SUPREME COURT OF
THE UNITED STATES OF AMERICA
CAUSE NO.
00-836
BUSH, GEORGE W.,
Vs
PALM BEACH COUNTY CANVASSING
BOARD, ET AL.
1.
The several inhabitants of the Washington republic
each have an interest in the outcome of the above captioned action
as they each
stand to be governed, to some degree, by the person who is eventually
sworn in
as the President of the United States of America.
As such each inhabitant has an interest in the proper procedure
being followed in the selection of the correct candidate as provided
in the
Constitution for the United States of America and applicable national
law.
2.
The Relator, Kenneth Wayne, is a representative
member of the class of persons who are inhabitants of the Washington
republic.
3.
The People of the State of Washington, as a
collective body politic, and member of the union of the several
united States
of America, has an interest in the correct procedures being followed
in the
selection of the President of the United States of America.
4.
The Relator, Kenneth Wayne, in the absence of a
representative republican government being operational for the Washington
republic (see record at USDC, western district of Washington, Cause
#C00-5655FJB), has standing to speak for the body under the reserved
powers
clauses of the national and state constitutions.
5.
This brief is a joint brief of both the individual
people inhabiting the Washington republic, and The People of the
State of
Washington as a body politic and member of the union of the several
united
States of America.
6.
This Brief is brought by a State member of the union
of the several united States of America, and as such no leave of
the court is
required as recognized at FRAP 29.
BRIEF STATEMENT OF RELEVANT FACTS
AND ARGUMENT:
7.
The national courts, like the whole of the national
government, are a separate legal person from the people of the several
member
republics and from the several member republics.
8.
The national courts are bound by contract
(Constitution) to uphold the national Constitution and laws, and
the several
justices of the supreme court are each individually bound by Oath
of Office
contract to carry out the duties of the national courts.
9.
The national constitution provides specific
procedures for an Electoral College to select the President of the
United
States of America:
Clause 1: The executive Power
shall be vested in a President of the United States of America.
He shall hold
his Office during the Term of four Years, and, together with the
Vice
President, chosen for the same Term, be elected, as follows
Clause 2: Each State shall
appoint, in such Manner as the Legislature thereof may direct, a
Number of
Electors, equal to the whole Number of Senators and Representatives
to which
the State may be entitled in the Congress: but no Senator or Representative,
or
Person holding an Office of Trust or Profit under the United States,
shall be
appointed an Elector.
Clause 3: The Electors shall meet
in their respective States, and vote by Ballot for two Persons,
of whom one at
least shall not be an Inhabitant of the same State with themselves.
And they
shall make a List of all the Persons voted for, and of the Number
of Votes for
each; which List they shall sign and certify, and transmit sealed
to the Seat
of the Government of the United States, directed to the President
of the
Senate. The President of the Senate shall, in the Presence of the
Senate and
House of Representatives, open all the Certificates, and the Votes
shall then
be counted. The Person having the greatest Number of Votes shall
be the
President, if such Number be a Majority of the whole Number of Electors
appointed; and if there be more than one who have such Majority,
and have an
equal Number of Votes, then the House of Representatives shall immediately
chuse by Ballot one of them for President; and if no Person have
a Majority,
then from the five highest on the List the said House shall in like
Manner
chuse the President. But in chusing the President, the Votes shall
be taken by
States, the Representation from each State having one Vote; A quorum
for this
Purpose shall consist of a Member or Members from two thirds of
the States, and
a Majority of all the States shall be necessary to a Choice. In
every Case,
after the Choice of the President, the Person having the greatest
Number of
Votes of the Electors shall be the Vice President. But if there
should remain
two or more who have equal Votes, the Senate shall chuse from them
by Ballot
the Vice President.
And
amended by Article XII in amendment to the national Constitution:
The Electors shall meet in their
respective states, and vote by ballot for President and Vice-President,
one of
whom, at least, shall not be an inhabitant of the same state with
themselves;
they shall name in their ballots the person voted for as President,
and in
distinct ballots the person voted for as Vice-President, and they
shall make
distinct lists of all persons voted for as President, and of all
persons voted
for as Vice-President, and of the number of votes for each, which
lists they
shall sign and certify, and transmit sealed to the seat of the government
of
the United States, directed to the President of the Senate;--The
President of
the Senate shall, in the presence of the Senate and House of Representatives,
open all the certificates and the votes shall then be counted;--The
person
having the greatest number of votes for President, shall be the
President, if
such number be a majority of the whole number of Electors appointed;
and if no
person have such majority, then from the persons having the highest
numbers not
exceeding three on the list of those voted for as President, the
House of
Representatives shall choose immediately, by ballot, the President.
But in
choosing the President, the votes shall be taken by states, the
representation
from each state having one vote; a quorum for this purpose shall
consist of a
member or members from two-thirds of the states, and a majority
of all the
states shall be necessary to a choice. And if the House of Representatives
shall not choose a President whenever the right of choice shall
devolve upon
them, before the fourth day of March next following, then the Vice-President
shall act as President, as in the case of the death or other constitutional
disability of the President.
The person
having the greatest number of votes as Vice-President, shall be
the Vice-President,
if such number be a majority of the whole number of Electors appointed,
and if
no person have a majority, then from the two highest numbers on
the list, the
Senate shall choose the Vice-President; a quorum for the purpose
shall consist
of two-thirds of the whole number of Senators, and a majority of
the whole
number shall be necessary to a choice. But no person constitutionally
ineligible to the office of President shall be eligible to that
of
Vice-President of the United States.
10.
The several electors are not bound by any “popular
vote” in electing a President and Vice-President.
11.
Since the electors are not bound by the popular vote
for the office of President and Vice-President, any voting processes
within the
several states is irrelevant and immaterial to the electors casting
their
electoral votes for President and Vice-President.
12.
While the electors may, on an individual basis, find
it convenient and advisory to, among other things, refer to a polling
of the
people to help them make an informed decision on how to cast their
electoral
ballots, a few hundred votes by state voters has no direct consequence
on the
election of President and Vice-President by the electors.
13.
The reason the founding fathers established this
procedure was to create a national government in aggregate form
so that it
would be a separate legal person from the people of the several
member states,
and it would be a separate legal person from the several state members
of the
union.
14.
Should the court make a determination that the president
be elected by popular vote, or even that the electors must be held
to rely on
the popular vote for a determination or mandate of how each elector
is required
to vote, the office of president would no longer be aggregate, and
a separate
legal person from those people, and the people would have no standing
to compel
performance consistent with the national constitution by equitable
enforcement
process.
15.
If the electors of the electoral college are
compelled by the court, contrary to the national constitution, to
be bound by
the advisory popular vote of the people of the several states, the
several
states as a body would be directly electing the President, and the
Office of
President would no longer be a separate legal person from the several
states,
and as such the several states, individually or collectively would
have no
standing to invoke equitable relief to compel the President to performance
under the terms and conditions of the national constitution.
16.
Based upon the above premises, the individual inhabitants
of the Washington republic have an interest in assuring the court
follows the
correct procedure and law in making its determinations and orders
consistent
with the national constitution regarding the above captioned action,
and
propose to do so as Amicus Curiae, instead of formally moving to
be joined as
an interested party.
17.
As a republic member of the several united States of
America, The People of the State of Washington have standing as
a State to
submit an Amicus Curiae brief without leave of the court.
As recognized at FRAP 29 the granting of the
State’s petition is ministerial, and discretionary leave is not
required.
18.
As such, The People of the State of Washington, as a
body politic member of the union, have an interest in assuring the
court
follows the correct procedure and law in making its determinations
regarding
the above captioned action, and propose to do so as Amicus Curiae,
instead of
formally moving to be joined as an interested party.
19.
Kenneth Wayne, as a member of the class of persons
having an interest in the outcome of the proceedings, and as an
inhabitant of
the Washington republic is an appropriate party, and has standing
to relate the
interests of the class, and the republic, to the court, as recognized
by the
national constitution by its Articles in Amendment:
The enumeration in the
Constitution
,
of certain rights, shall not be construed to deny or disparage others
retained
by the people.
20.
Petitioner does not waive the right to move for
formal joinder as provided at FRCP 19 or to intervene as recognized
at FRCP 24
as interested party(s) if Petitioner deems it necessary to do so
to protect
Petitioner’s interests.
21.
In the event Petitioner(s) are required to join the
action as proper parties (FRCP 19 or 24), they will also be required
to raise
additional issues including but not limited to the appointment of
senators by
the legislative bodies of the several republic members of the union,
which is a
continuing requirement under the national constitution, and only
amended under
the federal constitution.
22.
Kenneth Wayne, as an inhabitant of the Washington
republic member of the union, which has an interest in the outcome
of the
proceedings, is an appropriate party to relate the interests of
the class to
the court, as a Relator under the reserved powers clauses of the
state and
national constitutions (supra).
REMEDY REQUESTED:
WHEREFORE:
23.
The court has a duty, as accepted by each member of
the court through an Oath of Office contract, incorporating by reference
the
national constitution contract /treaty, to respond to the issue
of the Florida
ballots by finding:
a:
The
Florida popular election procedures and results, as they pertain
to the offices
of President and Vice-President of the national republic is immaterial
and
irrelevant to the election of the President and Vice President by
the several
electors;
b:
As the
Florida popular vote is immaterial to the ballots to be cast by
the electors,
any claim to remedy or relief as to the internal popular vote procedures
by and
within Florida do not raise a question under the constitution and
laws of the
United States of America relating to the election of President and
Vice-President;
c:
The
issues raised by Mr. Bush do not state a claim upon which relief
may be
granted;
d:
The case
must be dismissed.
Done this the _____ day of the ______ month
of 2000.
By:
__________________________________
Kenneth Wayne,
Relator
Inhabitant