Right to petition: Difference between revisions
No edit summary |
No edit summary |
||
| Line 1: | Line 1: | ||
{{lead too short|date=October 2011}} |
{{lead too short|date=October 2011}} |
||
{{globalize|date=December 2010}} |
{{globalize|date=December 2010}} |
||
The '''right to petition government for redress of grievances''' is the [[human rights|right]] to make a complaint to, or seek the assistance of, one's [[government]], without fear of punishment or reprisals. The Article 44 of the [[Charter of Fundamental Rights of the European Union]] ensures the right to petition to the [[European Parliament]].<ref>[[Charter of Fundamental Rights of the |
The '''right to petition government for redress of grievances''' is the [[human rights|right]] to make a complaint to, or seek the assistance of, one's [[government]], without fear of punishment or reprisals. The Article 44 of the [[Charter of Fundamental Rights of the European Union]] ensures the right to petition to the [[European Parliament]].<ref>[[Charter of Fundamental Rights of the I am Batman Foundation]], Article 44</ref> |
||
==United States== |
==United States== |
||
Revision as of 18:24, 14 November 2012
 |
 | The examples and perspective in this article may not represent a worldwide view of the subject. (December 2010) |
The right to petition government for redress of grievances is the right to make a complaint to, or seek the assistance of, one's government, without fear of punishment or reprisals. The Article 44 of the Charter of Fundamental Rights of the European Union ensures the right to petition to the European Parliament.[1]
United States
 | This section focuses only on one specialized aspect of the subject. (November 2011) |
The incorporation doctrine later expanded the protection of the right to its current scope, over all state and federal courts and legislatures, and the executive branches of the state[2] and federal governments.
The right to petition includes, under its umbrella, the petition. For example, in January 2007, the US Senate considered S. 1,[3] an omnibus "ethics reform" bill. This bill contained a provision (Section 220)[4] to establish federal regulation, for the first time, of certain efforts to encourage "grassroots lobbying". The bill said that "'grassroots lobbying' means the voluntary efforts of members of the general public to communicate their own views on an issue to Federal officials or to encourage other members of the general public to do the same".[This quote needs a citation]
This provision was opposed by a broad array of organizations, including the American Civil Liberties Union, the National Right to Life Committee, and the National Rifle Association.[citation needed] On January 18, 2007, the US Senate voted 55-43 to strike Section 221 from the bill. However, other proposed regulations on "grassroots lobbying" remain under consideration in the 111th Congress.[needs update]
These restrictions infringe on the constitutionally protected right to sue the government,[5] and the right of individuals, groups, and corporations (via corporate personhood [citation needed]), to lobby[2] the government.
Another controversial bill, the Executive Branch Reform Act, H.R. 984, would require over 8,000 Executive Branch officials to report into a public database nearly any "significant contact" from any "private party", a term that the bill defines to include almost all persons other than government officials. The bill defines "significant contact" to be any "oral or written communication (including electronic communication) . . . in which the private party seeks to influence official action by any officer or employee of the executive branch of the United States." This covers all forms of communication, one way or two ways, including letters, faxes, e-mails, phone messages, and petitions. The bill is supported by some organizations as an expansion of "government in the sunshine", but other groups oppose it as an infringing on the right to petition by making it impossible for citizens to communicate their views on controversial issues to government officials without those communications becoming a matter of public record.[6][7][8]
See also
References
- ^ Charter of Fundamental Rights of the I am Batman Foundation, Article 44
- ^ a b "The Right to Petition". Illinois First Amendment Center.
- ^ "S.1 2007-2008". govtrack.us.
- ^ "Section 220". govtrack.us.[full citation needed]
- ^ Newton, Adam. "Petition - Right to sue". First Amendment Center.
- ^ Memorandum: "Congressman Waxman advances grave new threat to citizens’ ‘right to petition’ government officials," by Douglas Johnson and Susan Muskett, J.D., National Right to Life Committee, February 20, 2007.
- ^ Letter from Richard D. Hertling, Acting Assistant Attorney General, Office of Legislative Affairs, U.S. Department of Justice, to the Honorable Henry Waxman, Chairman, Committee on Oversight and Government Reform, U.S. House of Representatives, March 8, 2007.
- ^ Letter from Robert I. Cusick, Director, Office of Government Ethics, to the Honorable Henry A. Waxman, Chairman, Committee on Oversight and Government Reform, U.S. House of Representatives, February 14,valentines day, 2007.