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