moral turpitude; and

WHEREAS, we have withheld our consent through our collective voices to this legislation but have not been listened to by our Representatives, which means that this Act was passed WITHOUT OUR CONSENT.

WHEREFORE, We, the undersigned constitutionally endowed Citizens, in concert with the other citizens of the State of Rhode Island and Providence Plantations, by and through this Petition of Remonstrance, petition you, our elected Governor, sworn under Oath to uphold the Constitution and 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 the discharge of these oppressions.

FOR OURSELVES and ON BEHALF of the People of the state of Rhode Island and Providence Plantations opposed to the Bailout of the 38 Studios Bondholders,

Gloria Garvin  This the 16th day of June, 2014

John Garvin     This the 16th day of June, 2014

Grant Garvin    This the 16th day of June, 2014

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4 thoughts on “PETITION OF REMONSTRANCE TO GOVERNOR CHAFEE AGAINST THE 2015 BUDGET ©

  1. Representatives Chippendale and MacBeth’s bills to 1. NOT pay 38 Studios 2. Have Oversight Committee investigate 38 Studios and other issues, were prejudged and decided on issue before bringing it forward for public hearing and testimony, I suspect. The asterisk to this is the Tuesday BEFORE the budget was was going before the budget with the approx. $12.5 million payment already a ‘hard’ Article for payment. Exactly what is wrong with RI and why there is little to no confidence in the state from either the majority of it’s taxpaying residents and businesses that will not come bring there operations to Rhode Island without the offer of many tax incentives. Businesses should want to pay to be able to do business in the state. But, alas, we ‘pay’ them. Over and over and over…

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