Re: [tips_and_tricks] RTP Lawsuit Update: Powerful Amicus Brief Filed by "WE THE PEOPLE"
- john wolfgram , my name is frank peal ,i am a disabled viet nam combat 101st airborne lrrp/ranger veteran /thank you for your work, concerning ,freedom and the peoples rights.i started out reading landrights.com after having trouble with use of my property codes etc and someone recomended the site and other sites to me .that has helped me/ and all i can help/ whom i come in contact with that have problems with property and rights / it may not mean much to anyone else but i say welcome home to you and all you do in continuing to stand up if i can help in georgia let me know/ and if you know any veterans here that do the same freedom work as you do please let me know ,frank peal----- Original Message -----From: Advancepum@...Sent: Sunday, April 02, 2006 10:09 PMSubject: [tips_and_tricks] RTP Lawsuit Update: Powerful Amicus Brief Filed by "WE THE PEOPLE"This is somthing that all real Americans should be awair of and probably be a part of.
March 28, 2006
RTP Lawsuit Update:
Powerful Amicus Brief Filed
California attorney John Wolfgram, in conjunction with the Constitutional Defender Association and attorney Cyrus Zal, recently submitted an Amicus brief to the U.S. Court of Appeals in Washington, DC arguing on behalf of the We The People Foundation plaintiffs in the landmark Right-to-Petition lawsuit, We The People vs. The United States, case No. 05-5359.
Wolfgram, a Vietnam veteran and constitutional scholar, penned the Amicus (friend of the Court) brief arguing that our form of government, based upon the sovereignty of the People, requires that it must be held accountable to the People through the substantive First Amendment Right of Petition. In his brief, Wolfgram succinctly reviews for the court the historical basis for the Right, particularly its roots in the Magna Carta of 1215.
Wolfgram argues that the Right of Petition includes the Right to subject and force government into a compulsory and effective legal process through the judiciary -- just as the law would subject any other party.
Although Wolfgram does not extensively address the matter of withholding taxes to secure just Redress, he does go to some length to remind the court that while Magna Carta explicitly provided for lawful, violent rebellion to secure effective Justice, the purpose of such declaratory language was not to "legalize" rebellion per se, but to insure that the King understood it was through the threat and demonstration of pending violence that substantive Justice could peacefully be secured. Hence, by analogy, the real purpose of our Second Amendment in relation to the Petition clause is revealed.
Wolfgram argues that it is within this historical and legal framework -- aimed toward the furtherance of a "more perfect union", (and as a much preferred alternative to violence), that the peaceful withholding of taxes from a government unwilling to subject itself to the compulsory process of law and to be held reasonably accountable for its usurpations of power must, without reservation, be considered fully justified.
As Wolfgram cites from the U.S. Supreme Court, "The right to sue and defend in the courts is the alternative of force. In an organized society, it is the right conservative of all other rights, and lies at the foundation of orderly government." Chambers v. Baltimore &Ohio R.R, 207 U.S. 142, 148 (1907).
In the end, Wolfgram concludes compellingly that the 800-year history and very existence of Western Civilization might not have been possible but for the capstone Right to Petition.
Our many thanks to John Wolfgram and Cyrus Zal for contributing this unique perspective for the consideration of the U.S. Court of Appeals and the People of this nation.
Click here to read Wolfgram's Amicus brief.
Click here to read Wolfgram's previous law review article, "How the Judiciary Stole the Right to Petition"
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