How do I file a lawsuit against the Federal Government? Anyone want to work with me on this?

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I am interested in filing a lawsuit against the Federal Government for violating the 10th Amendment - that pesky amendment that states that "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, OR TO THE PEOPLE."

It's the people part of this amendment that I want to focus the lawsuit on....as we the people have had our powers stripped from us....

Does anyone have any idea how I would go about filing such a lawsuit?.....Does anyone know a constitutional scholar or attorney who would be able to help?....And would anyone sign on with me on this? I would think we could at the least get a little publicity out of a case like this....it shouldnt be too hard to make a case that the Federal Government has usurped powers that are not theirs....the list is a long one.....

I'm already getting attention with this letter i sent out to every major newspaper here in Florida, and one talk radio show has shown interest...yay! (feel free to copy it and send it out to any media, friends, or family - I'm planning on making a little youtube video too)

The letter -

Lately I’ve heard a great many people wondering what we can do beyond calling our elected representatives in Washington D.C. to save our nation from a slide into socialism and restore common sense….So I’ve been thinking…maybe we have been calling the wrong people…maybe we should be calling…and meeting with….people a little closer to home.

The States, all 50 of them, our elected state representatives specifically - have abdicated their responsibilities to us, and have stood by silently while letting the federal government bully them and bribe them with our federal tax dollars as the 10th amendment has been ignored on all sides and massive federal overreach has occurred.

Amendment 10 states - The powers not delegated to the United States by the constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

In Article one, section eight in the U.S. Constitution, you will find the powers and responsibilities of the Congress laid out, and they are limited.

In Article two, section two, you will find the powers of the President spelled out, and they are even more limited.

They all need a very firm reminder of these limitations, but they have shown themselves to be far too disconnected from the public and reality, and too addicted to the powers they have given themselves - which is why we need to take a different approach and press our state officials into finally standing up for us, and stand up to the federal government, and tell them NO MORE - Either follow the constitution OR ELSE - The continued disregard of the document that gives our Union form, will be seen as the Constitution being voided, and the Union held together by it - Dissolved.

Find your elected state representatives here -

http://www.usa.gov/Agencies/State_and_Territories.shtml

Now contact them and tell them to start doing their job!

In Liberty, Zak Carter

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state level

I think that addressing these concerns at the state level is the way to go. We have more of a chance to get something accomplished and it has the full force of law behind it.
The federal govt is a bunch of self-serving idiots. Many state govt's are as well unfortunately.
Im very excited by these bills that assert 10th amendment rights. It shows someone is developing a backbone!

The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants

The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants

Jurisdiction and standing

I think the flame should be on the feet of State and Local Governments.

I'm not picky, the bailout and the Fed must be stopped - all I can advise is looking into legal standing issues and how you would make a solid evidentiary case.

You may want to give a once over on the Obama cases that came before the Supreme Court. Several of them lacked "standing".

http://mountainsageblog.com/2008/10/25/obama-and-dnc-refuse-...

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"Mankind may amuse themselves with theoretic systems of liberty, and trace its social and moral effects on sciences, virtue, industry and every improvement of which the human mind is capable; but we can only discern its true value by the practical and wretched effects of slavery; and thus dreadfully will they be realized, when the inhabitants of the Eastern States are dragging out a miserable existence, only on the gleanings of their fields; and the Southern, blessed with a softer and more fertile climate, are languishing in hopeless poverty; and when asked, what is become of the flower of their crop, and the rich produce of their farms-they may answer in the hapless stile of the Man of La Mancha,-" The steward of my Lord has seized and sent it to Madrid." Or, in the more literal language of truth, The exigencies of government require that the collectors of the revenue should transmit it to the Federal City."
Mercy Otis Warren

Quite a noble cause

Though I must say I know how this story is going to end.

You have to ask nicely to sue the federal government...because they have the power to simply say no, you can't sue us over this.

Ignoring the 10th amendment is how the government gets the majority of the power they've usurped from us in the past century.

If they were to acknowledge this as such, it would immediately invalidate 95%+ of federal laws, it would invalidate all of the agencies that have sprung up around these laws.

The Supreme Court has ruled against arguments like this over and over again...it is their opinion (and thus the supreme law of the land) that the 10th amendment is a truism and does nothing to change the "necessary and proper" clause. Therefore, if the government feels it is necessary and proper to trample state's rights...then they have free rein.

Not trying to discourage you, but just telling you the tremendous odds you face. The highest court in the land disagrees with your (correct) interpretation of the 10th amendment.

You have logic and reason on your side...but we stopped expecting logic and reason from our leaders 100 years ago.

What do you think about the war on drugs?
How about Operation Wall Street?
Shout it today!

http://www.youshouts.com/index.php

Being right is no guarantee

.
Be prepared to commit 2-3 years of your life in a very uphill battle. Be prepared for motions to dismiss, which will most likely be granted since you don't represent any of the states. In theory it's an interesting idea, but if you could get the various Attorneys General of the states to file suit, that would have more teeth and a better chance of prevailing - if it ever gets that far.

I don't want to be discouraging but any kind of legal action, esp with the Federal Government, is a very messy business, esp with the cards stacked mightily against you.

2-3 years in a legal battle....

Sounds like cake in comparison to the time I spent in the army.....and I had already commited myself to a lifetime of resistance :)

I was hoping to be taken to court for a Hatch Act Violation last year, but charges were dropped...darn...so on to the next fight!

“Let a man never stir on his road a step without his weapons of war; for unsure is the knowing when need shall arise of a spear on the way without.” - Odin

Fellow Veterans, This Is A Call To Arms!

http://www.facebook.com/events/192677970828185/

February 20, 2012 - Veterans For Ron Paul March on D.C.!

Ralph Nader

I would contact Ralph Nader, Public Citizen No one has sued the feds and won more than Nader. It's one reason I love him. I don't agree with him 100% on all the issues, but I don't agree with Ron Paul 100%, but I agree with Ralph Nader and Ron Paul more than anyone (s)elected.

http://www.citizen.org/litigation/

WE ARE GOING TO WIN!
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Zak, I don't think that its

Zak, I don't think that its a bad idea and would be willing to help where I could. Since you got me thinking about this I intend to take some time over the next week and research previous cases which have been filed. I also will comb through my old constitutional and American law text books (some are from the 1800's) and see what I can come up with in reference to large bodies of state citizens banning together and pushing for charges of treason against government officials. I'm not a lawyer --though I went to law school for 3 years-- but I'm pretty good at researching. I'll give it a shot. Let me know if I can help you out in any other way.

Oh, and if that newspaper prints your letter or makes reference to it, please post a scan of it. I can probably get my coward local newspapers to cover it (if not the main one, then at least the community one). I feel like many of them who work there would take a stand if they see others doing it. Right now there to afraid to take a hit from their peers.

Awesome Alwayssimon!

I'm off to work offshore for the next week or so..but I will continue to do my own research online from there....and I will send you newspaper links as they come - the only confirmed printing I have so far is with this paper -

http://www.wakulla.com/

And thank you!

“Let a man never stir on his road a step without his weapons of war; for unsure is the knowing when need shall arise of a spear on the way without.” - Odin

Fellow Veterans, This Is A Call To Arms!

http://www.facebook.com/events/192677970828185/

February 20, 2012 - Veterans For Ron Paul March on D.C.!

We sued the V.A Hospital

for killing my husbands father. and we won!!! and the V.A is part of the Federal Government. Get a D@m good lawyer. people told us we couldnt sue the fed gov but guess what ? They were wrong!!!

Sorry about your loss

I can go to the VA, and I do for some things, but now that I'm on Medicare A-B, I'll go to a private facility for important stuff.

My VA hospital is so big, you can get lost in the shuffle. Some of the lower paid care employees look and act like they have just come out of rehabilitation or hard-core unemployed. I have had numerous incidents with the ladder and student doctors.

If you are old and loosing your awareness, you should have an advocate go with you.

I've only been to a VA clinic...

And I truly believe that if the people pushing for national healthcare would just poke their heads in these places.....just that little slice of what government run healthcare looks like would be enought for them to very quickly change their tune....

“Let a man never stir on his road a step without his weapons of war; for unsure is the knowing when need shall arise of a spear on the way without.” - Odin

Fellow Veterans, This Is A Call To Arms!

http://www.facebook.com/events/192677970828185/

February 20, 2012 - Veterans For Ron Paul March on D.C.!

Great idea!

As I understand it, suing the Fedgov is very hard to pull off.

Two potential sources of info and advice I would suggest would be Judicial Watch and the ACLU.

SUPPORT OUR FOUNDERS' AMERICA
Support the Constitution of the United States

SUPPORT OUR FOUNDERS' AMERICA
Support the Constitution of the United States

I wanted to file one (VA malpractice)

But after having the Chicago Bar Association help find an attorney... only one attorney agreed to an appointment with me.

Long story short, he advised me to forget about it. The Fed's have plenty of young attorneys that will ruin my summer. He then showed me a bill of his for thousands of dollars, for a doctor's expert testimony on behalf of a client.

I just did a small claims as a plaintiff, and had to go to the county court house seven times. I had a written 100 % work guaranty and proved breech of contract and negligence. The defendant was Irish and so was the Judge. Guess who won ?

The judge told me these things happen.

He who laughs last is not necessarily slow. This was a cash job, you know the rest --> http://www.irs.gov/compliance/article/0,,id=180171,00.html

I actually looked into this

I actually looked into this back in the seventies. What I discovered is that you must first file a petition or notice of action requesting permission from the government to sue them. That's right, you can sue the United States if you get their permission to do so. Believe it or not some people have actually been granted this privilege in rare cases. But I'd say getting it for the issues we have in mind is remote to none. What a sweet deal they have created for themselves. You can screw everyone and then sit on your immunity. Lately I have been thinking about the possibility of suing individuals in government civilly for violating their oath of office. (which they all do with impunity) Have not done much research on that because since I found out the judicial system is just as corrupt as the other two branches I stopped litigating 20 years ago. I've learned that the best way to get any justice these days is to simply take the law into your own hands and take care of business.
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Correct me if I am wrong but

EDIT - I WAS WRONG.

Anyway, while you may have standing to sue, good luck. The more actual harm you can prove to yourself the better, and as long as the court can't punt on the issue by determining that you could obtain a 'political' solution such as voting the bastards out, then you might have a shot.

Class action lawsuit

one million strong.SWEET!

And all of us...

Showing up to court :)

“Let a man never stir on his road a step without his weapons of war; for unsure is the knowing when need shall arise of a spear on the way without.” - Odin

Fellow Veterans, This Is A Call To Arms!

http://www.facebook.com/events/192677970828185/

February 20, 2012 - Veterans For Ron Paul March on D.C.!

I called the Capitol Police

I told them that there had been a robbery, and that congress stole 787 billion dollars.They said that I would need to contact the FBI. Hope this helps....

You are looking in the wrong place

for THIS country's lawyers!!!!

Anyone?.....

Come On...I'm having romantic visions of a group us patriots recreating a courtroom scene ala Hank Reardon and John Galt for a shocked media right out of Atlas Shrugged with this idea :)

“Let a man never stir on his road a step without his weapons of war; for unsure is the knowing when need shall arise of a spear on the way without.” - Odin

Fellow Veterans, This Is A Call To Arms!

http://www.facebook.com/events/192677970828185/

February 20, 2012 - Veterans For Ron Paul March on D.C.!

Funny but the last few days I thought it might be interesting

~ to arrest certain Congress people and Senators for treason or something of the sort. Maybe a citizens arrest? I don't know but this thought has been eating away at me.
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"Those who make peaceful revolution impossible will make violent revolution inevitable." John F. Kennedy

"It is your duty as loyal Americans to Shut up."– Bill O'Reily

Mathew 5:9 Blessed are the peacemakers: for they shall be called the children of God.

Every last treasonous one of them...

Should be led away in chains... I too would love to see this happen and often wonder what it would take. Methinks that arresting for treason has been "out of style" for quite some time though!

I know Alcatraz is probably still empty! OR.....how about the jail of that great sheriff in Arizona who doesn't coddle his prisoners? :)

"Bad men cannot make good citizens. It is when a people forget God that tyrants forge their chains. A vitiated state of morals, a corrupted public conscience, is incompatible with freedom." Patrick Henry

Interesting Idea....

Perhaps we could find a congressperson who would go along with this for the spectacle of it....as the treasonous activity of the entire congress is read while making the arrest for the cameras.....Though I do like the idea of an actual arrest too...is there a law enforcement officer on our side here willing to put a little on the line?....

“Let a man never stir on his road a step without his weapons of war; for unsure is the knowing when need shall arise of a spear on the way without.” - Odin

Fellow Veterans, This Is A Call To Arms!

http://www.facebook.com/events/192677970828185/

February 20, 2012 - Veterans For Ron Paul March on D.C.!