October 25, 2011
BULLOCKS! UNFATHOMABLE RUBBISH!
This Voting Rights Decision Must Not Be Allowed To
A federal government judge
ruled he has no power under the Constitution of the
United States of America to hear a constitutional
challenge to the government’s system of counting
votes in secret.
This, in spite of the plain
language of Article III of the Constitution:
“The judicial Power of the
United States, shall be vested in one supreme Court,
and in such inferior Courts as the Congress may from
time to time ordain and establish... The judicial
Power shall extend to all Cases, in Law and Equity,
arising under this Constitution, the Laws of the
United States, and Treaties….”
The case was brought against
the two major political parties, also known as the
New York State Board of Elections.
The case is being pursued by
two citizen voters - Bob Schulz and John Liggett,
who charged voting systems being used to count their
votes in secret violate the letter and the spirit of
What reason did the Judge give
to justify his “I have no power to hear this case”
He held Schulz and Liggett had
no Right to stand before his court any longer.
Coming in October of 2011, this is a most peculiar
decision. The case was filed in 2007,
survived an early motion to dismiss for “lack of
standing,” was scheduled for jury trial and had been
nearing the end of a long discovery phase that
produced damning evidence against the government.
Why did the Judge issue such a
The two major political
parties (read State Board of Elections) asked him to
What reason was given to
justify his “lack of standing” conclusion?
He held the constitutional
injury to Schulz and Liggett, by not having their
votes counted in public and, therefore, not knowing
if their votes were being accurately counted, was no
different from the injury being suffered by all
other voters so the matter is a political question
that should be settled by Congress.
Congress? Our Rights are
individual Rights, guaranteed by the letter and
spirit of our Constitution, not the will of a
majority of a group of men and women.
Congress? Those whose
loyalties flow not to the Constitution, but to
political parties, at the risk of not being
designated for the ballot for the next electoral
Congress? Whose political
parties are bought and paid for by lobbyists?
Congress? Whose lobbyists
include the purveyors of the very secret vote
counting machines that are at the heart of the case
before the Court?
In telling Schulz and Liggett
to turn to Congress for a remedy to their grievance,
the Judge turned a blind eye and a deaf ear not only
to common sense, reason and justice, but to the
intelligent, rational and professionally crafted
arguments presented by Schulz and Liggett that were
directed at the need to correct a clear error of law
and the need to prevent manifest injustice.
See, for instance the
Court's Decision and Order
of July7, 2011, Schulz
Motion for Reconsideration
, Schulz and Liggett’s
and the Court’s
Decision and Order of October 13, 2011.
Fanning the Flames of Discontent
Our government (read political
parties and their servile
followers) has been an overachiever in terms of
promoting itself despite its problem of growing
civil and human rights violations and the economic
The Judge’s decision is but
another example in a growing list of failures of the
government (read two major political parties) to
comply with their constitutional mandates and their
constitutional obligation to listen and respond to
the People’s legitimate grievances.
The international community,
the media and observers might go on being fooled by
the rhetoric of America’s success story, but the
People are waking up to the problems of
constitutional violations and the resultant economic
and other devastating effects.
Government’s refusal to
respond to the merits of petitions to remedy the
violations and infringements is to squelch public
To squelch public dissent is
to breed public discontent.
This Judge did more than
squelch public dissent, he crushed and trampled it.
Tyranny and oppression with
all its trappings are on the rise in
Resentment at government is
People are protesting in the
openly complaining of their suffering, corruption,
impunity of those in power and lack of
Unless the major political
parties and their
abjectly submissive minions on or off the bench
begin to respect and honor the People and their
Constitution, regardless of the level of practical
difficulty and their political futures, tensions
between the People and the government will continue
to rise to the breaking point. And then what?
December 17, 2010, with no official
willing to hear his legitimate grievances against
government tyranny and oppression, twenty-six year
old Mohamed Bouazizi
brought paint fuel, returned to the street outside a
government building in Tunisia, and set himself on
fire, sparking the Arab Spring and rise of freedom
loving people in
Human life is precious. This
was a tragic event, though it sparked a revolt by
the People against their Form of Government,
exercising their Right, “to alter or to abolish
it, and to institute new Government, laying its foundation on
such principles and organizing its powers in such
form, as to them shall seem most likely to effect
their Safety and Happiness.”
A recent story on BBC
Worldwide News showed the people of Tunisia voting
in a Clean Election for the first time, using hand
counted paper ballots in a process that is open,
transparent and verifiable by all, with the results
of the count announced and posted on the wall at the
end of the voting period at each polling station
–the very voting system now used in almost all the
industrialized countries in the western hemisphere
(except the United States). This is worth watching.
The Tunisians were voting to
establish a 217 seat Assembly that will write a
Constitution, then disband. There were 11100
candidates from 110 political parties vying for
those 217 seats (so much for “complicated ballots”)
We watch from
America grateful to see the People of Tunisia Rise
to such heights, but tortured that we have allowed
electronic voting machines to move in across our
country, casting a dark cloud over our entire
electoral process. Awake Thou that Sleepest, before
it is too late!
Self-immolation has long flowed from
government violation of civil rights and its refusal
to respond to the People’s Petitions for Redress. As
was the case in
Tunisia, it, and its political consequences are
difficult for government to deal with: the person
hasn’t hurt anyone else or destroyed government
Self-immolation need not come to
America. Here the People already have a Constitution
and its Bill of Rights guarantees the Right of each
one of us to Petition the government to remedy its
violations and government’s obligation to respond,
including our judges.
In the name of Mohamed
Bouazizi, we intend to appeal District Court’s
decision to the United States Court of Appeals for
the Second Circuit, where we will immediately file a
Motion to expedite the appeal in order to achieve a
favorable decision before the 2012 primaries and
general elections, banning the use of electronic
vote counting systems.
Granted, the government has
already taxed the People and paid for the secret
vote counting machines it has installed across New
York State and America in recent years (machines
that have their genesis in the touch screen gaming
industry in Las Vegas), but it must be stopped from
continuing to tax Freedom by its continued use of
In the interest of democracy
and election integrity the further use of those
machines should have been prohibited by the District
Germany’s high Court did just that in 2009, at the
request of two of its citizens, banning all the
electronic vote counting machines in Germany,
to paper ballots, hand marked in private, but hand
counted in public, with the results announced and
posted at each polling place. It’s profound that
Germany’s “supreme court” is officially named,
For more information about the NCEL lawsuit and to
access all recent NCEL related legal pleadings,
court orders and WTP updates, please
Mounting the People’s Campaign
Everything possible must be
done to put
back on course and prevent further unrest.
Virtually every objective sought by the election integrity
community, and the whole of the Free People of
America, to ensure the true outcomes of all future
elections rides on this single lawsuit. A reversal
in the appellate court will, by Federal Court Order,
not only prohibit ALL voting machines in the State
of New York from that day forward, it will establish
a legal and judicial beachhead for every subsequent
state and federal case challenging voting systems
that are repugnant to the individual’s voting
Our plan therefore, is to not give up and accept this
decision. We will file a Notice of Appeal before
If we should win on appeal and have the NCEL case reinstated,
we will need to quickly re-engage in full-out
preparation for an historic jury trial, including
completion of evidence discovery.
From our view, we don't need any more election challenges or
recounts, we don't need more studies or videos
documenting machine failures, we don't need blogs
reporting more election fraud, we don't need more
lawsuits nibbling at the edges of the problem.
THOSE WHO COUNT THE VOTES, CONTROL THE ELECTIONS.
This case was originally scheduled to go to trial this
November. There will be delays if reinstated, but
given the coming Primaries and 2012 Presidential
election, the Courts will be expected to expedite
the case. The same is also true regarding the
velocity of all appeal(s).
For those who stand with us and want to help with the costs
associated with this case, the immediate fee for
filing the Notice of Appeal to the 2nd Circuit U.S.
Court of Appeals is $450.00. We so appreciate your support. There are also costs for
legal research, hard-copy reproduction,
binding/printing costs for the documents and more to
come should a trial ensue.
Thank you for your
donation for the NCEL lawsuit.
Year-End Foundation Fundraiser!
Freedom Calendars Now Available…
More than ever, WTP needs your financial support to
continue its vital work in defense of the
Constitution. Over a dozen years, the We The People
Foundation has led a protracted battle in the
federal courts and the public domain to educate the
public, organize our citizenry to institutionalize
Vigilance, and to lawfully enforce the People’s
profound First Amendment Right to Petition and its
corollary Right to Secure Redress.
This year again, we offer our
WTP 2012 Freedom Calendars as an intelligent,
timely gift for those you want to know what is
Precious and Fundamental to our Beloved America.
We have stood for your Freedom through the years:
from federal lawsuits to the U.S. Supreme Court;
from C-SPAN coverage to full-page ads in USA
TODAY, the New York Times, the
Washington Times and the Chicago Tribune;
from protest events on the National Mall and the
White House, from Continental Congress 2009 to the
service of repeated Petitions upon every member of
Congress and the President to cease and Redress
their wanton violations of our Constitution; from
news events at the National Press Club to live
webcasts of the "Give Me Liberty" public conferences
and now the crowning glory - to permanently
institutionalize citizen vigilance by establishing
America’s first non-political
Constitution Lobby in every state, of by and for
the People, to hold government accountable to state
and federal Constitutions and the Rule of Law. With
your help, we will restore the Right to Petition so
We The People can hold government accountable to the
rest of the Constitution.
To donate and/or order and receive your
2012 Freedom Calendars click here.
To make a general donation to the Foundation,
click here or use
the PayPal button just below.
for more information about our current Constitution Lobby
project to Institutionalize Vigilance and organize
Civic Actions in every state via the inception of
locally controlled and funded state Constitution
Click the button above or this link to our
(*NO* PayPal account or log-on is necessary!)
Use our secure WTP
monthly "subscription" system
JOIN THE CONGRESS: Monthly & annual
Memberships, use the secure
Our mailing address:
2458 Ridge Road
Queensbury, NY 12804