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April 6, 2008

Unconstitutional in Michigan & Florida

To American Constitutional attorneys:
Help!
The Howard Dean chaired, Democratic National Committee, via it’s disqualification of the Democratic Primaries in Michigan and Florida is currently violating Constitutional Law. This is Direct Disenfranchisement. What our country now requires is an attorney who can effectively argue constitutional facts to the U.S. Supreme Court.
FYI…Article 25 of the International Covenant on Civil and Political Rights:
Every citizen shall have the right and the opportunity, without any…distinctions… and without unreasonable restrictions: (a) To take part in the conduct of public affairs, directly or through freely chosen representatives; (b) To vote…by universal and equal suffrage…guaranteeing the free expression of the will of the electors…
The United States has accepted Article 25 as binding at both state and federal levels.
Evidence of DNC direct disenfranchisement and its unconstitutionality:
  1. Combined, the 9th, 14th & 15th Amendments endow the (un)inalienable right of enfranchisement to both minorities and all citizens equally.
    1. Previously excluded by standard practice, the 14th & 15th Amendments in-/directly enfranchise all races, colors, ex-felons and taxed-Indians; the definition, thereby, of ‘the people’ was expanded to include minorities.
    2. If taxed-Indians and citizen ex-felons are eligible for minority protection, then so too are citizen Democrat voters.
    3. Because the people’s right to U.S. government participation was assumed, commonly practiced and not under threat, the 14th & 15th Amendments do not specify enfranchisement as a right of ‘the people’.
    4. However, the 9th Amendment protects civil rights not specified in the Constitution: The enumeration in the Constitution, of certain rights shall not be construed to deny or disparage others retained by the people.
    5. Additionally, when the 14th & 15th Amendments specified enfranchisement as a right of minorities, voting became a de jure 9th Amendment natural Constitutional right ‘retained by the people’, i.e., the U.S. citizenry.
    6. Thus disqualification of Mich. & Fla. primary elections is unconstitutional.
  2. The 14th Amendment grants citizens equal constitutional protection of our natural rights to ‘life, liberty and property’ via ‘due process’.
    1. One of our natural liberties is the freedom to democratic participation in our self-governance; the exemplar of this (un)inalienable liberty is our citizens’ right to enfranchised vote, election and representative delegation.
    2. Thus Howard Dean and the DNC’s unilateral disqualification of Mich. & Fla. primary votes and delegation, without it’s day in court, is unconstitutional.
    3. Further, the DNC cannot infringe upon the Mich. & Fla. state Republicans, who are enfranchised…ipso facto then, disqualification of the Democrats’ vote violates the 14th Amendment’s enfranchised equal rights protection.
    4. This DNC disqualification is also de facto 15th Amendment discrimination.
  3. The 15th Amendment expressly forbids minority discrimination via the denial or abridgement, by any State, of enfranchisement rights.
    1. Therefore it is impossible for the deeds of either Michigan or Florida’s governors or legislature to have committed any action which could carry DNC consequences disenfranchising their citizens’ rights to election.
    2. Denying Mich. & Fla. state Democrat voters their right of enfranchisement constitutes discrimination in contrast to: Republican voters, the Democrat voters in other states and their resultant delegation of representatives.
  4. As per the Voting Rights Act Amendments of 1982, neither the DNC nor Gov. Dean need have a ‘discriminatory purpose’ for disenfranchisement as sanctions for breaking party rules; ‘a discriminatory result is sufficient to invalidate’ disenfranchisement as the form of punitive action.
  5. Our Constitution’s ‘Comity Clause’ states: The Citizens of each State shall be entitled to all Privileges…of Citizens in the several States.
    1. Thus, this 2nd sect. of Article IV thus guarantees that the citizens of one state may exercise those same rights exercised by the citizens of other states.
    2. This includes the (un)inalienable right to enfranchised voting and election.

  6. In Smith v. Allwright, 321 U.S. 649 (1944), the Supreme Court ruled:that primary elections were so pervasively regulated by the state that, in doing their part to run primaries, political parties were state actors and thus subject to the 14th and 15th Amendments’. Howard Dean’s action then:
    1. defined himself as a ‘state actor’ subject to applicable Constitutional law;
    2. defined his action as unconstitutional re: the 9th, 14th & 15th Amendments.

  7. In U.S. v. Classic, 313 U.S. 299, the Supreme Court ruled that: ‘primary elections were such an integral part’ of selecting executive officeholders, ‘that federal laws guaranteeing the right to vote applied’.
    1. Thus all Articles, Amendments, Acts and Supreme Court rulings apply to any DNC representative or actions; this protects the state-enfranchised from arbitrary punitive abridgement or denial of that state’s federal right to self-determined primary participation in our representative democracy.
    2. No incumbent Governor holding an additional federal position or role, may act—regarding primary elections—within other states, without being subject to the Supreme Court ruling in U.S. v. Classic.
Please…believe that, from Heaven, our Founding Fathers are praying for a Patriot.
Thank you very much,
Y. Woodman Brown

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