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PETITION FOR REDRESS OF GRIEVANCES
RELATING TO THE APPLICATION OF THE
ARMED FORCES OF THE UNITED STATES
IN HOSTILITIES IN IRAQ WITHOUT
A CONGRESSIONAL DECLARATION OF
WAR
WHEREAS, on November 8th, 2002, months prior to the United States
invasion of the sovereign nation of Iraq, every member of United States
Congress in the House of Representatives and Senate, the President and
other officials, were served with a Petition for Redress of Grievances
regarding the Application of the Armed Forces of the United States in
Hostilities in Iraq Without a Congressional Declaration of War, and
WHEREAS, such Petition for Redress was
subsequently ignored, and
WHEREAS, during September, 2002, the President of the United States
of America submitted a draft Resolution to the United States Congress
that would authorize the President to apply the armed forces of the
United States of America in hostilities in Iraq without a congressional
Declaration of War, and
WHEREAS, The People, through their Constitution, have prohibited the
government from applying the armed forces of the United States of
America in hostilities overseas without a Congressional declaration of
war, and
WHEREAS, The People have granted to Congress alone the
authority to declare war against a foreign nation, and
WHEREAS, The Constitution does not give Congress the authority to
delegate control over its war declaration power to the President, 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, to a
formal Congressional Declaration of War, following rigorous public
debate and dutiful weighing of the facts and circumstances before
committing this nation's resources, honor and blood to War,
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 Iraq War and other undeclared wars.
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 the War Powers Clauses of the
United States Constitution provides Congress with the power to
"define and punish…offenses against the Law of Nations" (U.S.
Constitution, Art. 1, § 8, cl.10), and the power to "declare War . .
. ." (U.S. Constitution, Art. I, § 8, cl. 11), and the power to
"make rules for the government and regulation of the [armed forces
of the United States]" (U.S. Constitution, Art. I, § 8, cl. 14), and
the power to "provide for the calling forth of the [National Guard
and National Guard Reserve]…." (U.S. Constitution, Art. I, § 8, cl.
15), and the power to "provide for…governing such part of the
[National Guard and National Guard Reserve]…." (U.S. Constitution,
Art. 1, § 8, cl. 16)? |
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| 2. |
Do you admit that Congress’ power to declare war
works in conjunction with the authority granted to the President
under the Constitution to act as "Commander in Chief of the Army and
Navy of the United States, and of the Militia of the several States,
when called into the actual Service of the United States." (U.S.
Constitution, Art. II, § 2, cl. 1)? |
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| 3. |
Do you admit the Framers intended to give each of
the two branches a role in the conduct of foreign military affairs,
that is, that Congress would declare war and raise and financially
maintain armies, while the President would conduct wars? |
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| 4. |
Do you admit that in 1973, over President Richard
Nixon’s veto, Congress passed the War Powers Resolution, (50 U.S.C.
§ 1541, et. seq.), in order to "fulfill the intent of the
framers of the Constitution of the United States and insure that the
collective judgment of both the Congress and the President will
apply to the introduction of United States Armed Forces into
hostilities, or into situations where imminent involvement in
hostilities is clearly indicated by the circumstances, and to the
continued use of such forces in hostilities or in such
situations?"[See 50 U.S.C. § 1541(a)] |
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| 5. |
Do you admit that the purpose of the resolution
was to ensure that the "constitutional powers of the President as
Commander-in-Chief to introduce United States Armed Forces into
hostilities, or into situations where imminent involvement in
hostilities is clearly indicated by the circumstances, are exercised
only pursuant to (1) a declaration of war, (2) specific statutory
authorization, or (3) a national emergency created by attack upon
the United States, its territories or possessions, or its armed
forces?" [See 50 U.S.C. § 1541(c)] |
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| 6. |
Do you admit that War Powers Resolution 50 U.S.C.
§1541 et.seq., delegates to some future President, under any unknown
circumstances, the power to introduce the United States armed forces
into hostilities (war) against a sovereign nation, even those which
offer no threat to the United States, its allies, or to any other
nation, for a period of sixty days or more, without a
declaration of war by Congress and without specific statutory
authorization? |
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| 7. |
Do you admit that the War Powers Resolution
provides, inter alia, that "[i]n the absence of a
declaration of war, in any case in which United States Armed
Forces are introduced (1) into hostilities or into situations where
imminent involvement in hostilities is clearly indicated by the
circumstances; (2) into the territory, airspace or waters of a
foreign nation while equipped for combat, except for deployments
which relate solely to supply, replacement, repair, or training of
such forces; or (3) in numbers which substantially enlarge United
States Armed Forces equipped for combat already located in a foreign
nation; the President shall submit within 48 hours to the Speaker of
the House of Representatives and to the President pro tempore
of the Senate a written report setting forth the circumstances
necessitating the introduction of forces, the constitutional and
legislative authority to introduce the forces and the estimated
scope and duration of the hostilities or involvement." 50 U.S.C. §
1543(a)? (our emphasis). |
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| 8. |
Do you admit that in violation of said War Powers
clauses, the War Powers Resolution of 1973 delegates to some future
President, under any unknown circumstances, and without a
declaration of war by Congress, and without specific statutory
authorization, the power to define and punish "offenses" by a
sovereign nation, by introducing the United States armed forces into
hostilities (war) against that sovereign nation, even though that
sovereign nation may offer no threat to the United States, its
allies or to any other nation? |
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| 9. |
Do you admit that 50 U.S.C. § 1544(b) requires
that within sixty calendar days after the President either submits a
report pursuant to Section 1543(a) or is required to have submitted
a report, the President must terminate the use of the United States
Armed Forces described in Section 1543 unless Congress (1) has
declared war or has provided specific authorization for the use of
such forces, (2) has extended by law the sixty-day time period, or
(3) is physically unable to meet as a result of an armed attack on
the United States? |
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| 10. |
Do you admit that 50 U.S.C. § 1544(b) authorizes
the President to extend the sixty-day period an additional thirty
days if he determines and certifies in writing to the Congress that
the continued use of forces for the additional time is necessary to
safely remove the United States Armed Forces? |
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| 11. |
Do you admit that 50 U.S.C. §§ 1545, 1546, 1546a
(The War Powers Resolution) also sets forth a mechanism so that both
houses of Congress are required to give priority consideration to
any resolution or bill that would provide the President with the
authorization described above? |
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| 12. |
Do you admit that the War Powers Resolution, 50
U.S.C. §1541 et.seq., does not indicate what is to happen if the
President ignores the sixty-day requirement, as President Clinton
did with respect to his military campaign against Yugoslavia? |
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| 13. |
Do you admit that the War Powers Resolution, 50
U.S.C. § 1547(a), explicitly provides that authority to introduce
forces into hostilities shall not be inferred "from any provision of
law . . . including any provision contained in any appropriations
Act, unless such provision specifically authorizes the introduction
of United States Armed Forces into hostilities or into such
situations and states that it is intended to constitute
specific statutory authorization within the meaning of [the War
Powers Resolution]," or "from any treaty . . . unless such treaty is
implemented by legislation specifically authorizing the introduction
of United States Armed Forces into hostilities or into such
situations and stating that it is intended to constitute specific statutory authorization within the meaning of
[the War Powers Resolution]"? |
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| 14. |
Do you admit that War Powers Resolution 50 U.S.C.
§1541 et.seq., is violative of the War Powers Clauses: Article I,
Section 8, clauses 10, 11, 14, 15 and 16 of the U.S.
Constitution? |
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| 15. |
Do you admit that during September, 2002, the
President submitted a draft Resolution to Congress that would
authorize the President to apply the armed forces of the United
States of America in hostilities in Iraq and the region around
Iraq? |
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| 16. |
Do you admit that the draft Resolution the
President submitted to Congress in September, 2002, regarding the
application of the armed forces of the United States against Iraq,
would, if passed by Congress, represent an unconstitutional
delegation by the Congress to the Executive of the War Powers
reserved to Congress by Article 1, § 8, clauses 10, 11, 14, 15 and
16 of the U.S. Constitution, and a significant and substantial
violation of the most fundamental constitutional principle of
"separation of power"? |
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| 17. |
Do you admit that any agreement, contract or
treaty with the United Nations does not give Congress the authority
to delegate control over its war declaration power to the
President? |
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| 18. |
Do you admit that the U.S. Supreme Court has held
that, "It would be manifestly contrary to the objectives of those
who created the Constitution...let alone alien to our entire
constitutional history and tradition to construe Article VI (The
Supremacy Clause) as permitting the United States to exercise power
under an international agreement without observing constitutional
prohibitions. In effect, such construction would permit amendment of
that document in a manner not sanctioned by Article V."? REID V.
COVERT, 354 U.S. (1956) |
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| 19. |
Do you admit that the Congress does not stand
beside the People or the Judiciary as a co-interpreter of the
fundamental law, particularly when it comes to consideration of
restraints on Congressional power? |
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| 20. |
Do you admit that that Congress and the Executive
may not collude to evade any Clause of the Constitution? |
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| 21. |
Do you admit that the People cannot close their
eyes to the Constitution and see only the acts of the President and
the Congress? |
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| 22. |
Do you admit that said draft Resolution calls
upon Congress to collude with the President in a collective decision
to apply the armed forces of America against the sovereign nation of
Iraq, unconstitutionally, and to deliberately choose, by
their official actions, to allow for the collapse of fundamental
republican principles and with it the rule of law? |
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| 23. |
Do you admit that said draft Resolution calls
upon Congress to collude with the President in a collective decision
to deny us and other citizens our unalienable right to freedom from
a government that applies the armed forces of America in hostilities
overseas without a declaration of war by Congress? |
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| 24. |
Do you
admit that on March 20, 2003, President George W. Bush committed the
armed forces of the United States into hostilities in Iraq without a
congressional Declaration of War as required by the Constitution? |
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| 25. |
Do you
admit that on October 7, 2001, President George W. Bush committed
the armed forces of the United States into hostilities in
Afghanistan without a congressional Declaration of War as required
by the Constitution? |
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| 26. |
Do you
admit that on October 3, 2002, during the House debate over said
Iraq Resolution, Rep. Henry Hyde, Chairman of the House Committee on
Foreign Relations, stated - in specific reference to the
Constitutional requirement for a congressional Declaration of War,
“There are things in the Constitution that have been overtaken by
events, by time. There are things that are no longer relevant to a
modern society— things that are inappropriate, anachronistic"? |
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| 27. |
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] |
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| 28. |
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 |
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| __________________ |
__________________ |
__________________ |
_____________ |
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Updated March, 2008
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