Honorable Joel Hefley, Chairman
Committee on Standards of Official Conduct
HT-2 Capitol Building
Washington, DC 20510-6328

SUBJECT: Violation of the Oath of Office by Member Henry Hyde-
Report of Offense

RE: Representative Henry Hyde's comments at the 10/3/03 hearing on
HJR 114) Authorization for use of military against Iraq.

Dear Chairman Hefley:

First, I write to request you and the Committee immediately quash HJR
114)
which transfers constitutional authority to declare war to the
President. As you are probably aware, the US Supreme Court found that no branch of
government of the United States may transfer its constitutional
authority in Schechter v United States, 1934. More recently, the Fourth District
addressed the issue in United States of America v Newdunn Associates,
et al, Civil Action No: 2:01 cv 508, 4/3/02, as follows: The legislative
power is vested in Congress. It cannot be abdicated or transferred to
others. Separation of Powers between the three branches of government
requires that the enactment of a statute be a legislative function which cannot be
transferred to an administrative body. This same rationale certainly
extends to any other constitutional power assigned by the Constitution to a
given Branch of the federal government, and certainly includes the power to
declare war. Such a transfer can only be accomplished by an amendment to the
Constitution, not by fiat or "resolution".

The Constitution very clearly assigns only the Congress the power and
authority to declare war in Article I, Section 8. This power to
declare and wage war, along with the power to tax, are the two most potent
enumerated powers; most sought after by government; most potentially harmful to
individual liberty; most in need of citizens' scrutiny.
Representative Ron Paul spoke for the people when he tried to inject some common sense
into the referenced proceeding. Unfortunately, not enough heard him. I
believe the reason was the Congress wants deniability for this war, as well as
the over 240 others like it since 1947.

Second, and no less important, I request this Committee consider and
resolve that Representative Henry Hyde, because of his Comments before the
Committee and on the record during the discussion of HJR 114, should be and
must be expelled from the Congress. His comments violated his oath to
support and defend the Constitution of the United States against all enemies,
foreign and domestic, and expose him as an enemy to that Constitution. His
remaining in the Congress would be a disservice to all the others of us who have
taken that same oath and continue to respect and support it.

His comment, on the record, was as follows:

There are things in the Constitution that have been overtaken by
events and by time. Declaration of War is one of them…There are things no
longer relevant to a modern society…Why declare War if you don't have to?
We are saying to the President, use your judgment...So, to demand that we
declare War is to strengthen something to death. You have got a hammerlock
on this situation; and it is not called for, inappropriate, anachronistic.
It isn't done anymore

Representative Hyde does not represent the people. He forgets the
only reason the Constitution was written in the first place was to
establish the United States of America and to restrict its power. Without the
Constitution, there is no United States. He, very obviously, would
desire we rewrite it and adopt a new Constitution. This would be very good for
our enemies, within and without, and would most likely make our hard-won
liberty a vague memory. He has forgotten the flexibility of amending the
Constitution we were afforded by its drafters.

But merely amending the Constitution would not accomplish his goals
and the goals of his handlers. He is a traitor to his oath, a traitor to his
constituency, and a traitor to the United States of America. He must
be expelled.

I am personally keen to this issue since I have been forced by
several
bureaucracies of our Executive Branch to defend my own liberty for
these past
four years. Early in this process, I attempted to locate an attorney
who would take my case against the United States on Constitutional
grounds. None would. The reasons were mostly related to the futility of fighting
the government, the excessive paperwork involved, the fact it would take
several lifetimes to defeat the United States in Court, and the fact I had no
money. Of the forty or so attorneys with whom I have spoken on this matter,
clearly 80% of them had the following opinions of the Constitution:

. It is obsolete
. It is no longer applicable
. It is invalid
. It is too open to interpretation
. It needs to be completely rewritten

This is the result of their having attended law school and being
taught "precedent law" as opposed to "Constitutional Law". This is the same
school Representative Hyde must have attended, and he must be ejected. By
so crudely and notoriously violating his oath, he has convicted
himself. To do less than expel him from the Congress would be to spit on the graves
of the Founders of this nation.

Finally, those Congressmen and Senators who voted in favor of HJR
114, for whatever reason, must be disciplined by the Congress. They must be
reprimanded or censured for their lack of understanding for the oath
to which others have sworn their lives, their Fortunes and their sacred honor.

We can do well without Mr. Hyde. We cannot survive without the
Constitution.

I look forward to your response.

Sincerely,

Signed
Lt Col, USAFR (Ret)