Bill Benson, Sui Juris c/o General Delivery South Holland, Illinois Republic, U.S.A. In His Own Stead [ D R A F T ] IN THE SUPREME COURT OF THE UNITED STATES BILL BENSON, ) Number _____________________ ILLINOIS STATE CITIZEN, ) Petitioner ) ) PETITION v. ) for an extraordinary ) ) WRIT OF PROHIBITION LLOYD BENTSEN, ) TEXAS STATE CITIZEN, ) to prevent a violation Respondent ) of the Constitution for the ) United States of America _____________________________) TO: Senator Lloyd Bentsen, Chairman Finance Committee United States Senate Washington, District of Columbia Jurisdiction and venue are grounded by virtue of Article 3, Section 2, Clause 1 of the Constitution for the United States of America, to wit: Section 2. The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution ... to Controversies ... between Citizens of different States .... [Constitution for the United States of America] [Article 3, Section 2, Clause 1] Petition for Writ of Prohibition: Page 1 of 6 STATEMENT OF FACTS Petitioner is currently a Citizen of the State of Illinois. Respondent is currently a Citizen of the State of Texas. Respondent is also a public official elected to the Senate, in the Congress of the United States, Washington, District of Columbia. By virtue of this public office, Respondent represents the People of the State of Texas. Respondent was elected to his current Senate term by the People of Texas in November of 1988. Respondent's current Senate term expires at noon on January 3, 1995. Respondent has been nominated by President-elect Bill Clinton for the Office of Secretary of the Treasury. This Office is a civil Office created under the authority of the United States. The emoluments for this office have been increased during the period between January 3, 1989 and January 3, 1995. In order to enjoy an office of honor and public trust, and in order to receive any pay for services rendered in this office, Respondent was required by law to complete and sign the following "Oath of Office": I, Lloyd Bentsen, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter. So help me God. _____________________ ____________________________________ (Date) (Signature) Petition for Writ of Prohibition: Page 2 of 6 Respondent did sign and date this same "Oath of Office", as required by law, and did file same with the Office of Finance, United States Senate, Washington, District of Columbia, USPS Postal Zone 20510. Having signed this "Oath of Office", Respondent did thereby enter a written contract to perform certain contractual duties, first and foremost among which is to support and defend the Constitution of the United States. Respondent did verbally execute this same Oath of Office, in the presence of witnesses, upon occupying his current office as United States Senator. STATEMENT OF LAW Respondent's duty to support the Constitution of the United States is a lawful prerequisite to serving as an official elected to the Senate. It is also a prerequisite to receiving pay for serving as a Member of the Senate. This duty is clearly stated in Article 6, Clause 3 of the Constitution for the United States of America, as follows: The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution; .... [Constitution for the United States of America] [Article 6, Clause 3] [emphasis added] Petition for Writ of Prohibition: Page 3 of 6 This duty is also specified in the federal statute which defines the exact wording of the Oath of Office, as follows: An individual, except the President, elected or appointed to an office of honor or profit in the civil service or uniformed services, shall take the following oath: "I, AB, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter. So help me God." [5 U.S.C. 3331, emphasis added] The exact same wording of the Oath of Office is found on the form entitled "Oath of Office, Payroll and Benefits Information", which must be signed before an elected Senator can receive pay from the Office of Finance in the United States Senate. The United States Constitution explicitly prohibits the appointment of Senators to any civil Office under the authority of the United States, if such appointment occurs during the term for which the Senator was elected to serve in the U.S. Senate, and if the emoluments for such civil Office were increased during this same term: No Senator or Representative shall, during the Time for which he was elected, be appointed to any civil Office under the Authority of the United States which shall have been created, or the Emoluments whereof shall have been encreased during such time; and no Person holding any Office under the United States, shall be a Member of either House during his Continuance of Office. [Constitution for the United States of America] [Article 1, Section 6, Clause 2] [emphasis added] Petition for Writ of Prohibition: Page 4 of 6 Other relevant authorities follow: A practice condemned by the Constitution cannot be saved by historical acceptance and present convenience. [U.S. v. Woodley, 726 F.2d 1328, 1338 (1983)] [emphasis added] It is obviously correct that no one acquires a vested or protected right in violation of the Constitution by long use, even when that span of time covers our entire national existence and indeed predates it. [Walz v. Tax Commission of New York City,] [397 U.S. 664, 678 (1970), emphasis added] REMEDY DEMANDED I pray this Honorable Supreme Court to order: (1) that a Writ of Prohibition issue upon Respondent, prohibiting him from occupying the Office of Secretary of the Treasury at any time prior to the expiration of his current Senate term, and (2) that Petitioner be awarded his costs and disbursements in this action. Presented this twenty-eighth day of December, 1992 Anno Domini. [not signed] _________________________________________________________________ Bill Benson, Sui Juris (Date) Sovereign Petitioner At Law All Rights Reserved Without Prejudice Petition for Writ of Prohibition: Page 5 of 6 Acknowledgement ILLINOIS STATE/REPUBLIC ) ) Subscribed, Sworn and Sealed COUNTY OF COOK ) On this ________________ day of December, 1992 Anno Domini, Bill Benson did personally appear before me, and is known to be the one described in, and who executed, the foregoing instrument, and acknowledged that he executed the same as his free act and deed as a Citizen/Sovereign in this above named said State of the Union. Purpose of notary public is for identification only, and not for granting jurisdiction to any government agency. [not signed] _____________________________________ Notary Public Petition for Writ of Prohibition: Page 6 of 6 # # #
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Benson v. Bentsen