Skip to content
Search

Latest Stories

Top Stories

Petitioning Congress, Restoring a Basic Constitutional Right

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.

Sign up for The Fulcrum newsletter

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

We’ve Collectively Created the Federal Education Collapse

Students in a classroom.

Getty Images, Maskot

We’ve Collectively Created the Federal Education Collapse

“If we make money the object of man-training, we shall develop money-makers but not necessarily men.” - W.E.B. Du Bois

The current state of public education has many confused, anxious, and even fearful. Depending on the day, I feel any combination of the above, among other less-than-ideal adjectives. Simply, the future is uncertain. Schools are simultaneously cutting budgets and trying to remain relevant, all during an increasingly tense political climate.

Keep ReadingShow less
Addressing Economic Inequity Among Domestic Violence Survivors

A person holding a stack of dollar bills that are flying away.

Getty Images, PM Images

Addressing Economic Inequity Among Domestic Violence Survivors

The 2024 film, “Anora,” about a young woman victimized by sex trafficking, recently won five Oscars at the Academy Awards. Perhaps, it is a signal of more awareness and less stigma surrounding the pervasiveness of domestic violence at all levels of society.

The ongoing lawsuits between actors Blake Lively and Justin Baldoni claiming sexual harassment and violence threat allegations around their film, “It Ends With Us,” about a relationship scarred with domestic violence, demonstrates the thin line between real life and on-screen adaptations.

Keep ReadingShow less
Will Our Democracy Survive? Will it Prove Fragile or Resilient?
black white and red star flag
Photo by IIONA VIRGIN on Unsplash

Will Our Democracy Survive? Will it Prove Fragile or Resilient?

As the new administration settles in, many ask: How resilient is our democracy?

Since the signing of the U.S. Constitution in 1787, America has undergone many challenges, but today, the foundational democratic system faces an alarming test. Amid this uncertain moment, key questions arise: Will our government's system of checks and balances withstand this unprecedented challenge, and how should ordinary citizens respond when their government appears to be moving away from its democratic ideals?

Keep ReadingShow less
The Worst Gerrymandered Districts: March 2025 Update

An oversized ballot box surrounded by people.

Getty Images, J Studios

The Worst Gerrymandered Districts: March 2025 Update

The Fulcrum has been covering gerrymandering and its effects for over five years, beginning with a popular piece by David Meyers, which identified the 12 worst examples of gerrymandering in the House of Representatives, following the Supreme Court ruling of the same year. In that ruling, the court ruled that claims of partisan gerrymandering present political questions beyond the reach of federal courts. Essentially, the ruling stated that while partisan gerrymandering might be "incompatible with democratic principles," it is not within the jurisdiction of federal courts to address such claims.

This landmark case sparked considerable debate about the role of the judiciary in addressing political issues by leaving the responsibility of addressing gerrymandering to state courts and legislatures, as well as Congress.

Keep ReadingShow less