Skip to content
Search

Latest Stories

Follow Us:
Top Stories

Petitioning Congress, Restoring a Basic Constitutional Right

Opinion

Petitioning Congress, Restoring a Basic Constitutional Right

A person signing papers.

Pexels, Cytonn Photography

Now and then, like an old but long-forgotten friend, something we once valued greatly involuntarily comes to mind, reminding us how much we have changed. So, it is with our right to petition the members of Congress.

Lest we forget…American colonists went to war to preserve their ability to complain to their government. In 1775, members of the Second Continental Congress sent George III a petition, asking that they be allowed to negotiate with him in order to avoid conflict. As British subjects, they could expect this appeal would reach the king as petitioning had been granted by the English monarchy for nearly a century. But, George flatly refused to accept the colonists’ plea, dismissively branding them as traitors. Largely out of frustration with this response, the assembled legislators voted to declare the colonies’ independence and settle this issue on the battlefield. Thus, not surprisingly, when the Bill of Rights was drafted after the Revolution, petitioning the government was enshrined in the First Amendment as a fundamental right that could never be “abridged.”


Fast forward to the 1990s: email was becoming widely used and members of Congress were wary about how they would be able to deal with this new means of communication. Their staff was already swamped by the daily avalanche of letters and the legislators could not see how they could manage a much greater deluge, arriving through the Internet. So, quietly, without putting this policy into law, the lawmakers changed the rules for corresponding with them: henceforth, only mail from constituents would be accepted. Inquiries, comments, suggestions, and criticism from persons residing outside their Congressional districts and (for Senators) states would be refused. Ironically, members of the U.S. Congress took their stand on the side of George III.

Today, petitioning any and all members of Congress remains an inconvenient, neglected right. While it is unequivocally affirmed in our Constitution (as a “cognate” right, promoting democracy) and unambiguously protected by federal law, the scope of petitioning has been greatly reduced: out of 535 members of the legislative branch, you and I have access only to three—our two Senators and one member of the House. (Groups can still send petitions to all legislators: it’s only individuals who are so limited.) As far as I know, over the past 30 years, not a single member of Congress has argued that this residency requirement is unconstitutional, let alone proposing to get rid of it. (When you hear a lawmaker suggest “Write to your Congressman,” he is really telling you that your opinion doesn’t matter to him.) Meanwhile, lobbyists, special-interest groups, and—of course—donors face no such barriers. Money and powerful influence can flow uninterrupted across district and state lines, while ordinary citizen mail cannot.

What is to be done about this unlawful practice that is so inimical to engaging ordinary Americans with the legislative process? (Public opinion polls indicate that the perceived indifference of lawmakers to public interests is making Congress increasingly unpopular.) If members of the House and Senate violate the Constitution, we, logically, might seek a remedy in the courts, but there’s no sympathetic ear there either. Recently, a case that I had brought in Connecticut, challenging petition restrictions, was dismissed by a district court judge on the grounds that Congressional communications are a “legislative activity,” and, as such, enjoy “absolute immunity” from judicial review. And Congress, well…that’s the door that’s already tightly shut.

It seems that our best hope lies with technology. In the age of AI, arguments about Congressional offices being overwhelmed by mass mailings no longer hold any water. They can no longer justify limitations on restricting public access. To drive home this point and convince Congress to change its ways, citizens will need to make use of the petition itself—by organizing a massive grassroots campaign to advocate for the restoration of this once sacred, inviolable, and unrestricted right. Petitioning is as important nowadays as the Founders intended it to be, not as George III wanted it to be.

John V. H. Dippel, an independent historian, has written several books on various topics in modern American and European history. In the late 1960s, he successfully petitioned several Senators to take up the cause of increasing First Amendment rights for members of the U.S. military. He welcomes the chance to lay out the case for doing so now through The Fulcrum.

Read More

As the Earth Rumbles, the Sky Calls, LaLu, the Eagle, Wants To Speak!

A reflection on freedom, democracy, and moral courage in America, urging citizens to stand up before our values fly away.

Getty Images, James Gilbert

As the Earth Rumbles, the Sky Calls, LaLu, the Eagle, Wants To Speak!

As a professional dancer, I’ve always been grounded, but the earth is rumbling, and I am uncharacteristically unsteady. I’m not alone in this feeling. Shifting cultural values are rattling our sense of moral integrity. Unfathomable words (calling a congresswoman and the people “garbage”), acts of cruelty (killing survivors stranded in the ocean), or calling a journalist “piggy,” are playfully spun as somehow normal. Our inner GPS systems are not able to locate the center.

I’m climbing trees these days in order to get up off the earth. At the age of 74, it is frankly exhilarating – I am more cognizant of the danger, so I must be attentive. All my senses are buzzing as I negotiate the craggy shape of a giant, catalpa tree. I settle into a large, gently curving limb, which hugs my body like a nest. My cries enter the vastness of the universe, and the birds sing me to sleep. I’m trying to locate myself again. Dreams are vivid up in the air.

Keep ReadingShow less
Social media apps on a phone

A Pentagon watchdog confirms senior officials shared sensitive military plans on Signal, risking U.S. troops. A veteran argues accountability is long overdue.

Jonathan Raa/NurPhoto via Getty Images

There’s No Excuse for Signalgate

The Defense Department Inspector General just announced that information shared by Defense Secretary Hegseth in a Signal chat this spring could have indeed put U.S. troops, their mission, and national security in great peril. To recap, in an unforced error, our Defense Secretary, National Security Advisor, and Vice President conducted detailed discussions about an imminent military operation against Houthi targets in Yemen over Signal, a hackable commercial messaging app (that also does not comply with public record laws). These “professionals” accidentally added a journalist to the group chat, which meant the Editor-in-Chief of the Atlantic received real-time intelligence about a pending U.S. military strike, including exactly when bombs would begin falling on Yemeni targets. Had Houthi militants gotten their hands on this information, it would have been enough to help them better defend their positions if not actively shoot down the American pilots. This was a catastrophic breakdown in the most basic protocols governing sensitive information and technology. Nine months later, are we any safer?

As a veteran, I take their cavalier attitude towards national security personally. I got out of the Navy as a Lieutenant Commander after ten years as an aviator, a role that required survival, evasion, resistance, and escape training before ever deploying, in case I should ever get shot down. To think that the Defense Secretary, National Security Advisor, and Vice President could have so carelessly put these pilots in danger betrays the trust troops place in their Chain of Command while putting their lives on the line in the service of this country.

Keep ReadingShow less
A Democrat's Plan for Ending the War in Gaza
An Israeli airstrike hit Deir al-Balah in central Gaza on Jan. 1, 2024.
Majdi Fathi/NurPhoto via Getty Images

A Democrat's Plan for Ending the War in Gaza

Trump's 21-point peace plan for Gaza has not and will not go anywhere, despite its adoption by the UN Security Council. There are two reasons. One is that Israeli Prime Minister Benjamin Netanyahu and his ultra-orthodox nationalist allies will not agree to an eventual Palestinian state in the occupied territories. The other is that Hamas will not stand down and give up its arms; its main interest is the destruction of Israel, not the creation of a home for the Palestinian people.

Democrats should operate as the "loyal opposition" and propose a different path to end the "war" and establish peace. So far, they have merely followed the failed policies of the Biden administration.

Keep ReadingShow less
How the Unprecedented Redistricting War Is Harming Election Officials, Politicians, and Voters

The Indiana State House is the site of the latest political fight over new congressional maps for the 2026 election.

Lee Klafczynski for Chalkbeat

How the Unprecedented Redistricting War Is Harming Election Officials, Politicians, and Voters

The redrawing of states’ congressional districts typically happens only once per decade, following the release of new U.S. Census data. But we’re now up to six states that have enacted new congressional maps for the 2026 midterms; that’s more than in any election cycle not immediately following a census since 1983-84. Even more are expected to join the fray before voters head to the polls next year. Ultimately, more than a third of districts nationwide could be redrawn, threatening to confuse and disenfranchise voters.

The truly unusual thing, though, is that four of those states passed new maps totally voluntarily. Texas, Missouri, and North Carolina all redrew their districts after President Donald Trump urged them to create more safe seats for Republicans to help the GOP maintain control of the House of Representatives next year, and California did so in order to push back against Trump and create more safe seats for Democrats. (The other two states redrew for more anodyne reasons: Utah’s old map was thrown out in court, and Ohio’s was always set to expire after the 2024 election.) To put that in perspective, only two states voluntarily redistricted in total in the 52 years from 1973 to 2024, according to the Pew Research Center.

Keep ReadingShow less