Post by davidindc on Jun 14, 2012 19:16:56 GMT -5
The only real reason for a particular format for grievances to meet a legal requirement would be if this petition were going to be filed with a court after the government failed to do as we ask.
That's part of some folks' grand vision, but it's stupid. There's not a court in the land that would entertain such a suit for injunctive relief. The reasons are myriad, but let me just opine that the best any lawyer could hope for would be a quick, merciful dismissal. More likely, an angry federal judge would fine any lawyer who filed such nonsense, for clogging up his docket with frivolous litigation.
Some may think the grievances need some kind of magical wording, but in my informed legal judgment, they do not.
I think we need a peition that lists specific problems and proposes specific solutions. We publicize it by serving it on Congress and the President, but if, shocker, they don't immediately roll over and do our bidding, we publicize that and run people for office who subscribe to our platform.
Delegates who believe in magic lawsuits will object that we can't sue on a petition based on my template.
My answer would be that we can't sue on any petition. Well we can sue. Anyone can sue. Oafish tort lawyers prove that multiple times daily. Some control-freak, bully/lawyers of our acquaintance threaten to file lawsuits almost hourly.
But if the government fails to accede to our demands, we don't sue. We throw the rascals out and elect our own new rascals.
Here's a template for what I think our petition ought to look like. The examples are two of my own "top five" but I use them only for demonstration. This thread is not meant to address which grievances we should adopt, just what our final declaration should look like.
________
Whereas the United States of America has fallen victim to corruption, inequality and the malign influence of too few people with too much wealth bending the institutions of government to their twisted will, and
Whereas the United States Constitution guarantees citizens to peaceably assemble to petition their government for the redress of grievances, and
Whereas concerned citizens from across America have met, in congress assembled as Continental Congress 2.0, in Philadelphia, the cradle of our liberty, over the days of July 2nd through 4th, 2012, to discuss and debate the best way to address the corruption and iniquity that has invaded every corner of American life, and
Whereas, said citizens having discussed, debated, and voted upon numerous solutions to the myriad afflictions facing 21st century America,
Therefore, be it resolved, this 4th Day of July, 2012, Independence Day on the 216th anniversary of the signing of the Declaration of Independence, that on behalf of the 99% of America who are being dominated by a remaining 1% who hold an overly vast proportion of this nation's wealth and wherewithal, we petition our governmend and demand redress of the following injustices:
I. Political gerrymandering after each decenial census has obliterated the posibility of truly democratic elections for Congress by creating "safe seats" for most incumbents.
To redress this failing, we demand that the redistricting that follows each decenial census be taken entirely out of the hands of partisan interests and entrusted to panels in each of the fifty states made up of nuetral experts, including, but not limited to, demographers, statisticians, political geographers, and other qualified professionals, vetted and chosen by the National Academy of Science.
We further demand that the U.S. Congress take any and all actions necessary, up to and including proposing, adopting and championing among the several states a constitutional amendment to implement this remedy.
II. The corrupting influence of weath has thoroughly undermined the American ideal of a government responsive to the needs of its citizens, in favor of a government responsive to only the demands of its moneyed classes.
To redress this failing, we demand legislation requiring that:
(A) Elected officials of the U.S. Government, Officers and Ambassadors of the U.S. who must be confirmed by the Senate, all members of the federal judiciary, and everyone employed by the executive, legislative or judicial branches of the U.S. government be forbidden from accepting anything of value from any person or entity in exchange for any action taken in furtherance of the donor's interest(s). Violation of this principle shall be punishable as a criminal offense.
(B) After leaving government service, no person forbidden to receive anything of value in Paragraph A shall be permitted, for a period of five years, to work in any capacity to influence the actions of the federal government, with the sole exception of exercising their own personal First Amendment right to speak and publish.
We further demand that the U.S. Congress take any and all actions necessary, up to and including proposing, adopting and championing among the several states a constitutional amendment to implement this remedy.
III. RINSE, LATHER, REPEAT.
________
There's my 2 cent's worth.
Wishing you all rainbows and unicorns, I am,
Sincerely yours,
David in DC
That's part of some folks' grand vision, but it's stupid. There's not a court in the land that would entertain such a suit for injunctive relief. The reasons are myriad, but let me just opine that the best any lawyer could hope for would be a quick, merciful dismissal. More likely, an angry federal judge would fine any lawyer who filed such nonsense, for clogging up his docket with frivolous litigation.
Some may think the grievances need some kind of magical wording, but in my informed legal judgment, they do not.
I think we need a peition that lists specific problems and proposes specific solutions. We publicize it by serving it on Congress and the President, but if, shocker, they don't immediately roll over and do our bidding, we publicize that and run people for office who subscribe to our platform.
Delegates who believe in magic lawsuits will object that we can't sue on a petition based on my template.
My answer would be that we can't sue on any petition. Well we can sue. Anyone can sue. Oafish tort lawyers prove that multiple times daily. Some control-freak, bully/lawyers of our acquaintance threaten to file lawsuits almost hourly.
But if the government fails to accede to our demands, we don't sue. We throw the rascals out and elect our own new rascals.
Here's a template for what I think our petition ought to look like. The examples are two of my own "top five" but I use them only for demonstration. This thread is not meant to address which grievances we should adopt, just what our final declaration should look like.
________
Whereas the United States of America has fallen victim to corruption, inequality and the malign influence of too few people with too much wealth bending the institutions of government to their twisted will, and
Whereas the United States Constitution guarantees citizens to peaceably assemble to petition their government for the redress of grievances, and
Whereas concerned citizens from across America have met, in congress assembled as Continental Congress 2.0, in Philadelphia, the cradle of our liberty, over the days of July 2nd through 4th, 2012, to discuss and debate the best way to address the corruption and iniquity that has invaded every corner of American life, and
Whereas, said citizens having discussed, debated, and voted upon numerous solutions to the myriad afflictions facing 21st century America,
Therefore, be it resolved, this 4th Day of July, 2012, Independence Day on the 216th anniversary of the signing of the Declaration of Independence, that on behalf of the 99% of America who are being dominated by a remaining 1% who hold an overly vast proportion of this nation's wealth and wherewithal, we petition our governmend and demand redress of the following injustices:
I. Political gerrymandering after each decenial census has obliterated the posibility of truly democratic elections for Congress by creating "safe seats" for most incumbents.
To redress this failing, we demand that the redistricting that follows each decenial census be taken entirely out of the hands of partisan interests and entrusted to panels in each of the fifty states made up of nuetral experts, including, but not limited to, demographers, statisticians, political geographers, and other qualified professionals, vetted and chosen by the National Academy of Science.
We further demand that the U.S. Congress take any and all actions necessary, up to and including proposing, adopting and championing among the several states a constitutional amendment to implement this remedy.
II. The corrupting influence of weath has thoroughly undermined the American ideal of a government responsive to the needs of its citizens, in favor of a government responsive to only the demands of its moneyed classes.
To redress this failing, we demand legislation requiring that:
(A) Elected officials of the U.S. Government, Officers and Ambassadors of the U.S. who must be confirmed by the Senate, all members of the federal judiciary, and everyone employed by the executive, legislative or judicial branches of the U.S. government be forbidden from accepting anything of value from any person or entity in exchange for any action taken in furtherance of the donor's interest(s). Violation of this principle shall be punishable as a criminal offense.
(B) After leaving government service, no person forbidden to receive anything of value in Paragraph A shall be permitted, for a period of five years, to work in any capacity to influence the actions of the federal government, with the sole exception of exercising their own personal First Amendment right to speak and publish.
We further demand that the U.S. Congress take any and all actions necessary, up to and including proposing, adopting and championing among the several states a constitutional amendment to implement this remedy.
III. RINSE, LATHER, REPEAT.
________
There's my 2 cent's worth.
Wishing you all rainbows and unicorns, I am,
Sincerely yours,
David in DC