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Are elected officials & government employees “above the law”?

Are elected officials and government employees “above the law”? Brunson Brothers Constitutional challenge, next SCOTUS conference June 22, 2023

Op Ed By Brenda Donnellan on June 9, 2023

Do we expect our public servants to obey the Constitution? Can we REQUIRE our elected employees to follow the Constitution?

The answers ought to be that “Nobody is above the law” and “Yes, we must require them to obey the law” and, remember, the Constitution was written to limit the power and authority of the federal government.

But, over the centuries, Americans became apathetic and forgot to keep an eye on their government. You might say they were intentionally lulled to sleep by very sly, conniving, power-hungry people with ulterior motives who would exploit that apathy.

Then, in March 2021, an almost iconoclastic event occurred. An attempt to force congress to obey the Constitution and to protect America! The Brunson brothers of Utah filed a lawsuit against 385 members of Congress, former Vice President Pence, President Biden and Vice President Harris. The brothers’ claim is that, amidst the allegations of election fraud in the 2020 election, including possible foreign interference and the breaking of many state and federal laws, 100 members of congress proposed an investigation into those allegations, but a majority of members wrongfully voted against the investigation.

The Brunson brothers (Loy, Raland, Deron and Gaynor) realized that – whether or not election fraud had occurred – congress had a duty to investigate the allegations of threats to our country and our Constitution. In refusing to investigate, these members of congress broke their oath of office, and the lawsuit seeks to punish them by permanently removing them from office and not allowing them to hold public office again.

The Brunson lawsuit: https://ralandbrunson.com/ Background of the case, the 3 lawsuits, and individual timelines of Loy’s suit and Raland’s two suits. https://loybrunson.com/ Latest updates from Loy, including a sample letter for you to send to SCOTUS.

Jenna Ellis, formerly a lawyer in Trump’s White House and now a radio personality, claims that “we the people” have no right to scrutinize every vote and ask the courts for their opinion. (https://www.msn.com/en-us/news/politics/trump-attorney-sides-with-supreme-court-knockingdown-case-to-reinstate-him/ar-AA168qeI)

She is perpetuating the laissez-faire attitude that allows unscrupulous people to get themselves elected and then write the rules for how they do their jobs as though they are the owners of America instead of servants of the American people.

Jenna claims that the proposed investigation is not a “justiciable” issue, not appropriate to adjudication by the judiciary. That is a curious statement since it is accepted since Marbury vs. Madison in 1803 that the Supreme Court has the right of Constitutional oversight of the other two branches. (https://www.archives.gov/milestone-documents/marbury-v-madison)

Jenna completely ignores that little phrase in Article VI of the Constitution that is the crux of the lawsuits. “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; . . . .” If elected servants are not bound by this qualification then the entire Constitution is worthless. It might be iconoclastic at this point in time to stand up to federal tyranny, but we must begin to ENFORCE THIS STANDARD, THIS OATH, for EVERY SINGLE EMPLOYEE.

She dismisses the vote on the investigation as a “political question” with a flimsy discussion of “authority.” It is not a question of law regarding investigations, as Jenna suggests. The question is, when 100 members of congress were concerned about a possible threat to the nation, did they look into it? Did they obey their oath? Did they protect the Constitution and the country and the people of the United States from threats, both foreign and domestic?

In addition, Article IV, Section 4 of the Constitution provides that, “The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion[.]” Did the three branches of the United States government do their job during the 2020 election to guarantee a republican form of government and to protect us against invasion?

Jenna is correct in saying that, if we don’t like their votes, we should send our representatives packing. But this particular vote/issue is a threat to our sovereignty, to our country’s continued existence, to the foundation of the United States of America. If those who are trusted with concocting laws to regulate our lives and tax our livelihoods will not protect us from enemies who threaten our free elections; if they do not even care to investigate the possibility that breaches occurred – then they must be held accountable.

So what if this fundamental precept of our Constitution hasn’t been enforced in the preceding 230 years! Now that we recognize our failures; now that we see clearly that our country is being systematically dismantled; now that we are learning about “enemies, foreign and domestic”; the time has come for radical action.

Does Jenna believe that the only role “we the people” have in our government is to vote every two years and otherwise support the candidates of our choice? And, what alternative do we have if voters of one state send good representatives to Washington but other states consistently send men who appear to hate the Constitution? Is there no recourse for “we the people” of the first state?

I think that a lot of people are afraid to upset the apple-cart. Others might worry that “we the people” will read the Constitution some more and realize that the federal government is exceeding by magnitudes the limits set by the Constitution; that the federal government has assumed many more powers than the few enumerated ones granted to it by the states. “We the people” might realize that we have been lied to about the “supremacy clause.” Article VI does not say that the federal government is supreme. The states would never have agreed to that! It declares that the Constitution itself and laws made in support of IT will take precedence over any laws (federal or state) that might conflict with it. And, at the same time, any law that is not authorized by the Constitution is, according to the Founding Fathers, null and void.

The courts haven’t been very helpful in our efforts to demand election integrity and to expose corruption, and that likely will continue. But, I agree with the Brunsons – who have given them several chances. Let’s give them another chance. They might get it right this time!

Brunson-BrothersDownload

A digital prescription for business

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Presentations play role in market

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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!
Church-Incorporation-ExplainedDownload

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Our Position Statement on 2022 Constitutional Amendments

What do you think our official position on these constitutional Amendments? Let us know

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The Constitution Party of West Virginia supports Amendment 1
….West Virginia Amendment 1,
….Clarification of the Judiciary’s Role in Impeachment Proceedings Amendment
Clarifying that courts have no authority or jurisdiction to intercede or intervene in or interfere with impeachment proceedings of the House of Delegates or the Senate; and specifying that a judgment rendered by the Senate following an impeachment trial is not reviewable by any court of this state.


The constitution gives the sole power of impeachment to the House of Delegates and the sole power to try impeachments to the Senate. The amendment would simply clarify that “no court of this state” has any role at all, either in impeachment proceedings or in review of the outcome.

The court acted improperly in 2018 when the Supreme Court of Appeals prevented the Senate from conducting an impeachment trial of Supreme Court Justices when temporary (substitute) justices ruled that the impeachment proceedings violated the state constitution’s separation of powers clause. This is a ludicrous claim since the constitution allows that, “Any officer of the state may be impeached for maladministration, corruption, incompetency, gross immorality, neglect of duty, or any high crime or misdemeanor.” And, only the legislature may impeach.


This clarification is necessary to prevent any future errors of this kind.


The Constitution Party of West Virginia opposes Amendment 2
….West Virginia Amendment 2
….Property Tax Modernization Amendment To amend the State Constitution by providing the Legislature with authority to exempt tangible machinery and equipment personal property directly used in business activity and tangible inventory, personal property directly used in business activity, and personal property tax on motor vehicles from ad valorem property taxation by general law.


….First: Don’t be fooled. Although formally named the “Authorize Tax Exemptions for Vehicles and Personal Property Used for Business Amendment,” it does not authorize a single exemption; it only authorizes the Legislature to consider the matter sometime in the future.

….Second: Even though West Virginia has had Billion Dollar surpluses in recent years, there is actually no plan or incentive to reduce the tax burden on regular citizens.

As Governor Justice has said, the only reason the vehicle tax is included in Amendment 2 is to “get your vote.” What the Legislature wants is the constitutional ability to eliminate taxes on property, equipment and inventory used in business and manufacturing. They view this tax as a hindrance to business which discourages new business from locating in the state and they currently use an exemption of this tax as an incentive for new businesses to start up or move here.

….Third: Property tax is a county tax, administered by the counties. IF the Legislature were inclined to reduce our tax burden, it could easily – and without changing the constitution – have reduced the state income tax. The House has voted three times to reduce the state income tax but the Senate opposed it every time. Why are senators so unwilling to work within their own sphere of authority, attempting instead to commandeer the authority of counties and supplant the officials that are closer to the people?

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The Constitution Party of West Virginia (strongly) opposes Amendment 3
….West Virginia Amendment 3
….Incorporation of Churches or Religious Denominations Amendment To Authorize the incorporation of ….churches or religious denominations.

The current/original wording of West Virginia Constitution, Article 6, Section 47:
“No charter of incorporation shall be granted to any church or religious denomination. 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.”

….Question 1: Why does the Legislature want this amendment passed? Perhaps it is to bring the constitution in line with W Va Code. Yes, that’s the opposite of proper law-making. But. . . . When HB 2899 (The West Virginia Nonprofit Corporation Act) was passed in 2002, it contained this line: “(b) No charters or certificates of incorporation may be granted or issued to any church or religious denomination.” Yet, somehow, that line is omitted from Code (Chapter 31E), and “religious” is inserted as a lawful purpose. Ask our law-makers how this happened! Every single church incorporation in this state is illegal because it is unconstitutional.

….Question 2: What about separation of church and state?
The founders of our constitutional republic and of our state clearly believed that churches must be free of government control. Corporations, however, are creations of government and must operate under its prescribed laws.
The West Virginia Nonprofit Corporation Act (2002, HB 2899) is a gargantuan law that, I’m fairly certain, covers every aspect of running a church that was left out of the Bible.

It is a fundamental truth that if our laws are in accordance with God’s laws then that can bringblessings and the other can bring cursings.

….Question 3: Is incorporation necessary to become a 501 C(3) with the IRS?
Why would a church even want 501 C(3) status? 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” under the First Amendment to the U.S. Constitution which maintains that “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; ….”

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The Constitution Party of West Virginia supports Amendment 4
….West Virginia Amendment 4
….Education Accountability Amendment. The purpose of this amendment is to
clarify that the rules and policies promulgated by the State Board of Education, are subject to legislative review, approval, amendment, or rejection.


The Legislature has “rule-making review” of every department except education which calls itself; a “fourth branch of government.”

We would rather have education decisions made by someone more accountable to parents and voters yet we’re not sure that “politicians” will do a better job than the education establishment. Ideally, we would like a “third option” that would restore the voters’ ability to elect the Superintendent of Free Schools. That might happen next year, but this year we must settle for constraining the Board of Education through Legislative oversight. One thing for certain is that the current education system is not providing the rigorous academics and the incentives for achievement that parents are asking for.

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Would you like to download a copy of this? Here you go!
Position-Statement-on-AmendmentsDownload


Come to our 2021 Fall Statewide Committee Meeting

We encourage you to join us in Parkersburg, and experience this in person, but if you cannot; … then we have some good news for you. See and Hear it Live Online! ? Right Here > https://livestream.com/accounts/11933679/events/9874413

Special Guest Speakers:

John Leyzorek, of ‘Tactical Civics’

John Leyzorek, of Pocahontas County, WV will explain TACTICAL CIVICS™ , a national plan and organization, devoted to restoring our Constitutional Republic, by the means specified in the our Constitution itself. TACTICAL CIVICS™ is a comprehensive, peaceful, lawful, staged operation, with County Chapters now in over 225 Counties in 45 States, and growing. TACTICAL CIVICS™ shows how We the People can establish actual enforcement of our Constitution, starting in our own Counties, working from there to the States and the federal government. The Constitution Party meets because we venerate our Constitution; Mr. Leyzorek will show us how to enforce it.

Pastor Bo Burgess, of WVBBV.org

Pastor Bo Burgess, the director of West Virginia Baptists for Biblical Values, spends time each week traveling to the capitol in Charleston to meet with government officials, engage other pastors and churches to connect with their senators and delegates, and simply be a light for our Lord Jesus Christ.  If you would like to more information about contacting your representatives or supporting West Virginian Baptists for Biblical Values, please contact Pastor Burgess.  God bless you and may God bless the great state of West Virginia!

Long Time Member; Phil Hudok

Phil is an active Patriotic American, exposing the truth of Covid, Mandates, and much more. He will give a brief overview and update on the ‘Bill Of Peace 2020’ and several other things. He is a retired School Teacher of many years, and enjoys studying all things via the ‘Scientific Method’ of investigation. He has a weekly podcast on Brighteon, and manages Hudok.info, among other things.