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Speaking To Power

October 24, 2007

This week, the We The People organization Petitioned the Judiciary of the United States, twice, on the Record, in what we believe is a historical, intellectually compelling defense of the Constitution and the People’s Right to hold the Government accountable to it.  

Intense in degree and quality, an ardent, passionate prayer for a Writ of Certiorari was filed in the Supreme Court of the United States in the landmark Right-to-Petition lawsuit, We The People v. United States.  

An equally forceful and cogent legal memorandum was filed in the United States Court of Appeals for the Second Circuit in United States v. We The People. (Links below)

We The People v. United States, is the historical case filed in the DC District Court in 2004, by nearly 2000 citizens representing all 50 states. The “declaratory judgment” action seeks a declaration by the Judicial branch regarding the collateral Rights of the People and the obligations of the Government under the Petition Clause of the First Amendment, i.e., what has been termed by this Foundation as the “Accountability” Clause: “Congress shall make no law…abridging…the right of the People … to Petition the Government for Redress of Grievances.”

Referred to by scholars as the “capstone” Right, the contemporary historical understanding and record of the Accountability Clause clearly shows its intended purpose is to maintain the carefully crafted balance of power between the People and the Government.

The following is the Question that is now before the United States Supreme Court: If “Congress shall make no law…abridging the freedom of speech, or of the press, or the right of the people to peaceably assemble, and to Petition the government for Redress of Grievances” (First Amendment), and if “The enumeration in the Constitution of certain Rights shall not be construed to deny or disparage others retained by the People” (Ninth Amendment) and if, “The Right of the People to be secure in their persons, houses, papers and effects, against unreasonable searches and seizures shall not be violated,”(Fourth Amendment) and if, “No person shall be…deprived of life, liberty, or property without Due Process of law….” (Fifth Amendment), and if the Constitution must be construed in its entirety, and if the Government has committed acts that have violated that Constitution, do Plaintiffs acting in their individual private capacities have a Right to an official response from Government to their Petitions for Redress of constitutional torts, and if Government refuses to respond to those Petitions, are the People not then free to retain their money until their Grievances are Redressed and, if the People do withdraw their financial support from the Government for that reason, is the Government not then prohibited from retaliating against those People by enforcing the internal revenue laws against those People via summonses, liens, levies and seizures, and prosecutions, and otherwise seeking to prevent those People from freely Speaking out and Associating with other People for the purposes of furthering public debate, altering the way the Government operates, and exposing and correcting those un-Constitutional acts?  In December, if all goes according to schedule, the Supreme Court will announce if it has decided to hear the case. 

United States v. We The People is the lawsuit filed in April 2007 by the Government against Bob Schulz and the We The People organization in the U.S. District Court for the Northern District of New York. This civil injunction action seeks to prevent Schulz and the We The People organization from freely distributing the so-called, “Blue Folder.”

The folder contains information relating to the legality of the institutionalized practice of the Government in forcing entities to withhold pay from workers and to divert that pay to the Government. The Blue Folder was first served on the Government by Schulz as a Petition for Redress of the Grievance, with a Notice that unless the Government responded by denying any of the statements contained within the Folder, WTP would freely distribute it to workers and company officials.

The Government did not respond, notwithstanding its duty to do so.

In the Spring of 2003, considering the Government’s silence to be admission, the Foundation distributed thousands of copies of the Folder for free at dozens of meetings across America, and the information was posted on the website for free download.

Four years later the Government brought the action in spite of the numerous, explicit protections afforded by the Speech, Press, Assembly and Petition Clauses of the First Amendment and despite the fact that no reasonable person could properly characterize the political Speech contained within the Blue Folder as a commercial, "abusive tax shelter."

With these two lawsuits, the federal Judicial department is now poised, for the first time in history, to recognize and declare the original intent and purpose of the power of the People embodied in the political clauses of the First Amendment, specifically the protections afforded to the People when claiming, exercising and enforcing the Right to Petition: “Congress shall make no law…abridging the freedom of Speech, or of the Press, or of the Right of the People to peaceably Assemble and to Petition the Government for Redress of Grievances”. 

People who have been following the continuing struggles for Liberty have a keen appreciation of the patient’s current health. The sad truth is, should the Judiciary fail to administer the Founding Principles and Grand Rights to a resolution of the questions presented to the Courts in these two lawsuits our Republic will surely succumb to the twin cancers of tyranny and despotism. 

With regard to our First Amendment, first impression, questions now before the Courts, there really is, and can be, no "middle ground" under our system of self-government and Popular Sovereignty. Either the People are Free or they are not. Either the Government is a servant government, beholden to the People and constrained in its authority to act by the written word of the Constitution and Bill of Rights, or it is the Master of our house -- the United States of America. 

Let us pray that the federal Judiciary, although potentially biased and prejudiced because of its inherent conflict of interest, will rise above the temptations of politicization and fear of Ordered Liberty, to stand soundly for the protection and preservation of the unalienable Rights of Men, as endowed by their Creator.

So much is at stake. We hope you will invest the personal time to study the two legal memorandums and urge others to read them as well.  We stand upon a great moment of history.  The People need to know and understand the gravity of the issues now pending before the Judiciary. 

Any and all comments and suggestions are welcomed, Click Here.

Read the Petition for Writ of Certiorari to the U.S. Supreme Court (We The People v U.S.) and the Appendix

Read the Appeal to the 2nd Circuit Court of Appeals: (U.S. v We The People)


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