SUPREME COURT OF

THE UNITED STATES OF AMERICA

 

CAUSE NO.

 

00-836

 

BUSH, GEORGE W.,

 

Vs

 

PALM BEACH COUNTY CANVASSING BOARD, ET AL.

 

 

The People of the State of Washington, ex rel.,

Kenneth Wayne, Inhabitant

 

NOTICE OF SUBMISSION OF BRIEF AS

AMICUS CURIAE

 

Declaration in Support
Amicus Curiae Parties:

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.

The Relator, Kenneth Wayne, is a representative member of the class of persons who are inhabitants of the Washington republic as recognized in the national constitution at Articles IX and X in amendment thereto.

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.

The Relator, Kenneth Wayne, in the absence of a representative republican government being operational for the Washington republic, has standing to speak for the body under the reserved powers clauses of the national and state constitutions.   The national government is required to recognize this reserved authority at Articles IX and X in Amendment to the national constitution.

FACTS & ALLEGATIONS:

This Petition 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, the court’s recognition and acceptance of the brief is ministerial and mandatory.

The national courts are a separate legal person from the people of the several member republics and from the several member republics.

The national courts are bound by contract /treaty (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 as required at:

Article VI Clause 3: The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution; but no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States.

NOTICE:

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 regarding the above captioned action, and propose to do so as Amicus Curiae, instead of formally moving to be joined as an interested party.  

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 acceptance of the State’s Amicus Curiae Brief is ministerial, and discretionary leave is not required.

Kenneth Wayne, as a member of the class of persons having 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.

The authority of the people of the member states is recognized by the national constitution, Article(s) in Amendment:

Article IX

The enumeration in the Constitution , of certain rights, shall not be construed to deny or disparage others retained by the people.

Article X

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

 

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.

The People do 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 the People’s interests.

In the event the People 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.

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 REQUIRED:

WHEREFORE:   The Relator, on behalf of the several inhabitants of the Washington republic, and in the name of The People of the State of Washington, hereby submits an Amicus Curiae Brief to the record of the above captioned action.

Done this the _____ day of the ______ month of 2000.

The People of the State of Washington

By:

__________________________________

Kenneth Wayne, Relator

Inhabitant


SUPREME COURT OF THE UNITED STATES OF AMERICA     Docket #00-836

OFFER OF PROOF: DECLARATION IN SUPPORT OF:

NOTICE OF SUBMISSION OF BRIEF AS

AMICUS CURIAE

 

Pierce county                                        )

The People of the State of Washington    )         Verified Declaration

United States of America                        )

Declarant Kenneth Wayne states that he is competent to be a witness, that the facts contained herein are true and correct to the best of the Declarant’s first hand knowledge and belief, and subject to penalty of perjury pursuant to the law of the United States of America.

Upon reason and belief Declarant states that the national constitution provides specific procedures for an Electoral College to select the President of the United States of America.

Upon reason and belief Declarant states that 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 (as opposed to a beneficiary controlled artificial entity as recognized at the statutes of frauds).

Upon reason and belief Declarant states that should the court make a determination that the president be elected by popular vote, or that the popular vote is critical to the Electoral College’s independent election of a President, 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.

Upon reason and belief Declarant states that if the electors of the electoral college are compelled to be bound by the advisory 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.

Further Declarant Says not.

 

__________________________________       ___________________

Kenneth Wayne, Declarant                               Date