Please sign the Petition below the Press Release and send to the address provided.
FOR IMMEDIATE RELEASE
PETITION FOR REDRESS SERVED ON GOVERNOR AND LEGISLATIVE LEADERS BY CITIZEN TO STOP UNLAWFUL ACTIONS: PAY RAISES FOR STATE OFFICIALS – THE AMAZON “DEAL” – AND LACK OF CIVIC EDUCATION
ALBANY, November 28, 2018 — Beginning at 10 a.m. today, Queensbury citizen and constitutional activist Robert L. Schulz, will Serve a First Amendment Petition for Redress of Grievances on the Governor and Leaders of the State Legislature regarding unlawful actions in three areas of current concern – giving unlawful pay raises to State Officials, giving unlawful state tax credits and grants to Amazon for establishing a headquarters in the state; and, for failing to uphold laws pertaining to proper civic education in New York schools. The Petition is titled “First Amendment Petition to the Government of New York State for Violations of the State and Federal Constitutions” and is an attachment to this media release.
The Schulz Petition cites specific constitutional violations for each of the three grievances and seeks a responsive answer from the governor and legislative leaders. It also provides a remedy for each violation which is in keeping with the law, according to the State and Federal Constitutions. Schulz states that the efforts and recommendations of the current “Pay Raise Commission” are null and void because they circumvent the required Legislative process as defined by provisions of the New York State Constitution, that the State must notify Amazon that it lacks the constitutional authority to provide the agreed-upon State tax credits and grants, and that the Governor direct the Regents to prescribe each course of civic education specified in Section 801 of the State Education Law.
“The laws which are meant to be upheld by those in office are being broken,” said Schulz, who has been holding government accountable for four decades. “It is past time for the People to stand up in defense of the Rule of Law in general and the laws pertaining to these issues in specific. This Petition addresses three important areas which impact our citizens greatly, where our government has not only chosen to ignore the Constitution, but the effects are economically injurious to the people. ”
Schulz is asking the media to publish the Petition as a Public Service, to make it available on all media websites, that citizens may download it, sign and mail it to the Governor at NYS State Capitol Building, Albany, NY 12224, thereby giving said citizen-taxpayer-voters an opportunity to ACT on their own behalf and in support of all other concerned citizen-taxpayer-voters.
Please copy and paste the petition below into a Word Document, print it, have as many people sign as you can but at a minimum sign it yourself and mail to:
Governor Andrew M. Cuomo
NYS State Capitol Building
Albany, NY 12224
FIRST AMENDMENT PETITION TO THE GOVERNMENT OF NEW YORK STATE FOR VIOLATIONS OF THE STATE AND FEDERAL CONSTITUTIONS
- “PAY RAISES” FOR N.Y. STATE OFFICIALS
- THE AMAZON “DEAL” WITH NEW YORK STATE
- THE LACK OF “CIVIC EDUCATION”
Pursuant to the First Amendment to the Constitution for the United States of America and Article I, Section 9 of the New York State Constitution, the undersigned hereby Petitions the Government of the State of New York for redress of grievances relating to violations of the New York State Constitution and the Constitution for the United States of America.
By and through the unalienable, individual Rights guaranteed by our State and Federal Constitutions the undersigned hereby Petitions the Governor of the State of New York and Leader of the Assembly and the Senate Majority Leader to honor their Oaths or Affirmations of office and their constitutional obligations by responding to this Petition within thirty (30) calendar days, providing a formal acknowledgement of its receipt with a rebuttal of its legal arguments and statement of facts, or demonstrating a good faith effort to comply with its remedial instructions.
WHEREAS, by Article IV, Section 4 of the Constitution for the United States of America, the People of New York State are guaranteed a republican form of government (small “r”, the philosophy, not capital “R”, the Party), empowering the Government to act only in certain ways, while purposely and patently restricting and prohibiting it from acting in certain other ways, and;
WHEREAS, the People of New York State are thus entitled, by Right, to a Government republican in form and substance, and;
COMPENSATION OF STATE OFFICIALS
WHEREAS, without a separate vote by the Legislature, a Commission (“pay raise Commission”) was established with the adoption of the Governor’s Budget to “examine, evaluate and make recommendations with respect to adequate levels of compensation, where “each recommendation… shall have the force of law” and may “supersede” other provisions of state law that conflict with the Commission’s action, (the “scheme”), and;
WHEREAS, the pay raise Commission is required to complete its work by December 10, 2018, with its recommendations to be effective on January 1, 2019, and;
WHEREAS, the scheme violates the Letter and Spirit of certain provisions of the New York State Constitution, including: 1) the mandate that compensation of members of the legislature “shall be fixed by law,” (Art. III, Section 6); 2) the mandate that “no law shall be enacted except by bill” (Art. III, Section 13); 3) the mandate that “No bill shall be passed or become a law unless it shall have been printed and upon the desks of the members [of the legislature], in its final form, at least three calendar legislative days prior to its final passage,” (Article III, Section 14); 4) the mandate that no bill shall “be passed or become a law, except by the assent of a majority of the members elected to each branch of the legislature” (Art. III, Section 14); and 5), the prohibition against an increase in compensation of the members “during, and with respect to, the term for which he or she shall have been elected,” (Art. III, Section 6) (emphasis added), and;
HEADQUARTERS FOR AMAZON.COM
WHEREAS, on November 12, 2018, New York State (“State”) and Amazon.com, Inc. (“Amazon”) executed a Memorandum of Understanding (“MOU”) to create a new corporate headquarters for Amazon in New York City that includes a commitment by the State to provide Amazon with refundable tax credits and annual monetary grants valued at $1.750 billion (the “deal”), and;
WHEREAS, under the deal, the monetary grants totaling $505 million would begin in 2019 with a grant in the amount of $33.4 million and continue for fifteen years with a final grant in 2033 of $60 million, and;
WHEREAS, under the deal, the annual tax credits would total $1.2 billion and would begin in 2019, and;
WHEREAS, in September of 2018, Amazon’s corporate value reached $1trillion and its CEO Jeff Bezos personally made $78 billion between October 2017 and October 2018 raising his personal net worth to $150 billion, and;
WHEREAS, the deal violates the Letter and Spirit of certain provisions of the New York State Constitution, including: 1) the prohibition against giving or lending the money of the State “to or in aid of any … private undertaking,” (Art. VII, Section 8.1); 2) the prohibition against giving or lending the credit of the state “to or in aid of any … public or private corporation or association, or private undertaking,” (Art. VII, Section 8.1); 3) the prohibition against contracting debt “unless such debt shall be authorized by law,” which law shall not take effect “until it shall, at a general election, have been submitted to the people, and have received a majority of all the votes cast for and against it at such election,” (Art. VII, Section 11), and
WHEREAS, Thomas Jefferson, in his 1801 inaugural address referred to the State Governments as “the surest bulwarks against anti-republican tendencies,” and;
WHEREAS, the U.S. Supreme Court has repeatedly emphasized the role of the nation’s schools in inculcating basic values. It has described the schools as places for the conveyance of the “shared values of a civilized social order” referring to education as “the very foundation of good citizenship,” and;
WHEREAS, since 1947, New York State’s Education law has mandated, “The regents shall prescribe courses of instruction in the history, meaning, significance and effect of the provisions of the constitution of the United States, the amendments thereto, the declaration of independence, the constitution of the state of New York and the amendments thereto, to be maintained and followed in all of the schools of the state. The boards of education and trustees of the several cities and school districts of the state shall require instruction to be given in such courses, by the teachers employed in the schools therein. All pupils attending such schools, in the eighth and higher grades, shall attend upon such instruction” (emphasis added), and;
WHEREAS, the regents and boards of education and trustees of the several cities and school districts of the State do not now, nor have they ever complied with said law, notwithstanding the federal constitution’s guarantee of a republican form of government in the State, and;
WHEREAS, the overwhelming majority of the citizens of New York State do not know there is a New York State Constitution, much less whether the Government is in compliance with its terms and conditions, and;
THE UNALIENABLE RIGHT TO A RESPONSIVE ANSWER
WHEREAS, no court has declared the full rights of the people and obligations of the Government under the last ten words of the First Amendment to the Constitution for the United States of America or under the first nineteen words of section 9 of the Bill of Rights of the New York Constitution (the “petition clause”), and;
WHEREAS, a thorough, historical review of the petition clause reveals the Framer’s intent, most notably that the Government is obligated to respond, responsively, to a proper Petition for Redress of Grievances regarding violations of the Rule of Law by the Government, and;
WHEREAS, the instant Petition for Redress exceeds any rational standard requiring a formal, specific response from the Government: it is serious and documented, not frivolous; it contains no falsehoods; it is not absent probable cause; it has the necessary quality of a dispute; it comes from a citizen(s) outside of the formal political culture and involves a legal principle not political talk; it is punctilious and dignified, containing both a “direction” and a “prayer” for relief; it addresses a public, collective grievance with widespread participation and consequences; it is an instrument of deliberation not agitation; and, it provides legal Notice seeking substantive Redress to cure the infringement of Rights leading to civil liability, and;
WHEREAS, the instant Petition goes to the very heart of the meaning of “self-government” and the phrase found in the Declaration of Independence which was incorporated in its entirety as the Preamble to New York State’s first Constitution (April,1777), to wit: “We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable rights, that among these are Life, Liberty, and the Pursuit of Happiness — That to secure these rights, governments are instituted among men, deriving their just powers from the consent of the governed….”, and;
WHEREAS, under the circumstance of a violation of the State or Federal Constitutions, followed by the Government’s refusal to respond to a proper Petition for Redress of the Grievance, the Rule of Law is, on its face, replaced by the Rule of Whim. Thus, the Government would no longer be recognizable under the Federal and State Constitutions, justifying a decision by We The People to follow the recommendation of the delegates to the First Congress who unanimously declared, “When rulers want money from the People and they have in any manner oppressed the People, the People may retain their money until their grievances are redressed, thus peaceably procuring relief…without disturbing the public tranquility,” and;
WHEREAS, absent a remedy, the Government of the State of New York will have significantly diminished its moral constitution.
NOW THEREFORE: the undersigned hereby seeks the following remedies and instructs the Governor and the leaders of the State Legislature to respond to this Petition as follows:
- Within thirty (30) calendar days, provide a formal acknowledgement of its receipt with a point-by-point rebuttal of its legal arguments and statement of facts, or
- Prevent any recommendations of said pay raise commission from becoming effective except in strict accordance with the provisions of the New York State Constitution enumerated above, and
- Notify Amazon.com, Inc. that the Government of New York State lacks the constitutional authority to provide the tax credits and grants to which the State committed in the Memorandum of Understanding executed on November 12, 2018 between New York State and Amazon.com, Inc., and
- Direct the regents of the State University of New York to prescribe courses of instruction in the history, meaning, significance and effect of the provisions of the constitution of the United States, the amendments thereto, the declaration of independence, the constitution of the state of New York and the amendments thereto, to be maintained and followed in all of the schools of the state.
Respectfully submitted on or about this ____ day of ________, 20___ by a resident-citizen-taxpayer and registered voter of the State of New York:
Name Address Signature