By Order of the United States Court of Appeals for the District of Columbia Circuit, Bob Schulz, representing himself, and Mark Lane, attorney for the other 1700 named Plaintiffs, have been directed to file their legal Briefs by February 22, 2006.
The governments attorneys have been directed to file their responsive Briefs by March 24, 2006. Schulz and Lane have been directed to file their Reply Briefs by April 7, 2006. Oral arguments will then be scheduled and heard by a panel of three judges.
The single issue on appeal is whether the People can use the Petition Clause of the First Amendment to hold the government accountable for the protection of their Individual Rights as guaranteed by the Constitution of the United States of America.
The constitutional question before the Court is: Whether the government is required to respond with specific answers to the questions contained in the Plaintiffs Petitions for Redress of Grievances and whether the People can retain their money until their grievances are redressed.
We dont believe we need to remind people of the importance of this case. No court has ever been asked to, nor has any U.S. court ever declared the meaning of the Petition Clause of the First Amendment.
It is our argument that by capping the First Amendment with a guarantee of our natural Right to Petition the government for Redress of Grievances, the Founders deliberately meant to provide the people with the means to enforce all their Rights. The Founders knew that any Right that is not enforceable is not a Right. The Founders knew that the Constitution was all well and good, but without a provision that specifically provided the People with the means to hold the government accountable to all of its provisions, the Republic would someday fail as the government seized power from the People a slice at a time.
It is our argument that the government is obligated to respond to the Peoples Petitions for Redress, and if it does not respond then the People have the Right to retain their money until their grievances are Redressed.
It is our argument that there is no other non-violent way to hold the government accountable.
It is our argument that the Petition Clause of the First Amendment is the articulation of Popular Sovereignty.
As the People prevail in this case, the ultimate power will shift from the government back to the People (where it was meant to rest in the first place).
Thus far, the governments position (including that of the lower courts Judge Emmet Sullivan) is that the government does not have to listen or respond to the People.
For your education and review, we have prepared a summary of the pleadings that took place before Judge Sullivan in the lower court, and our analysis of Judge Sullivans decision.
Please note that it is now time to pay our outstanding balance to Mark Lane. We still owe Mark $85,000. We have paid him $235,000 to date. Please send your donation as soon as possible. Thank you.
Remember How It Started
How many of you remember the events of July 19, 2004?
That was the day the people filed the Right To Petition lawsuit against the U.S. Government.
That was the day more than 500 of us gathered at the National Press Club from 9 a.m. to 12:30 p.m., for the lawsuit kick-off event that was broadcast to the nation, live, on C-SPAN. The speakers were Bob Schulz, Mark Lane, Charlie Beall, Phil Hart and three former IRS agents.
That was the day the City of Washington DC closed down Constitution Ave and Pennsylvania Ave., as we marched from the National Press Club to the District Court for the United States, stopping in front of the buildings that house the Department of Justice and the Internal Revenue Service as Bob Schulz, Joe Banister, John Turner and others served each agency with a copy of the lawsuit.
That was the day we filed the landmark Right To Petition lawsuit, to test the attitude of the Judiciary regarding our Right to receive a response to our Petitions for Redress and our Right to retain our money if the servant government fails to respond.
That day, July 19, 2004, was an historic day that marked the beginning of the Peoples efforts to peacefully restore Constitutional Order by exercising the capstone Right that until now, had long faded from the consciousness of We the People.
Thanks to the skill and dedication of one of our supporters, the highlights of the July 19th, 2004 event at the National Press Club and the march through downtown Washington have been edited and splendidly recorded on a one-hour DVD.
This Right-to-Petition DVD will be shown at each of the upcoming regional meetings beginning in Tucson on January 28, 2006.