Checks & Balances used due to gov. Corruption

Jesha Miller
1011 Lincoln Ave. Apt. D
Vanderburgh County
Evansville In. 47714
yhwhyesha@yahoo.com
812-604-4963

To: Executive Branch- Chief Executive- Barack Obama
Judicial Branch- U. S. Supreme Court
Legislative Branch- Speaker of the House- Nancy Pelosi
Head of the Senate- Vice President -Joseph Biden
Clerk of the House- Lorraine C. Miller- Set Special Session Nov. 20, 2009 *
U.S. Senate Clerk-Nancy Erickson
Re: Petitioning the Checks & Balances to protect American Freedom , check the actions of other branches & Article 6, the Supremacy Law that every President, judge, member of Congress, as well as other government officials, must swear to obey the Constitution. { Special Session to confront Checks & Balances November 20, 2009.}

CHECKS & BALANCES
( The Judicial Branch )

The checks & balances are now used to help Democracy work by protecting American freedom.
The Petitioned, Jesha Miller, had his freedom taken by officials in violation of Title 18, sec. 243, of the Constitution & Laws of the U.S., violating the 4th, 5th, 6th, 9th, 13th, &14th, Amendments of the Constitution in U.S. Supreme Court case No. 04-7477 where a Habeas Corpus was filed for his immediate release. The U.S. Supreme Court refused to hear the case & left the Petitioner illegally imprisoned.
When a man is brought by Habeas Corpus to the Court & upon re-torn of it, it appears to the Court that was against law imprisoned & detained, he shall (meaning must) never be by the Act of the Court remanded to his unlawful imprisonment, for then the court should do an Act of Injustice in imprisoning him, de nova, against law. Thus Mr. Justice Stone wrote for the Court that the use of the writ as an incident of the Federal Judicial power is implicitly recognized by Article I, sec. 9, Cl.2 of the Constitution. Supreme Court judges only hear cases that pertain to the issues related to the Constitution so the U.S. Supreme court broke the rules by refusing to hear the case & government must always account for the restraint of a citizen. When a Federal Judge is addressed by Habeas Corpus, as was former Justice Sandra Day O' Connor & John Paul Steven, it is their duty, to be alert to examine the facts for him or herself, when if true as alleged, they make the trial absolutely VOID, reverse the conviction & discharge the petitioner from the illegal restraint. Because they refused, this is dereliction of duty by the Supreme Court Justices & an abuse of power denied government under Article I, sec. 9, of the Constitution. POWERS DENIED GOVERNMENT- The privilege of the writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or invasion the public Safety may require it. There was no rebellion or invasion so the Supreme Court abused a power denied government & denied my right to freedom. Its purpose is to gain speedy release from restraint in violation of the Constitution & Laws of the U.S. The actions of the U.S. Supreme Court denied my right to freedom, abused a power denied government, & refused to protect the rights of the accused. The CHECKS & BALANCES are executed now to protect & secure my rights in the interest of freedom & Democracy.
Specifically, I was held in violation of Constitutional Law # 250.2 (4) which provides: Every Black Man has a right under the 14th Amendment to the Constitution U.S.C.A., that in the selection of jurors to pass on his life, liberty, or property, there shall (meaning must) be no exclusion of his race & no discrimination against them because of their color. Virginia v. Rives 100 U.S. 313.
The Courts motive was to cover-up the Federal Crime by Judge David Kiely & deny 10 million dollars upon my release from the illegal restraint on account of race, color, & National Origin. The crime is against the peace & dignity of the U.S. & is at war with Democracy because Slavery has been abolished.
The Supreme Court violates the Amendments which were placed in the Bill of Rights to protect the rights of Blacks. To keep it balanced, each Branch checks the actions of the other branches which justify my petition executing the Checks & Balances to restore those rights which have been violated by officials which are guaranteed under the Bill of Rights. The Checks & Balances must be acknowledged & respected immediately to secure these rights which have been denied under color of law.
The guarantee is something that assures a specific outcome, which in this case, should have been my freedom, where it not for dereliction of duty by Justices in the U.S. Supreme Court & 10 Million Dollars upon my release for the illegal imprisonment. The Checks & Balances are now used to remove the Felony from my record which was previously clean & award the money in case No. 04-7377 in default of the rights guaranteed under the Constitution of the U.S. to freedom, justice, equality, & the pursuit of happiness. The essentials to freedom & Democracy. Judge David Kiely, when told the Defendants rights under the Federal & State Constitution to a fair & impartial jury trial as mandated through the 14th Amendment, had been violated, he overrules Federal & State Constitutions. The 14th Amendment mandate, that race discrimination be eliminated from all official acts & proceedings of the State is most compelling in the judicial system. The Statutory prohibition in the selection of jurors enacted pursuant to the 14th Amendment enabling clause makes race neutrality in the jury selection a visible & inevitable measure of the judicial systems own commitment to the demands of the Constitution. Here the Act is directly related to the Judge, David Kiely's official duty where he overrules the State & Federal Constitution when the courts are under an affirmative duty to enforce the strong Statutory & Constitutional policies embodied in that prohibition. An illegal act by an office holder constitutes political corruption if the act is directly related to their official duties as demonstrated here. When the defects occurred the official failed to perform his Constitutional Duty- recognized by section 4 of the Civil Rights Act of March 1, 1875. Failing to get a cross section of the community & violating my rights under Federal & State Constitution to a fair & impartial jury as mandated throughout the 14th Amendment. THE 5TH AMENDMENT DUE PROCESS CLAUSE SAYS THE GOVERNMENT MUST OBEY THE LAW & TREAT ACCUSED PEOPLE FAIRLY. This is the unalienable right "all men are created equal" which cannot be seperated, as it was in this case. Government can no longer turn a deaf ear to me securing these guaranteed rights which were denied by government officials committing a crime pursuant to Title 18, sec. 243 to take my freedom.

CHECKS & BALANCES
( The Executive Branch )

Checks & Balances to check the Executive Branch's actions of President Barack Obama who has been Petitioned 3 times to perform his duty under Article II, sec. 3, of the Constitution, to enforce Federal Law & secure the guaranteed rights under the Bill of Rights which have been denied, the rights which government must protect. The Buck stops with the President & he has refused to protect "we the peoples right to freedom & allow officials to violate crimes without being held accountable rather than perform his duty so his actions must be checked.
The Presidents main job is to provide leadership, vision, & oversight for all aspects of the government, to act in the public interest & to see that ALL of the Laws passed by Congress are carried out. The Bill of Rights is what no just government can refuse or delay & President Barack Obama has refused to address the very Constitution & Bill of Rights from which gives him his power, which is corruption. He too has been deaf to the voice of Justice & of consanguinity. He has refused his assent to laws the most wholesome & necessary for the public good, utterly neglecting to attend to them.
-----We hold these truths to be self evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty, & the pursuit of Happiness.---That to secure these rights, Governments are instituted among men, deriving their just powers from the consent of the governed.
President Barack Obama has been petitioned to secure these rights as the leader of a free people & refused each time the rights which are guaranteed by government in the form of the Bill of Rights which no just government can refuse. In every stage of these Oppressions, I, Jesha Miller, have Petitioned for Redress in the most humble terms. My repeated Petitions have been answered only by repeated injury.
An illegal Act by an office holder constitutes political corruption only if the Act is directly related to their official duty as President Obama has been petitioned to perform his main job by enforcing Federal Law & securing the guaranteed rights under the Bill of Rights.
Article II, sec. 3, DUTIES & RESPONSIBILITY OF THE PRESIDENT ...He shall (meaning must) take care that the laws be faithfully executed. THIS HE HAS REFUSED TO DO SO THE CHECKS & BALANCES ARE JUSTIFIED FOR THE ACTIONS OF THE PRESIDENT TO SECURE THESE RIGHTS WHICH HAVE BEEN DENIED THAT ARE GUARANTEED UNDER THE BILL OF RIGHTS & Political Corruption on his part must be stopped. The Law must be carried out & those rights denied must be secured. Title 18, sec. 243 has been violated & must be enforced to stop Slavery & the money in case No. 04-7377 must be awarded for the illegal imprisonment. He has obstructed the administration of Justice by refusing his Assent to Laws for Establishing Judiciary Power.
The powers of government had to be limited, and the natural rights of the people had to be protected as designed by the Framers of the Constitution."We the people of the United States...are the first words of the Preamble. From the start, the Framers wanted everyone to know that the people of the U.S. were planning a democratic nation. The Preamble tells us that justice, peace, safety, & liberty are the goals for American government. As President of the U.S. Barack Obama must get back on course & secure these rights which have been violated & no longer be a part of their cover-up.

CHECKS & BALANCES
( Executive Branch cont.)

Since the 1870 Act that established the Department of Justice as an Executive Department of the government of the U.S. the Attorney General has guided the worlds largest law office & the central agency for ENFORCEMENT OF FEDERAL LAWS.
CHECKS & BALANCES
( The Legislative Branch )

Consisting of a Senate & House of Representatives, Congress made Title 18, sec. 243 a crime. The Statutory prohibition on discrimination in the selection of jurors, 18 U.S.C. sec. 243, enacted pursuant to the 14th Amendments enabling clause, makes race neutrality in the jury selection a visible & inevitable, measure of the judicial systems own commitment to the demands of the Constitution. The Courts are under affirmative duty to enforce the strong statutory & Constitutional policies embodied in that prohibition. Peters v. Kiff, 92 S. Ct. 2170-2171.
The Speakers responsibility is to be chief spokesperson for the people in relation to how the executive Branch is serving their needs. Nancy Pelosi was petitioned to take my petition to impeach President George Bush to the floor for refusing to enforce Federal Law & secure rights violated by officials but refused by not answering my petition due to corruption in the U.S. Supreme Court.
It was petitioned by Jesha Miller for both Senators Evan Bayh & Richard Lugar & Representative Brad Ellsworth to make it a part of the Congressional record that the law which Congress had made was not being enforced. All three refused, violating the CODE of ETHICS, doing taxation without representation. Any person in government service should- Uphold the Constitution, laws, & legal regulations of the U.S. & never be a part of their evasion & expose corruption wherever discovered. In this case where a crime has been committed, they are aiding & abetting a criminal from justice for the very offense Congress made a crime under Title 18, sec. 243 & a part of the cover-up by not going public about a crime that takes the freedom of American citizens in violation of the Constitution & laws of the U.S. They refuse to represent a constituent who has asked that a record be kept that this law was not being enforced & allows the continuance of the crime which takes the freedom of blacks using the Judicial system to re-enslave in violation of the 13th Amendment.
AMENDMENT XIII. ABOLITION OF SLAVERY (1865)
Section 1. Slavery forbidden. Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall (meaning must) have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.
Section 2. Enforcement Power. Congress shall have power to enforce this article ( amendment ) by appropriate legislation.
Clearly stated, I was held in violation of Constitutional Law # 250.2 (4) which provides: Every Black man has a right under the 14th Amendment to the Constitution U.S.C.A., that in the selection of jurors to pass on his life, liberty, or property, there shall be no exclusion of his race & no discrimination against them because of their color. Virginia v. Rives 100 U.S. 313.
The records in the transcript affirm that my race was excluded due to my color so I was not duly processed violating the 13th & 14th Amendments. The Speaker of the House- Nancy Pelosi & none of my Representatives, as members of Congress used their power to enforce the law & took actions to keep this unknown to the public so that officials would not be held accountable.
AMENDMENT XIV. CITIZENSHIP AND CIVIL RIGHTS (1868)
Section 1. Rights of citizens. All persons born or naturalized in the U.S., & subject to the jurisdiction thereof, are citizens of the U.S. & of the State wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the U.S.; nor shall any state deprive any person of life, liberty, or property, without due process of law, nor deny to any person within its jurisdiction the equal protection of the laws.
Clearly I have been denied due process, equal protection of the laws, the right to freedom by Habeas Corpus, & abuse of power by the U.S. Supreme Court on account of race, color, & national origin.
Section 3. Persons disqualified from public office. No person shall be a senator or representative in Congress, or elector of president & vice president, or hold any office, civil or military, under the United States, or under any state, who having previously taken an oath, as a member of Congress, or as an executive or judicial officer of any state legislature, or as an executive or judicial officer of any state, to support the Constitution of the U.S., shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may, by a vote of two-thirds of each house, remove such disability.
All representatives have acted in rebellion of the Constitution by refusing to uphold the constitution by restoring those rights which were violated & refused to make record that the laws had been violated & not enforced. These acts by Representative Brad Ellsworth, & Senators Bayh & Lugar refusing to make these violations a part of the Congressional Record is a rebellion against the established government which has made the 13th & 14th Amendments to prevent these violations against citizens of the U.S. They evade securing these rights in opposition of the Bill of Rights which guarantees the right to freedom, & the Constitution which guarantees justice, equality, & the pursuit of happiness. The Framers of the Constitution believed the CHECKS & BALANCES would prevent government from taking away the rights of the people which I am using to restore those rights.
The Speaker- Nancy Pelosi is again petitioned to be the spokesperson & inform the public of political corruption by President Barack Obama refusing to serve the needs of the people by enforcing Federal Law & securing rights that were violated by officials that are guaranteed by the Bill of Rights which no just government can refuse or delay. His refusal is directly related to his duty under Article II, sec. 3, of the Constitution & to uphold the integrity of the Constitution by securing those rights which were violated by officials.

CONCLUSION OF CHECKS & BALANCES

In this unprecedented situation the Checks & Balances are used as all Branches are corrupt & will not check the other because it also is corrupt.

CLERK- LORRAINE C. MILLER- Is petitioned to schedule a SPECIAL SESSION for all members of the House & Congress to confront political corruption using the Checks & Balances as designed by the Framers of the Constitution to prevent government from taking away the rights of the people to freedom, justice, equality, & the pursuit of happiness. The date to be set is November 20, 2009. A copy is to be sent to all members of the Senate & House of Representatives.

SCHEDULER for the President- ALYSSA MASTROMANACO- Is petitioned to schedule President Barack Obama to attend this SPECIAL SESSION ON November 20, 2009 to be confronted by Political Corruption on his part, refusing his duty under Article II, sec. 3. of the Constitution & refusing to secure those rights violated under the Bill of Rights which no just government can refuse or delay of which he has done 3 times.
The scheduler is also to contact me at (812-604-4963) to make arrangements for my travel & stay on November 20, 2009 for this Special Session, using the Checks & Balances to secure the guaranteed rights which government has denied me.

PRESS SECRETARY- ROBERT GIBBS- Is petitioned to call a Press Conference on or before October 27, 2009 to inform the public of this SPECIAL SESSION using the Checks & Balances where all Branches are alleged to have committed political corruption. The Declaration of Independence states to prove this, let Facts be submitted to a candid world, so that all media from around the world will give coverage on this unprecedented ( never before seen or done) Petition using the Checks & Balances to Check the actions of the other Branches & protect American freedom which has been violated & the Bill of Rights which has been ignored to secure the guaranteed rights of the Constitution.
Should Robert Gibbs again refuse to inform the public he should be held in contempt of Constitutional Law # 925- which enables every citizen at any time to bring the government & any person in authority to the bar of public opinion, by any just criticism upon their conduct in the exercise of authority which the people have conferred upon them.

SUPREME COURT CLERK- WILLIAM SUTER- Is petitioned to schedule all 9 members of the Supreme Court to be present & address corruption ( immoral or dishonest, especially as shown by the exploitation of a position of power or trust ) by the U.S. Supreme Court abuse of power, denied government under Article I, sec. 9- POWERS DENIED GOVERNMENT- CONCERNING THE HABEAS CORPUS & the motive to deny freedom & 10 Million Dollars upon my release to COVER-UP THE FEDERAL CRIME PURSUANT TO TITLE 18, SEC. 243. Dereliction of duty on the part of former Justice Sandra Day O'Connor & John Paul Stevens whom the Habeas Corpus was addressed & had a duty to review the records & if true as alleged, release the petitioner from the illegal restraint. The due process clause says government must obey the law & treat accused people fairly which also was violated by officials as part of the cover-up so that officials are not held accountable for their violations of Title 18, sec. 243. A copy of designation must be sent by mail to me to affirm they have been informed & will be there November 20, 2009.

SPEAKER- NANCY PELOSI- Is petitioned to announce this SPECIAL SESSION as part of her responsibility as Chief Spokesperson for the people in relation to how the Executive Branch is serving their needs. Clearly she must inform them of political corruption on the part of the President, refusing to perform his duty as stated by the Constitution & refusal to secure the rights guaranteed under the Bill of Rights which is a prime reason for the CHECKS & BALANCES being used to secure the rights of the people.

PRESIDENT BARABCK OBAMA, having oppressed (unjust or cruel exercise of power) me to cover-up the Federal Crime & deny 10 Million Dollars for the illegal restraint-- Is petitioned to forward three (3) million dollars to an account for my own hardship needing medical attention, medical bills, an MRI, dental & eye care, college tuition for my daughter, an office, home, & transportation. Your lack of integrity (utter sincerity, honesty & candor) has denied the guarantee ( a pledge that something is as represented & will be replaced if it does not meet specifications ) of Constitutional Rights which I would already have received had government not reverted to the tactics to harm me of my rights by ignoring your duty while purporting to act under color of government authority. President Barack Obama is Petitioned to contact me at 812-604-4963 for the account number to be transferred by October 27, 2009 for my preparations to present the petition using the CHECKS & BALANCES on November 20, 2009.
This is only a show of good faith on your part for the previous oppression & disregard for the Constitution, Bill of Rights, Statutes & Laws of the United States. Think not that I am come to destroy the law, or the prophets; I am not come to destroy, but to fulfil. I am a Veteran of the Vietnam Era who has served to protect all Americans right to freedom, a journeyman machinist, & previously had a clean record before this. On October 8, 2009, at 1:32 p.m. I spoke with Beverly Johnson of the Office of Government Ethics & she said the notice for you to perform your duty was sent more than once & that was all they could do. Since you have not acted when informed of your duty by the Office of Government Ethics you must show an act of good faith.

VICE PRESIDENT- JOE BIDEN- Is petitioned to notify the clerk of the Senate to schedule November 20, 2009 as a SPECIAL SESSION WHERE MY PETITION USING THE CHECKS & BALANCES WILL BE USED TO Check the actions of all three Branches & secure my right to freedom which was taken in violation of the Constitution & Laws of the U.S.

Respectfully Submitted- Jesha Miller _________________________________
Date: October 20, 2009

Checks & Balances written into the Constitution to prevent any one Branch of government from becoming too powerful & help Democracy work by protecting American freedom addressed to all three (3) Branches due to political corruption in all 3 Branches.

JESHA DONALDSON MILLER- PETITIONER

VS.

U.S. EXECUTIVE, JUDICIAL, & LEGISLATIVE BRANCH- RESPONDENTS


Proof of Service

I, Jesha Miller, do declare that on this date, October 20 , 2009, as required by Supreme Court Rule 29. I have served the enclosed PETITION FOR CHECKS & BALANCES on each party to the above proceeding required to be served, by depositing an envelope containing the above documents in the U.S. mail properly addressed to each of them & with First Class postage prepaid.

The names & addresses of those served are as follows:

Executive Branch- Chief Executive, Barack Obama CERTIFIED MAIL
The White House 7009 1680 0000 0896 2352
1600 Pennsylvania Ave. N.W.
Washington D.C. 20500

Judicial Branch- United States Supreme Court CERTIFIED MAIL
Supreme Court of the U.S. 7009 1680 0000 0896 2390
One 1st St. N.E.
Washington D.C. 20543

Legislative Branch- Speaker of the House, Nancy Pelosi CERTIFIED MAIL
H-232 U.S. Capital 7009 1680 0002 0831 6696
Washington D.C. 20515

Legislative Branch- Head of the Senate- Vice President, Joseph Biden CERTIFIED MAIL
The White House 7009 1680 0002 0831 6719
1600 Pennsylvania Ave. N.W.
Washington D.C. 20500

I declare under penalty of perjury that the foregoing is true & correct. Executed on October 20, 2009.

Signature- Jesha Miller __________________________________________________________