Henry Nicolle
California state Citizen for Congress
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Revised 25 July

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Usurpation of Powers
Prohibition of Shifting or Sharing Delegated Powers
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A power delegated by the Constitution to one branch cannot be exercised by any other branch, neither by voluntary assignment or abandonment nor by usurpation.

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Usurpation is the exercise of powers by an agent which have not been delegated to him by the principal. It is a fundamental principle that all acts of officials not derived from the delegated powers of the constitution are null and void from inception, not just from the point at which a court may find them unconstitutional.

Judges and other citizens do not decide constitutionality, but discover it. Every person who is involved with any act by an official has a nondelegatable duty to make a determination of the constitutionality of that act. This determination is called constitutional review, and, when exercised by a judge in a case, judicial review.

Treason by usurpation of powers not granted is giving aid and comfort to our enemies by destroying the essential fabric of the People's trust by disobedience to the People's authority and their conditional delegation of limited powers.

The Executive usurps powers of the Congress when he wages preemptive war of aggression without their Declaration.

The Congress, in turn, cannot abandon it's power of Declaration in order to achieve political comity with another branch of government.

" ... the limitation fundamentally implicit in the constitutional separation of the powers, namely, that a power definitely assigned by the Constitution to one department can neither be surrendered nor delegated by that department, nor vested by statute in another department or agency."
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Contact Henry Nicolle:
Mail: c/o POB 5633 Ventura, California (93005) - -  Tel: 805-758-4446 - - e-Mail: henry@henrynicolle.org



Last Revision: 25 July, 2004