October 20, 2004 

Stopping Undeclared Wars

In questions of power, let no more be heard of confidence in man,
but bind him
down from mischief by the chains of the Constitution…”
Thomas Jefferson

The Rights of Americans are INDIVIDUAL Rights, guaranteed by the letter and the spirit of the Constitution, the Bill of Rights, and the Declaration of Independence.

One such Right is the Right to freedom from a government that commits the armed forces of this nation to hostilities overseas without a Congressional declaration of war.

Since World War II, Presidents have repeatedly usurped this power which is explicitly reserved for the Congress, and Congress has consistently acquiesced by illegally "transferring" the power to the President via unconstitutional "resolutions". (See Article 1, Section 8 which specifically requires a declaration of war by the People's elected representatives in the Legislative branch -- not the Executive branch.)

To stop undeclared wars the People need only force the government to abide by the war powers clauses of the Constitution.

To force the government to comply with the Constitution, the People need only exercise the Right guaranteed by the last ten words of the First Amendment -- that is, the Right to "Petition the government for Redress of Grievances.”

To exercise this powerful, “forgotten Right,” the People need only submit a written statement of their grievance and a prayer for relief. The government has an obligation to respond, but if they don’t -- the People have the Right to retain their money until their grievances are Redressed. (See footnote below)

A Petition for Redress of Grievances detailing the constitutional abuses of the Iraq Resolution and the war powers clauses was served on President Bush and every member of Congress on November 8, 2002 – months before we invaded Iraq. Click here to read and/or sign the War Powers Petition.

The Petition for Redress was ignored.

On July 19, 2004, four individuals and two organizations filed a landmark lawsuit for a declaration of their Rights under the Petition Clause, including their Right to retain their money if the government does not honestly respond to a proper Petition for Redress.

Intriguingly, and unlike the other clauses of the First Amendment, the federal courts have never ruled directly upon the legal substance or meaning of the "petition" clause. This is the objective of the lawsuit.

On September 16, 2004, the original complaint was amended to include nearly 2000 named plaintiffs.
Right-click to download the Amended Complaint.

On October 1, 2004, the government’s lawyer, John Ashcroft, filed a Motion to Dismiss, stating that the government does not have to answer to the People, saying in effect, that the Petition Clause of the First Amendment is without meaning.

We would like to amend the complaint again, by adding 20,000 named plaintiffs. To join the lawsuit as a Plaintiff, one need only submit a notarized affidavit to the We The People Foundation for Constitutional Education, 2458 Ridge Rd., Queensbury, NY 12804.

Click here for a copy of the model affidavit and for full instructions on how to become Plaintiff.
Please note that although there is no cost to become a Plaintiff, the lawsuit is being funded entirely through tax-deductible donations to the Foundation.

Please join the action and forward this message far and wide.

It's time for the People to learn the power of the Right to Petition.
It's time for the People to stop undeclared wars.
It's time for the People to restore the Constitution.

“If money is wanted by Rulers who have in any manner oppressed the People,
they may retain it until their grievances are redressed,
and thus peaceably procure relief, without trusting to despised petitions
or disturbing the public tranquility.”

Journals of the Continental Congress. Journals 1:105-113.

Click Here to become a Plaintiff

Click Here to learn more about the "long-forgotten" Right to Petition
and the landmark RTP lawsuit to restore Constitutional Order

Help fund the lawsuit with a donation

Visit the RTP Lawsuit Information Center to access the court filings & legal research

Read the December 2002 WTP update regarding the passage of the "Iraq Resolution" that allegedly conferred on the President the power send America to war. Includes the hearing transcript and an analysis.