When our Founding Fathers believed they had been abused beyond decency, they documented the abuses and declared their collective Independence from their abusive Government.  They listed these abuses in the Declaration of Independence and acknowledged “Governments are instituted among Men, deriving their just powers from the consent of the governed.  That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or abolish it; and to institute new Government.”

            Please accept this letter as an exercise of our 1^st Amendment right to petition the Government for redress of Grievances.  We are requesting under a petition for a Mandamus order that the Justices of the United States Supreme Court address the current condition of our Federal Government.  Our Legislative and Executive Branches have usurped the powers granted to them by the United States Constitution.  Present and past administrations have taken powers and/or rights that they were never given and used these usurpations against the Constitution they have sworn to preserve, protect and defend.

Presidential Oath

"I do solemnly swear (or affirm) that I will faithfully execute the office of President of the United States, and will to the best of my ability, preserve, protect and defend the Constitution of the United States."

Congressional Oath

I do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter: So help me God.

            The Founding Fathers first attempt to establish a rule of law for the United States was the Articles of the Confederation.  Because of the lack of Power provided to the Federal Government, the Founding Fathers re-assessed the role of Federal and State Governments and established The United States Constitution.  The Framers designed our Government to have three separate but equal branches of Government.  The powers of each branch are specifically stated in the Constitution.

            The Framers granted specific Powers to the Federal Government.  The list was made specific because the Federal Government needed some overall control but only in the seventeen areas described in the Constitution.  There are multiple references throughout the Federal Papers that our Federal Governments role was designed purposely to be limited.  The most compelling argument is found in Alexander Hamilton’s writing under the Pseudonym Publius in Federal Paper #84; “Why, for instance, should it be said that the liberty of the press shall not be restrained, when no power is given by which restrictions shall be imposed?”   Hamilton used this argument when he was arguing against the Bill of Rights being attached to the Constitution. 

            To calm the fears of the “Anti-Federalists” that the Federal Government might usurp its authority, the 9^th and 10^th Amendments were included in the Bill of Rights.  The 9^th Amendment protects the citizens from the Government using granted Constitutional powers to deny other rights “retained by the people”.  The 10^th Amendment granted all powers not delegated to the Federal Government to the States, or the People.  It is clear that each was written to protect the ‘People of the United States” against Federal encroachments on their Rights.  A brief review of the Framers notes will prove that the Framers took painstaking efforts to prevent our Government from becoming a Government similar to the British Government they overthrew.  As Thomas Jefferson stated in 1809, “Aware of the tendency of power to degenerate into abuse, the worthies of our country have secured its independence by the establishment of a Constitution and form of government for our nation, calculated to prevent as well as to correct abuse.”  Unfortunately, our government is steadily becoming the Government our Fore Fathers revolted against.  We are once again seeing a “design to reduce the citizens under absolute Despotism.”

            Our petition for mandamus order respectfully requests the Honorable Justices of the United States Supreme Court to re-assume the role for which their branch was originally designed; to determine if the acts and/or laws of the Executive and Legislative Branches are allowed by our Constitution.   As stated in Federal Paper #78, “The interpretation of the laws is the proper and peculiar province of the courts.  A constitution is, in fact, and must be regarded by the judges as, a fundamental law.”  “But it is easy to see that it would require an uncommon portion of fortitude in the judges to do their duty as faithful guardians of the Constitution, where legislative invasions of it had been instigated by the major voice of the community.”  However, the major voice no longer belongs to the People, but to the Governing Body. 

            The following is a list of usurpations by our Federal Government:

-Violation of Article I, Section 8 of the Constitution; To borrow money on the credit of the United States.  Past and Present administrations have spent and allocated money that the Federal Government does not have.  China along with other Countries and entities are no longer buying US debt.  The Government has used the Federal Reserve to print more money which has lessened the value of our dollar and created the risk of inflation.  The reckless spending and lack of a saving plan has put our AAA rating in jeopardy.  Therefore the United States does not have Credit to continue to borrow trillions of dollars.  Even the head of the Executive branch that authorizes the spending/borrowing stated on June 17, 2009; “But the long term deficit and debt that we have accumulated is unsustainable.  We can’t keep on just borrowing from China. We have to pay interest on that debt, and that means we are mortgaging our children’s future with more and more debt.”  If the Executive branch is expressing belief that the United States has accumulated too much debt, then we do not have the Credit available to continue to borrow trillions of Dollars.  

-Violation of Article I, Section 8 of the Constitution; To borrow money on the credit of the United States. Although it is not listed in the Constitution, it is listed as a complaint in the Declaration of Independence and therefore worthy of a review; For imposing taxes on us without our consent.  This was also known as “no Taxation without Representation.”  Citizens over the age of 17 have the right to vote for their respective leaders.  Therefore, the voters do have representation.  However, the current debt being accumulated by our Government is going to be repaid by citizens under 18, our children and other generations that have yet to be born.  No one can deny that generations will have to pay down our current and future debt, including our President based on his quote listed in the 1^st Violation.  These citizens are not able to vote, yet their money will be paying the tax bill.  They are being taxed without the ability to choose representation.  This excessive taxation of the Non-voting public is also a Bill of Attainder upon them.  They are being punished for the inability of earlier generations to elect financially responsible public officials.

-Violation of the Preamble of the Constitution and the oath of Office; provide for common defence, promote general Welfare.    The Federal Government has neglected its duty to protect its citizens by failing to secure our borders.  Despite the known threats of terrorists plotting against the United States, illegal entries into the United States are still ignored along our Northern and Southern Borders.  It is known to our Government that a percentage of the people entering the United States illegally are committing crimes in the United States.  There are also a percentage of illegal immigrants who have used our federal and state resources to the point of depletion; public hospital closings in California and other South-Western states, strains on the state education departments, etc.  Thus denying general welfare services to the legal, taxpaying and constitutionally protected citizens due to lack of funding.  The Federal Government must be compelled to enforce existing immigration laws.  The provision of federal resources to aid in any way whatsoever illegal immigrants constitutes harboring a fugitive and is a criminal act.  In cases where such immigrants are terrorists and known enemies of the state, such support amounts to providing “aid and comfort to the enemy” and is a clear act of treason.

-Violation Article II, Section 1of the Constitution; He (the President) shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law: but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments.  Past and present administrations have appointed individuals to head various new Federal Departments and named appointment title as Czar.  The majority of these appointments were neither approved by Congress nor has Congress vested the Power to the President to create this type of officer. 

-Violation of the 1^st Amendment; Abridging the Freedom of the Press.   The current administration has restricted access of the free press to 3 events since the inauguration.  Vice President Biden met with the United Auto Workers Union in Florida and President Obama met with the Lady UConn Basketball team.  While these events may seem small and unimportant, both events prohibited the free press from public events.  Vice President Biden and President Obama are public servants and when they participate in events on the people’s tax dollars, these events should be open to the public or the free media.  A late addition to this violation is the President’s exclusive show on the ABC network.  While the President has a right to express his opinion to a proposed plan, the public has the right to have questions asked from all view points, not just those of the selected networks.  Had he been determined to be campaigning, FCC rules would have called for equal time.  The President’s use of scripted questions at news conferences also infringes on the freedom of the press by denying them opportunities to ask their own questions which may not be covered in the President’s opening statement.  If these types of infringements are allowed to continue, a precedent could be set for other types of press exclusions.

-Violation of the 1^st Amendment; Petition the Government for a redress of Grievances.   The voting and passing of the Stimulus bill on February 18, 2009 prohibited the People the right to express their grievances against all or parts of the Stimulus bill.  The 9 hour time frame between the final printed bill of over 1,000 pages and the vote prohibited not only Legislators but also the public the right to read and understand the bill being passed.  No legislator has come forward to say that they have read the bill before voting for it.  A motion to extend the voting for bill review was denied.  Therefore sufficient time was not given to the Legislators nor to the public to understand the bill or for the People to express their concerns to Congress.  The House or Representative’s recent vote on the “Cap and Trade” bill is a similar violation.  An Amendment of over 300 pages was added to the bill in the early morning of the day of the vote.  Sufficient time was not given for the amendment to be properly reviewed by either the Representatives or the public. 

-Violation Article 1, Section 8; To make all Laws which shall be necessary and proper for the carrying into Execution the foregoing Powers… As stated above, not one Congressional leader has publically acknowledged that he/she was able to read the 1073 page stimulus bill prior to voting in favor of it.  By voting for and passing a bill that was unread, they are incapable of knowing if the laws they passed were necessary and proper.  An example of the negligence of not reading the bill was Senator Dodd, who acknowledged not knowing or understanding the wording concerning executive bonuses.  Yet, this section of the bill was supposedly written by him.  Congress continues to be derelict in its duty by not providing adequate time for thoughtful consideration and review of proposed legislation within either House.

-Violation Article 1, Section 8; To make all Laws which shall be necessary and proper for the carrying into Execution the foregoing Powers… Another example of violation of this section is Earmarks being attached to bills.  These Earmarks are known to benefit small percentage of Americans, usually within a particular state or county, yet Federal money is being used.  Federal earmarks for State or county projects also violate the 10^th Amendment.  The Power to fund state level projects is not given to the Federal Government, therefore the power belongs to the State or the people.

-Violation Article 1, Section 5; Each House…punish its members for Disorderly behavior…   In past and present Congressional sessions, leaders have been accused of wrong-doings.  Committees within each House are obligated to investigate these allocations and discipline their respective members.  The respective Committees are not pursuing allegations of kick-backs, campaign finance violations, paid-for political appointments, etc.  Multiple members of Congress have been tied to improper political schemes and no-bid government contracts yet the respective Committees refuse to investigate and therefore publically confirm or deny any wrongdoing.

-Violation 10^th Amendment and Article 1, Section 10; No State Shall...pass any...law impairing the Obligation of Contracts,  Violation 5^th and 14^th Amendment; ..Nor be deprived of life, liberty, or property, without due process of law, Violation Article 1, Section 9; No Bill of Attainder or ex post facto Law shall be passed.   The Federal Government has loaned money to multiple companies through a program known as TARP.  In some cases, the Government has used the loans as leverage against some of these companies to dictate the direction of the company.  The most publicized of these companies is General Motors.  General Motors was forced to remove its CEO, it was forced to restructure its repayment to bond holders and forced into untimely negotiations with the Union.   This restructuring violated contracts that bond holders, stock holders and Union members held with General Motors.  It is also a violation of Due Process since the executives, stock and share holders have been punished, financially, without the right of a trial or due process.  The 10^th Amendment applies because the Federal Government does not have the Power given to it by the Constitution to impair contracts.  The State Governments are also prohibited from interfering based on Article 1, section 10.  The Federal and State Governments have no right to interfere in free market businesses where contracts apply.  The Governments interference with bonuses, salaries, Board and company positions must also be viewed as a Bill of Attainder since it targets a specific group.  The ‘Finance Czar’ authority to alter pay structure is an ex post facto law because the executives are being punished, financially for signing a legal contract. 

-Violation 10^th Amendment; The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.   The Federal Government has established multiple departments within itself to establish and execute Federal regulations.  These Powers of Federal Regulations were not given to the Federal Government by the Constitution.  The executive branch has the authority to appoint officials but, unless the States Provide the Power of Federal Authority over them, the officials have no right or Power to make and enforce Federal Laws.  Therefore Federal Regulations on Minimum wage standards, gun control, housing, education, abortion, proposed emission standards, future Universal Health Care Proposals, etc. are all usurpations of Federal Power.  Some of these usurpations conflict with existing state laws. 

            While this may be a difficult decision after so much usurpation, it does not make it correct or law.  Because an illegal act has never been stopped, it does not mean that the act becomes legal.  As stated by Hamilton in Federal Paper #78, “…whenever a particular statute contravenes the Constitution, it will be the duty of the judicial tribunals to adhere to the latter and disregard the former.”     This opinion was echoed in U.S. v. Woodley, “A practice condemned by the Constitution cannot be saved by historical acceptance and present conveniences.”  The last paragraph of Article I, Section 8 grants the power “to make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.  An argument could be made for these usurpations are covered under the ‘Necessary and Proper’ clause.  However, the usurpations listed are not associated with neither the ‘foregoing Powers’ nor are they included as ‘all other powers vested by this Constitution.’

            We are not requesting an Advisory Opinion.  We are petitioning for a Mandamus Order for the Supreme Court to review the listed usurpations as well as any proposed legislation for Constitutional legality.  Since these are Federal laws and because the Stimulus Bill, Omnibus Bill, proposed Cap and Trade Bills and Czar appointments have immediate and significant impact to our Country, a Mandamus Order is justified since these matters need to be addressed without the delay of normal judicial process. 

            We, as United lay citizens, are respectfully requesting the Justices of the United States Supreme Court to perform their sworn responsibility to uphold the Constitution.  If any and/or all of the Supreme Court Justices believe that any of these laws have been passed, but violate the limits established by the Constitution, then the acts and/or laws need to be declared Unconstitutional and void.  To use Alexander Hamilton’s words a final time, “No legislative act, therefore, contrary to the Constitution, can be valid.” 

            The Supreme Court was created to preserve the Constitution and the rights of the People.  It is blatantly obvious that our Executive and Legislative Branches are no longer representative of the People and they are not being restrained by the limitations of power established by the Constitution.  If the Supreme Court is unwilling to reign in the usurping branches of our Government, then it is just as guilty in the violating the Constitution, which each of you has sworn to protect. 

Supreme Court Oath

"I, [NAME], do solemnly swear (or affirm) that I will administer justice without respect to persons, and do equal right to the poor and to the rich, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as [TITLE] under the Constitution and laws of the United States. So help me God."

            Justice Marshall’s entire opinion of the Court in Marbury v. Madison supports everything issued in this petition however his conclusion is the most relevant.  “…it is apparent that the framers of the Constitution contemplated that instrument as a rule for the government of courts, as well as of the legislature.  Why otherwise does it direct the judges to take an oath to support it?  This oath certainly applies in an especial manner to their conduct in their official character.  How immoral to impose it to them, if they were to be used as the instruments, and the knowing instruments, for violating what they swear to support?  The oath of office, too imposed by the legislature, is completely demonstrative of the legislative opinion on this subject.  It is in these words: ‘I do solemnly swear that I will administer justice without respect to persons, and do equal right to the poor and to the rich; and that I will faithfully and impartially discharge all duties incumbent on me as -----, according to the best of my abilities and understanding agreeably to the Constitution and the laws of the United States.’

            Why does a judge swear to discharge his duties agreeably to the Constitution of the United States, if that Constitution forms no rule for his government?  If it is closed upon him, and cannot be inspected by him?  If such be the real state of things, this is worse than solemn mockery.  To prescribe, or take this oath, becomes equally a crime.  It is also not entirely unworthy of observation that, in declaring what shall be the supreme law of the land, the Constitution itself is the first mentioned; and not the laws of the United States generally, but those only which shall be made in pursuance of the Constitution, have that rank.  Thus, the particular phraseology of the Constitution of the United States confirms and strengthens the principle, supposed to be essential to all written constitutions, that a law repugnant to the Constitution is void; and that courts, as well as other departments, are bound by that instrument.”

            I conclude with the words of Justice Thomas; “…, this approach recognizes the basic principle of a written Constitution.”We the people" adopted a written Constitution precisely because it has a fixed meaning, a meaning that does not change. Otherwise we would have adopted the British approach of an unwritten, evolving constitution. Aside from amendment according to Article V, the Constitution’s meaning cannot be updated, or changed, or altered by the Supreme Court, the Congress, or the President.”

Drafted by Mathew M. Benol