Constitution Party Official Position Regarding Church Incorporation

Will religious freedom be written out of our history?

Some (including the ACLU and the West Virginia Legislature) argue that we must amend the West Virginia Constitution because current law treats religious organizations differently than non-religious entities by denying their First Amendment right to incorporate.  Actually, that is the point of the First Amendment – “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof.” NO law! Churches and religious organizations CANNOT be put under the laws of incorporation; they CANNOT be treated as a creation of the government as corporations are.

 IRS Pub 1828 says; “Churches that meet the requirements of IRC Section 501(c)(3) [which simply means they are churches] are automatically considered tax exempt and are not required to apply for and obtain recognition of tax-exempt status from the IRS.”

An incorporated church might become “tax exempt” (subject to the whims of the government and the bureaucrats running it!) but an unincorporated church is “non-taxable.”

Also from Pub 1828, Congress has enacted special tax laws that apply to churches, religious organizations and ministers in recognition of their unique status in American society and of their rights guaranteed by the First Amendment of the Constitution of the United States.  Churches and religious organizations are generally exempt from income tax and receive other favorable treatment under the tax law;”

 The West Virginia Constitution includes  “Provisions may be made by general laws for securing the title to church property, and for the sale and transfer thereof, so that it shall be held, used, or transferred for the purposes of such church, or religious denomination,” and that is why West Virginia has special laws for churches, including also exempting church property from taxation:  “(5) Property used exclusively for divine worship; (6) Parsonages and the household goods and furniture pertaining thereto; (7) Mortgages, bonds and other evidence of indebtedness in the hands of bona fide owners and holders hereafter issued and sold by churches and religious societies for the purposes of securing money to be used in the erection of church buildings used exclusively for divine worship or for the purpose of paying indebtedness thereon;” as well as cemeteries and benevolent property such as schools, orphanages, hospitals.

The prohibition on incorporating is REAL separation of church and state, as intended by the First Amendment.  The founders of our constitutional republic and of our state clearly believed that churches must be free of government control.

However, some people disagree with this foundational principle and want to eliminate the freedom and independence of the church that our Constitution and laws are based on.

 The West Virginia Nonprofit Corporation Act (2002 HB 2899, WV Code Chapter 31E) is a gargantuan law that, I’m fairly certain, covers every aspect of running a church that was left out of the Bible.  The authorizing bill was 140 pages; so it’s pretty likely that (contrary to what the Legislature claims) the state WILL tell churches how to run their organizations.

Furthermore . . . Do you realize that West Virginia is the lone holdout on keeping churches free of government?  Just imagine what the IRS can do, what restrictions it can impose, what chains it can use to bind Christ’s church, when that pesky holdout is eliminated?  If ALL churches are incorporated, then Pub 1828 can be re-written without the current reminders that churches are special and separate and naturally free of government control.  Yes, a lot of laws can be re-written. . . .

Every single church will then fall under the section of Pub 1828, titled, Political Campaign Activity. “Under the Internal Revenue Code, all IRC Section 501(c)(3) organizations, including churches and religious organizations, are absolutely prohibited from directly or indirectly participating in, or intervening in, any political campaign on behalf of (or in opposition to) any candidate for elective public office.”  etcetera, etcetera, etcetera.

It might even take away the church’s right to “Issue Advocacy.”  Yes, that IS still allowed.

Do the churches even care if they are under the government thumb?  Maybe not!  It’s a convenient “out” to say “I’m not allowed to participate in political activism.”  The main concern is not to offend anyone.  The donations might stop flowing in. 

 The problem with religious organizations is that they’re made up of fallible humans.  And, just like the evil elitists that we oppose, these humans can succumb to greed.  The churches want their donations and the donors want to deduct it from their income tax. 

Tax-exempt donations are a natural right that is still allowed, but the IRS has made encroachments. 

It has enacted recordkeeping rules, substantiation rules, and – the biggest one – requiring charitable deductions to be lumped with all other deductions on the Long Form and the total amount to exceed the Standard Deduction.  All this effectively means that most people no longer bother with it.

Where will it stop?  It WON’T stop unless we stop it!  Who will stand up for Christ’s church?

Would you like to download a copy of this? Here you go!

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BEWARE THE CON-CON!

Keep your eyes and ears open, folks, and your brains in gear! We are hearing more and more about an Article V constitutional convention (Con-Con) with several groups advocating for it, for several different reasons – from balancing the budget, to term limits, to campaign finance reform and limiting “constitutional rights” of corporations. Many of the groups work together, including sharing board members and belonging to a coalition named Call A Convention.
Call A Convention, whose goal is “a truly open and constructive” (i.e. unlimited) Article V convention, was formed in 2013 by Lawrence Lessig, a leftist, a blasphemer and friend and associate of both George Soros and Barack Obama. Lessig is also on the boards of Compact For America (CFA), ConventionUSA, and Rootstrikers and works closely with leftist Wolf-Pac as well as Mark Meckler’s Convention of States (COS). In West Virginia, it is mostly COS that has been wooing our legislators but recently CFA has been actively seeking supporters.
The COS website has a petition that calls for “an Article V convention to propose only amendments that would impose fiscal restraints on the federal government, limit its power and jurisdiction, and impose term limits on its officials and members of Congress.” Such a convention could easily become the “runaway” convention that sensible people fear would either radically alter our Constitution or even replace it with one of the socialist constitutions already written and waiting in the wings.
Compact for America calls for the creation of a compact of 38 states to petition Congress to call an Article V convention for proposing a balanced budget amendment (BBA) only. The application contains all the rules for governing the convention AND a pre-written BBA that would be “pre-ratified” within the initial applications. This appears to be the completely safe answer to all the fears previously expressed by critics.
But, please don’t believe in fairy tales. Not only is this Con-Con vulnerable to becoming a “runaway,” constitutional scholar Publius Huldah warns that it is “actually a tricky device for imposing a national sales tax or value added tax on the American People – on top of the income tax – and does nothing to limit federal spending.” Publius Huldah has also explained that – unlike the states, which require budgets – the federal government is limited by the Constitution to spending only for the few enumerated powers and obligations that it authorizes. A BBA would substitute a “budget” for the enumerated powers and authorize the national government to spend money on whatever it puts in the budget. “To add insult to injury,” Huldah alleges, “while all versions of a BBA pretend to limit spending, they actually permit increases in spending
and increases in debt whenever a majority votes to do so.”

Learn more about this http://ArticleVCon.weebly.com

Community Decency Platform Updated

In response to today’s misguided Supreme Court decision, the Executive Committee of the Constitution Party of West Virginia, in meeting duly assembled, has made the following revisions (as indicated below in bold text) to its platform position on “Community Decency.”
The US Supreme Court was wrong in 1857 in the Dred Scott Case. The same court was wrong in 1893 in Plessy v. Fergusson. And they were wrong in 1973 with Roe v. Wade. They are wrong today. Their word is not the last word, God’s Word is: “Because a sentence against an evil work is not executed speedily, therefore the heart of the sons of men is fully set in them to do evil.” – Ecclesiastes 8:11
Community Decency – revised
John Adams said “Our Constitution was made only for a moral and religious people. It is wholly inadequate to the government of any other.” To which his cousin Sam added, “While the people are virtuous they cannot be subdued; but once they lose their virtue they will be ready to surrender their liberties to the first external or internal invader,” and “if we are universally vicious and debauched in our manners, though the form of our Constitution carries the face of the most exalted freedom, we shall in reality be the most abject slaves.” These sentiments echo those of over a century earlier when John Milton, in his classic novel, Paradise Lost, narrated man’s fall from Grace and subsequent need to be obedient to Gods laws of Holy Scripture. “So many and so various laws are giv’n; So many laws argue so many sins,” said Milton.
What, then, is public virtue? It is clear from the writings of our founders that they intended temperance within the bounds of natural law in the establishment of a republican form of government rather than a theocracy. The most promising method of securing a virtuous and morally stable people is to elect virtuous leaders. As such, the CPWVa maintains that the State and local governments have the right and legitimate authority to restrict and prohibit obscenity and obscene material in any format and local establishments in accordance with community standards of morality and decency. To wit, we specifically address community decency in the areas of pornography, homosexuality, and gambling.
Pornography and homosexuality are a distortion of the true nature of sex created by God for the procreative union between one man and one woman in the holy bonds of matrimony. They are destructive elements of society resulting in significant and real emotional, physical, spiritual and financial costs to individuals, families and communities. Until 1973, the American Psychiatric Association correctly regarded homosexuality as a mental disorder, and thus schools and the military have every right to prohibit persons with this condition from their ranks. The same is true for the gender confused. It is abominable that homosexual radicals, aided and abetted by the corporate media, promote this sinful behavior as normal and harmless through the perversion of our language by calling it “gay” and using the rainbow as their symbol. This is nothing more than deceptive trickery to corrupt the innocent.
We reject the notion that sodomites and sexual offenders are deserving of legal favor or special protection, and affirm the rights of states and localities to proscribe offensive sexual behavior. We oppose all efforts to impose a new sexual legal order through the federal court system. We stand against so-called “sexual orientation” and “hate crime” statutes that attempt to legitimize inappropriate sexual behavior and to stifle public resistance to its expression. We oppose government funding of “partner” benefits for unmarried individuals. We oppose any legal recognition of homosexual unions and seek to prohibit homosexuals from adopting children. Legal marriage is between one man and one woman.
While we fully respect the constitutionally protected right to privacy of consenting adults, all sexually suggestive material must be kept as far away and out of reach from children as possible. This includes the location of men’s clubs, library and store books, and the content of public airwaves. Likewise, while we fully respect the constitutionally protected right to freedom of speech, consideration must be given to undesired exposure to racy public advertising and offensive or suggestive attire and behavior. This includes the appearance of road signs, promiscuous clothing styles and slogans, vehicle decorations, profanity, graffiti, and general blight.
Gambling promotes an increase in crime, destruction of family values, and a decline in the moral fiber of our country. We are opposed to government sponsorship, involvement in, or promotion of gambling in the name of economic development or for any other purpose.

Animals Platform Position Adopted

At it’s October 31, 2012 meeting, the Executive Committee of the CPWV adopted the following platform position:
Animals
We support the responsible and humane use of animals for food, clothing, medical research, companionship, assistance, recreation, entertainment, and education. It is our belief that people who keep, utilize and care for animals have a duty to assure their well-being; providing appropriate housing, nutrition, medical care, humane treatment and handling, and when necessary, humane euthanasia.
The ethical and regulated hunting, trapping, and fishing of abundant species are vital components of wildlife management programs which help sustain and perpetuate healthy populations and natural habitats. While we support the enforcement of state and local laws which maintain ecological conservation, prohibit mistreatment, and provide penalties for animal abuse, we only recognize the authority of similar federal laws on legitimate federal lands. We support laws that punish animal abusers for their misdeeds, and reject legislation that seeks to penalize everyone, responsible animal owners and industries alike, for the misconduct of the few.
We reject the anti-human philosophy of the so-called “animal rights” movement which often places the interests of animals ahead of people, even when human lives are at stake. Furthermore, we reject legal standing for animals, believing that the welfare of animals is best protected by retaining current laws which recognize animals as property. We are committed to preserving the human-animal bond, the special bond that exists when people live and work with animals and believe that campaigns to limit and ultimately abolish this interaction are unnatural, misguided and harmful to both people and animals. The sensational use of media campaigns to promote radical animal policies undermines the democratic process by promoting a misinformed electorate.

Resolution on CP Presidential Candidates

At its April 5, 2012 conference call meeting duly assembled, the CPWV Executive Committee adopted the following resolution regarding endorsement of presidential candidates by our delegates to the national party nominating convention in Nashville, Tennessee.
Whereas, individuals have approached the Constitution Party and the Constitution Party of West Virginia to seek nomination for political office who have not before been affiliated with the Party,
Whereas, we seek candidates who are committed to the Party’s platform,
And, whereas we are interested in attracting candidates who are committed to the long term growth of the Party,
Resolved, therefore, that we the members of the Constitution Party of West Virginia direct our delegates to the National Convention to support only candidates for President who pledge their unqualified endorsement of the Seven Principles of the Party platform, Read More

The Electoral College

At our February 25, 2012 meeting, the Executive Committee of the CPWV unanimously approved the following proposed National Party platform position to be introduced by our delegation at the upcoming national party nominating convention to be held in Nashville, TN in April:

Article II, Section I of the U.S. Constitution states, in part: “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.” This established our Electoral College.

Although the Constitution does not require the states to adhere to any specific manner in electing these electors or how they cast their votes, it suggests, by its wording, that prominent individuals well known in each congressional district, and throughout the states at large, would be elected or appointed as presidential electors. Under one such arrangement, a voter would vote for three individuals, one to represent his district and two “at large” representatives to represent his state. Under another “district ticket” arrangement, the state could be organized into single presidential elector districts equaling the whole number where the voters would then choose only one candidate for each. Either way, these electors, in turn, would then carefully and deliberatively, as participants in the Electoral College assembled, choose the next president. Under this system, each electoral district could select a different candidate if so desired. The candidate with the most electors nationwide would become the next president.

This was the general procedure used until the 1830’s at which time all the states, except for South Carolina, changed to a “general ticket.” Virginia had used the whole number single elector districts method. The Palmetto and Old Dominion states have since conformed and Maine and Nebraska are now the only two states which have returned to the congressional plus at-large district ticket. Inherently, the “general ticket” system causes corruption by the inequitable transfer of power from congressional districts to the states and large cities at the expense of rural communities. And, because individual names of presidential electors are no longer placed on the ballots (having been replaced with typically unlisted slates of party nominated electors) the presidential electors are largely unknown to the voting public.

The Constitution Party therefore encourages states to eliminate the “general ticket” system and return to the procedure intended by the Framers. We additionally encourage the placement of the individual names of presidential electors along with only their city of residence directly on the ballot and in lieu of combined slates or political party affiliation. Furthermore, eliminating the listing of actual political party presidential nominees will go a long way towards developing an informed electorate. Our Constitution established a republican form of government, not a democracy, and as such we are vehemently opposed to the National Popular Vote Plan and any other efforts to either abolish or mitigate the Electoral College.

CPWV Platform Position on Education Adopted

At the November 12, 2011 State Party meeting, officers of the CPWV adopted the following platform on Education:
Thomas Jefferson once said, “If a nation expects to be ignorant and free, in a state of civilization, it expects what never was and never will be.” A well educated and inquisitive public is essential to an informed electorate which is then capable of defending our liberties and maintaining our American way of life.  John Milton, author of the classic Paradise Lost, said “The end of all learning is to know God, and out of that knowledge to love and imitate Him.” Thus the mark of a quality education is that it inspires lifelong scholarship and devotion to the tenets of our Creator.  This begins in childhood with elementary lessons preparatory to a broadened high school curriculum, and is then refined to meet piqued interests and aspirations via vocational, college and university plans of study.  Ideal voters are thus those who have become self-learners instilled with a passion for knowledge and who look to numerous sources to quench their thirst for truth and understanding.
Because it is public education which, through taxation, statutes, bureaucracy, and elected school boards, finds itself in the political arena, this is where the CPWV takes its strongest interest.  We also seek to protect the rights of private, parochial, and homeschoolers, as well as promote the use of public libraries, museums, and historical sites as places of learning.  Since Article XII § 1 of the West Virginia State Constitution mandates that “the legislature shall provide, by general law, for a thorough and efficient system of free schools,” public education in our state must accurately reflect each of the key words of this requirement.
Legislature: The word “legislature” specifically refers to the West Virginia State Legislature which is presently comprised of one hundred and thirty-four duly elected State Delegates and Senators.  Our legislature does not include any members of federal Congress or any employees of any federal, non-governmental, or international agencies.  Thus, by law, only Mountain State residents may have any control over our educational process.  According to the 10th Amendment, “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 federal Department of Education is without authority here and all mandates from it, its deceptively named sub-agencies such as the proposed Office of Rural Education, or any other outside groups are without force.
Provide: The word “provide” means to make available for voluntary use.  It does not mean to force or coerce which is the action of tyrants.  And, because learning requires an open and receptive mind, effective education cannot be forced upon our youth.  The natural law of our Creator assigns the authority and responsibility of educating children to their parents.  So that parents need not defy conflicting statutory law by refusing to send their children to schools of which they disapprove, compulsory attendance laws, and especially those for preschool and kindergarten, should be repealed.  Another reason for repealing compulsory attendance laws is that, much like perishable food which will spoil if not eaten, it is wasteful of public funds to attempt to provide education to those who would refuse it.  Therefore, public education should only be maintained for children who enter the classroom prepared to learn.  This preparedness is the onus of the parent/guardian who must ensure that their children arrive at school with a motivated interest in learning.  Because of this key symbiotic parent-child relationship, we hold that the concept of education as a fundamental right is patently erroneous and it has no constitutionally preferred status.
General Law: The term “general law” refers to public legislation which becomes statutory law in the form of West Virginia Code.  In order to be lawful, these new written edicts may not conflict with the natural law of our Creator or the organic structure or protected rights of our Constitution.  The “general” nature of these laws signifies that they leave room for development and implementation at the county level, establish basic educational expectations, and allow teachers to independently instruct and train their pupils without micromanagement.
Thorough: The word “thorough,” being the first adjective for “system,” refers to the curriculum of a comprehensive and well rounded education.  The CPWV holds that a thorough education is a broad one which consists of the following eight academic characteristics:
1)      Reading is paramount.  The road to education lay through great books.  No man is educated unless he is acquainted with the masterpieces of his tradition – books that have endured.  The wisdom that lies in the works of the world’s greatest thinkers is to be captured and brought to bear on modern society’s problems.  However, revision of literature, for the sake of readability (including condensed versions), ostensibly for young readers, is an Orwellian danger.  A curious reader is a life-long self learner.
2)      Writing and grammar skills come from reading experience.  Compositional ability is directly connected to the quality, quantity, and variety of books read.  Thus, hand-written essays and book report assignments should be expanded.  Also, foreign languages, studies which strengthen ones understanding of their own tongue, should be emphasized; particularly the romance languages and Latin.
3)      Mathematics and the analytical sciences are crucial to the development of critical thinking skills.  Problem solving without electronic devices should be the emphasis of basic algebra, geometry, trigonometry, chemistry, and physics.  Real laboratory experiments should be reinstated without fear of lawsuits.
4)      Comprehensive health education should include courses in biology, botany, and nutrition with sex education confined to the study of basic anatomy and pathology rather than social issues.  Earth sciences and ecology should be taught with respect to man as the dominant species.
5)      In his 1788 book On the Education of Youth in America, Noah Webster said “Every child in America should be acquainted with his own country. He should read books that furnish him with ideas that will be useful to him in life and practice. As soon as he opens his lips, he should rehearse the history of his own country.” American history and civics should include basic law and political content and must replace “social studies.”  Geography, world, European, ancient, and West Virginia history should be interwoven into these studies.
6)      Learning to speak properly and effectively deliver an oral message is something which forces the student to simultaneously develop a strong command of his language as well as the detail subject matter.  It also instills self confidence and improves social skills.  An increase in student presentations and class debates with attention to forensics and reasoning are suggested ways to improve proficiency in this area.
7)      All teaching is related to basic assumptions about God and man.  Education as a whole, therefore, cannot be separated from religious faith.  In fact, public education began so that people could read the Bible on their own.  A Biblical foundation, which is the basis for our laws and civil rights, should be a part of the curriculum, even if at least as literature.  School prayer and invocations at sporting events should be permitted at the option of local school boards.
8)      Consensus and leadership workplace skills should be left to parents and civic groups such as scouting, 4H, and church groups.  This includes the curbing of compelled fundraising.
Efficient: The word “efficient,” being the second adjective for “system,” refers to the intensity of the curriculum and the management of its administration.  First and foremost, the myriad of distractions in today’s schools must be eliminated.  These include all personal electronic devices (zero tolerance), Channel 1, daytime extracurricular activities, and excessive student interaction.  Where possible, pupils should be separated by gender and coed physical education should be prohibited.  To keep focus on the teacher and students on task, desks should be arranged not in distracting groups, but in rows (by random seating) or, even better, in cubicles.  Computers should be kept in a designated area for research and scholastic purposes only.  Since unruly and discourteous students are disruptive to the learning environment, corporal punishment must be reinstated and judiciously used as it is in twenty-two other states.  We entertain a return of the reform school as a discipline measure.  Because self respect is a prerequisite to respect for others, particularly teachers, obnoxious attire, hair, and jewelry should be abated through the implementation of simple dress codes.  Federal government control of education is inefficient as well as unconstitutional.  Thus it is that we seek local school control beginning with parents, school administration and then the county authority.  To better understand their school issues, we encourage parental attendance in the classroom.
System: The word “system” refers to the pedagogy of the individual schools.  It is the specific instructional methodology that prepares adolescents for adult life – the “learning ladder” to success.  We strongly oppose Global21 agenda outcome based education and reject teaching to standardized tests where test results are tied to funding.  The real purpose of testing is for teacher evaluation to improve the instructional method.  Recognizing that the bell curve is natural and some students will excel while others will not, we favor replacing, after the elementary level, age-based classes with ability-based training.  Most lessons should be textbook based rather than group-think consensus projects.  Guidance counseling for career-based course selection needs to be expanded at the middle school level, not earlier, with emphasis on college preparatory, professional, and vocational decision paths.  We are adamantly opposed to the consolidation of school districts and aver that individual counties have ultimate administrative and supervisory authority, not the state or regions via centralized power.  Under no circumstances should the federal government be involved in national teacher certification, educational curricula, textbook selection, learning standards, comprehensive sex education, or psychological/psychiatric research testing programs.
Free: The word “free,” as an adjective for schools, has several meanings among which are: no direct costs, open to children of all demographics, and unencumbered by government bureaucracy.  Financially, since it is largely property taxes which fund our schools through socialistic wealth redistribution, the public deserves to get its money’s worth.  Since academic performance has been on the decline in America since the 1980s, it is clear that progressive increases in technology spending have not been good value.  The proliferation of computers, smart boards, and other devices in the classroom is more distraction than instruction.  School monetary focus needs to be on basics like maintaining attractive teacher salaries and making sure that each student has their own subject textbook rather than relying only on classroom sets.  Allocated spending which results in expensive unused books and canned teaching materials should be eliminated.  Assistance to low-income families in meeting school supply or nutrition needs must be borne by charity.  As long as totally free from federal subsidies, we support equitable local tax relief or voucher programs for families whose children do not attend government schools.  Additionally, the public has the right to access, for the purpose of lawful public assembly and with reasonable use policy, school facilities after regular hours.
Schools: The word “schools” refers to places of academic learning where the purpose is intellectual development, not social pleasure.  Our system of public education was not created for entertainment or free day care purposes.  We reject the idea of schools as the cultural hub of a community.  All extracurricular non-academic activities must be held after school and either privately funded or turned over to other local civic groups.  So called “work enrichment” experience programs are nothing more than shameful compulsory volunteerism which promotes the odious global agenda and should be abolished.  Youth who are not interested in developing their mental acumen need not attend our public schools.
The reduction of a citizen to an object of propaganda, private and public, is one of the greatest dangers to our Republic.  A prevalent notion is that the great mass of the people cannot understand and cannot form an independent judgment upon any matter; they cannot be educated, in the sense of developing their intellectual powers, but they can be bamboozled.  The reiteration of slogans, the distortion of the news, the great storm of propaganda that beats upon the citizen twenty-four hours a day all his life means either that democracy must fall prey to the loudest and most persistent propagandists or that the people must save themselves by strengthening their minds so that they can appraise the issues for themselves.  Thus it is that we support the unimpeded right of parents to provide for the education of their children in the manner they deem best, including home, private or religious.  We oppose all legislation from any level of government that would interfere with or restrict that liberty.

Resolution on the Presidential Ineligibility of Barack Hussein Obama

By unanimous consent of the CPWV Executive Committee at meeting duly assembled at Terra Alta, Preston County, WV, September 11, 2011, the following resolution has been proclaimed and simultaneously proposed for introduction at the upcoming CP National Party meeting on October 7th/8th in Coeur D’Alene, Idaho.
Whereas, Article II, Section 1, Clause 5 of the United States Constitution states that No person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President…
Whereas, Barack Hussein Obama was not born until the 20th century and was thus not a Citizen of the United States in the Year of Our Lord, 1788 when our Constitution was adopted.
Whereas, Article I, Section 8, Clause 10 of the United States Constitution states that The Congress shall have Power …To define and punish Piracies and Felonies committed on the high Seas, and Offenses against the Law of Nations.
Whereas, The Law of Nations is a set of books by the Swiss writer Emerich de Vattel and was originally published in the French language in 1758. This important work was studied by our founders, particularly as evidenced by George Washington’s two-hundred year overdue copy from the New York Public Library, and defines the principles of the law of nature applied to the conduct and affairs of nations and sovereigns. Its clear reference in the United States Constitution is proof positive of our Founders’ desire that it be a primary source of understanding.
Whereas, Book 1 of The Law of Nations, Chapter XIX, § 212 (Joseph Chitty numbering) – “Citizens and natives” reads:
The citizens are the members of the civil society; bound to this society by certain duties, and subject to its authority, they equally participate in its advantages. The natives, or natural-born citizens, are those born in the country, of parents who are citizens. As the society cannot exist and perpetuate itself otherwise than by the children of the citizens, those children naturally follow the condition of their fathers, and succeed to all their rights. The society is supposed to desire this, in consequence of what it owes to its own preservation; and it is presumed, as matter of course, that each citizen, on entering into society, reserves to his children the right of becoming members of it. The country of the fathers is therefore that of the children; and these become true citizens merely by their tacit consent. We shall soon see whether, on their coming to the years of discretion, they may renounce their right, and what they owe to the society in which they were born. I say, that, in order to be of the country, it is necessary that a person be born of a father who is a citizen; for, if he is born there of a foreigner, it will be only the place of his birth, and not his country.
Whereas, the 1995 memoir Dreams from My Father: A Story of Race and Inheritance repeatedly references Barack Hussein Obama’s father as being of Kenyan citizenship.
Whereas, the April 27, 2011 “Certification of Live Birth” (long form) birth certificate posted on the whitehouse.gov website confirms that the Kenyan, Barack Hussein Obama, Sr., is the father of the current White House occupant.
Whereas, the Immigration and Naturalization Services records of Barack Hussein Obama, Sr., as recently obtained by the “Arizona Independent,” confirm his dual Kenyan and British citizenship.
Whereas, Amendment 20, Section 3 of the United States Constitution states that …if the President elect shall have failed to qualify, then the Vice President elect shall act as President until a President shall have qualified; and the Congress may by law provide for the case wherein neither a President elect nor a Vice President elect shall have qualified, declaring who shall then act as President, or the manner in which one who is to act shall be selected, and such person shall act accordingly until a President or Vice President shall have qualified.
Resolved, that the Constitution Party finds that the putative president Barack Hussein Obama is not a natural born Citizen and has thus failed to qualify for the office of U.S. President.
Resolved, that the Constitution Party advocates the immediate removal of the usurper and the installation of an eligible candidate to the office of acting President.
Resolved, that the Constitution Party calls upon Congress to act in its 20th Amendment capacity to immediately reconvene the December 2008 Electoral College and appeals to it to hold a new vote amongst all eligible 2008 party nominees and independent candidates so as to elect a legitimate president to fill out the remaining term.
Resolved, that the Constitution Party also calls upon Congress to act in its 20th Amendment capacity to immediately pass such laws as may be necessary to lay before the public with unquestionable legal authority that body of government or official(s) which is to have primary responsibility in determining presidential eligibility. We the people demand an end be put to the audacious questions of standing and passing the buck between members of Congress and the judiciary for this critical issue.
Resolved, that the Constitution Party calls for an immediate independent investigation into Barack Hussein Obama’s background, actions, associations, and public and private records and demands thorough and swift prosecution of all those persons and organizations involved in the perpetration, cover-up, enabling and abetting of any and all associated fraud.
Resolved, that the Constitution Party calls for the nullification of all laws and executive orders enacted by the Obama administration including the removal of Supreme Court Justices Sonia Sotomayor and Elena Kagan as well as all other persons appointed to any and all offices by the putative usurper president.

Motor Vehicle Laws Platform Position Adopted

By unanimous vote of its Executive Committee, at meeting duly assembled in Terra Alta, Preston County, September 11, 2011, the Constitution Party of West Virginia has adopted the following state platform position:
Motor Vehicle Laws
Free people have a common law right to travel on the roads and highways that are provided by their government for that purpose.  This natural right is an unrestricted one as long as there is no damage or violation of the property or rights of others.  The 1215 Magna Carta, the basis of all of our American founding documents, enshrined this right to travel in Articles 41 and 42 which respectively state, All merchants may enter or leave England unharmed and without fear, and may stay or travel within it, by land or water, for purposes of trade, free from all illegal exactions,” and “It shall be lawful to any person, for the future, to go out of our kingdom, and to return, safely and securely, by land or by water.” Additionally, in Shapiro v Thompson, 394 U.S. 618 (1969), Justice Potter Stewart noted in a concurring opinion that the right to travel “is a right broadly assertable against private interference as well as governmental action. Like the right of association…it is a virtually unconditional personal right…” The Articles of Confederation had an explicit right to travel, and we hold that the right to travel is so fundamental that the Framers thought it was unnecessary to include it in the Constitution or the Bill of Rights.  “The right to travel is a well-established common right that does not owe its existence to the federal government. It is recognized by the courts as a natural right,” declares Schactman v Dulles 96 App DC 287, 225 F2d 938, at 941.
Therefore, licensing of travelers cannot be required of free people because taking on the restrictions of a license requires the surrender of an inalienable right.  This is confirmed in the Federal court decision Murdock vs. Pennsylvania 319 US 105 (1942) which said, “A state cannot impose a license, tax or fee on a constitutionally protected right.” As such we support legislation such as the Georgia Right to Travel Act, House Bill 875 (November 2009) and advocate replacing the state-issued license for travelers with a simple and privately issued (through DMV accredited training schools) Operator Competency Certificate.  Note that this OCC would not be a form of identification and would only be for the sole purpose of promoting the safe operation of motorized conveyances on public roads.  As exhibited at the Washington, DC Museum of American History’s “Transportation in America” display, wallet-sized operator’s certificates worked just fine for us for many years until they were surreptitiously converted into licenses in the 1950s.  They contain no photographic images or biometric identifiers and are not part of or accessible by any criminal database or national ID system.  Other forms of State ID such as passport cards are currently available and should remain completely voluntary.
As with the overtly Draconian “Obamacare” health insurance scheme which has been ruled unconstitutional and struck down by a number of courts (U.S. District Court Judge Roger Vinson of Florida, Federal District Court Judge Henry E. Hudson of Virginia, and the U.S. Appeals Court for the 11th Circuit in Atlanta to name just a few), compulsory motor vehicle insurance is also coercion to contract and equally unconstitutional.  Likewise, annual safety inspections effectively result in collusion with repair facilities which benefit from the added customers.  Whereas insurance agencies and auto shops are both for-profit businesses and there is no place in a truly free society for governments to be in bed with corporations, we call for a repeal of these fascist statutes and instead advocate a return to individual responsibility.  Nobody wants to intentionally risk their own lives or the lives of others on the public roads and government regulations and legislation are not guarantees of safety.  Thus, travelers should only be required to sign a simple legally binding annual agreement of financial responsibility, competency, and medical and equipment fitness.
The automobile is perhaps the ultimate example of the Declaration’s “life, liberty, and the pursuit of happiness.” Having a deep-rooted appreciation of our inventive and industrious heritage, we are passionate and nostalgic for them.  Thus it is that our conveyances proudly belong to us and are our personal property.  We seek an end to the hijacking of automobile ownership through DMV bureaucracy which covertly exchanges Manufacturer Statements of Origin (the iconic “pink slip”) for state-issued Certificates of Title and the now “privilege” of “driving.”  Additionally, we favor using “number tags,” not “license plates” which generally stay with the conveyance for its life as is done in Europe.  Whereas having to show tax paperwork to register a vehicle is akin to requiring a constitutionally prohibited poll tax to vote, we advocate the abolition of all feudal “property tax” rent payments. And, we declare that our constitutionally protected rights to privacy and against self-incrimination are held inviolate in our personal space inside of our modes of transportation.  This is true whether it be with regard to unwarranted searches of our possessions or our personal decisions on the use of seat-belts, air bags, helmets, cell phones, daytime running lights or event data recorders.
The purpose of law enforcement is to protect and serve, not to act as revenue agents.  Likewise, the only legitimate roles of the DMV are to keep track of rolling stock ownership, their associated number plates, registration tags, and operator training accreditation.  Other than local bonds, all costs to provide and maintain the public roads should be borne by the annual plate tax which should be based solely on the manufacturer’s stated gross vehicle weight and not the perceived value of one’s conveyance.  Since we propose eliminating its records of personal information and insurance bureau, the DMV will be greatly streamlined further reducing costs.  Furthermore, we call for an end to prosecutions for victimless crimes where there are no injured parties.  Operators of motorized conveyances are not criminals.  Law enforcement can deal with motoring infractions in a civil and polite manner by brief detainments for safety talks and the point system.  Highway speed limits should be based on average traffic pattern values rather than arbitrary numbers.
Roadblocks are properly used only to promote the public safety, particularly in emergency situations, and for manhunts and other legitimate procedures.  We concur with both the Michigan Supreme Court and Justice Clarence Thomas (re: Sitz vs. Michigan) that slyly renaming them “sobriety checkpoints” opens the door to all manner of potential police harassment and intimidation and is blatantly unconstitutional on plain to see 4th and 5th Amendment grounds.  Across the country, DUI roadblocks are being turned into multi-million dollar enterprises where they are used as an excuse to confiscate vehicles, assess crippling fines, and arrest motorists for a host of non-alcohol related violations.  Likewise, we are opposed to unverifiable speed and red light cameras as well as anti-liberty stop and ID laws.  We seek an end to street assaults against the sovereign people for failing to exhibit a State-issued confession of subject-class citizenship.
“The use of the highway for the purpose of travel and transportation is not a mere privilege, but a common fundamental right of which the public and individuals cannot rightfully be deprived,” concludes Chicago Motor Coach v. Chicago, 169 NE 221.  Thus, and especially where rights secured by the Constitutions of the United States and the State of West Virginia are involved, the legislature has no power to abrogate the citizens’ right to travel by passing statutes forcing him to waive and convert that right into a privilege.  “The claim and exercise of a constitutional right cannot be converted into a crime,” ruled Miller v U.S. 230F 486 at 489.  There can be no sanction or penalty imposed upon an individual because of this exercise of constitutionally protected rights.  We seek a common sense and unobtrusive yet responsible approach to motorist safety.

Personal Liberty Platform Position Adopted

By unanimous approval of its voting membership, at meeting duly assembled in Beckley, Raleigh County on January 22, 2011, the CPWV has adopted the following platform position on Personal Liberty.

When America proclaimed that all men are created equal and endowed with unalienable rights, it was a repudiation of the European system of a self-righteous royalty. The people were to assume “the separate and equal station to which the Laws of Nature and of Nature’s God entitle them.” However, people cannot enjoy life, liberty and the pursuit of happiness unless they are sovereign and government is their servant. Sovereignty is being “the king of one’s castle,” constrained only by righteous laws harmonious with the directives of the Creator. That is why the Ten Commandments were etched in stone in numerous places including the edifice of the U.S. Supreme Court. The prime directive of all government bodies must be the protection of our ordained unalienable rights where the word unalienable is understood to mean incapable of being subject to the stipulations or modifications of a lien – a manmade statute. Thus, the CPWV espouses that personal liberty encompasses but is not limited to the following ten areas:

1) Freedom to express our opinions: Other than reckless endangerment of the physical well being of others such as falsely yelling fire or inciting a riot, and within the standards of community decency, we are at liberty to espouse our views even if others find them objectionable. And, public officials have no authority to limit this speech to some arbitrary zone.

2) Worshiping without interference: The First Amendment espouses freedom “of religion,” and “the free exercise thereof,” not freedom from religion, and specifically applies only to religious establishments which are churches. Reading or use of words such as “God,” “Lord,” “Creator,” or scripture, which is literature, is not a church to be separated from the state.

3) Political freedoms and freedom of assembly: Our freedom of speech, thought, and civil and private action should be unrestricted as to group size. As long as there is no impediment to normal public traffic, no permits shall be required of us to gather anywhere we please. Voter disenfranchisement is to be vigorously combated through the proper application of election laws, and our government servants are obligated to respond to our petitions in a timely fashion.

4) Keeping and bearing arms without infringement: The founders crafted the Bill of Rights, and in particular the Second Amendment, to protect people from the tyranny of oppressive government. It is ludicrous for that same government to reinterpret the wording of these basic rights so as to limit or change their original meaning as they see fit. Well regulated” simply means trained, not government controlled. “We the people” are the militia.


5) Private property ownership without annual tax: Recurring taxation of an asset is feudal ownership of it and repugnant to “the pursuit of happiness” (originally worded as “the pursuit of property”). In the past, limited government has functioned just fine with revenues from only tariffs, duties, imposts, and one-time sales taxes on voluntary purchases.


6) Being secure in our affects and not monitored, tracked or traced in our daily movements, communications, and associations: We seek a halt to Homeland Security’s unconstitutional intrusions into citizen’s lives without court order.  The Real ID Act has created a defacto national ID and must be rescinded. The Fourth Amendment must be respected and upheld in its entirety.


7) Control over our own bodies: People should decide for themselves what nutrients, medical protocols, vaccinations, and medications are in their best interest. Prosecutions of victimless crimes must stop. It is not the government’s job to protect citizens from themselves.


8) Freedom to exercise the sacrament of matrimony as ordained by God without state intervention. We seek a simple return to publicly recorded engagements and marriages, by churches or county clerks, with common law witnesses to satisfy the requirements of basic legal recognition. As Noah Webster’s 1828 dictionary rightfully states, “Marriage was instituted by God himself for the purpose of preventing the promiscuous intercourse of the sexes, for promoting domestic felicity, and for securing the maintenance and education of children.” We seek an end to the perversion of marriage into a commercial system of state-issued privileges through the so-called government third party “marriage license” whereby incorporated “courts” presume the “right” to trespass on families and render control over their children.


9) Raising our children as parents or guardians see fit. It is an awesome responsibility of the family, the foundational unit of society, to decide what is in their own best interest. Only when there is clear criminal behavior resulting in physical injury should a local elected sheriff become involved after sworn affidavit and a judge-issued warrant. The government shall not be involved in a family’s agreed-upon medical protocols for any family members, whether they be adults or children, nor shall it interfere with the family’s responsibility for all educational decisions. The people possess divine rights of nativity irrespective of any State birth certificate ownership claim or the CPS.


10) Freedom to travel and use public spaces: End street assaults against the sovereign people for failing to exhibit a State-issued confession of subject-class citizenship. In place of these, substitute sovereign identification to facilitate safe and free passage throughout the land. Traffic control and roadblocks for revenue generation are detestable and are to be prohibited.


We must jealously guard our liberties. As William Pitt said, “Necessity is the plea for every infringement of human liberty; it is the argument of tyrants; it is the creed of slaves.” Likewise, we must heed Benjamin Franklin’s dire warning when he said, “Any society that would give up a little liberty to gain a little security will deserve neither and lose both.” Our duty is to know what real liberty is, and to proclaim our resolve to guard, exercise, and if need be, re-establish it.