A constitution is written by citizens to establish the government they live under. The prime purpose of a constitution is to delineate how government will operate and function. Therefore, it is incumbent upon government to abide by the provisions of its Constitution and if it fails to do so, it is an affront to all citizens and it is self-evident that all citizens suffer equally when such offenses occur. To be sure, our government violates a provision of our Constitution, it is the unalienable right of any citizen or any group of citizens to petition our government for redress of this grievance. Unfortunately, in the United States of America, this unalienable right has been taken away.

Following are actions taken by one citizen in an attempt to address the constitutionality of General Agreement on Tariffs and Trade (GATT) and our resulting participation in the World Trade Organization (WTO). This Nation joined the WTO through an act of Congress in 1994.

In the latter part of 1995, the following letter of appeal was filed with the United States Supreme Court.

On December 1, 1994, the Congress of the United States of America enacted GATT and by doing so our Nation became a member of the WTO. In my opinion, the vote for GATT was unconstitutional because WTO rules and regulations supersede those of Congress and are not subject to definitive review by the Supreme Court as required by the Constitution.

Article III, Section 2, of the Constitution stipulates the Supreme Court shall have original jurisdiction in all cases affecting ambassadors, other public ministers and consuls, and those in which a State shall be part; "State" referring to both the States of our Nation and Foreign States or Nations. Therefore, the subordination of Congress and the Supreme Court of the United States of America to a foreign trade organization is a matter where the Supreme Court retains original jurisdiction and may rule upon the actions of Congress without an appeal having been filed.

As a citizen of the United States of America, I do hereby respectfully request that the Supreme Court, in accordance with Article III, Section 2, of our Constitution, review and rule upon the constitutionality of the Congressional vote for GATT and America's participation in the World Trade Organization.

The Supreme Court did not respond to the above appeal and as a result, a telephone call was made to Mr. Francis Lorson, Assistant Clerk of the Court to the Supreme Court. Mr. Lorson advised that the Supreme Court only considers cases through the "Appellate" process and if the issue raised in the above appeal were to be addressed, a case would have to be initiated in Federal District Court. However, this does not make sense because only the Supreme Court can make final decisions on issues of constitutionality and as pointed out in the original appeal, the Supreme Court should retain "Original Jurisdiction" in such matters. In any case, on March 2, 2000, a lawsuit was filed in U.S. District Court for the Southern District of Florida.  The actions in this lawsuit are as follows:

A GATT LAWSUIT
A concerned citizen acting as attorney pro se on behalf of the registered voters of the United States, files a lawsuit in Federal District court concerning the constitutionality of GATT and our participation in the WTO.

THE GOVERNMENT'S MOTION TO DISMISS THE GATT LAWSUIT
The government responds to the above lawsuit with a motion to dismiss that includes all the steps taken by the Federal Government to ensure it can act contrary to our Constitution whenever it deems necessary.

THE PLAINTIFFS RESPONSE TO THE GOVERNMENT'S MOTION TO DISMISS
The Plaintiffs respond to the government's motion to dismiss and explain why the arguments used by the government to defend its actions are also unconstitutional.

. 

 Constitution Forum.us - Copyright © 2008