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Why Individuals, Cities or States can Petition the US Government
The First Amendment guarantees any citizen, city, or state the right “to petition the Government for a redress of grievances.” This is done according to Clause 3, Rule XII, Section 819, of the Rules of the House of Representatives:
“Petitions, memorials, and other papers addressed to the House may be presented by the Speaker as well as by a Member (IV, 3312). Petitions from the country at large are presented by the Speaker in the manner prescribed by the rule (III, 2030; IV, 3318; VII, 1025). A Member may present a petition from the people of a State other than his own (IV, 3315, 3316).”
This clause is routinely used to accept petitions from cities, and memorials from states, all across America. As an example, here is a page from the Congressional Record showing petitions and memorials laid on the Clerk's desk on July 19th of 2007. The same clause can also be used to accept petitions from individuals or other groups, but they carry less weight than a petition from a local government.
There are legal precedents where state legislatures have initiated impeachment proceedings in the US House. Read more...
In 1967, anti-war activists tried to get a resolution to stop the Vietnam War on the ballot. The city tried to stop them arguing it was not the city's business. The court decided Farley v. Healey , 67 Cal.2d 325 in favor of the activists stating:
"As representatives of local communities, board of supervisors and city councils have traditionally made declarations of policy on matters of concern to the community whether or not they had power to effectuate such declarations by binding legislation. Indeed, one of the purposes of local government is to represent its citizens before the Congress, the Legislature, and administrative agencies in matters over which the local government has no power. Even in matters of foreign policy it is not uncommon for local legislative bodies to make their positions known."
Resources
- Talking Points for use when arguing with City Council members.
- "Messages, Petitions, Communications, and Memorials to Congress" by Paul Rundquist, CRS Report to Congress, 8/5/03
