An Appeal to the Supreme Court of the United States Before Judgment in Trump v. Barbara
To the Honorable Chief Justice and Associate Justices of the Supreme Court of the United States:
As the Nation approaches the 250th Anniversary of the Declaration of Independence, the United States finds itself once again confronting questions concerning citizenship, constitutional identity, immigration, sovereignty, and the meaning of the Fourteenth Amendment.
These are not ordinary questions. They touch the constitutional foundation of the Republic itself.
For that reason, they deserve not only careful judgment, but careful examination before judgment.
This Petition respectfully requests that the Court consider a temporary Constitutional Moratorium concerning the present controversy until the threshold constitutional questions underlying the dispute have been fully examined and presented to the American people.
This request is made in a spirit of constitutional respect and civic responsibility.
It is not a request for a particular outcome.
It is not a request that the Court adopt one interpretation over another.
It is not a request that the Court surrender its authority.
It is a request that the Court exercise the wisdom for which it has long been respected.
The wisdom to pause when the foundation itself remains under examination.
Why a Moratorium Is Requested
The present controversy has focused considerable attention upon the Citizenship Clause of the Fourteenth Amendment. Yet many Americans remain unfamiliar with the constitutional and historical developments that preceded the Amendment, including the Civil Rights Act of 1866, the Reconstruction debates, and the legislative controversies that emerged following the Civil War.
Reasonable people may disagree regarding the significance of these matters.
Yet the existence of disagreement itself suggests that examination remains necessary.
The question before the Nation is not merely what the Fourteenth Amendment means.
The question before the Nation may first be whether the constitutional foundation of the controversy has been fully understood.
If the foundation is sound, the examination will strengthen confidence in the eventual judgment.
If the foundation requires clarification, examination may improve public understanding.
If important historical evidence has been overlooked, examination may prevent future confusion and controversy.
In every case, examination serves the interests of constitutional integrity.
The Opportunity Before the Nation
America now stands at a unique historical moment.
The 250th Anniversary of the Declaration of Independence invites not only celebration, but reflection.
It provides an opportunity for the Nation to revisit some of the most important constitutional questions in its history and to ensure that those questions are approached with diligence, humility, and care.
The Constitutional Moratorium is proposed in that spirit.
Not as a retreat from responsibility.
But as an expression of responsibility.
Not as an obstacle to judgment.
But as a safeguard for judgment.
Not as a denial of constitutional authority.
But as an affirmation of constitutional seriousness.
The Court of Public Understanding
The Supreme Court’s duty is to interpret the Constitution.
The people’s duty is to understand, preserve, and transmit constitutional government to future generations.
The confidence of the American people is strengthened when they believe that questions of extraordinary consequence have been examined thoroughly before historic decisions are rendered.
A temporary period of constitutional examination, public education, and national reflection would serve that confidence.
The Court need not surrender its authority to permit such examination.
Indeed, permitting examination may strengthen the legitimacy of whatever judgment ultimately follows.
The Relief Requested
This Petition therefore respectfully requests consideration of a Constitutional Moratorium concerning the present controversy.
The purpose of such a Moratorium would be simple:
To permit examination before judgment.
To permit understanding before conclusion.
To permit clarification before precedent.
And to ensure that the Nation enters its next constitutional chapter with confidence that the foundational questions have been fully explored.
The request is not permanent.
The request is not partisan.
The request is not hostile.
It is a request for constitutional patience in the service of constitutional truth.
Before Judgment
History remembers those moments when institutions demonstrated the wisdom to pause before proceeding.
The Nation now faces such a moment.
If America has been asking the right constitutional question, examination will confirm it.
If America has been asking an incomplete constitutional question, examination will improve it.
And if America has been asking the wrong constitutional question, examination may reveal a truth of extraordinary significance before judgment is rendered.
That possibility alone justifies consideration of a temporary Constitutional Moratorium.
Respectfully submitted,
Ted Hayes
Mr. Citizen Patriot
On behalf of those citizens, scholars, clergy, veterans, community leaders, and members of We the People who believe that before judgment comes inquiry, before consequence comes due process, and before precedent comes certainty.