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WE THE PEOPLE AS THE UNORGANIZED UTAH STATE MILITIA

124 S. Main Street, PMB 6488 Cedar City, Utah 84720 Phone: (541) 589-3626
Email: kkoenigs1776@hotmail.com
May 9April 30, 2016
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TO: Governor Gary Herbert


P.O. Box 142220
350 North State Street, Suite 200
Salt Lake City, Utah 84114-2220
(801) 538-1000

PETITION FOR THE REDRESS OF GRIEVANCES TO AND IN SUPPORT OF


THE HONORABLE UTAH GOVERNOR GARY HERBERT
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The purpose of this petition is in support of Governor Gary Herbert, the Utah House of Representatives
and the Utah State Senate in your recent actions to reestablish Utah State sovereignty by appealing
repealing the 17th Amendment and returning the balance of power to the States; and, moving forward
with unprecedented plans to seize the 31.2 million acres of Utah land that was stolen by the federal
government and restore control of the lands back to the good people of Utah State. We would like to
point out another serious deficiency also suffered by all fifty (50) States that needs addressing; that
being the unalienable right of the People to secure our free and sovereign State protected by
Amendment II: A well-regulated Militia, being necessary to the security of a free State, the right of
the people to keep and bear Arms, shall not be infringed; of which presently We the People suffer an
infringement of security.
UTAH LEGISLATURE IS TO P ROVIDE BY LAW

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Utah State Constitution Article XV Section 2: The legislation shall provide by law for
the organization, equipment and discipline of the Militia which shall conform as nearly
practicable to the regulations for the government of the armies of the United States.
Preamble of the Utah State Constitution: Grateful to Almighty God for Life and
Liberty, We the People of Utah, in order to secure and perpetuate the principles of free
government, do ordain and establish this Constitution.
In response to a clear and present danger, We the People of Utah State formed a more perfect and
secured Union of Counties of sovereign People; each endowed by our Creator with certain unalienable
Rights; whereas our free, independent and sovereign Utah State, one of fifty (50) forming a more
perfect Union of fifty (50) free, independent and sovereign States, entered the union under the Equal
Footing Doctrine forming a central Government called the United States of America with only eighteen
(18) delegated Powers and Spending privileges as itemized under Article I Section 8 of The
Constitution.
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The U.S. Constitution provides that the Governor and the State Legislature has the power and is
therefore responsible to protect the State against invasion; and, to guarantee a Republican form of
government that is to be secured by Amendment II.
Bill of Rights Amendment X: The powers not delegated to the United States by the
Constitution, nor prohibited by it to the States, are reserved to the states respectively, or
to the people.

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Article IV Section 4: The United States shall guarantee to every state in this union a
republican form of Government, and shall protect each of them against invasion.

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Article VI Clause 2: This Constitution, and the laws of the United States which shall be
made in pursuance thereof; and all treaties made, or which shall be made, under the
authority of the United States, shall be the supreme law of the land; and the judges in
every state shall be bound thereby, anything in the Constitution or laws of any State to
the contrary notwithstanding.
Article VI Clause 3: 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.

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The Utah Governor and the Legislators are bound by oath under the Utah Constitution to provide for
the militia.
Utah Constitution Article IV Section 10: [Oath of office] All officers made elective or
appointive by this Constitution or by the laws made in pursuance thereof, before
entering upon the duties of their respective offices, shall take and subscribe the
following oath or affirmation: I do solemnly swear (or affirm) that I will support, obey
and defend the Constitution [for] of the United States and the Constitution [for] of this
State, and that I will discharge the duties of my office with fidelity.
Congress is to provide the States with the funding for organizing, arming and disciplining the militia;
and, if Congress fails to fund, the State must and may hold back any taxes due the Federal Government
to provide for the militia until the contract is honored.

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Article I Section 8 Clause 16: The Congress shall have power to lay and collect taxes,
duties, imposts to provide for organizing, arming and disciplining the militia; and, for
governing such part of them as may be employed in the service of the United States,
reserving to the states respectively, the appointment of the officers and the authority of
training the militia according to the discipline prescribed by Congress.

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THEREFORE: We the People of Utah seek a Redress of Grievances for the correction of this error; and,
until this error is corrected, the security of this state is in jeopardy; and, the Governor of Utah is bound
by oath to make sure all laws are obeyed.
Utah Constitution Article VII Section 5 (1): The executive power of the state shall be
vested in the Governor who shall see that the laws are faithfully executed.

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WHEREAS: We the People possess the unalienable right to petition for redress of grievances.
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Utah Constitution Article I Section 1: [Inherent and unalienable rights] All men have
the inherent and inalienable right to enjoy and defend their lives and liberties; to
acquire, possess and protect property; to worship according to the dictates of their
consciences; to assemble peaceably, protest against wrongs and petition for redress of
grievances; to communicate freely their thoughts and opinions, being responsible for the
abuse of that right.

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We recognize your recent righteous action to take back control of Utah State lands from the Federal
Government returning them to the stewardship of the free, independent and sovereign Utah State. Your
action with regards to the eminently constitutionally pure and lawful actions is admirable; and, carries
with it our fullest and most fervent support.

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THEREFORE: We the People comprising Constitutionalists, members of the Freedom Movement,


Patriots, TEA Party leaders and members of the Constitutional unorganized American Militia Freedom
Forces pursuant to 10 USC 311 and Amendment II seek to be fully active participants in this historic
endeavor, contributing our vast array of skill sets and organizations; and, are at the disposal of the
Governor. Provide for the call to assemble and we will answer the call forthwith.
10 US Code 311 Militia: composition and classes (a) The militia of the United States
consists of all able-bodied [fe]males at least 17 years of age and the unorganized
militia, which consists of the members of the militia who are not members of the
National Guard or the Naval Militia.

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Amendment II: A well-regulated Militia, being necessary to the security of a Free


State, the right of the people to keep and bear Arms, shall not be infringed.
WHEREAS: All property of the once Territory of the United States upon the adoption of the
Constitution became the property of Utah State.

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Utah Constitution Article XX Section 1: All lands of the State that have been, or may
hereafter be granted to the State by Congress ... are declared to be the public lands of
the State; and, shall be held in trust for the people, to be disposed of as may be provided
by law, ...
We the People of the Utah State are deeply troubled and extremely concerned subsequent to a myriad
of recent and not immediately recent flagrant violations of U.S. Constitutional laws by the three (3)
branches of the U.S. Government, pursuant to Amendments IX and X, the supreme laws of the land.
These flagrant violations of the supreme law of the land, having directly violated with extreme
prejudice against Utah State and the supreme laws of the land, have and are committing unmitigated
Capital Felony TREASON under Title 18 USC 2381 in violation of Amendments IX and X and the
Constitution for Utah State, and direct and sometimes violent attacks against the People of Utah,
perpetrated by the BLM and other U.S. Government agencies operating without constitutional
authority.
It should be specifically noted that both Constitutions guarantee LIFE, LIBERTY and PROPERTY in
pursuit of happiness; and, the same being under clear and present danger to We the People of Utah
and to the rule and protections of our State and Federal laws, do hereby present this Petition for the
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Redress of Grievances as our direct unalienable right pursuant to the last ten (10) words in
Amendment I, to and in support of the honorable and noble Governor Gary Herbert as well as to the
members of the State Assembly House and the State Senate.
We the People from whence All Power and Spending privileges derive, pursuant to the rule of law and
the Declaration of Independence, most fervently submit and testify to Treason being committed against
We the People of Utah and directly against and repugnant to our State and U.S. Government
Constitutions, specifically Amendments IX and X, perpetrated by U.S. Agents who are operating under
color of law in contempt of the rule of law that we ordained and established to secure the Blessings
of Liberty to ourselves and our Posterity; and, therefore, seek justice against these heinous, treasonous,
mass violations of our lives, liberty and property, subsequent to the supreme laws of the land.
We submit that all Spending and usurpation by Acts repugnant to our Constitutions by the federal
government are under Color of Law.
Marbury v. Madison 5 US 137 (1803): If any statement, within any law, which is
passed, is unconstitutional, the whole law is unconstitutional.

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No provision of the Constitution is designed to be without effect. Anything that is in


conflict is null and void of law. Clearly, for a secondary law to come in conflict with the
supreme Law was illogical, for certainly, the supreme Law would prevail over all other
laws and certainly our forefathers had intended that the supreme Law would be the
bases of all law and for any law to come in conflict would be null and void of law, and
would bear no obligation to obey, it would purport to settle as if it had never existed, for
unconstitutionality, would date for the enactment of such a law, not from the date so
branded in an open court of law, no courts are bound to uphold it, and no Citizens are
bound to obey it. It operates as a near nullity or a fiction of law.

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Shepards Citations: A group of reporters that go through and keep track of all court cases that have
come before the courts, especially the Supreme Court and they clarify, before the court, all the cases.
All cases which have cited Marbury v. Madison to the Supreme Court have never been overturned. See
Shepards Citation of Marbury v. Madison.
We submit that these Constitutionally contemptuous U.S. Government agencies operating both overtly
and covertly are using deception, fraud and coercion, all contributing to a chilling effect upon the
People of Utah for the express purpose of preventing the free expression and exercise of our
unalienable rights and State sovereignty. These criminal means and treachery include bribery,
intimidation and coercion at all levels of social and civil society. By these means, these criminals acting
under color of government seek to blind and eviscerate the true limited functions of the subservient
U.S. Government which was ordained and established to perform limited functions.
The end result of this nefarious conspiracy is calculated to deprive the People of life, liberty, property;
and thus, the pursuit of happiness.
WHEREAS: Utah Constitution Article XII Section 16 states:
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No Corporation or association shall bring any armed person or bodies of men into the
State for the preservation of peace or the suppression of domestic trouble without
authority.
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It is our firm belief and conviction that Article XII Section 16, quoted above, is the very definition of
the criminal works of the U.S. Government agencies within our State, now attacking the People and
Constitution of Utah. Furthermore, we find that these several U.S. Government agencies and agents are
working in concert; and, conspiring for a common goal.
We find that the Utah Constitution is a reasonable facsimile of the Constitution for the United States
of America, which is now under full attack by said conspiracy against the supreme law of the land. We
the People do not seek personal enrichment or advantage over fellow Americans or any ethnicity, color
or creed as we specifically hold these truths to be self-evident:

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That all men are created equal;


That they are endowed by their Creator with certain unalienable Rights; that among these are
Life, Liberty and the pursuit of Happiness.
That to secure these rights, Governments are instituted among Men, deriving their just powers
from the consent of the governed under an Article IV Section 4 Republican form of
Government as guaranteed to the free, independent and sovereign Utah State.
That whenever any Form of Government becomes destructive of these ends, it is the Right of
the People to alter or to abolish it; and, to institute new Government, laying its foundation on
such principles and organizing its powers in such form as to them shall seem most likely to
affect their Safety and Happiness.
Prudence, indeed, will dictate that Governments long established should not be changed for
light and transient causes; and, accordingly, all experience hath shewn that mankind are more
disposed to suffer, while evils are sufferable, than to right themselves by abolishing or in this
case restoring the forms to which they are accustomed, pursuant to Amendment IX and X.
But when a long train of abuses and usurpations by the BLM and an array of other U.S.
Government bureaucracies, pursuing invariably the same Objective, evinces a design to reduce
them under absolute Despotism, it is their right, it is their duty, to throw off such Title 18 USC
2381 treason against the laws and People of Utah; and, to provide new Guards for their future
security and for the security of the Constitutional laws of Utah State and most especially secure
the Constitution for the United States of America, which is the SUPREME LAW OF THE
LAND.
Such has been the patient sufferance of this free, independent and sovereign Utah State, one of
fifty (50) which forms a more perfect Union of fifty (50) free, independent and sovereign
States; and, such is now the necessity which constrains them to restore their former Systems of
Government to Constitutional law.
The history of the present Congress and President of our Constitutional law subservient Public
servants is a history of repeated injuries and usurpations, all having in direct objective the
establishment of an absolute Tyranny over the People of Utah State.

Understanding that Ranchers and Miners enjoy preemptive Rights, to the benefit of all People, to
produce food, minerals and other natural resources; and, to manage water through developing water

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sources, it behooves us as the People, by duty all Americans between the ages of 17 and 45 pursuant
to 10 USC 311 unorganized Militia, to protect our Ranchers and Miners, as well as all the People
of Utah, from unlawful Acts by all enemies, elected and non-elected, and their hired Constitutionally
contemptuous henchmen and agent enemies of our supreme laws of the land. Where, we ask, are the
BLM listed under the eighteen (18) limited congressional powers?
The intentional destruction of life, liberty and property by numerous nefarious U.S. agencies operating
under color of law is unacceptable; and, will no longer be tolerated by We the People of Utah State.

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IN CONCLUSION: We the People in support of the honorable Governor Gary Herbert and our
Federal and State Constitutions, especially, but not limited to, our Amendments IX and X, the supreme
laws of the land, seek State recognition as Constitutional unorganized Militia pursuant to the rule of
the Constitutional laws which we ordained and established as necessary to the free, independent and
sovereign Utah State, only subject and limited to the very few and agreed upon limits specifically
enumerated and properly ratified under Article I Section 10 of The Constitution for the United States of
America. As a recognized unorganized Constitutional Militia, we seek the funding required by both
Constitutions; first and foremost, from Utah State; and, secondly the U.S. Constitution, respectively.
We make special note that the unorganized Militia is not subject to act upon, nor can be compelled to
do anything, that is repugnant to our State or Federal Constitutions, most specially to be noted anything
that enforces any U.S. Congressional or Presidential Act or Color of Law that is repugnant to our
Supreme Law of the Land.
Indeed, it is our duty to enforce the rule of law and protect our Constitutions, our individual rights, our
states rights, our local hometown economies, our local hometown small businesses, our jobs, wages
and salaries, our individual American middle class wealth and power and our freedom from all enemies
both foreign and domestic. For it is written law that all other powers (meaning, according to the
Founding Fathers, all other Spending) is reserved to the States respectively, or the People.
THEREFORE: We respectfully petition Governor Gary Herbert to order the Legislators of Utah to
obey the law and provide for the organization, equipment and discipline of the unorganized Militia
which shall conform as nearly practicable to the regulations for the government of the armies of the
United States forthwith.
(seal)

Respectfully submitted this day ___________________


______________________________________________
We the People as the Unorganized Utah State Militia

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(seal)

Approved and confirmed this day _________________


______________________________________________
Governor Gary Herbert, Commander-in-Chief1

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cc: Unified United States Common Law Grand Jury


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Article VII Section 4: Governor commander-in-chief. The Governor shall be Commander-in-Chief of the military forces of
the State, except when they shall be called into the service of the United States. The Governor shall have power to call out
the militia to execute the laws, to suppress insurrection or to repel invasion.

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