Petition of Right

(noun)

A major English constitutional document that sets out specific liberties of the subject that the king is prohibited from infringing. Passed in 1628, it contains restrictions on non-Parliamentary taxation, forced billeting of soldiers, imprisonment without cause, and the use of martial law.

Related Terms

Examples of Petition of Right in the following topics:

  • Charles I and the Power to Tax

    • Charles I's attempt to impose taxes not authorized by Parliament contributed to the ongoing conflict between the King and Parliament and eventually resulted in passing the 1628 Petition of Right.
    • The idea of a petition of right was an established element of Parliamentary procedure, and in addition, had not been expressly prohibited by Charles.
    • Some historians have argued that the passage of the Petition of Right marks the founding of the United Kingdom's modern constitutional monarchy.
    • The Petition also profoundly influenced the rights contained by the Constitution of the United States.
    • The Petition of Right, a major English constitutional document that sets out specific liberties of the subject that the king is prohibited from infringing.

  • The Constitutional Right to Petition the Government

    • The American right of petition is derived from British precedent.
    • In Blackstone's Comment, Last published in 1765, Americans in the Thirteen Colonies read that "the right of petitioning the king, or either house of parliament, for the redress of grievances" was a "right appertaining to every individual. "
    • Historically, the right can be traced back to English documents such as Magna Carta, which, by its acceptance by the monarchy, implicitly affirmed the right, and the later Bill of Rights 1689, which explicitly declared the "right of the subjects to petition the king. "
    • The right to petition includes under its umbrella the right to sue the government, and the right of individuals, groups and possibly corporations to lobby the government.
    • The right to petition is protected by the First Amendment in the Bill of Rights.

  • Freedom of Assembly and Petition

    • The Petition Clause in the First Amendment states, "Congress shall make no law… abridging … the right of the people… to petition the government for a redress of grievances. " The Petition Clause prohibits Congress from restricting the people's right to appeal to government in favor of or against policies that affect them or about which they feel strongly, including the right to gather signatures in support of a cause and to lobby legislative bodies for or against legislation.
    • A simplified definition of the right to petition is: the right to present requests to the government without punishment or reprisal.
    • The right of assembly was originally distinguished from the right to petition.
    • The right to petition is generally concerned with expression directed to the government seeking redress of a grievance, while the right to assemble is speaking more so to the right of Americans to gather together.
    • Recognize the role of the Right to Petition clause in the Constitution.

  • The First Amendment

    • The First Amendment (Amendment I) to the United States Constitution is part of the Bill of Rights.
    • 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.
    • State the restrictions imposed upon the federal government and the rights accorded individuals by the 1st Amendment

  • The Bill of Rights

    • One of the earliest documents used as a model for drafting the American Bill of Rights was the English Bill of Rights of 1689, one of the fundamental documents of English constitutional law.
    • Bill of Rights, including the right of petition, an independent judiciary, freedom of speech, freedom from cruel and unusual punishments, and freedom to bear arms.
    • First Amendment: establishment clause, free exercise clause; freedom of speech, of the press, and of assembly; right to petition.
    • Second Amendment: establishes the right of the state to having militia and the right of the individual to keep and bear arms.
    • James Madison, "Father of the Constitution" and first author of the Bill of Rights

  • The Constitutional Right to Petition the Government

    • The Supreme Court has ruled that petitioning the government by way of lobbying is protected by the Constitution as free speech.
    • The ability of individuals, groups, and corporations to lobby the government is protected by the right to petition in the First Amendment.
    • Corporations have been considered in some court decisions to have many of the same rights as citizens, including their right to lobby officials for what they want.
    • The Court rejected a broader interpretation of "lobbying" out of First Amendment concerns, and thereby affirmed the earlier decision of the appeals court.
    • In support of the power of Congress it is argued that lobbying is within the regulatory power of Congress, that influence upon public opinion is indirect lobbying, since public opinion affects legislation; and that therefore attempts to influence public opinion are subject to regulation by the Congress.

  • The First Continental Congress

    • The Congress met briefly to consider options, including an economic boycott of British trade, rights and grievances, and petitioning King George III for redress of those grievances.
    • The Congress also called for another Continental Congress in the event that their petition was unsuccessful in halting the enforcement of the Coercive Acts.
    • The delegates organized an economic boycott of Great Britain in protest against the Coercive Acts passed by the British Parliament in 1774, and petitioned the King for a redress of grievances.
    • The Petition to the King was also formed during the First Continental Congress and sent to George III of Great Britain.
    • However, it took no official notice of Congress' petitions and addresses.

  • Pursuing Both War and Peace

    • In 1775, the colonies proposed the Olive Branch Petition to reconcile with Britain and avert war, but King George III denied the petition.
    • The Proclamation of Rebellion was written before the Olive Branch Petition reached the British.
    • When the petition arrived, it was rejected unseen by King George III, and the Second Continental Congress was dismissed as an illegal assembly of rebels.
    • This letter was used as a propaganda tool to demonstrate the insincerity of the Olive Branch Petition.
    • The Proclamation of Rebellion was King George III's response to the Olive Branch Petition.

  • Marbury v. Madison

    • The case resulted from a petition to the Supreme Court by William Marbury who had been appointed by President John Adams as Justice of the Peace in the District of Columbia.
    • Marbury's appointment was not subsequently delivered to him, so he petitioned the Supreme Court to force Jefferson's Secretary of State James Madison to deliver the documents.
    • The Court, with John Marshall as Chief Justice, found that Marbury did have a right to his appointment, and that the Judiciary Act of 1789 provided him with a remedy, caled a writ of mandamus.
    • The petition was therefore denied, but more importantly, the precedent for the Court's power of judicial review - not specificially enumerated in the Constitution - was established.
    • Madison, refers to the establishment of the principle of judicial review.

  • Investor of involvement

    • In September of 2007, a prominent group of state officials, state pension fund managers, and environmental organizations filed a petition with the Securities and Exchange Commission asking it to adopt guidelines requiring all public companies to disclose the risks of climate change to their business as well as the actions they're taking to mitigate those risks.
    • The 115-page petition, signed by state treasurers, attorney generals and state fund managers in California, Florida, Maine, New York, North Carolina, Oregon and Vermont, states that ‘climate change has now become a significant factor bearing on a company's financial condition… Investors are [therefore] looking for companies that are best positioned to avoid the financial risks associated with climate change and to capitalize on the new opportunities that greenhouse gas regulation will provide. ' The petition went on to claim that ‘Interest in climate risk is not limited to investors with a specific moral or policy interest in climate change; climate change now covers an enormous range of investors whose interest is purely financial…
    • The names of companies that are ‘out front' in their response to climate risks and opportunities,
    • The names of companies that are ‘behind the curve' (so they can be avoided by investors), and
    • Guidelines approved by the SEC in January of 2008 now require companies to weigh the impact of climate-change laws and regulations (including overseas regulations and accords) when assessing what information to include in corporate filings.