Last week I learned something from my daughter’s readings. The Constitution in its original signing did not contain any affirmative statements of our rights! Yep! The Bill of Rights, which we all know, was added as Amendments after the Constitution was written, was signed and was adopted by the thirteen colonies. Some Framers, as James Madison, were none-to-happy with these exclusions. The thought, in their exclusion, was that the Constitution assumed each of these Rights, not needing to be re-iterated as redundant. Some, though, were wise beyond their years in requiring their inclusion post the Constitution’s adoption by the states. So allow me to ask you- Do you know which aspect of which Amendment is arguably the most abused by our Government? It’s our 1st Amendment Right to Petition!
Our Constitution explicitly states in the 1st Amendment, “The Right to Petition government.” Today, that is considered over-broad. The history of this Right stretches back to England forward through our Continental Congress arriving as an assumptive given within the Constitution. Despite the arguably redundant inclusion of the affirmative Amendments of our Bill of Rights, the “Right to Petition government” was assumed, therefore, it was not fully defined in said Bill of Rights!
The Right to Petition during the era of our Continental Congress was for each and every person’s right to bring a petition of grievance before Congress. Yes, Congress! That’s the Legislative Branch folks! Once the Constitution was adopted in 1787, the Right to Petition included the Judicial Branch while continuing for the Legislative Branch. This right granted any citizen access to both the federal court and to the federal legislature for re-dress of any alleged grievance! My, how have things changed in 200+ years?
Today, We The People, must overcome Abstention Doctrines to gain access into our federal courts for re-dress of any grievance alleged against our states; notwithstanding these restrictions on our access to the federal courts, we now have no access to our legislators for said grievances. What happened? Stare Decisis! The federal courts legislated, from the bench, their own laws, which have restricted and/ or rescinded We The People’s access to both the courts and the legislature for our grievances against the states!
We The People have been robbed of our 1st Amendment Right to Petition and we aim to re-claim it back from our government. For more information regarding activist groups concerning WTP and our 1st Amendment Right to Petition click the web link http://www.wethepeoplefoundation.org/.
Our fundamental Right to Petition our government is foundational to our controlling our government. This was assumed and always believed by our Constitutional Framers. Our states have aggrieved our rights. And, the federal government has barred us from re-dress of these said grievances! We must assert our Right to Petition against our states!
Big Daddy
This is a fantastic article! Keep up the awesome job.
Posted by: Robert Pedersen | July 15, 2008 at 05:44 PM
While I agree with your principle that it is time to find a way to assert some federal rights for fathers, the courts have historically found that under the 10th Amendment to the Constitution, regulating marriage and family matters are reserved to the States. It will take a serious national dialog and effort to move in the direction of some kind of federal involvement. Interestingly enough, it may take a "marriage amendment" to the Constitution to open that door.
Posted by: Wayne Parker | July 18, 2008 at 04:19 PM
We are also facing a powerful challenge to our constitutional Ist Admendment Freedom of the Press. I was a newspaper reporter for 5 years after college, and the one aspect of the law that I was thoroughly trained in was Journalism Law and Ethics. Nowdays, it seems that lefty loons liberals as O'Reilly calls them are attacking our freedom of speech and publication rights as dangerous hate talk and one-sided. I hate to tell them this, but that is what freedom is all about: to loudly and vociferously make known our opinions about all matters, including family and marriage and children, but they left has made speaking out a hate crime. Thank God the Supreme Court continues to reject these morons and their attempts to put down free speech. Just recently a House Democrat proposed a ban on YouTube videos that must first past some kind of "censor". What ludicrous nonsense. In my defense of one man - one woman marriage I was called a "homophobe" by a 4 time divorced mother and member of Fathers 4 Justice. I saw that as no different than being called a "nigger-lover" when I went to school in Alabama in the early 70 when our high school was first integrated. Although both labels are pejorative terms used by people who hate others, they still are protected speech. I say let people write what they want to write, and say what they want to say...and if you disagree, write and say back !!
Read the article: Just and Unjust Laws - Assault on Freedom of Speech. http://cnbpinc.ning.com/profiles/blog/show?id=2066027%3ABlogPost%3A23465
Posted by: Mark Godbey | July 26, 2008 at 10:08 PM