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the right of petition has expanded. It is no longer confined to demands for “a redress of grievances,” in any accurate meaning of these words, but comprehends demands for an exercise by the government of its powers in furtherance of the interest and prosperity of the petitioners and of their views on politically contentious matters.
The right to petition government for redress of grievances is the right to make a complaint to, or seek the assistance of, one's government, without fear of punishment or reprisals. The right can be traced back to the Bill of Rights 1689 , the Petition of Right (1628) , and Magna Carta (1215) .
The right protects not only demands for "a redress of grievances" but also demands for government action. [354] [358] The petition clause includes according to the Supreme Court the opportunity to institute non-frivolous lawsuits and mobilize popular support to change existing laws in a peaceful manner. [357] In Borough of Duryea v.
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances. Ratified: December 15, 1791 First Amendment: Fourth Article:
[42]: 2119, note 7 Kesavan and Sidak also cited a Professor Bybee who stated in this context: "The Recommendation Clause empowers the president to represent the people before Congress, by recommending measures for the reform of government, for the general welfare, or for the redress of grievances. The Right of Petition Clause prevents Congress ...
"The people have the right to...petition government for redress of grievances" [1] California: Rules of Civil Procedure Rule Rule 1290 "Any person named as a respondent in a petition may file a response thereto" [5] California: California Code of Judicial Ethics III b 7
As observed by former Chief Judge Loren A. Smith, the court is the institutional scale that weighs the government's actions against the standard measure of the law and helps make concrete the spirit of the First Amendment's guarantee of the right "to petition the Government for redress of grievances". [8]
The First Amendment of the United States Constitution declares that "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances. [37 ...