Amnesty Legislation is Void

6/20/07

• If a bill giving amnesty to illegal aliens is ever passed, this law can be declared void. This legislation would be invalid due to the method in which it was passed.

 

Outline of Article

A. Why Amnesty Legislation is Void

B. Lawyer and Client compared to Representative-Citizen

1. Analogy of Lawyer and Client

2. List of Similarities of the Representative-Citizen relationship to Lawyer-Client relationship

C. Proxy: Analogy of Proxy in Corporation to Proxy in Legislature

1. Understanding Proxy

a) General Proxy and Specific Proxy

b) If Proxy person Votes Differently than Specifically Directed

2. Proxy of Elected Representatives

a) General Proxy and Specific Proxy for Elected Representatives

b) If Proxy person (Elected Representative) Votes Differently than Specifically Directed

D. Government officials are the agents of the people (1788)

E. Summary and Options

 


Why Amnesty Legislation is Void

If a bill giving amnesty to illegal aliens is ever passed, this law can be declared void. This legislation would be invalid due to the method in which it was passed. The basic reasons are as follows:

 

• We hired the representative, to enact legislation on our behalf.

• If the representative votes for something we do not approve of, then there are several options, including firing of the representative, and declaring the law void.

• Furthermore, if the people overwhelmingly object to a bill, making their wishes known very clearly and specifically, and still the representative votes for the bill, then the representative acted outside his authority, and his vote does not count.

• Extending this, if citizens from various jurisdictions had this problem (made their wishes known, but the representative voted against the people anyway), then the law can be declared void.


Analogy of Lawyer and Client

To understand why the law can be declared void, we can use the analogy of a lawyer and his client.

A person who has been wronged goes to a lawyer and hires the lawyer's services. Once hired, the lawyer works for the client. Also note that the lawyer "represents" the client.

The client and the lawyer then discuss the situation and decide what the best remedy is. This usually means that they will request a specified amount of money from the other party.

It is always possible for the opposing parties to negotiate, and reach a settlement out of court. Thus, the lawyer for the plaintiff and the lawyer for the defendant get together periodically and discuss possible settlement agreements.

However, before a lawyer can accept the settlement offer, he MUST go to the person he represents. If the client says no, then the lawyer cannot agree to the offer.

Note the following:

• If the lawyer does not consult his client before agreeing to the offer, then the agreement can be declared void. The lawyer had no authority to agree to the offer without consulting those he represents.

• Similarly, if the client clearly and specifically tells his lawyer not to accept the offer, and yet the lawyer accepts the offer anyway, then this agreement can be declared void. The agreement is void because the client specifically told his lawyer not to accept that offer.

 

 

Similarities of the Representative-Citizen to Lawyer-Client

Similarities of the Representative-Citizen relationship regarding legislation to the Lawyer-Client relationship regarding settlements include:

 

A. Hiring

• Point #1

a) The wronged person hires the lawyer. The wronged person is the ultimate boss in the situation.

b) The citizens hire the Representative. The citizens are the ultimate bosses of the Representative.

 

B. Duty to Represent

• Point #2

a) It is the lawyer's duty is to Represent his client and do the best job he can on behalf of the client.

b) The Elected Representative has the duty to Represent those who elected him, and do the best job he can on behalf of those who elected him.

 

• Point #3

a) The lawyer has a duty to tell his client of offers made by the other parties.

b) The Elected Representative has a duty to tell the people of the bills being proposed in the legislature.

 

C. No Authority to make agreement/Agreement Not Binding

• Point #4

a) The lawyer must discuss the offer with his client before agreeing to it.

b)The elected representative must discuss the bill with his constituents before voting for it.

• Note: In practical terms, it is not possible for the particulars of all bills to be discussed with the people. However, for any legislation which will have a major impact on the people, then the elected representative does have the duty to discuss the details of the bill with constituents (via town hall meetings, call-in radio programs, etc) before agreeing to vote for that bill.

 

• Point #5

a) Any lawyer who agrees to the offer despite the wishes of his client, is acting far beyond his scope of authority.

b) Any elected representative who votes in support of the bill despite the overwhelming opposition by the people, is then acting outside of his scope of authority.

 

• Point #6

a) Any agreement entered into by a lawyer despite the specific objection of the client is not legally binding. This agreement can be declared void.

b) Any bill passed by elected representatives, despite the specific objection of the people, and clearly being an overwhelming number of citizens stating that objection, can be declared void. The law as passed is not legal.

 

D. Firing and Replacing

• Point #7

a) A lawyer who does not represent the best interest of his client, or ignores the client's wishes can be fired and replaced at any time.

b) An elected official who does not represent the best interest of the citizens, or ignores the citizens' wishes can be fired and replaced at any time.


Proxy:
Analogy of Proxy in Corporation to Proxy in Legislature

Overview

Another analogy we can use is the Proxy relationship of the shareholder in a corporation as compared to the Proxy relationship of the citizen to the government.

 

Shareholders and Citizens - Basic Rights

• Shareholders in a corporation are Owners of the business. This is much like Citizens being Owners of the government.

• Shareholders do not manage directly, rather, they elect people to manage the business on their behalf. This is much the same as Citizens electing Representatives to manage the government on behalf of the people.

• Shareholders have the Right to Vote regarding business activities. Similarly, citizens have the right to Vote regarding government activities.

 

Proxy - Main Points

• Because Shareholders have a Right to Vote, they must be given notice of when and where meetings are to take place. Similarly, citizens should be told when and where all voting on issues is to take place.

• If a shareholder cannot make it to the meeting, then he can arrange a Proxy, where he designates another person to vote on his behalf.

Similarly, citizens elect Representatives, who vote on specific bills, on behalf of the citizens of that area. This is necessary because it is not feasible for the citizens to travel to places like the state capitol or Washington D.C.

There are two types of Proxy:

1. General Proxy
2. Specific Proxy

• For General Proxy: The shareholder does not necessarily state how he wants the votes to be cast. Essentially, the shareholder says: "You decide what is the best way to vote, for each issue, when you get there."

• For Specific Proxy: The shareholder tells the proxy person specifically how to vote on each issue.

Note that if the Shareholder specifically tells the Proxy person how to vote, then the Proxy person MUST vote in that way!!

 

If Proxy person Votes Differently than Specifically Directed:

• If the Proxy person (in the corporation sense) does not vote the way he was specifically told to vote, then you have two options:

1. File a complaint with the Securities Exchange Commission

2. File a Complaint with the Secretary of State.

The government can take actions against this proxy person, or even the corporation, if the proxy person voted differently than directed.

 

Proxy for Citizens and Representatives

• Citizens and their Representatives also have this Proxy relationship.

 

Citizens and General Proxy:

When the Citizens give General Proxy, they are electing a specific person to vote on issues on their behalf. They are essentially saying: "Vote the way you think is best on each proposed legislation."

However, the proxy still has a basic fiduciary duty to those who elected him. Specifically, the proxy has the duty to vote as he thinks is best for the people who elected him.

Due to the logistics of studying the details of each bill, many votes by the elected representatives are of a "General Proxy" type.

 

• Citizens and Specific Proxy

When the Citizens give Specific Proxy, the Citizens tell the Representative specifically how to vote on each issue.

• This can be specifically how to vote on an Issue.

• This can be specifically how to vote on a particular bill.

Note that if the Representative is told specifically how to vote, whether on an issue or on a specific bill, then the Representative must vote that way!

 

If Proxy person Votes Differently than Specifically Directed:

• For a shareholder and corporation:

As stated above, if the Proxy person (in the corporation sense) does not vote the way he was specifically told to vote, then you have two options:

1. File a complaint with the Securities Exchange Commission

2. File a Complaint with the Secretary of State.

The government can take actions against this proxy person, or even the corporation, if the proxy person voted differently than directed.

 

• For the citizens and their representative:

Similar to the corporation sense of proxy, if the Proxy person in the elected Representative sense does not vote the way he was specifically told to vote, then you have a similar option:

1. File a Complaint with the Secretary of State (of the state in which the Representative was elected).

The Secretary of State is indeed the government agency in charge of all voting, including voter registration lists, and official tallies of votes in elections, for that state. Therefore it makes sense that you would file a complaint with the Secretary of State against your representative for failing in his proxy obligations.

• Again, in this case, the government can take actions against this proxy person (here the Representative), if the proxy person voted differently than directed. The Secretary of State can take legal action against the representative for not fulfilling his legal obligation of specific proxy.

 


Government officials are the trustees and agents of the people

I will quote briefly from some statements of our Founding Fathers which pertains to the issues discussed here today.

• "All power is naturally vested in the people and consequently derived from the people. Government officials, therefore, are the trustees and agents of the people, and at all times must be agreeable to the people." (Italics added).

• "Elections of representatives in the legislature ought to be free and frequent...and no charge or fee can be set upon the people without their own consent, or the consent of their representatives so elected, nor can the people be bound by any law to which the people have not in like manner assented. " (Italics added).

• "The people have a right to peaceably assemble to instruct their Representatives, and every person has a right to petition the legislature for a redress of grievances." (Italics added).

From the list of Constitutional Amendments proposed by the Virginia Convention, June 27, 1788.

 

*I modernized some grammar and a few words for clarity to the modern reader. The exact quotes are at the end of the article.


Summary/Options

Therefore, if an amnesty law is ever passed, there are several things we can do, including:

1. File a complaint with the Secretary of State (of each state) regarding each representative who failed to perform his legal duty as a specific proxy.

• Proof of the specific proxy (proof that the representative was told specifically how to vote on a specific bill, and proof that this opinion was held by a majority of the people) can established in several ways.

• Initially, the evidence can be established by various polls conducted on the issue. Evidence can be supplemented with complete records of phone calls, e-mails and faxes sent to the Representative's office.

• These can further be supplemented by an affidavit signed by citizens of the region affirming that he/she told the representative to vote a specific way, and that specific way was to vote "no" on that bill.

2. Get the law declared void, in Federal Court, on the grounds that the elected representatives were specifically told by the citizens to vote against this bill.

• Proof can be established by using the same methods above.

3. Fire and replace each representative who has deliberately ignored the wishes of the people. Remember, the citizens can fire their representative whenever they are displeased with his decisions.

• The representative can be replaced when he/she is up for re-election the next time.

• Also, the citizens can do the process of "recall" (which will fire their representative) at any time.

 

Mark Fennell

Legal Assistant

6/20/07



*The exact quotes from 1788 are as follows:

• "Second, That all power is naturally vested in and consequently derived from the people; that Magistrates, therefore, are their trustees and agents and at all times amenable to them."

• "Sixth, That elections of representatives in the legislature ought to be free and frequent...and no aid, charge, tax, or fee can be set, rated, or levied upon the people without their own consent, or that of their representatives so elected, nor can the people be bound by any law to which they have not in like manner assented for the public good."

• "Seventh, That all power of suspending laws or the execution of laws by any authority, without the consent of the representatives of the people in the legislature is injurious to their rights and ought not be exercised."

• "Fifteenth, That the people have a right peaceably to assemble to consult for the common good, or to instruct their Representatives; and every freeman has a right to petition or apply to the legislature for a redress of grievances."

Each of these items are from the list of Constitutional Amendments as proposed by the Virginia Convention,

June 27, 1788.