Juprtmt Court of tilt Jtatt oflltw JorkCourt of RootalsII

Town of Montauk, Inc.Petitioner-Appellant

-against-Hon. George E. Pataki, Esq., Governor of the State of New Yorkand, The People of the State of New York Met in Assembly, and TheTown Board gov't of the Town of East Hampton, and The Trusteesof the Freeholders and Commonalty of the Town of Easthampton,and The Suffolk County Water Authority, Inc., and The County ofSuffolk, and The Brooklyn Historical Society, Inc., and 511 Equities,Inc., and The Nature Conservancy, Inc.

Respondents- Respondent

Affidavit of Service

A.D. no. 05-10912

(Suffolk 04-27553)

Robert A. Ficalora, founder, CEO and assignee of Montauk Friends of

Olmsted Parks/Montauk Trustee Corporation does herewith affirm and swear

under the pains and penalties of purjury that on September 30, 2008 I did forward

to the attached list of defendants one corrected copy each of June, 2008 VoL V no.

1 edition of the Montauk Gazette together with its inclusion, The Democratic

Republican ™ •

This service is made for informational purposes only and is not made as part

of legal processs. It is delivered to the court in Albany together with two (2) bound

copies of the Appendix and the Motion for leave to Appeal used' on Appeal.

Sworn to before me this 30th day of SeJltember, 2008 A I\1ARobert A. Ficalora

~ t/J;t ~ P.O. Box 2612'. :tJAhA~/ . Montauk, NY 11954

No ry" (212) 219-3700 (ask for Andrea)DARLENE M. LANCASTER (631) 614-4319 (efax)

.__ "OTARY PU8UC. STAlE OF NEW YORK _

QUAlIFIED IN SUFFOlK COUNTY

NO. 4890059 ~ n JIMY COMMlSSDI EXPIRES APRll20.~

Hon. Anthony CuomoAttorney General of the State of NewYork

For Gov. Pataki & the People of theState of New York met in Assembly,Respondents-Respondentc/o Solicitor General

eanii ..&tahii: Lt'PTown board government of Easthamptonand 511 Equities Corp.,Respondents-Respondent445 Broad Hollow Road - Suite 332Melville, N.Y. 11747(516) 752-1600

Mr. John Courtney, EsqAttorney for The Trustees of theFreeholders and Commonalty of theTown of Easthampton,Respondent-RespondentP.O. Box 720

Amagansett, NY 11930(631) 267-6161

Ms. Christine Malafi, EsqSuffolk County AttorneyFor The County of Suffolk,Respondent-RespondentH. Lee Dennison Building100 Veterans Memorial HwyPO Box 6100

Hauppauge, New York 11788(631)853-4049 FAX (631)853-5169

Mr. Peter J. Mastaglia, EsqCullen & Dykman, LLPThe Brooklyn Historical Society, Inc.,Respondent-RespondentGarden City Center100 Quentin Roosevelt BoulevardGarden City, New York 11530-4850

Melville, New York 11747(631) 694-6500

Mr. W. J. Fleming, Esq.Attorney for The Nature Conservancy,Inc., Respondent-Respondent46 Newtown Lane, Suite 3East Hampton, NY 11937-1405(631) 324-8778

Jason B. Kolodny, Esq.Petitioner's Attorney of Record21 Hereford RoadGreat Neck, NY 11021(516) 661-9418

Michael H. Sussman, Esq.Prior counsel for Petitioner40 Park Place, P.O. Box 1005Goshen, New York 10924(845) 294-1623

Montauk Gazette, June. 20081

The Montauk GazettePublication of Record - The Incorporated Township of Montauk

Vol. V no. 1 (5,500 printed, 5,208 mailed), June, 2008HTTP://WWW.MONTAUK.COM

©

Resolved never to become slaves!The 1775 General Association

protests legislative acts by theBritish Parliament and its basis isvirtually identical to Montauk’scomplaint against the New YorkState legislature.

Montauk’s version of theGeneral Association alsoincorporates applicable sectionsof the subsequent Declaration ofIndependence and the Bill ofRights amending the Constitutionof the United States of America.Chapter 64 of the laws of 1788requires us assemble in townmeeting.

The state legislature’s conquestof Montauk began with a 1906enabling act that resulted in theclosely watched matter ofPharaoh v. Benson, et. al andMontauk’s juridical statusappeared in the court papers.

A series of events quicklyunfolded. In 1907 Frank ShermanBenson died suddenly of an“apoplexy” (stroke). Noticeablyabsent in the N.Y. Times obituarywas his 15 year tenure as adirector of the Long IslandHistorical Society which wasundergoing close examination bythe Tammany controlled statelegislature at the time. Alsoabsent was his ownership almostall of Montauk.

In 1909 the State legislaturepassed the Town Law of the Stateof New York with the design ofimposing it on the towns ofSuffolk County which to that

The General Association

General Association pg 2

On May 23rd, 2008, theMFOP/Montauk TrusteeCorporation filed a Motion forReargument with the high Courtof Appeals in Albany in thematter of Town of Montauk, Inc.,v. Pataki, et. al..

Reargument is sought on thecourt's dismissal of December18th, 2007 for failure to perfectthe appeal in 60 days, a violationof the court's rules (22 NYCRRPart 500.12[b]).

The .motion currently beforethe court argues that because thecourt has never found anyconstitutional or statutoryviolations, and the court hasdiscretion over the enforcementof its own rules, that the courtshould vacate its dismissal andgrant Montauk a hearing in thishugely important case.

We also point out no hearingwas ever allowed at any level inopen court. We subsequentlycollected the 56 signatures on apetition for a hearing that wasserved and filed with the court.

All defendants have beenserved with the motion and theiranswers are due by June 9th.The court will enter a decision,usually in around a month.

If we lose this motion legalprecedent will be set. This effortto recover our birthrightsovereign liberties will be lostand the ending of an illegal,unconstitutional and despoticgovernment will be set back..

Town of Montauk, Inc. v.Hon. Pataki, et. al.

We truly do praythat this Gazettewill serve as a

prelude to actionbeing taken by

citizens inMontauk, the

Towns of SuffolkCounty, and inNew York to

recover, defendand use our

birthright liberties.Montauk's lands were

jurisdictionally incorporated in1686 and 1852. TheMFOP/Montauk TrusteeCorporation assumed andconsolidated the corporate rightsfor Montauk as the IncorporatedTownship of Montauk with TheArticulated Rights andConstitution of the Township ofMontauk in December of 2000.

The first incorporation was witha colonial charter granted byGovernor Thomas Dongan of thenewly Royal Province of NewYork in December of 1686 knownas the Dongan Patent.

On June 10th, 1686 KingJames II vacated and annulledthe Constitution of 1683eliminating the coloniallegislature and imposingautocratic corporate rule. Therecord shows that Easthamptonplaced itself in a position ofmilitary readiness and most of

Montauk's Incorporations p.2

So this is it. After four (4) yearsof court filings it is uncontestedthat Montauk is an illegally andunconstitutionally suppressedincorporated township.

Despite never being given ahearing in open court, and thatthe reasons given wereunfounded in either the record orthe law, the Appellate Divisionentered a decison against us.

The consequences may bevery, very serious. Your sovereignrights as a freeholder of land inMontauk are of a jurisdiction thatis the most powerful attainmentof individual libertyconstitutionally possible inAmerica.

We have shown that theserights have been denied througha century-long history of fraud,deceit and concealment by theNew York State Assembly, whichwe argue has no jurisdiction overMontauk or any of the other of thetowns of Suffolk County.

There is no reason for the Courtof Appeals to allow this tramplingof our State and FederalConstitutions to continue.

If our Motion for Reargumentis denied the question is what wecan do next. We mustdistinguish between civildisobedience and civil dutybecause what have beensuppressed and denied areconstitutionally protected

Bob's peace (redux)

Bob's peace p. 2.

Montauk Gazette, September. 20052

point had mostly been governingthemselves under the DonganPatents.

In 1910 Pharaoh v. Benson wassummarily dismissed bydeclaring that the Montauk Tribeof Indians no longer existed tomake a claim under the 1661,1672, 1686 &1702/3 deededagreements. Earlier, in 1879, thecourt had held that the Montauktribe existed but could claim noownership of the lands onlyrights over them; that the feeownership of the Indian landsremained with the owners ofMontauk lands outside of thereservation areas and their heirs,successors and assigns.

Historical circumstanceprevented Montauk’s proprietorsfrom defending these lands whenfaced with a State supported, andAl Capone-influenced, mobsternamed Carl Fisher. Theproprietors’ rights to these landshave never been extinguished,however, and with the state’sliability for enabling the illegaltaking of these lands, we believethe matter can be settled withoutinjury to innocent parties,including the Town of Montauk.

In 1911 a fire destroyed thelibrary of the legislature in Albanyand all record of its historicalunderstanding of the colonialcharters and governments underthem. The watchman’s body wasfound dead on the first floor andit is hard to believe that the firewas an accident.

In 1912 the town ofSouthampton was the first toestablish a government under thelegislature’s 1909 Town Law.

After the conclusion of Pharoahin 1910, the proprietors treatedMontauk as a private estate withthe Indian and theOlmsted/Benson reservations ascommon lands.

The General Association The 1918 Last Will andTestament of Mary Benson,however, left no protections. TheExecutors of the 1918 estate ofMary Benson either renounced orresigned and it was moved to theadministration of the BrooklynTrust Company.

Brooklyn Trust sold the MaryBenson Montauk lands to a manassociated with Al Capone (CarlFisher) who chased thedefending proprietors out ofMontauk and began thesubdivision and sale of thecommon lands.

It was a classic Capone-styleoperation but with little or noneof his class. Carl Fisher broughtthe new second government ofEast Hampton into Montauk,organized under the stillunfinished 1909 Town Law.

He created a hotel called “TheManor” at the rail-head inMontauk and held big parties forthe state legislators. He carried alarge mortgage from the Estate ofMary Benson and went bankruptin 1930 after the stock marketcrash. He would die a pennilessalcoholic in 1939.

When the Estate of MaryBenson was finally liquidated in1957 all of the trust lands weresold to a development company.The Town of East Hamptonalmost immediately passed azoning ordinance coveringMontauk.

The General Association mustbe read with an understanding ofthe above history.

Montauk is the conqueringstate legislature’s Achilles heal.The Town Board of the Town ofEast Hampton has noincorporation papers, it has neverbeen legally established.

Montauk, however, is anincorporated township by rightsof succession through theDongan Patent, chartered rightsthat run with the land forever.

the men receiving the patent fromGovernor Dongan showedmilitary rank.

What Easthampton received,and was forced to pay a goodsum of money for, were the samejurisdictional authorities receivedin its mother colony ofConnecticut's historic 1662charter, considered the mostpowerful ever granted to acolony. All of the towns of SuffolkCounty received similar Charters.For this reason, the DonganPatents have been referred to asgranting "the rights of stateswithin a state".

The 1852 second incorporationof Montauk was by the statelegislature after the lands coveredby the 1686 Dongan Patent forthe Town of Easthampton weredivided by court order in thematter of Henry P. Hedges, et. al.v. the Trustees of the Freeholdersand Commonalty of the Town ofEasthampton. It released allclaim to Montauk pursuant to thecourt's order under its corporateseal by deed dated March 9th,1852. Montauk was thenincorporated by an act of thelegislature on April 2nd 1852establishing the Montauk trusteecorporation and affirming itspower to govern.

The Dongan Patent covers theTowns of Easthampton andMontauk and the Trusteecorporations claiming rightsthrough it are the onlycorporations with theconstitutional authority to govern.

The franchise right of theproperty owners and residents ofMontauk, therefore, is toassemble in town meeting and toelect trustees and with thesovereign power to govern.

Montauk's Incorporations

Montauk's Incorporations p. 3

sovereign liberties. If ourconstitutions and laws don’tcount, if we can be governed as ifwe lost a war, we are little morethan slaves.

Our options are as follows:1. Appeal to the United States

Supreme Court. All this requiresis money and an attorney.

2. Pay all taxes into a trustaccount naming the Town ofMontauk as trustee. If we noticeEast Hampton of this and make itso that only you have access tothis account, they will have tosue the Town of Montauk.

3. Raise the Montauk Militia toconsider the General Associationand assert jurisdiction. Onceoaths have been sworn we cantake appropriate action.

4. Establish the RepublicanDemocracy Party in the State ofNew York. The RDP Charter isincluded in The DemocraticRepublican� flier. If we can’tbeat them in court, we’ll takecontrol of their seats.

A great deal of money, timeand effort has gone into gettingthe case to where it is before thehigh Court of Appeals today. Ihonestly do believe, and do pray,that, since we have violated nolaw or constitutionalrequirement, the court will use itsdiscretionary powers to hear ourcase.

If we are otherwise abandonedby our system of justice, I believethat we must consider the aboveoptions. If we unite and persist,we will win.

For good, for law, for Montauk,I am

Robert A. Ficalora.Supervisor

Bob's peace (redux)

Montauk Gazette, June, 2008

3

GENERAL ASSOCIATIONAdopted by the Trustees of the Freeholders and inhabitants of the

Incorporated Township of Montauk, on _________, the __th of__________, 2008, and transmitted for signing to all of the Cities andTowns, and Counties in the State of New York.

Persuaded that the Salvation of the Rights and liberties of America,depends, under God, on the firm union of its People, in a vigorousprosecution of the measures necessary for its safety and the rule of lawunder our constitutions as originally drawn and intended, and the use ofthe rights and liberties reserved to the People at Chapter 64 of the 1788laws of the State of New York, and in the First and Second Amendmentsto the Constitution of the United States of America; and convinced of thenecessity of preventing the Anarchy and confusion which attend thedissolution of the powers of lawful Government, we, the Freemen,Freeholders and Inhabitants of the Town of Montauk being greatlyalarmed at the avowed design of the Legislature of the State of New Yorkto take away our Charters, abolish our most valuable Laws and alterfundamentally the Forms of our Governments by imposing governmentsthrough conquest under the pretext of unlawful statutes and alterations,amendments or pretended repeals to the Constitution of the State of NewYork; we do pray for relief in the matter of the Town of Montauk, Inc. v.Pataki, et al., affecting the sovereign rights of freeholders and residentsof the Towns of Suffolk County established by colonial charters, currentlybefore the high Court of Appeals of the State of New York, and do, in themost Solemn manner, Resolve never to become Slaves, and doassociate under all the ties of Religion, honor and Love to our Country, toadopt and endeavor to carry into execution, for the time being, whatevermeasures may be recommended without let or hindrance by the Trusteesof the Incorporated Township of Montauk, or resolved upon by a suitablestate Convention, for the purpose of preserving our Constitutions, andopposing the execution of the several arbitrary and oppressive acts of thelegislature of the State of New York, until a reconciliation, between theState of New York and its freeholders and residents, on ConstitutionalPrinciples, (which we most ardently desire) can be obtained; and that wewill in all things, follow the advice of our provisional board of Trustees,respecting the purposes aforesaid, the preservation of Peace and GoodOrder, and the safety of individuals and private property.

These may certify that all persons in the Town of Montauk are to beapproached to sign the above Association, that are capable of bearingarms.

[The forgoing was adapted from the General Association of theFreemen, Freeholders, and inhabitants of the city and county ofNew-York, on Saturday, the 29th of April, 1775, and was transmitted forsigning, to all the counties in the Province of New York (see:http://longislandgenealogy.com/append3.html#general). It was certifiedlocally as follows: “These may certify that every male in the Town ofEast-Hampton have signed the above Association, that are capable ofbearing arms.By Order of the Committee, JOHN CHATFIELD, Chairman.]

Today, however, Montauk is beinggoverned by an unconstitutional and legallyfictitious town board entity operatingaccording to a 1909 legislative enactment,the Town Law of the State of New York.

The result of this century old and ongoingfraud has been the usurpation andsuppression of the freeholding propertyowners' franchise right to tax and to govern.

The motion now before the court attachesa document entitled General Association,adapted from a 1775 document signed by"all men capable of bearing arms" in thetown of East-Hampton. It was initiated andcirculated by the Freemen, Freeholders, andinhabitants of the city and county ofNew-York. (see:http://longislandgenealogy.com/append3.html#general) The motion brief states that:

"...understanding theseriousness of thesuppression of the sovereignliberties presented, yourappellant is considering anumber of options tolawfully attain the rightspresented before you,including the distribution ofthe attached revised 1775General Association that wasa unifying preamble to theAmerican Revolution in theState of New York.It is amazing that thecomplaints presented to thiscourt today are very muchthe same as those presentedin the original 1775document. And so we, too,have resolved never tobecome slaves"

The General Association received asummary review by members of our board oftrustees prior to filing it with the court.

This is to certify that if you are capable ofbearing arms that you have been noticed andmay sign the copy at left.

Please forward it with your mailing addressand phone number to Montauk TrusteeCorporation, P.O. Box 2612, Montauk NY11954. You will be called by phone on orafter June 18th with information on ameeting and a formal signing..

Montauk's Incorporations (cont.)

MFOP/Montauk Trustee CorpP. O. Box 2612Montauk, NY 11954

Acting Trustees: Helen Ficalora, Capt. Bill Grimm, HerbertMcKay, Shawn Miller, Richard Monahan

ex-officio: Daniel Grimm, Louise Nielsen, Dr. John Jay Sayers,Dr. Alice Roos and over a decade of others.

Supervisor: Robert A. Ficalora

BE IT THEREFORE ENACTED by the Governor, Councill andRepresentatives convened in General Assembly...that all theCharters, Pattents, Grants made, given and granted, and well andtruly executed under the seal of this Province, Constituted andAuthorized by the late and present Majesties, the Kings of England… unto the respective Corporations of bodies politick of the Cittys,Towns and Mannors, and also the several and respectivefreeholders within this Province, are and shall for ever be deemed,esteemed and reputed good and effectual, Charters, Patents andgrants Authentic in the Law against their Majesties, their heirs andsuccessors for ever…

-- Chapter 2 of the laws of 1691

We are before the highest court of the State of New Yorkdemanding the rule of law and redress of our grievances. We havelost no war or otherwise surrendered our rights, liberties andprivileges under the 1686 Dongan patent. Chapter 2 of the laws of1691 remains the law under Article I Section 14 of the Constitutionof the State of New York making violations of the Dongan Patentenforceable against the State of New York as successor to the King.

The Mailing list used for this Gazetteis three years old and incomplete.

Extra copies will be distributed in theshops around Montauk to give toproperty owners that didn't receivetheir copy.

Please support local commerce.

Court

Docu

men

ts

atwww.M

onta

uk.

com

The Democratic Republican, June 2008 p. 1

June 1st 2008

By Bob Ficalora

This may be a huge year forjudicial decisions.

March 18, 2008 the matter ofWashington State Grange v.Washington State RepublicanParty, et. al. regarding the "toptwo" primary was decided by theUnited States Supreme Court(552 U.S. 06-713 (2008)).

The Grange initiative will have a transformative effect onWashington State Government byending the two party monopoly.

RDP is a states' rights party andits charter will bring focus, debate and action on important issues.

Candidates for office willemerge organically from theprocess, and it should be excitingfor everyone involved.

The RDP will become a force instate government.

On May 15 the CaliforniaSupreme Court filed its decisionIn re: Marriage Cases (S147999),declaring statutes prohibiting gaymarriage to be unconstitutional.

The "gay marriage" decision continues the elimination of lawsthat deny the basic right ofnon-descrimation to a significantclass of citizens because of theirsexual preference.

The biggest case poised for adecision, however, is the matterof Town of Montauk, Inc. v.Pataki, et. al..

It is now at a point where webelieve that the New York StateCourt of Appeals (high court) can

take jurisdiction and hear ourcase (see: www.montauk.com).

If the high court gives us ahearing, we are confident that we will win. The town board of EastHampton is a legally fictitiousentity so if we stand before thecourt with them the court will becompelled to enter judgment.

Montauk claims to be aconstitutionally protectedincorporated township with rights through a 1686 colonialpatent/charter known as theDongan Patent.

It established that Montauk'sproperty owners (freeholders) are to elect twelve trustees, govern by town meeting and grantedsovereign jurisdiction in themaking, administering andenforcement of law. WhileMontauk relies on the New Yorkstate judiciary, its soveignty isthat no other constitutionallyestablished body in America hasjurisdiction over it.

The freeholders will make alllaws, control all land use, assessall taxes, elect our police, andoperate our justice court. Theserights run with the land.

The RDP was developedsynergistically with the litigationin re: Town of Montauk, Inc. butneither is dependant on the other.

The RDP is ready to go in thestate of Washington and willbegin operations in SuffolkCounty, New York as a foreignnot-for-profit political party.

contact: bobfic@montauk.com

The Democratic Republican Journal of the RDP/Democratic-Republican Party™

June, 2008

TM

TOP TWO PRIMARY UPHELD!RDP files to commence operations in the State of New York.

Contact: Shane Fredrickson

rckcndymt@yahoo.com

360-867-1405

fax: 360-867-1405

The Democratic Republican is being sent with

The Montauk Gazette to two mailing lists: 1.)the 2005 mailing list of Montaukfreeholders (property owners); and, 2.) alist of the signers of a 2003 petition for aWashington State Joint Memorial to thePresident to affirm the constitutionregarding war powers (seewww.republicandemocracy.us).

The issue before the high court of theState of New York in the matter of Town of Montauk, Inc. v. Hon. Pataki, et. al. andthe Washington State Joint Memorial(which died in House and Senatecommittees) is the problem of how torestrain legislatures navigating inConstitutionally unchartered waters.

The intent of this attempt to (re)establishthe Democratic-Republican PartyÔ is toprovide a solution for the issues raised andto spread the foundational process of stateand local government rooted in the peopleassembled in town meetings across thestates of New York and Washington.

The central wrongdoer in the Town ofMontauk case has been the state Assemblyand an important option presented is that using the RDP we can take their seats.

There is no more powerful force underour constitutional frame of governmentthan the deliberated resolve of the peopleassembled, and it is only united with a plan that we will prevail in re-establishing goodgovernment. The attached charter for theRDP/Democratic-Republican Party is theplan presented.

For good, for law, for liberty, I am

Robert A. Ficalora

This writing is dedicated to Naomi Wolf who sees the same threat and is also taking action to stop it.

The RDP Charter uses the historically standard form of a preamble, binding covenants, principles, constitutionalstructure, process and rules. This summary is intended to describe each section and why it is important.

Covenants

The covenants must be accepted by all members. Theyare to protect the lawful right of the membership topeaceably assemble with love and compassion in ourhearts while protecting us from spies and provacateurs orwho advocate violence.

The covenants are intended to build the type oforganization we want to be a part of and provide recourse for defending its integrity. While a little paranoia can be a good thing, too much of it serves the purposes we oppose.

Principles

The principles are future focused and taken from ourpolitical history as a nation. Much of the thinking andadvocacy comes from the English republicans that were so influential to our founding fathers like Thomas Jefferson.

As we assemble in our caucuses and assemblies, the RDP principles are intended to guide us in our deliberationsand keep us focused on the ends to which we aspire toaccomplish. This has always been a nation of peace-loving people.

The RDP principles emanate from our country'sfoundation as a republic of Constitutions and Laws. Everything we have as a nation is predicated on themaintenance of that system, yet today it is ignored andwe are faced with lawlessness and tyranny.

Constitution

(NOTE: Washington state uses "legislative districts" andNew York state uses "assembly districts". They will simply be referred to as districts in this writing.)

The constitution is the organizational structure of theRDP and is intended to be as open and democratic aspossible. All funds are to be accounted for at the districtlevel by elected officers.

Process

The RDP process establishes how the quarterly caucusesand district Assemblies will take place.

Set forth is the manner in which resolutions will besubmitted and moved for voting and approval by themembership. The RDP process does, in its intendedeffect, establish an ongoing people's legislature that is

certain to be highly influential in all levels of ourgovernment.

Rules

The rules are simple. We must have an orderly mannerof easily removing spies and agents provocateurs from ourcaucuses and assemblies.

This is not a trivial or unimportant requirement. Thepolice/intelligence agency "sleepers" in our communitiesare well funded and highly trained and closely managed.The former Soviet Union lost its county through themicro-management of such agents.

Review by certiorari means that the court will only lookto see if the caucus vote and appeal were properly had inorder to remove a participant or director fromparticipation in the RDP.

All that is required to participate in the RDP caucuses isto adhere to the RDP Covenants. In other words, peoplecan be Democratic Republicans (RDP members) and cansupport Democrat or Republican party candidates as well. State laws may apply, the State of Washington has nopolitical party registration requirement.

The Bottom Line

There are many among us who believe that our countryis currently threatened by a rogue outlaw government. Itis the intent of the RDP to bring citizens together torediscover their rights and their country in order toprotect the liberties that we all still enjoy.

The newly Amended Charter (v46) of theRDP/Democratic-Republican Party™ is a living documentthat can lead us without leaders. Please use the attachedtwo-sided document by becoming your precinct officer byinserting your name and phone number and using it toget the process going in your precinct today.

Although it should be easiest to establish the RDP/Democratic-Republican Party in a caucus state with a toptwo primary like Washington, it is perhaps even moreneeded to establish it in the state of New York.

In his powerful February 7th, 2007 address to the NewYork State legislature in Joint Legislative Session,Assemblyman Greg Ball referred to it as "the mostdysfunctional legislature in the United States of America." The importance of establishing the RDP, therefore, cannot be understated because we can change that.

The RDP is intended to be charter driven organizationthat brings you and your friends and neighbors into aregular process of assembling in your neighborhoodprecinct and district.

With the RDP Charter in hand, YOU, and each of usindividually, will make this happen.

The Democratic Republican, June 2008 p. 2

The Republican Democracy PartyAmended Charter v.46

We the People of the United States of America, being the heirs and successor governors of these landsunder God to the original Indian nations and to the Protestant kings and queens of England, are endowed

with the inalienable rights of a free and sovereign nation. With affinity for the purposes andaccomplishments of the Honorable George Clinton, Thomas Jefferson and John Taylor of Caroline, thisCorporation does assume the mantle of, and will also be known as, The Democratic-Republican Party™.

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All members swear to:Hold these covenants as higher law and an inviolable

contract, accepting membership according to theirterms;

Respect the lawful right of other members to dignity,privacy and to peaceable assembly without spying oralienation, and to quietly surrender membership upon avote of exclusion for breach thereof as more fully setforth in Section V (below).

Fulfill all duties and responsibilities undertaken.Stand for the rule of law, justice, peace and ecological

restoration.Speak only truth while giving love indifferently and

opposing contempt for the rights, liberties andCommonwealth of all people or peoples now or evercognizable under our system of English law.

Practice and espouse active participation andnon-violence.

The RDP/Democratic-Republican Party holds that:Republican government is by the People according to

constitutions and laws, and not by banks, corporations,posers or monarchy;

Democratic government is of the People with governmentclosest to the People being best;

The RDP/Democratic-Republican Party shall establishstrength in state government to assert state sovereigntyas a balance to federal power;

All sovereign or prerogative powers not granted to thefederal union by the original thirteen independent andsovereign states are reserved to the states or to thePeople;

Federal currency and taxation must be lawful;The Bill of Rights amending the Constitution of the United

States having been expressly ratified to restrainunintended federal power, all amendments made afterthe Civil War must be reviewed for possible repeal;

The most fundamental liberty to make our own laws shallnot be impinged or surrendered;

Idolatry of religious or political figures is dangerous toour liberties and a threat to the republic;

Constitutional democracy is a contract with allgovernmental assets of any type or nature being theCommonwealth of the People;

Social security being established by a FederalInsurance Corporation Act (FICA), its funds arenon-discretionary to Congress and all funds takenfor other purposes must be restored;

The National Guard being the states' militia, must beunder the exclusive command of the Governors withforeign adventures only upon their public order;

Military pensions and veterans' benefits must be fullyfunded and non-political;

Non-citizen soldiers, standing armies, mercenaryforces, military tribunals and unaccountable militaryindustrial and intelligence complexes should beabolished;

The exploitation of labor, natural resources andtechnology being necessary for human sustenance,unions and a living wage, environmental restorationand protections of health and safety are essential;

Victimless crimes and pretexts of war for takinggreater authority are to be resisted;

The sanctity of the obligations of contracts, the equalrights and treatment of all persons before the law,and the freedom of conscience in a secular state areessential to our liberty;

All voting in contested partisan elections should beopen and published for public inspection with theoption provided for privacy;

Acts made or actions taken by governmental bodieswithout or in excess of their Constitutionallydelegated powers to reconstitute government or toextend powers into the states, or over the People,are opposed;

Should the general government of the United States ofAmerica continue to operate outside of the powersdelegated to it by the federalist Constitution thereof,and the People are strong within their states, aconstitutional convention of the states should beconvened for the re-constituting of said government,with the Bill of Rights to be considered first and notin any way diminished.

- Amended by founder Robert A. Ficalora in PalmBeach, Florida January 1st, 2008, v46

Constitution, Process and Rules

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The RDP/Democratic-Republican Party (Party) is achartered, active and participatory grass-roots membershiporganization. The intent is to use our 1st Amendment rightto peaceably assemble for its intended purposes. Firstestablished under the laws of the State of Washington, thischarter is to be used in all of the states of the Union.

The Party shall hold bi-annual County Conventions anduse a modified New England-style representative townmeeting process of quarterly caucuses followed byLegislative District Assemblies (LDAs) of caucus attendees.

County and LDA chairpersons shall be elected for eachbody for two year terms. State officers will be voted for aone year term at the subsequent precinct caucuses. Thepriority will be to grow the Party statewide using thisAmended Charter.

A financial account shall be established for eachlegislative district using the RDP's EIN with the state andLDA treasurers as account co-signatories for reporting andaccounting purposes. State and County accounts wil befunded by either member contributions or by legislativedistrict apportionment.

Precinct caucuses shall be hosted by an officer (PCO) whoshall collect a $3 admission, convene the caucus, anddeliver all funds and voting to their LDA.

County conventions shall be held on the second weekendof January and July. Quarterly precinct caucuses shall befollowed by an LDA that is restricted to caucus attendees.

Resolutions may be read and submitted at a caucus for avote at the subsequent caucus if sponsored by two Partymembers. A voted resolution or one for a member to speakat the LDA shall be by majority vote whereas a resolutionthat is urgent or involving process may be approved by aunanimous vote for delivery at the LDA.

Caucus sign-in and voting shall be taken at the door, eachvote being changeable until closing of discusson of theagenda item.The priority of caucus business shall be 1.) thedeliberation and voting upon pending resolutions and 2.)the introduction of any proposed new resolutions.Resolutions approved by a caucus shall be voted by all

caucuses in the legislative district at the subsequentcaucuses.

The priority of LDA business 1.) two minuteaddresses by caucus participants voted to speak, 2.)tabulation of the caucus voting upon resolutions; 3.)the introduction and discussion of new resolutionsapproved by caucuses for a vote by the next caucusesin the Legislative District.

Resolutions adopted by a majority vote of a majorityof caucuses in the legislative district may be directedto state representatives or to a city, county or stateconvention for a vote by all included precincts.

The caucus and LDA calendars shall be in a mannermost effective in relation to state government.

The LDAs shall administer the required city andstate conventions with Charters for state, county or

legislative district committees to be approved by amajority vote of the included caucuses.

In order to protect the members' rights to peaceablyassemble for political purposes, a vote may be hadupon a motion, properly seconded, for exclusion of acaucus participant for covenant violations, with awritten appeal reserved to the LDA or, failing in suchan appeal, to the state courts for review by certiorariif brought within thirty (30) days.

RDP processes may be used to endorse candidatesof any political party, with candidates standing forthe RDP/Democratic Republican Party principles andvoted by a majority vote of a caucus assembled tohave preferential consideration.

This Amended Charter shall serve until nextamended by resolution of the membership initiated ata caucus assembled and approved by a majority voteof a majority of caucuses represented in majority ofLegislative District Assemblies assembled in StateConvention.

This Charter is a 2-sided 8½ by 11 inch flier fororganizing, reference and operational use.- Amended by founder Robert A. Ficalora in PalmBeach, Florida January 1st, 2008, v46

Next RDP CAUCUS/Convention - ________________ 20____PRECINCT _____ COUNTY ______ LOCATION _______________________________________________

PCO / INFO __________________________________________ TEL. _____________________

Info: WWW.REPUBLICANDEMOCRACY.US (Coming soon) or _________________________________