Legal Question in Constitutional Law in Texas

First Amendment: Right to Petition

Historically speaking, we have all heard of our First Amendment Right to Petition our government for a redress of grievances. When in our 200+ year existence as the United States has this action ever been performed? Is it limited to the Legislative branch or can ''We'' also petition the Executive and Judicial? Was/were any of the petitions successful in its/their attempt to force government to change? Has this important right simply been unused, or even worse, have petitions just been ignored by government or gone unreported only to die when interest wained?


Asked on 5/15/03, 2:18 pm

1 Answer from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

Re: First Amendment: Right to Petition

I think you are reading the word "petition" too narrowly. While a "petition" -- as a noun -- is often thought of as a document containing signatures in support of a specified goal, in verb form the word means simplu "to request." Such a request can take any form, and need not be the kind of petition described above. The First Amendment uses the word petition as a verb, granting the right to petition the government for redress of grievances.

For an example of the official use of the verb form, in certain kinds of court cases the party seeking relief is called a "petitioner" rather than a "plaintiff." This doesn't mean that he or she gathered signatures to present to the court, but rather that he or she is making a request of the court. I have filed many court documents on behalf of petitioners, and have not once gathered signatured in support of a client's position.

Citizens can petition the government in a number of ways, such as writing letters to government officials, speaking at public hearings, or hiring professional lobbyists. I rarely hear of an agency or individual in government who is unwilling to at least hear the concerns raised by interested citizens (though, of course, such high-ranking officials as the President cannot personally make time to hear everyone who wants to be heard), so I can't agree with you that the right has been unused or lost.

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Answered on 5/18/03, 7:42 pm


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