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We the People Foundation for Constitutional Education

We the People Foundation for Constitutional Education. Dark Days in America: The People’s Right to Hold Government Accountable to the Constitution Under Attack. The Story of We The People Foundation for Constitutional Education and its tens of thousands of members and supporters

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We the People Foundation for Constitutional Education

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  1. We the People Foundation for Constitutional Education Dark Days in America: The People’s Right to Hold Government Accountable to the Constitution Under Attack The Story of We The People Foundation for Constitutional Education and its tens of thousands of members and supporters The Right to Petition: Then and Now

  2. The First Amendment is the most important sentence in the Constitution. It not only guarantees our Right to think freely, it also guarantees our Right to hold the government accountable to the rest of the Constitution. Constitutional scholars refer to the last ten words of the First Amendment, “and to Petition the Government for a Redress of Grievances,” as the “Capstone Right” – i.e. the Right which “caps” all others. It is the most critical element in the overall balance of power between the People and their government officials, the ultimate check and balance. Before you can understand the seriousness of what you are about to learn, you need to understand the history of the Right to Petition. No Court has ever declared the meaning of those ten words. One must then look to their historical context and purpose for the meaning. Here are the principal historical facts.

  3. History: Right to Petition First Amendment, U.S. Constitution “Congress shall make no law respecting the establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the Right of the People peaceably to assemble, and to Petition the government for a redress of grievances.”

  4. History: Right to Petition1215 – Magna Carta, Section 61 “If we, our chief justice, our officials, or any of our servants offend in any respect against any man, or transgress any of the articles of the peace or of this security, and the offence is made known to four of the said twenty-five barons, they shall come to us - or in our absence from the kingdom to the chief justice - to declare it and claim immediate redress. If we, or in our absence abroad the chief justice, make no redress within forty days, reckoning from the day on which the offence was declared to us or to him, the four barons shall refer the matter to the rest of the twenty-five barons, who may distrain upon and assail us in every way possible, with the support of the whole community of the land, by seizing our castles, lands, possessions, or anything else saving only our own person and those of the queen and our children, until they have secured such redress as they have determined upon. Having secured the redress, they may then resume their normal obedience to us.”

  5. History: Right to Petition1774: Continental Congress - Articles of Association On September 30, 1774, Congress appointed a committee to come up with a plan by which all of the colonies would agree, in association, to impose economic sanctions by stopping exportation of goods from the colonies to Great Britain. On October 20, Congress adopted the Articles of Association, which reads in part: “To obtain redress of these grievances, which threaten destruction to the lives, liberty, and property of his majesty's subjects, in North America, we are of opinion, that a non-importation, non-consumption, and non-exportation agreement, faithfully adhered to, will prove the most speedy, effectual, and peaceable measure: and, therefore, we do, for ourselves, and the inhabitants of the several colonies, whom we represent, firmly agree and associate, under the sacred ties of virtue, honor and love of our country, as follows …” Source: Journals of the Continental Congress, 1774-1789, Volume 1.

  6. “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.” Source:Journals of the Continental Congress, Journal 1, pg 105-113 History: Right to Petition1774 – Continental Congress to the Inhabitants of Quebec

  7. History: Right to Petition1775 – Thomas Jefferson “The privilege of giving or withholding ourmoneys is an important barrier against the undue exertion of prerogative which if left altogether without control may be exercised to our great oppression; and all history shows how efficacious its intercession for redress of grievances and establishment of rights, and how improvident would be the surrender of so powerful a mediator." Source: Jefferson to British Prime Minister, Lord North. Papers 1:225

  8. History: Right to Petition1776 – The Declaration of Independence “In every stage of these Oppressions We have Petitioned for Redress in the most humble terms. Our repeated Petitions have been answered only by repeated injury. A Prince, whose character is thus marked by every act which may define a Tyrant, is thus unfit to be the ruler of a free people.”

  9. The Vestigial ConstitutionG. Mark, Fordham Law Review Bill of Rights as a Constitution A. Amar, Yale Law Journal How The Judiciary Stole The Right To Petition J. Wolfgram, UWLA Law Review Sovereign Immunity & The Right To PetitionJ. Pfander, Northwestern U. Law Review Neglected But AbsoluteN. Smith, U. of Cincinnati Law Review Court Access: A 1st Amend. ChallengeC.Andrews, Ohio State Law Journal Implications For Rule 11 SanctionsHarvard Law Review Petition & Access To The CourtC. Andrews, Ohio State Law Journal A Short History S. Higginson, Yale Law Journal Libelous Petitions E. Schnapper, Iowa Law Review History: Right to PetitionLaw Reviews and Journals

  10. History and the Founders Instruct Us: According to History and those who created our Charters of Freedom, when Government ignores any Principle, Prohibition, Restriction or Mandate of the Declaration of Independence or Constitution: “HOLD THEM ACCOUNTABLE:” “Claim and Exercise your Right to Petition the Government for a Redress of the violation. Declare it and Claim immediate Redress.” “Government IS OBLIGATED to respond.” “IF GOVERNMENT DOES NOT RESPOND:” “You have the RIGHT TO ENFORCE the Rights that have been violated, including the Right to retain your money until your Grievances are Redressed.”

  11. WE THE PEOPLE DEFEND THE CONSTITUTION: PETITIONS FOR REDRESS OF GRIEVANCES -VIOLATIONS OF WAR POWERS, MONEY, TAX AND PRIVACY CLAUSES 4/99WROW: Schulz interviews ex-IRS Agent; Decides to help him get answers to tax questions 7/99WTP Sponsored Tax Symposium Gov’t Invited-No Show; broadcast live on CSPAN 11/99WTP Sponsored Citizen Summit on Income Tax. Gov’t Invited-No Show 4/00 Tax Remonstrance:Gov’t agrees to attend 6/29 Tax Conference & answer Q’s 1995 1996 1997 1998 1999 2000 2001 2002 2003 6/00 Gov’t Backs Out of Conference WTP places Washington Times Centerfold Ad: “Dear Government, Why Won’t You Answer?” “Come to the Conference.” Open Invitation 9/00 WTP’s USA TODAY Ads begin: Questions and Testimonials by IRS Agents and Others 6/29/2000WTP SponsoredNational Tax Conference. Gov’t No Show VIOLATION Bombing of Kosovo Lawsuit by WTP VIOLATION Mexican PesoBailout Lawsuit by WTP

  12. WE THE PEOPLE DEFEND THE CONSTITUTION: PETITIONS FOR REDRESS OF GRIEVANCES - VIOLATIONS OF WAR POWERS, MONEY, TAX AND PRIVACY CLAUSES 2/01WTP SponsorsFourthNat’l Tax Conference – D.C.: Gov’t Invited, No Show 4/5/01WTP Blocked from Speaking at Senate Hearing on USA TodayAds 4/9/01WTP SponsorsRally at IRS HDQ: IRSCommissioner invited-No Show 4/17/01 USA TODAY: “No more WTP Tax Ads, Gov’t Pressure” 7/1/01 Schulz Hunger Fast Begins in D.C. 7/20/01 White House Intervenes, 20 day fast ends. IRS and DOJ Agree to Answer Questions at two-day, Truth-in-Taxation Hearing on Capitol Hill – Sept 25/26 2001 2003 2002 9/12 Truth-in-taxation Hearing Rescheduled for February 27/28, 2002 due to Events on 9/11

  13. WE THE PEOPLE DEFEND THE CONSTITUTION: PETITIONS FOR REDRESS OF GRIEVANCES - VIOLATIONS OF WAR POWERS, MONEY, TAX AND PRIVACY CLAUSES OF THE CONSTITUTION. 2/02 WTP Sponsors Citizens’ Truth-in-Taxation Hearing in D.C.: Gov’t No Show, Tax Experts Answer Questions that Gov’t would not answer, under Oath. 3/02 Congressman Bartlett Carries the People’s Tax Petition for Redress to DOJ and IRS. 4/02 DOJ & IRS Refuse to Respond 10/02Hearing on Iraq- Hyde calls Constitution “outdated” 11/08/02Four Petitions Served on the President, all members Congress, and Att’y Gen’l Iraq Resolution Federal Reserve System 11/14/02 WTP Sponsors Freedom Drive Rally on Nat’l mall. Gov’t No Show.“No Answers, No Taxes” becomesWTP’smantra U.S.A. Patriot Act Direct Tax on Labor VIOLATION Direct, Un-apportioned Tax on Labor 2002 VIOLATIONS

  14. WE THE PEOPLE DEFEND PEOPLE’S RIGHT TO DUE PROCESS 3/15/03Petition for Redress on Tax WITHHOLDINGserved on Gov’t-No response 4/03IRS Summons WTP’s Books & Records 5/03Schulz v. IRS – U.S. District Court, WTP Seeks Due Process Protection 2003 2005 2004 1/05Schulz I: WTP wins, U.S. Court of Appeals, 2nd Circuit: Grants Due Process Protection - IRS cannot have books/records without Court Order after Fair Hearing. IRS asks court to re-consider, saying decision hurts the tax collection process 6/05Schulz II: Court stands with WTP; denies IRS motion to reconsider VIOLATION Tax Withholding

  15. WE THE PEOPLE DEFEND THE CONSTITUTION: DARK DAYS FOR LIBERTY 7/04We The People v. United States filed in Federal Court -Two Questions asked: 1. Is Government obligated to respond to Petitions for Redress of Grievances? 2. Do People have Right to retain their money until Grievances are Redressed? 8/05 District Court Abuses Stare Decisis Doctrine in Decision: Relies on irrelevant cases – “Government can ignore Petitions for Redress; People cannot enforce their Rights by retaining their money.” 2004 2006 2005 10/06 U.S. Court of Appeals in D.C. hears oral arguments

  16. DARK DAYS IN AMERICAN HISTORY: COLLUSION, RATHER THAN CHECKS AND BALANCES 12/9/06 LEGISLATIVE BRANCH COLLUSION: Congressauthorizes Treasury Dept. to Prescribe List of “Frivolous Positions” & Punish Citizens who use “frivolous position” as a ground for retaining monies. Tax Relief and Health Care Act of 2006 3/15/07 EXECUTIVE BRANCH COLLUSION: Treasury Department prescribes List of “Frivolous Positions”- includes First Amendment Right to Petition regarding any violation of the Constitution. “Frivolous” positions also include all legitimate legal arguments challenging the ratification, enforcement and operation of the Internal Revenue Laws, as advanced, under Oath, with supporting evidence, by tax professionals during the Citizens’ Truth in Taxation Hearing. 2006 2008 2007 5/11/07 JUDICIAL BRANCH CONNIVANCE: Court of Appeals in D.C., seven months after oral arguments, decides to let abusive stare decisis decision stand, supporting actions by other branches, wiping out the People’s First Amendment Right to Petition.1/08 Supreme Court refuses to hear the “first impression” case. Lets Decision Stand.

  17. NOW, WITH CORRUPT, UNCONSTITUTIONAL LEGAL STRUCTURE IN PLACE GOVERNMENT MOVES TO SILENCE THE PEOPLE Phase I: Converting a Constitutional Right to a Crime 5/07U.S. v. We The People:Because of WTP’s 2003 Witholding Petition (blue folder),IRS serves lawsuit on WTPC with preposterous trumped-up charge of “promoting an abusive tax shelter” (also directed against other Tax Honesty Movement individuals/organizations). IRSseeksCourt Order to stop WTPfromcertain “specified conduct” (distributing Petition to citizens) made illegal by Tax Laws. 2007 2008 2/22/08 Court of Appeals affirms “for substantially the reasons set forth in the District Court’s decision.” SCOTUS refuses to hear case. 8/15/07 U.S. District Court grants IRS Motion for immediate decision without consideration of Right to Petition, without a hearing on material facts in genuine dispute, without strict scrutiny review of Right to Free Speech. Evidence is sent back to WTPF without consideration. WTPF is ordered to remove Petition from website, stop distribution and provide names of those who had received Withholding Petition. Schulz held in contempt, threatening heavy fines and coercive incarceration if he does not turn over names.

  18. GOVERNMENT MOVES TO SILENCE WE THE PEOPLE Phase II P GOVERNMENT MOVES TO SILENCE THE PEOPLE PHASE II: Arbitrary and Capricious Tactics by IRS V 2010 2008 2009 12/30/08 Despite exemplary audit of WTPF and WTPC’s compliance, files and records, with decision against WTP in Blue Folder case in hand, IRS revokes Exempt Status of WTPF and WTPC retroactive to 2003, converts not for profit tax returns for 2003 to for profit returns, grossly inflates revenue for 2003; applies maximum tax rate, assesses tax, applies interest and penalties from 2003 and issues Notice of Deficiency. 2/16/10 WTP was not aware of the Notice of Deficiency until February 2010. Since then, the organization has been exhausting its administrative remedies, which it must do before it can challenge, in Court, the revocation, assessment, liens and Notice of Intent to Levy.

  19. SUMMARY : THE PEOPLE ATTEMPT TO HOLD THE GOVERNMENT ACCOUNTABLE THE GOVERNMENT CLAMPS DOWN 12/9/06 LEGISLATIVE BRANCH TAX RELIEF AND HEALTH CARE ACT – Section 407:Authorizes Treasury to define legal positions that cannot be used as reasons for retaining money, and to fine violators. 5/8/07 JUDICIAL BRANCH:Gov’t does not have to respond to People’s Petitions for Redress; People cannot retain their money until Grievances are redressed. 3/15/07 EXECUTIVE BRANCH Notice 2007-30:Treasury includes Right to Petition for Redress on list of legal positions that cannot be used as reason for retaining money. 2007 2007-2008 2009 2003-2005 1995-2003 2004-2008 T R E A S O N 1/09 Gov’t penalizes WTP 5/07 U.S. v We The People (Blue Folder) PETITIONS Mexican Peso Kosovo Bombing Iraq Resolution Federal Reserve Patriot Act Income Tax Tax Withholding We The People v. IRS We The People v. United States Questions: 1.Gov’t Obligated to Respond? 2.Do People have Right of Enforcement?

  20. DUTY-BOUND: WE THE PEOPLE CONTINUE PETITIONS TO SHOW OTHER RIGHTS BEING LOST WITHOUT RIGHT OF ENFORCEMENT, BUT MORE IS NEEDED 9/15/07WTP files National Clean Election Lawsuit in Federal Court seeking an end to machine (secret) vote counting 6/08 – The People Serve 7 out-standing Petitions for Redress on the President and Every Member of Congress 9/08 – Schulz v. United States – WTP sues U.S. Treasury and Federal Reserve for unconstitutional AIG & TARP Bailouts 2007 2008 12/08 – WTP’s Presidential Eligibility Petition for Redress appears as two, full-page “Open Letters” in Chicago Tribune V VIOLATIONS Iraq Resolution USA Patriot Act Federal Reserve Direct Tax on Labor N. American Union Gun Control Illegal Immigration

  21. FREE PEOPLE DO NOT TOLERATE TYRANNY “We hold these Truths to be self-evident… that to secure these Rights, governments are instituted among men… Whenever any Form of Government becomes destructive of these Ends, it is the Right of the People to alter or abolish it….” SOURCE: The Declaration of Independence - 1776

  22. WE THE PEOPLE SHIFT THEIR FOCUS TO CIVIC ACTION: CONTINENTAL CONGRESS 2009, THE ARTICLES OF FREEDOMOPERATION PEOPLE POWER WHEN CONFRONTED, our government has chosen to clamp down, rather than stand down. The Appropriate Next Step for a FREE People is to say “NO, we will not tolerate an erosion of our Rights.” WTP shifts its focus, organizing a critical mass of people to engage in civic action as is their Duty and their Right. “Operation People Power” is grounded on the Articles of Freedom: The Works of Continental Congress 2009, a wholly-constitutional document that defines America’s problem and shows the way back to constitutional governance. 2009 2010- Jan-May: Meetings with the PeopleRe CC2009 88 cities in 50 states May 21-22 Jekyll Island: Freedom Leaders Meet in “Federal Reserve Room”: Freedom Scroll is born. CC2009 endorsed. May-October CC2009 Preparation:Delegates nominated in states; support teams in place; 10/09: Delegate Elections Nov 11-22 Continental Congress: 116 citizen delegates from 48 states produce theArticles of Freedom. 12/23: Articles released, contains Remedial Instructions to Congress/States on 14 violations. • OPERATION PEOPLE POWER: • Building Critical Mass • 4/19 –Simultaneous National Event in state capitals, the People serve Articles on elected officials • 5/1 – Weekly AOF Meetups begin across America to study AOF Articles and Constitution PETITIONS/lawsuits continue in an effort to stop violations and reverse now devastating effects on America:Clean Elections, Pres. Eligibility, Bailouts, Gun Control, etc

  23. HOW IMPORTANT IS THIS STORY? SHOULD WE RELY EXCLUSIVELY ON THE ELECTORAL PROCESS? WHAT ABOUT A MODERN DAY “ARTICLES OF ASSOCIATION?” CAN WE ACHIEVE CRITICAL MASS?

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