By Joseph R. Evanns and Egon Mittelmann
Investor's Business Daily
August 3, 2010
In federal lawsuits, defendants may answer litigation filed against them with a counterclaim against the plaintiff for damages or other relief.
The Constitution of the United States mandates at Article 4: "The United States shall guarantee to every state in this Union a republican form of government ... that the United States shall protect each of them (the states) against invasion and ... against domestic violence." (Emphasis added)
"Republican form of government" is defined as a republic that is a system of government in which the people hold sovereign power and elect representatives to exercise that power.
To "guarantee" means to warrant or undertake that something has happened or will happen. The term "invasion" is (regarding a country or territory ) a hostile incursion.
The term "shall" used in the third person singular denotes an imperative, without discretion or choice. Thus, the phrase "shall guarantee" leaves no wiggle room.
Remedies for breach of guarantee are damages (expenses incurred in repairing guaranteed product) or rescission (return of product for refund of purchase price — i.e., "money back" guarantee).
Recently, the federal government — the present regime in particular — has not only violated the guarantee of republican form of government and the pledge to protect Arizona from invasion and domestic violence, but has actively worked to achieve the exact opposite result.
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It is undeniable that the federal government has shamelessly and willfully violated its guarantee and pledges under Article 4, constituting suitable grounds for counterclaims by Arizona against the federal government.
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Gaspers in disbelief regarding rescission/secession should know that there is nothing sacrosanct about the federal government; only the Constitution is inviolable. When the federal government willfully refuses to comply with a constitutional mandate, the Constitution can be upheld only by implementing its provisions, in this case the "money back" guarantee.
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