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En Banc Request Filed in DC

Day of Prayer and Fasting: July 1st  

On Friday, June 22, 2007, the United States Court of Appeals for the District of Columbia Circuit received the original and nineteen copies of the People’s Petition for En Banc consideration in the case We The People v. United States, Case No 05-5359.

A link to the People’s Petition is located at the end of this article. WE RECOMMEND YOU READ IT TWICE to absorb the finer points or if you don’t understand a word or concept. The future of the great American experiment in self-government hangs in the balance. To use the vernacular, “It’s crunch time.” This is the second highest Court in the land. 

The Petition will now be distributed to all fourteen judges of the Court, including the three judges sitting on the Panel that issued its Opinion on May 8, 2007 (Rogers, Ginsburg and Kavanaugh).

If one of the judges calls for a vote, the fourteen judges will vote to decide whether the case should be considered by the full Court. If eight of the judges decide to have the case reconsidered, the current Order will be nullified and the full court will request a response from the Government to our Petition for Rehearing. The Court will then decide whether the original Opinion should be reversed, modified or affirmed.  

If the final decision by the Court of Appeals goes against the Government, the Government will undoubtedly petition the Supreme Court to hear the case. If the action goes against the People, the People will petition the Supreme Court to hear the case. 

The Supreme Court does not have to hear the case; it could deny a Petition it receives from either the Government or the People, without a word of explanation. Neither the People nor the Government has a “right of appeal” to the Supreme Court.  

Therefore, what the People filed with the Court of Appeals is of extreme importance and …. 

You be the Judge

As an organization committed to educating People regarding constitutional principles, legal procedures and judicial doctrines such as stare decisis, we are very interested in hearing from you, regardless of your station in life – lay people or lawyers – Libertarians or major Party – writers or readers - regarding your opinion of the importance of this case, our legal arguments and our efforts to date to bring this knowledge to the attention of the American people.

Do you think we made a convincing case for an En Banc consideration?

Links are provided below to our original Appeal, the Opinion of the Court, and our Petition for Rehearing.

Please answer “yes” or “no” using the on-line form we have prepared for this purpose (See link below). Space is provided for your brief comments, ideas and questions.
 

Our View:
The Importance of En Banc Consideration
Cannot Be Overstated 

The Court faces a grave and solemn duty.  It has before it a constitutional controversy in which the most fundamental question the federal Judiciary may ever consider has been humbly put forth by the People: "Is the Government a Servant government to be held accountable by the People to a written Constitution or is the Government the Master?"

To be sure, any decision that leaves the Court's initial Opinion undisturbed may possibly damn this nation to an another era of unspeakable tension and upheaval as the Executive usurps the power of the People and of an acquiescing Congress, and as the Judiciary cooperates in the Government’s collective decision to deny People their constitutional Rights by applying its judge made standing and stare decisis doctrines.  

It takes not but a simple man to look around and understand the significant risks our Republic now faces because of Government's oppressive constitutional torts – its violations of the war, money, tax, privacy, immigration and other prohibitions and requirements of our Constitution.

The People have honorably Petitioned the political branches for Redress and have been repeatedly denied.  The People have honorably endured years of judicial Petitioning seeking a Declaration of their Rights. To this point, they have been repeatedly denied.  Even as these words are written, the government seeks, under color of law, to silence the People and shut down their Petition process, including the ability of the People to exhaust their judicial remedies in this case. The Government’s primary weapon in its assault on the People is the unconstitutional application of the otherwise constitutional internal revenue laws. 

Beyond this procedural juncture, there is no guarantee that the U.S. Supreme Court will even consider this historical controversy.  As such, this Court now bears the full burden of the Law. The Divine gift known as America hangs in the balance. 

The Right to Petition is the exercise of Popular Sovereignty. It is an expression of a fundamental force of Nature that, like Liberty itself, cannot not be long denied.  

As history teaches, we will choose to either rise as Free men and women and come together peacefully under the Rule of Law, regardless of the degree of difficulty, to keep Government within the boundaries drawn around its power by the People, or we wander into a quagmire of governmental tyranny and suffer the chaos that accompanies the tension and upheavals that are the consequence of Nature violated.  

Many people have already paid the ultimate price for this answer, many continue to exhibit the courage of their convictions.  

The Court of Appeals now faces a most solemn duty: to issue a judicial declaration establishing whether the Government is indeed, a servant Government that can be held accountable by the People’s Petitions for Redress of Grievances highlighting constitutional torts.  

We pray that the Judges of this Court will each reflect deeply within their hearts on these matters, and like the Plaintiffs -- and all those that have ever been summoned to defend our Constitution, to call upon the Creator for the spiritual guidance, strength of character and moral integrity needed to stand against those who seek to forever deprive the Divine Blessings of Freedom and the Light of Liberty to the Peoples of this nation, and of the Earth.  

"Those who make peaceful change impossible will make violent revolution inevitable."
-- John F. Kennedy

"Fiat justitia et ruant coeli" -- Let justice be done though the heavens fall.


Day of Prayer and Fasting:  July 1st

On July 1st, from the moment I rise until the moment my head again comes to rest on my pillow, I will, from time to time, remove a sheet of paper from my pocket, open it to the list of Judges of the DC Circuit, slowly descend the list to read each name and pray that my Creator will open the mind of the Judge to the intent of the Framers and Ratifiers as they added these most important words to the Constitution of the United States of America;

“Congress shall make no law…abridging…the Right of the People…
to Petition the Government for a Redress of Grievances.” 

To remind myself of my commitment to think and pray about the Judges and their solemn duty to protect and preserve the Constitution, I will not consume any food or beverage on July 1st.  

Please join me if you can.  

Respectfully yours,

Bob Schulz 


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