www.GiveMeLiberty.org
Click to
READ to
more Petitions Click to
SIGN the
Petitions
Click for the
printable version (.pdf) of this Petition
PETITION FOR REDRESS OF GRIEVANCES
RELATING TO THE "WAR ON TERRORISM"
WHEREAS, on November 8th, 2002, every member of United States Congress
in the House of Representatives and Senate and the President were
served with a Petition for Redress of Grievances regarding the
Constitutional abuses arising from the USA Patriot Act and the "War on
Terrorism", and
WHEREAS, such Petition for Redress was
subsequently ignored, and
WHEREAS, During October, 2001, the U.S. Congress passed and the
President signed the U.S.A. Patriot Act (Uniting and Strengthening
America by Providing Appropriate Tools Required to Intercept and
Obstruct Terrorism), and
WHEREAS, The U.S.A. Patriot Act was voted on by men and women
engulfed in a terrifying atmosphere of shock, fear, mass media hysteria
and anthrax mailings, and
WHEREAS, It has been acknowledged by some members of Congress that
most congressmen were pressured to vote for, but never bothered to read
the 324-page Act before voting on it, and
WHEREAS, on August 9,
2007, the United States Court of Appeals for the District of Columbia
Circuit erred, in relying on two inapposite decisions by the Supreme
Court of the United States and holding that the Government does not have
to listen or respond to Petitions for Redress of Grievances from the
People, and
WHEREAS, on February
22, 2008, the Supreme Court of the United States committed treason to
the Constitution by refusing to hear the First Amendment case, We The
People v. United States (case No. 07-681), calling for a judicial
declaration - for the first time in history - of the Rights of
the People and the obligations of the Government under the
“accountability clause” of the Constitution – that is, the last ten
words of the First Amendment.
WHEREAS, all men are created equal and are
endowed by their "Creator" with certain unalienable rights, and
WHEREAS, if the Creator has, in fact,
gratuitously provided, equipped and enriched the People with Rights, it
follows that those Rights belong to the People and to the Creator,
and it follows that any affront to the Constitution (as when government
violates an unalienable Right) is an affront to the Creator, and
WHEREAS, if our Rights come from the
Creator, only the Creator can frustrate,
deny or defeat those Rights -- that is, government cannot abridge what
God alone has manifest and bestowed upon the People, and
WHEREAS, the Constitution of the United
States of America is a strongly worded,
Divinely inspired, set of principles
expressly intended to govern the government, not the People, and
WHEREAS, by the terms and provisions of
the written Constitution, the People have expressly established their
government and empowered it to act in only certain ways, while purposely
and patently restricting and prohibiting it in other certain ways, and
WHEREAS, the Constitution of the United
States of America guarantees to every American citizen and to those
lawfully on our soil, the unalienable Rights to Life, Liberty, Property,
Privacy and to Due Process of Law as well as other Rights, enumerated or
not, and
WHEREAS, the Constitution prohibits and
restricts the federal Government from infringing upon those Rights, and
WHEREAS, each of the Constitution’s
prohibitions and restrictions on government’s authority is, in fact,
another unalienable Right enjoyed by every American citizen and to those
individuals lawfully upon our soil, and
WHEREAS, the People of this nation are entitled, by Right,
particularly in times of national distress, to be free from a Government
- that under the guise of protection, inflicts Constitutional abuse
through acts of legislation such as the USA Patriot Act, as well as the
protection of their other Constitutionally protected unalienable Rights,
Now therefore:
WE THE PEOPLE, hereby Petition the Executive and Legislative
Branches of the federal Government, yet again, for Redress of
Grievances relating to the so-called "War on Terrorism".
WE THE PEOPLE
find ourselves, once again, in the position of having to admit that in
every stage of our oppression we have Petitioned for Redress in the most
humble terms, our repeated Petitions have been answered only by repeated
injury, and that a Government that ignores its People is unfit to be the
ruler of a free People.
WE THE PEOPLE, by and through the
unalienable Right guaranteed by First and Ninth Amendments to the
Constitution of the United States of America, instruct the President
and each member of Congress to honor their oaths of office and their
constitutional obligation by responding to this Petition for Redress,
providing formal, specific answers to the questions contained herein,
no later than (40) forty days reckoning from the date of service of
this Petition for Redress.
WE THE PEOPLE reaffirm the essential principle underlying our
system of governance, as expressed by the Founders, “whenever the ends
of government are perverted, and public liberty manifestly endangered,
and all other means of redress are ineffectual, the people may, and of
right ought to reform the old, or establish a new government, for the
doctrine of nonresistance against arbitrary power, and oppression, is
absurd, slavish, and destructive of the good and happiness of mankind.”
See Declaration of Independence and the New Hampshire Constitution,
Article 10.
WE THE PEOPLE reaffirm the
essential principle underlying our system of governance, as expressed by
the Founders, that “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” and “how efficacious its [the privilege of giving or
withholding our money] intercession for redress of grievances and
establishment of rights, and how improvident would be the surrender of
so powerful a mediator.” (Journals of the Continental Congress,
1:105-113 and Jefferson’s papers 1:225).
WE THE
PEOPLE
instruct the President and each member of Congress to respond to this
Petition by providing formal, specific answers to the following
questions
1. |
Do you admit that under Section 112 of the USA
Patriot Act, a "suspected terrorist" needs only to be "certified" by
the Attorney General on "reasonable grounds" that he "believes"
someone to be engaged in terrorist activities? |
|
|
2. |
Do you admit that Section 802 of the USA Patriot
Act does not define an act of terrorism by the characteristics of
the actors or the nature of the acts? |
|
|
3. |
Do you admit that Section 802 of the USA Patriot
Act defines an act of terrorism as an act "calculated to influence
or affect the conduct of government by intimidation or coercion or
to retaliate against government conduct"? |
|
|
4. |
Do you admit that under Section 802 of the USA
Patriot Act, the definition of terrorist is broad enough to sweep up
citizens who engage in hunger strikes and other forms of non-violent
demonstrations to force the government to respond to their petitions
for redress? |
|
|
5. |
Do you admit that under Section 803 of the USA
Patriot Act, the act of giving food or shelter to a friend who may
have been involved in any of these acts could, in turn, brand a
person as a "terrorist" as well? |
|
|
6. |
Do you admit that under Section 213 of the USA
Patriot Act, government purportedly has the right to go into a
citizen’s home while that person is away, copy the content of the
person’s computer hard drive and files, gather and take any
information or items they please without ever serving a citizen
notice of such search or seizure since, "the execution of a warrant
may have adverse effect"? |
|
|
7. |
Do you admit that Section 213 of the USA Patriot
Act authorizes government to issue a warrant based on "reasonable
cause," rather than the constitutionally mandated "probable
cause?" |
|
|
8. |
Do you admit that under Section 218 of the USA
Patriot Act, the standards for foreign intelligence collection under
the Foreign Intelligence Surveillance Act (FISA) were radically
altered? |
|
|
9. |
Do you admit that the standards for foreign
intelligence collection traditionally meant that when a federal
officer went to the FISA court or designated judge for an order of
electronic surveillance under the FISA which may involve
communications of a United States person, the application requires
not only the approval of the Attorney General, based upon his
finding that it satisfies strict criteria and requirements, but also
a certification by the Assistant to the President for National
Security Affairs or a designated senior executive branch official
that, among other things, "the purpose" of the surveillance is to
obtain foreign intelligence information? |
|
|
10. |
Do you admit that Section 218 of the USA Patriot
Act permits surveillance if intelligence gathering is a "significant
purpose" (as opposed to "the purpose") of the government’s
contemplated action? |
|
|
11. |
Do you admit that this wording change effectively
allows intelligence to be used by both law enforcement and
intelligence agencies, blurring the distinction between domestic law
enforcement and foreign intelligence operations? |
|
|
12. |
Do you admit that this wording change would allow
the National Security Agency to become an arm of domestic law
enforcement? |
|
|
13. |
Do you admit that Sections 216, 217 and 218 of
the USA Patriot Act allow for unrestricted wiretapping, the tracing
and spying on email messages and internet activities on anyone
anywhere in the USA without the need to obtain a court order as long
as "the information likely to be obtained … is relevant to an
ongoing criminal investigation?" |
|
|
14. |
Do you admit that USA Patriot Act infringes on
and erodes traditional due process safeguards and relies heavily on
detention in the immigration context? |
|
|
15. |
Do you admit that the USA Patriot Act relies
heavily on mandatory detention, depriving individuals of their
liberty and significantly impacting their ability to secure and
maintain working relationships with counsel? |
|
|
16. |
Do you admit that the USA Patriot Act and Justice
Department rule changes since September 11 permits a prolonged
detention of immigration detainees before charges are
initiated, continued mandatory detention without bond or a custody
hearing after charges have been filed (even when charges are not
based on security grounds), and an automatic stay of release when an
immigration judge or the Board of Immigration Appeals disagrees with
the INS and sets a bond? |
|
|
17. |
Do you admit that under Section 236A of the USA
Patriot Act (at the Attorney General’s discretion), no court shall
have jurisdiction to review, by habeas corpus, petition, or
otherwise, any such action or decision? |
|
|
18. |
Do you admit that under the USA Patriot Act,
detainees will not have access to legal counsel with security
clearances? |
|
|
19. |
Do you admit that under the USA Patriot Act,
detainees will not be able to meet privately with their legal
counsel? |
|
|
20. |
Do you admit that the USA Patriot Act and Justice
Department rule changes since September 11 allow for the secret,
incommunicado nature of detentions, closed hearings and a lack of
access to attorneys and family members? |
|
|
21. |
Do you admit that on October 11, 2001, the
Justice Department issued a rule announcing that communications of
certain federal prisoners would be monitored? |
|
|
22. |
Do you admit that the USA Patriot Act and Justice
Department rule changes since September 11 seriously impair the
ability of attorneys to carry out their constitutional role under
the 5th and 6th Amendments of providing
effective counsel to their clients and will unduly limit the
1st Amendment rights of detainees to confer in confidence
with their attorneys? |
|
|
23. |
Do you admit that the USA Patriot Act and Justice
Department rule changes since September 11 demonstrate a willingness
on the part of the government to suspend the due process rights our
Constitution guarantees, with no prior judicial approval and with no
grounds other than "reasonable suspicion"? |
|
|
24. |
Do you admit that the USA Patriot Act and Justice
Department rule changes since September 11 demonstrate a willingness
on the part of the government to eavesdrop on conversations between
lawyers and their clients, including men, women and children who
have never been charged with a crime? |
|
|
25. |
Do you admit that the President’s November 11,
2001 executive order on military commissions for trying unlawful
combatants is the equivalent of the Taliban’s secret Star
Chambers? |
|
|
26. |
Do you admit that the President’s November 11,
2001 executive order on military commissions could apply to any
non-citizen or resident alien who may have a tenuous (alleged) link
to acts of terrorism? |
|
|
27. |
Do you admit that the President’s November 11,
2001 executive order on military commissions allows for secret
proceedings? |
|
|
28. |
Do you admit that the President’s November 11,
2001 executive order on military commissions authorizes a lower
standard of proof requirement than military courts, with only a 2/3
verdict necessary for the death sentence? |
|
|
29. |
Do you admit that under the President’s November
11, 2001 executive order on military commissions habeas corpus may
not apply? |
|
|
30. |
Do you admit that the President’s November 11,
2001 executive order on military commissions stands to undermine the
stature of the United States as the leader of the free world in
ensuring fair and just tribunals for trials? |
|
|
31. |
Do you admit that under the President’s November
11, 2001 executive order, and the Defense Department’s
implementation procedures, military commissions could apply to U.S.
citizens and to those lawfully present in the United
States? |
|
|
32. |
Do you admit that under the President’s November
11, 2001 executive order on military commissions, and the Defense
Department’s implementation procedures, detention could be set for
an indefinite period of time? |
|
|
33. |
Do you admit that under the President’s November
11, 2001 executive order on military commissions, and the Defense
Department’s implementation procedures, habeas corpus rights could
be suspended? |
|
|
34. |
Do you admit that under the President’s November
11, 2001 executive order on military commissions, and the Defense
Department’s implementation procedures, there would be a lack of an
appeal to an independent appellate body with the right to certiorari
review by the US Supreme Court? |
|
|
35. |
Do you admit that under the U.S. Patriot Act,
government may monitor religious and political institutions, without
suspecting criminal activity, to assist terror
investigations? |
|
|
36. |
Do you admit that under the U.S. Patriot Act,
government has closed once-public immigration hearings, has secretly
detained hundreds of people without charges, and has encouraged
bureaucrats to resist public records requests? |
|
|
37. |
Do you admit that under the U.S. Patriot Act,
government may prosecute librarians or keepers of any other records
if they tell anyone that the government subpoenaed information
related to a terror investigation? |
|
|
38. |
Do you admit that under the U.S. Patriot Act,
government may monitor federal prison jailhouse conversations
between attorneys and clients, and deny lawyers to Americans accused
of crimes? |
|
|
39. |
Do you admit that under the U.S. Patriot Act,
government may search and seize Americans’ papers and effects
without probable cause to assist terror investigations? |
|
|
40. |
Do you admit that under the U.S. Patriot Act,
Government may jail Americans indefinitely without a
trial? |
|
|
41. |
Do you admit that under the U.S. Patriot Act,
Americans may be jailed without being charged or being able to
confront witnesses against them? |
|
|
42. |
Do you
admit that the Founders, in the 1774 Journals of the Continental
Congress, expressly articulated the following?
“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.”
1774, Journals of the Continental Congress,1:105-113 [emphasis
added] |
|
|
43. |
Do you
admit that one of the most precious Rights the People enjoy is a
government strictly limited by written Laws and that where Law is
found to be wanting, no man can be Free? |
Respectfully submitted this
______ day of ___________________ , 200___
by:
First Name |
Last Name |
City |
State |
|
|
|
|
__________________ |
__________________ |
___________________ |
_____________ |
Updated March, 2008
Click here to READ more Petitions
Click Here to
SIGN
the Petitions
www.GiveMeLiberty.org | |