Skip to content
Search

Latest Stories

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

The U.S. Capitol in autumn.

New surveys of nearly 20,000 battleground voters find bipartisan majorities say Congress ignores the public, and that more public influence would help.

Philip Yabut/Getty Images

Americans Say the People Can Lead Congress to Common Ground; It Appears They Are Right

New surveys in battleground states and districts across the country, as well as nationwide, find that Americans—both Republicans and Democrats—believe Congress does what most Americans would do less than half the time.

They also found that majorities agree that if Congress were to be more influenced by the people, it would be more likely to find common ground. In fact, surveys show that majorities of Republicans and Democrats agree on what to do about many issues that Congress is stuck on.

Keep ReadingShow less
Old Bible with background of American flag

Old Bible with background of American flag

Getty Images

When Politicians Sound Like Preachers

Andy Beshear, Kentucky's democratic governor, has a new book out this week called Go and Do Likewise: How We Heal a Broken Country. The publisher describes it as an effort to “reclaim faith as a force for good” and counter people who use religion to harm and discriminate. Given Beshear’s prominence in Democratic politics and his having been named a presidential frontrunner, it is all but certain to be a New York Times bestseller.

Beshear isn’t alone. A growing number of politicians are writing and running for office in a faith-inflected register:

Keep ReadingShow less
A person wearing a t-shirt that says, "Black Voters Still Matter."

A member of the audience wearing a 'Black Voters Still Matter' t-shirt from Georgia NAACP as Georgia Democratic Senate candidate U.S. Senator Raphael Warnock (D-GA) speaks during a Get Out the Vote rally December 3, 2022 in Hephzibah, Georgia.

Win McNamee/Getty Images

Black Voters Don’t Need Another Election-Year Lecture. They Need Government That Works All Year

Democracy cannot just be something Black Americans are asked to save every election. It has to be something we can see working in our lives between elections. Every election season, here it comes again. We are told how important this election is. We are told democracy is on the line. We are told to register, organize, bring somebody to the polls, and make sure our voices are heard. Candidates come into Black communities, sit down with Black leaders, show up at churches and community events, and remind us just how powerful our vote can be.

I believe in voting. I believe in democracy. I believe deeply in civic participation.

Keep ReadingShow less
​Construction on the proposed White House ballroom.

Construction on the proposed White House ballroom is seen from the Washington Monument on May 17, 2026 in Washington, DC. President Trump has initiated numerous construction projects on federal government properties in Washington, including demolition of the White House East Wing to build a ballroom and re-painting the Lincoln Memorial Reflecting pool blue.

Graeme Sloan/Getty Images

Democracy Must Prevail: Reset Community Meetings Process

Once a month, on the evening of the first Wednesday, I sit on an elevated platform behind a horseshoe-shaped desk in my role as a member of my community’s historic preservation commission in Urbana, Illinois.

On the lower level and at floor level, is a conference table and behind that a room filled with chairs that may all be full – but are more frequently close to empty.

Keep ReadingShow less