A New Birth of Freedom

“That we here highly resolve that these dead shall not have died in vain-

That this Nation, under God, shall have a New Birth of Freedom-

and That Government of the People, By the People, For the People,

Shall not perish from the Earth.”

A. Lincoln November 19, 1863, Site of the Battle of Gettysburg

The First Amendment Right to Petition Government for a Redress of Grievances!

Under Procedural Due Process citizens of Illinois have a Fundamental Right to be free from the coercive power of government when adjudication processes are not Fair and Impartial. They have a right to “An Impartial Arbiter”.

Examination of Supreme Court Doctrine – The First Amendment  Right to Petition.

  • The Right to Petition must include a Substantive Right of Access to Courts.
  • The Right to Petition must include Mandatory Governmental Response.
  • In the case of NAACP V Button 371 U.S.415,444 (1963), the U.S. Supreme Court said:

Where litigation was “a form of Political Expression” and there was a “Presence of Collective Activity”

the court would uphold “the First Amendment Right to Petition Government for a Redress of Grievances”.

U.S. Constitution

First Amendment Bill of Rights

To Assemble and Petition

14th Amendment

Equal Protection- Due Process

Illinois Constitution 1970

Article I Bill of Rights

To Assemble and Petition

Article I    Section 2

Due Process – Equal Protection

The 14th amendment to the U.S. Constitution, including Equal Protection-Due Process, was adopted to specifically support the application, to the states, of the Civil Rights Act of 1866. Illinois applies the same analysis for Equal Protection used by the Federal Courts. Federal and Illinois decisions require ” compelling governmental purpose” for any state to ”interfere with fundamental rights such as Freedom of Expression, voting,…”.

Ex Parte Virginia, 100 US 339, 346-47 (1880) The 14th amendment applies to any “Agency of the State”, Legislative-Executive-Judicial.