September 13, 2005
With accountability, the cry for Freedom of each individual is maximized and the Rights of the governed are secured.
Liberty is directly proportional to accountability. The more the People are able to hold government accountable to these essential principles, the greater their Liberty.
The First Amendment provides a guarantee of the primary methods for exercising accountability. Of crucial importance is the Petition clause, which unlike the other clauses (which enable personal expression, belief and association) brings the People and their government into a direct confrontation, and results in a public declaration of individual Liberty or governmental Tyranny.
Petitioning the government for Redress of Grievances is nothing less than a peaceful rebellion of citizens seeking to keep their government in its proper place: as a servant of the People, created through a written Constitution for their service and protection.
The Petition is the period at the end of the sentence on Liberty. It is the capstone Right, the ultimate peaceful deterrent to the abuse of power in government, a protection against the theft of Freedom from the People.
Listen to the words of Jefferson: “On every government on Earth is some trace of human weakness, some germ of corruption and degeneracy, which cunning will discover, wickedness insensibly open, cultivate and improve. Every government degenerates when trusted to the rulers of the People alone. The People themselves therefore are its only safe repository.”
The Petition Clause was positioned for the People’s use against an imperfect political process, a process that would favor the majority and those who possess power and influence. The Petition Clause is there to protect the individual from the whim of man and the whim of the majority. It offers protection against abuses of government that infringe upon the Fundamental Rights of both Individuals and the minority.
The Petition is a necessary tool available to every individual, to remind and instruct those in government that their control is always, and ultimately, subject to the greater power and control of the Sovereign People that created it, bound -- not by the whims of men, but by the essential principles of Liberty. Petitions keep the government’s ears open to its master’s voice and they can sharpen popular attention to what the government is doing.
The Founders knew that the unequal and unorganized citizens must have a practical, constitutional vehicle by which they could secure protection against those who would employ and enjoy political domination for their advantage. Indeed, it is this single principle – the Natural Right of popular sovereignty, as excised through the Right to Petition, that distinguishes our form of government from any that has arisen during the history of man.
Confrontations between men and their governments have never been without
anguish or agony. In our system of governance, the Petition is the fine line
between peaceful and physical rebellion. Although Petitions may bring
painful revelations and result in difficulties, the Right to Petition is the
final check and balance that protects the People against the abuses of
government – and insures the continuation of our Founding Principles.
Such is the recent
decision by federal Judge Emmet Sullivan.
In We The People et al., v. United States, et al., Sullivan, ruled that the government does not have to listen or respond to the People’s Petitions for Redress of Grievances.
Without the Right to a response, the People do not have the Right to
Petition. Popular Sovereignty thus becomes a quaint anachronism.
Unfortunately, Judge Sullivan’s decision is anything but respectful.
Listen to the words of Chief Justice Marshall in Marbury v. Madison in 1803, “It cannot be presumed, that any clause in the Constitution is intended to be without effect.”
Seldom has the Judiciary been so disrespectful of the Rights of People – probably not since the court decision in Plessey v. Ferguson, which held that “Black” people were “separate but equal” -- a patently absurd, political decision that was eventually overturned by Brown v. Board of Education.
It’s one thing for the political branches to deny the Right to Petition, it is an entirely different matter for a federal judge, standing as the Judiciary, to officially sanction the denial.
As was the case with Martin Luther King, Jr. in Alabama and Ghandi in India, the enhancement of Liberty in any society must come from the efforts of the People.
The history of man’s struggle for Freedom teaches us to become involved citizens and to become Petitioners when the normal political process no longer meets our needs or fails us entirely.
Petitioners are first class citizens who, having the courage of their convictions, act as free and thinking people. They rise and engage themselves as involved, responsible citizens to make change where change seems necessary.
What must a Free People do after Petitioning the Executive and Legislative
branches for stepping outside the boundaries drawn around their power by the
war making, taxing, property, privacy, money and due process provisions of
the Constitution and then witness their government turn a blind eye and a
deaf ear to the Petitions?
Under the present facts and circumstances, an extraordinary commitment to
Freedom by the People is necessary. Personal activism must become a priority
in order to stem the rising tide of tyranny.
The lowest level of the federal Judiciary has now spoken and Judge Emmet Sullivan has assured his noteworthy place in history. After having profound questions of Constitutional Order and Natural Rights placed before him, he has ruled that our Right to Petition was intended to be without effect.
Working against despotism, and needing to complete the historical and legal Record of our Petition process for future generations, documenting our confrontation against modern tyranny, we will now move through the federal appeals process, starting with the U.S. Court of Appeals and, if necessary, the United States Supreme Court. We cannot allow it to be said that we did not complete our judicial remedies.
It is now clear that within the coming months, we will be living witnesses to the further demise -- or resurrection -- of a nation where men once walked free, endowed with the Blessings of Devine Providence.
My personal actions in the future are offered to encourage People to become involved as citizens and activists in the defense of Liberty when, as now, Freedom has come under attack, and the political and judicial processes designed to serve and protect us turn against us.
Please make a
to help fund the landmark Right-to-Petition lawsuit