PETITION FOR REDRESS
OF GRIEVANCES RELATING TO THE APPLICATION OF THE ARMED FORCES
OF THE UNITED STATES IN HOSTILITIES IN IRAQ WITHOUT A CONGRESSIONAL
DECLARATION OF WAR
WHEREAS, during September, 2002, the President of the United
States of America submitted a draft Resolution to the United
States Congress that would authorize the President to apply
the armed forces of the United States of America in hostilities
in Iraq without a congressional Declaration of War, and
WHEREAS, All men are created equal and are endowed by their
"Creator" with certain unalienable rights, and
WHEREAS, If the Creator has, in fact, gratuitously provided,
equipped and enriched the People of the United States of America
with Rights, it follows that those Rights belong to the People
and to the Creator and it follows that any affront
to the Constitution (as when government attempts to violate
an unalienable Right) is an affront to the Creator, and
WHEREAS, If our Rights come from the Creator, only the Creator
can frustrate and deny or defeat our Rights -- that is, government
cannot abridge what God has put in place, and
WHEREAS, The Constitution of the United States of America is
a strongly worded, Divinely inspired set of principles expressly
intended to govern the government, not the people, and
WHEREAS, By the terms and provisions of the Constitution, the
People have established their government and authorized it
to act in certain ways, and have purposely and markedly restricted
and prohibited the government from acting in certain ways,
and
WHEREAS, The People, through their Constitution, have prohibited
the government from applying the armed forces of the United
States of America in hostilities overseas without a Congressional
declaration of war, and
WHEREAS, The People have granted to Congress alone the authority
to declare war against a foreign nation, and
WHEREAS, The Constitution does not give Congress the authority
to delegate control over its war declaration power to the
President, and
WHEREAS, The Constitution guarantees every American citizen
the unalienable right to life, liberty, and property, and
WHEREAS, Each of the Constitution’s prohibitions and restrictions
on government’s power is, in fact, another unalienable right
enjoyed by every citizen and resident on American soil, and
WHEREAS, Each individual on American soil has an unalienable
right to freedom from a government that would apply the armed
forces of the United States of America in hostilities overseas
without a Congressional declaration of war, now therefore
WE THE PEOPLE, hereby petition the federal government for a
redress of grievances relating to the application of the armed
forces of the United States of America in Iraq without a congressional
declaration of war, and
WE THE PEOPLE, respectfully request that the President of the
United States of America, each member of Congress’ House of
Representatives and each member of Congress’ Senate honor
their oaths of office to uphold the Constitution, by honoring
their obligation to respond to this, the People’s petition
for redress of grievance, by answering the following questions,
and
WE THE PEOPLE, at noon on Thursday, November 14, 2002, will
peaceably assemble at the Washington monument in Washington,
DC, where we will await the President, the Senate Majority
Leader and the Speaker of the House, and other members of
Congress, or their representatives, to receive an answer to
these questions or to learn when these elected representatives
of the People will provide an answer to our questions.
1.
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Do you admit that the War Powers Clauses of
the United States Constitution provides Congress
with the power to "define and punish…offenses
against the Law of Nations" (U.S. Constitution,
Art. 1, § 8, cl.10), and the power to "declare
War . . . ." (U.S. Constitution, Art.
I, § 8, cl. 11), and the power to "make
rules for the government and regulation of
the [armed forces of the United States]"
(U.S. Constitution, Art. I, § 8, cl. 14), and
the power to "provide for the calling
forth of the [National Guard and National Guard
Reserve]…." (U.S. Constitution, Art. I,
§ 8, cl. 15), and the power to "provide
for…governing such part of the [National Guard
and National Guard Reserve]…." (U.S. Constitution,
Art. 1, § 8, cl. 16)?
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2.
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Do you admit that Congress’ power to declare
war works in conjunction with the authority
granted to the President under the Constitution
to act as "Commander in Chief of the Army
and Navy of the United States, and of the Militia
of the several States, when called into the
actual Service of the United States."
(U.S. Constitution, Art. II, § 2, cl. 1)?
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3.
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Do you admit the Framers intended to give
each of the two branches a role in the conduct
of foreign military affairs, that is, that
Congress would declare war and raise and financially
maintain armies, while the President would
conduct wars?
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4.
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Do you admit that in 1973, over President
Richard Nixon’s veto, Congress passed the War
Powers Resolution, (50 U.S.C. § 1541, et.
seq.), in order to "fulfill the intent
of the framers of the Constitution of the United
States and insure that the collective judgment
of both the Congress and the President will
apply to the introduction of United States
Armed Forces into hostilities, or into situations
where imminent involvement in hostilities is
clearly indicated by the circumstances, and
to the continued use of such forces in hostilities
or in such situations?"[See 50 U.S.C.
§ 1541(a)]
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5.
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Do you admit that the purpose of the resolution
was to ensure that the "constitutional
powers of the President as Commander-in-Chief
to introduce United States Armed Forces into
hostilities, or into situations where imminent
involvement in hostilities is clearly indicated
by the circumstances, are exercised only pursuant
to (1) a declaration of war, (2) specific statutory
authorization, or (3) a national emergency
created by attack upon the United States, its
territories or possessions, or its armed forces?"
[See 50 U.S.C. § 1541(c)]
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6.
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Do you admit that War Powers Resolution 50
U.S.C. §1541 et.seq., delegates to some future
President, under any unknown circumstances,
the power to introduce the United States armed
forces into hostilities (war) against a sovereign
nation, even those which offer no threat to
the United States, its allies, or to any other
nation, for a period of sixty days or more,
without a declaration of war by Congress
and without specific statutory authorization?
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7.
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Do you admit that the War Powers Resolution
provides, inter alia, that "[i]n
the absence of a declaration of war, in
any case in which United States Armed Forces
are introduced (1) into hostilities or into
situations where imminent involvement in hostilities
is clearly indicated by the circumstances;
(2) into the territory, airspace or waters
of a foreign nation while equipped for combat,
except for deployments which relate solely
to supply, replacement, repair, or training
of such forces; or (3) in numbers which substantially
enlarge United States Armed Forces equipped
for combat already located in a foreign nation;
the President shall submit within 48 hours
to the Speaker of the House of Representatives
and to the President pro tempore of
the Senate a written report setting forth the
circumstances necessitating the introduction
of forces, the constitutional and legislative
authority to introduce the forces and the estimated
scope and duration of the hostilities or involvement."
50 U.S.C. § 1543(a)? (our emphasis).
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8.
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Do you admit that in violation of said War
Powers clauses, the War Powers Resolution of
1973 delegates to some future President, under
any unknown circumstances, and without a declaration
of war by Congress, and without specific statutory
authorization, the power to define and punish
"offenses" by a sovereign nation,
by introducing the United States armed forces
into hostilities (war) against that sovereign
nation, even though that sovereign nation may
offer no threat to the United States, its allies
or to any other nation?
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9.
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Do you admit that 50 U.S.C. § 1544(b) requires
that within sixty calendar days after the President
either submits a report pursuant to Section
1543(a) or is required to have submitted a
report, the President must terminate the use
of the United States Armed Forces described
in Section 1543 unless Congress (1) has declared
war or has provided specific authorization
for the use of such forces, (2) has extended
by law the sixty-day time period, or (3) is
physically unable to meet as a result of an
armed attack on the United States?
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10.
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Do you admit that 50 U.S.C. § 1544(b) authorizes
the President to extend the sixty-day period
an additional thirty days if he determines
and certifies in writing to the Congress that
the continued use of forces for the additional
time is necessary to safely remove the United
States Armed Forces?
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11.
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Do you admit that 50 U.S.C. §§ 1545, 1546,
1546a (The War Powers Resolution) also sets
forth a mechanism so that both houses of Congress
are required to give priority consideration
to any resolution or bill that would provide
the President with the authorization described
above?
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12.
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Do you admit that the War Powers Resolution,
50 U.S.C. §1541 et.seq., does not indicate
what is to happen if the President ignores
the sixty-day requirement, as President Clinton
did with respect to his military campaign against
Yugoslavia?
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13.
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Do you admit that the War Powers Resolution,
50 U.S.C. § 1547(a), explicitly provides that
authority to introduce forces into hostilities
shall not be inferred "from any provision
of law . . . including any provision contained
in any appropriations Act, unless such provision
specifically authorizes the introduction of
United States Armed Forces into hostilities
or into such situations and states that
it is intended to constitute specific statutory
authorization within the meaning of [the War
Powers Resolution]," or "from any
treaty . . . unless such treaty is implemented
by legislation specifically authorizing the
introduction of United States Armed Forces
into hostilities or into such situations and
stating that it is intended to constitute
specific statutory authorization within the
meaning of [the War Powers Resolution]"?
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14.
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Do you admit that War Powers Resolution 50
U.S.C. §1541 et.seq., is violative of the War
Powers Clauses: Article I, Section 8, clauses
10, 11, 14, 15 and 16 of the U.S. Constitution?
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15.
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Do you admit that during September, 2002,
the President submitted a draft Resolution
to Congress that would authorize the President
to apply the armed forces of the United States
of America in hostilities in Iraq and the region
around Iraq?
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16.
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Do you admit that the draft Resolution the
President submitted to Congress in September,
2002, regarding the application of the armed
forces of the United States against Iraq, would,
if passed by Congress, represent an unconstitutional
delegation by the Congress to the Executive
of the War Powers reserved to Congress by Article
1, § 8, clauses 10, 11, 14, 15 and 16 of the
U.S. Constitution, and a significant and substantial
violation of the most fundamental constitutional
principle of "separation of power"?
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17.
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Do you admit that any agreement, contract
or treaty with the United Nations does not
give Congress the authority to delegate control
over its war declaration power to the President?
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18.
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Do you admit that the U.S. Supreme Court has
held that, "It would be manifestly contrary
to the objectives of those who created the
Constitution...let alone alien to our entire
constitutional history and tradition to construe
Article VI (The Supremacy Clause) as permitting
the United States to exercise power under an
international agreement without observing constitutional
prohibitions. In effect, such construction
would permit amendment of that document in
a manner not sanctioned by Article V."?
REID V. COVERT, 354 U.S. (1956)
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19.
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Do you admit that the Congress does not stand
beside the People or the Judiciary as a co-interpreter
of the fundamental law, particularly when it
comes to consideration of restraints on Congressional
power?
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20.
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Do you admit that that Congress and the Executive
may not collude to evade any Clause of the
Constitution?
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21.
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Do you admit that the People cannot close
their eyes to the Constitution and see only
the acts of the President and the Congress?
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22.
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Do you admit that said draft Resolution calls
upon Congress to collude with the President
in a collective decision to apply the armed
forces of America against the sovereign nation
of Iraq, unconstitutionally, and to
deliberately chose, by their official actions,
to allow for the collapse of fundamental republican
principles and with it the rule of law?
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23.
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Do you admit that said draft Resolution calls
upon Congress to collude with the President
in a collective decision to deny us and other
citizens our unalienable right to freedom from
a government that applies the armed forces
of America in hostilities overseas without
a declaration of war by Congress?
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Respectfully submitted this 4th day of November,
2002 by We The People of the United States of America:
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