June 24, 2007
Read It
Twice:
En Banc Request Filed in DC
Day of
Prayer and Fasting: July 1st
On Friday,
June 22, 2007, the United States Court of Appeals for the
District of Columbia Circuit received the original and
nineteen copies of the People’s Petition for En Banc
consideration in the case We The People v. United States,
Case No 05-5359.
A link to
the People’s Petition is located at the end of this article.
WE RECOMMEND YOU READ IT TWICE to absorb the finer points or
if you don’t understand a word or concept. The future of the
great American experiment in self-government hangs in the
balance. To use the vernacular, “It’s crunch time.” This is
the second highest Court in the land.
The
Petition will now be distributed to all fourteen judges of
the Court, including the three judges sitting on the Panel
that issued its Opinion on May 8, 2007 (Rogers, Ginsburg and
Kavanaugh).
If one of the judges calls for a vote, the fourteen judges
will vote to decide whether the case should be considered by
the full Court. If eight of the judges decide to have the
case reconsidered, the current Order will be nullified and
the full court will request a response from the Government
to our Petition for Rehearing. The Court will then decide
whether the original Opinion should be reversed, modified or
affirmed.
If the
final decision by the Court of Appeals goes against the
Government, the Government will undoubtedly petition the
Supreme Court to hear the case. If the action goes against
the People, the People will petition the Supreme Court to
hear the case.
The Supreme
Court does not have to hear the case; it could deny a
Petition it receives from either the Government or the
People, without a word of explanation. Neither the People
nor the Government has a “right of appeal” to the Supreme
Court.
Therefore, what the People filed with the Court of Appeals is
of extreme importance and ….
You be the
Judge
As an
organization committed to educating People regarding
constitutional principles, legal procedures and judicial
doctrines such as stare decisis, we are very
interested in hearing from you, regardless of your station
in life – lay people or lawyers – Libertarians or major
Party – writers or readers - regarding your opinion of the
importance of this case, our legal arguments and our efforts
to date to bring this knowledge to the attention of the
American people.
Do you
think we made a convincing case for an En Banc
consideration?
Links are provided below to our original Appeal, the Opinion
of the Court, and our Petition for Rehearing.
Please answer “yes” or “no” using the on-line form we have
prepared for this purpose (See link below). Space is provided for
your brief comments, ideas and questions.
Our View:
The Importance of En Banc Consideration
Cannot Be Overstated
The Court
faces a grave and solemn duty. It has before it a
constitutional controversy in which the most fundamental
question the federal Judiciary may ever consider has been
humbly put forth by the People: "Is the Government a Servant
government to be held accountable by the People to a written
Constitution or is the Government the Master?"
To be sure,
any decision that leaves the Court's initial Opinion
undisturbed may possibly damn this nation to an another era
of unspeakable tension and upheaval as the Executive usurps
the power of the People and of an acquiescing Congress, and
as the Judiciary cooperates in the Government’s collective
decision to deny People their constitutional Rights by
applying its judge made standing and stare decisis
doctrines.
It takes
not but a simple man to look around and understand the
significant risks our Republic now faces because of
Government's oppressive constitutional torts – its
violations of the war, money, tax, privacy, immigration and
other prohibitions and requirements of our Constitution.
The People
have honorably Petitioned the political branches for Redress
and have been repeatedly denied. The People have
honorably endured years of judicial Petitioning seeking a
Declaration of their Rights. To this point, they have
been repeatedly denied. Even as these words are
written, the government seeks, under color of law, to
silence the People and shut down their Petition process,
including the ability of the People to exhaust their
judicial remedies in this case. The Government’s primary
weapon in its assault on the People is the unconstitutional
application of the otherwise constitutional internal revenue
laws.
Beyond this
procedural juncture, there is no guarantee that the U.S.
Supreme Court will even consider this historical
controversy. As such, this Court now bears the full burden
of the Law. The Divine gift known as America hangs in the
balance.
The Right
to Petition is the exercise of Popular Sovereignty. It is an
expression of a fundamental force of Nature that, like
Liberty itself, cannot not be long denied.
As history
teaches, we will choose to either rise as Free men and women
and come together peacefully under the Rule of Law,
regardless of the degree of difficulty, to keep Government
within the boundaries drawn around its power by the People,
or we wander into a quagmire of governmental tyranny and
suffer the chaos that accompanies the tension and upheavals
that are the consequence of Nature violated.
Many people
have already paid the ultimate price for this answer, many
continue to exhibit the courage of their convictions.
The Court
of Appeals now faces a most solemn duty: to issue a judicial
declaration establishing whether the Government is indeed, a
servant Government that can be held accountable by the
People’s Petitions for Redress of Grievances highlighting
constitutional torts.
We pray
that the Judges of this Court will each reflect deeply
within their hearts on these matters, and like the
Plaintiffs -- and all those that have ever been summoned to
defend our Constitution, to call upon the Creator for the
spiritual guidance, strength of character and moral
integrity needed to stand against those who seek to forever
deprive the Divine Blessings of Freedom and the Light of
Liberty to the Peoples of this nation, and of the Earth.
"Those who make peaceful change impossible will make
violent revolution inevitable."
-- John F. Kennedy
"Fiat justitia et ruant coeli" -- Let justice be done
though the heavens fall.
Day of Prayer and Fasting: July 1st
On July 1st,
from the moment I rise until the moment my head again comes
to rest on my pillow, I will, from time to time, remove a
sheet of paper from my pocket, open it to the list of Judges
of the DC Circuit, slowly descend the list to read each name
and pray that my Creator will open the mind of the Judge to
the intent of the Framers and Ratifiers as they added these
most important words to the Constitution of the United
States of America;
“Congress
shall make no law…abridging…the Right of the People…
to Petition the Government for a Redress of Grievances.”
To remind
myself of my commitment to think and pray about the Judges
and their solemn duty to protect and preserve the
Constitution, I will not consume any food or beverage on
July 1st.
Please join
me if you can.
Respectfully yours,
Bob Schulz
Update Related Links:
Click here to read the Opinion by the Panel of three judges
of the DC Court of Appeals.
Click here to read our Petition for Rehearing En Banc.
(suggested RIGHT-Click
to download, 181KB)
Click here for a list of the Judges of the U.S. Court of
Appeals for the DC Circuit.
Here is a short, (1)-page printable list
Click
here
to make a
Donation towards the cost of our attorney,
Mark Lane.
We especially appeal to the Plaintiffs in the landmark
litigation. If 1,000 of you will send $85 each, we will be
able to make our final payment to Mark. We thank you in
advance for your courage and conviction. We know what the
IRS has been doing to silence you and to shut down the
petition process to escape accountability. Be strong. The
Truth will soon set us free.
Use the
On-Line Form to comment on
WTP's En Banc Rehearing Motion
Please remember:
The Landmark Right-To-Petition
Lawsuit
and
Operations of
the WTP Foundation
are Funded
Solely By Your
Generous Support.
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