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

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.

“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.”

History: Right to Petition First Amendment, U.S. Constitution

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.”

On September 30, 1774, Congress appointed a committee to come up with aplan by which all of the colonies would agree, in association, to imposeeconomic sanctions by stopping exportation of goods from the colonies toGreat 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 NorthAmerica, we are of opinion, that a non-importation, non-consumption,and non-exportation agreement, faithfully adhered to, will prove themost speedy, effectual, and peaceable measure: and, therefore, we do,for ourselves, and the inhabitants of the several colonies, whom werepresent, 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.

History: Right to Petition1774: Continental Congress - Articles of Association

“If money is wanted by Rulers who have in anymanner oppressed the People, they may retain ituntil their grievances are redressed, and

thuspeaceably procure relief, without trusting todespised petitions or disturbing the publictranquility.”

Source: Journals of the Continental Congress, Journal 1, pg 105-113

History: Right to Petition1774 – Continental Congress to the Inhabitants of

Quebec

“The privilege of giving or withholding our moneys 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

History: Right to Petition1775 – Thomas Jefferson

“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.”

History: Right to Petition1776 – The Declaration of Independence

• The Vestigial Constitution G. 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 Petition J. Pfander, Northwestern U. Law Review

• Neglected But Absolute N. 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 Court C. 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

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.”

Mexican PesoBailout Lawsuit

by WTP

1999 2000 2001 20021998 20031995 1996 1997

Bombing of Kosovo Lawsuit

by WTP

WE THE PEOPLE DEFEND THE CONSTITUTION:PETITIONS FOR REDRESS OF GRIEVANCES -VIOLATIONS OF

WAR POWERS, MONEY, TAX AND PRIVACY CLAUSES

11/99 WTP Sponsored Citizen Summit on Income Tax. Gov’t Invited-No Show

4/00 Tax Remonstrance:Gov’t agrees toattend 6/29 Tax Conference & answer Q’s

6/29/2000 WTP Sponsored National Tax Conference. Gov’t No Show

6/00 Gov’t Backs Out of ConferenceWTP 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

7/99 WTP Sponsored Tax Symposium Gov’t Invited-No Show; broadcast live on CSPAN

4/99 WROW: Schulz interviews ex-IRS Agent; Decides to help him get answers to tax questions

VIOLATION

VIOLATION

WE THE PEOPLE DEFEND THE CONSTITUTION:PETITIONS FOR REDRESS OF GRIEVANCES - VIOLATIONS OF WAR

POWERS, MONEY, TAX AND PRIVACY CLAUSES

2001 2002 2003

2/01 WTP Sponsors Fourth Nat’l Tax Conference – D.C.: Gov’t Invited, No Show

4/9/01 WTP Sponsors Rally at IRS HDQ: IRS Commissioner invited-No Show

4/5/01 WTP Blocked from Speaking at Senate Hearing on USA Today Ads

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

9/12 Truth-in-taxation Hearing Rescheduled for February 27/28, 2002 due to Events on 9/11

7/1/01 Schulz Hunger Fast Begins in D.C.

4/17/01 USA TODAY: “No more WTP Tax Ads, Gov’t Pressure”

WE THE PEOPLE DEFEND THE CONSTITUTION:PETITIONS FOR REDRESS OF GRIEVANCES - VIOLATIONS OF WAR POWERS, MONEY, TAX AND PRIVACY CLAUSES OF THE

CONSTITUTION.

2002

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.

Direct, Un-apportioned Tax on Labor

VIOLATION

U.S.A. Patriot ActFederal Reserve System

Direct Tax on Labor

Iraq ResolutionVIOLATIONS

3/02 Congressman Bartlett Carries the People’sTax Petition for Redress to DOJ and IRS.

4/02 DOJ & IRS Refuse to Respond

10/02 Hearing on Iraq - Hyde calls Constitution “outdated”

11/14/02 WTP Sponsors Freedom Drive Rally on Nat’l mall. Gov’t No Show. “No Answers, No Taxes” becomes WTP’s mantra

11/08/02 Four Petitions Served on the President, all members Congress, and Att’y Gen’l

WE THE PEOPLE DEFEND PEOPLE’S RIGHT TO DUE PROCESS

2003 2004 2005

Tax WithholdingVIOLATION

3/15/03 Petition for Redress on Tax WITHHOLDING served on Gov’t-No response

4/03 IRS Summons WTP’s Books & Records

5/03 Schulz v. IRS – U.S. District Court, WTP Seeks Due Process Protection

1/05 Schulz 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

6/05 Schulz II: Court stands with WTP; denies IRS motion to reconsider

7/04 We 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?

WE THE PEOPLE DEFEND THE CONSTITUTION: DARK DAYS FOR LIBERTY

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.”

10/06 U.S. Court of Appeals in D.C. hears oral arguments

2004 2005 2006

DARK DAYS IN AMERICAN HISTORY:COLLUSION, RATHER THAN CHECKS AND BALANCES

2006 2007 2008

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.

12/9/06 LEGISLATIVE BRANCH COLLUSION:Congress authorizes 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.

NOW, WITH CORRUPT, UNCONSTITUTIONAL LEGAL STRUCTURE IN PLACE GOVERNMENT MOVES TO SILENCE THE PEOPLE

Phase I: Converting a Constitutional Right to a Crime

2007 2008

5/07 U.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). IRS seeks Court Order to stop WTP from certain “specified conduct” (distributing Petition to citizens) made illegal by Tax Laws.

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.

2/22/08 Court of Appeals affirms “for substantially the reasons set forth in the District Court’s decision.” SCOTUS refuses to hear case.

V

GOVERNMENT MOVES TO SILENCE WE THE PEOPLEPhase II

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.

2010

PGOVERNMENT MOVES TO SILENCE THE PEOPLEPHASE II: Arbitrary and Capricious Tactics by IRS

SUMMARY : THE PEOPLE ATTEMPT TO HOLD THE GOVERNMENT ACCOUNTABLE

THE GOVERNMENT CLAMPS DOWN

PETITIONSMexican PesoKosovo BombingIraq ResolutionFederal ReservePatriot ActIncome TaxTax Withholding

We The People

v. IRS

We The Peoplev.

United StatesQuestions:1.Gov’t Obligated to Respond?2.Do People have Right of Enforcement?

T

R

E

A

S

O

N

12/9/06 LEGISLATIVE BRANCHTAX 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.3/15/07 EXECUTIVE BRANCHNotice 2007-30: Treasury includes Right to Petition for Redress on list of legal positions that cannot be used as reason for retaining money.

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.

5/07 U.S. v We The People (Blue Folder)

1/09 Gov’t penalizes WTP

1995-2003 2007 2009

2003-2005

2004-2008

2007-2008

V

DUTY-BOUND: WE THE PEOPLE CONTINUE PETITIONS TO SHOW OTHER RIGHTS BEING LOST

WITHOUT RIGHT OF ENFORCEMENT , BUT MORE IS NEEDED

VIOLATIONSIraq ResolutionUSA Patriot ActFederal ReserveDirect Tax on Labor N. American UnionGun ControlIllegal Immigration 2007 2008

12/08 – WTP’s Presidential Eligibility Petition for Redress appears as two, full-page “Open Letters” in Chicago Tribune

9/15/07 WTP 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

“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

FREE PEOPLE DO NOT TOLERATE TYRANNY

2010-2009

WE THE PEOPLE SHIFT THEIR FOCUS TO CIVIC ACTION:CONTINENTAL CONGRESS 2009, THE ARTICLES OF

FREEDOM OPERATION PEOPLE POWER

May 21-22 Jekyll Island:Freedom Leaders Meet in “Federal Reserve Room”: Freedom Scroll is born. CC2009 endorsed.

Jan-May: Meetings with the People Re CC2009 88 cities in 50 states

May-OctoberCC2009 Preparation: Delegates nominated in states; support teams in place; 10/09: Delegate Elections

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.

PETITIONS/lawsuits continue in an effort to stop violations and reverse now devastating effects on America: Clean Elections, Pres. Eligibility, Bailouts, Gun Control, etc

Nov 11-22Continental Congress: 116 citizen delegates from 48 states produce the Articles 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

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?