US 08-1339

No. 08-1339
_____________________________________
In The
SUPREME COURT
OF THE UNITED STATES
James Frank Osterbur ,
petitioner
V.
The United States of America &
The State of Illinois
Respondent
On petition for a writ of Certiorari to the United
States Court of Appeals for the 7th circuit, Chicago IL
PETITION FOR A WRIT OF CERTIORARI
petitioner files pro se, as a citizen both of IL and this USA
James Frank Osterbur
2191 county road 2500 E
St. Joseph, IL 6187
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QUESTION PRESENTED
The first amendment to the US constitution states and gives
the following legal right: “….or the right of the people
peaceably to assemble and to petition the government for a
redress of grievances. “
As there can be NO DOUBT, or legal argument as to
the condition of this USA in terms of “grievances” as to how
our employees both of state and nation have failed to protect
our lives, failed to protect our money, have created numerous
threats that could lead to our extinction as a nation, world, or
all life on earth. The critical question examined within the
various courts of law that have preceded this case are all
focused on the vary same issue. WE THE PEOPLE, MUST
HAVE THE NECESSARY INFORMATION ABOUT OUR
SITUATION IN BOTH STATE AND NATION, that we may
truly know what is important for us to address, what is
necessary for us to protect for ourselves, and our future, and
our children’s future. And our world. Because it is clear, the
leaders of this nation, OUR EMPLOYEES of government,
who are assigned to do, “according to the intent and mandate
of this US and state constitution” have failed. They lack
clarity, they discard honor, they despise honesty, and they
cannot be trusted. Therefore we this nation and this state,
MUST have a redress of grievances to protect ourselves from
further damage by people who do not know what they are
doing/ don’t care about what they are doing/ or are so corrupt
in what they are doing, that criminal charges must occur.
Therefore the question to this court is: WILL YOU
HONOR, THE FIRST AMENDMENT : REDRESS OF
GRIEVANCES FOR THE PEOPLE OF THIS NATION?
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PARTIES TO THE PROCEEDING
Petitioner: James Frank Osterbur
2191 county road 2500 E
ST. Joseph IL, 61873
Respondent: those authorities that do represent the vested
interests of the state of Illinois as their respective leaders.
Currently that leader for IL is Governor Patrick Quinn.
Respondent: those authorities that do represent the vested
interests of the United States of America according to their job.
The president of the United States: Mr. Barack Obama as head
of the executive branch of government
The US attorney general Mr. Eric Holder, as head of legal
representation for the congress and legislative bodies.
The US SUPREME COURT JUDGES, as head of the judicial
services for this USA.
And initially/ but certainly not last: as the single largest and
most immediate threat of the moment, as we know it to be: the
national ignition facility, chief scientist: Dr. John Lindl , at
Lawrence Livermore Laboratories, Livermore CA.
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TABLE OF CONTENTS
PAGE(S)
QUESTION PRESENTED………………i
PARTIES TO THE PROCEEDING….ii
TABLE OF CONTENTS………………..iii
section iv
DECISIONS BELOW……………………..5-6
REDRESS GRIEVANCES…………….6-22
section v
TABLE OF AUTHORITIES…………….23
JURISDICTION……………………………..24-25
CONSTITUTIONAL AND STATUTORY
PROVISIONS…………………………………25-26
STATEMENT OF THE CASE………….26-29
REASONS FOR GRANTING THE
PETITION……………………………………..29-31
CONCLUSION………………………………..31
PROOF OF SERVICE……………………….32
APPENDICES…………….judgment of the court
Appendix A…………………………….34
Appendix B…………………………….35
Appendix C…………………………….36
Appendix D…………………………….37
Appendix e Word count…………33
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IV
DECISIONS BELOW
I. The decision of the appellate court is in denial of the
purpose, intent, confines, and merit established FOR THE
PEOPLE, with regards to the fist amendment redress of
grievances. An amendment for the people, NOT for the
discretion of any judge/ NOT by the judgment of any “lawyer
rhetoric”. Rather it is the law, that every judge must follow.
The promise to the people, that they shall indeed own their
government as WE THE PEOPLE. Consequently the
assumptions of ANY other claim are null and void. The rights
of WE THE PEOPLE shall be protected. The decision of the
appellate court pleads “he cannot be allowed a constitutional
guaranteed right/ by lying about the document presented, me,
the law, and their oath to protect the constitution, not the status
quo.
II. THE DECISION of the appellate court (appendix)
BELOW, IS WRONG in these further respects.
A. THE RIGHTS OF THE PEOPLE cannot be
tampered with by a judge / the constitution guarantees
a legal redress of grievances: the people’s right/ not a
judge’s discretion.
B. The development of a legal right to petition the
government as WE THE PEOPLE, of whom I am the
petitioner. IS A LEGAL RIGHT GRANTED TO THE
PEOPLE THEMSELVES, not to lawyers/ not to legal
jargon or failures or consequences of irrelevant law;
wherein only the constitution does in fact rule. The
constitution is thereby judge, as to whether this
petition is warranted. And the reality is that those
parameters set forth in the preamble as to the purposes
and practice of our employees who we do grant to call
“our government”/ HAVE NOT been met with duty,
honor, honesty, responsibility to the people, or legal
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respect for the people. Our very lives, and our very
nation are threatened by the employees who have
failed.
C. This foundation of failure by our employees. This
understanding and value and contractual declaration by
the constitution/ as to WHAT our employees of
government are intended to do for WE TH E PEOPLE
is then expanded within the forty questions BASED
UPON that preamble, and our situation as created by
these employees: for questioning them, for defining
and investigating the damage they have done, and for
setting the values and liberties and honor of this nation
aright; as WE THE PEOPLE OF THE UNITED
STATES OF AMERICA. THIS IS set forth before the
court below.
THESE ARE
1. Based upon law, what is the constitutional
mandate of the court? This case called incoherent
and frivolous/ deals directly with the health,
economy, future, and honor of this nation, AND the
protection of its people, even its land and water:
according to the US constitution. It does NOT seek
rebellion/ BUT IT DOES DEMAND AN
ACCOUNTING TO PROVE WHAT IS REAL,
TRUE, AND FUNDAMENTALLY ACCURATE
SO THAT ALL FRAUD AND DELUSION SHALL
STOP. Prove it is not so.
2. Based upon law, what is the foundation and merit
of aligning frivolous and incoherent against the clear
possibilities of mass murder and terrorist actions:
WHEN IN FACT, the experiments about to be
undergone, CANNOT BE called benign/ NOR can
they be stated as known conclusions, for they are
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experiments. In contrast: When the law of physical
action and energy requires a reaction that will be
equal; and the stated facts by the experimental staff in
question dictate as much energy will be released as a
multi-megaton bomb, in a suburb of San Francisco.
What then is unclear, about risk/ and protection of the
people, nation, and world?
3. Based upon law and constitutional mandate,
when shall the employees of government stop: upon
what terms exactly, is the risk too high; and
therefrom THIS COURT, must intervene to protect
the people and the nation/ so that the gamblers do not
destroy us all? SO THAT OUR WORLD, and our
nation is in fact protected above those who do play
“satan” (the intent to destroy, even a world). What
cannot be undone, what is fundamentally a threat or
potential threat to life, environment, nature, or
ecology: ALL REPRESENT an end to life! Where
does the boundary called LIFE FIRST demand this
will not be so?
4. Based upon law and constitutional guarantees:
exactly when does the legal guarantees of a first
amendment redress of grievances become an action of
the people/ whereby the employees shall give account
for what they have done? IF NOT TODAY, WHEN
THE TRAGEDY OF ERROR, BAD JUDGMENT,
AND THREATS THAT EXTEND TO A WORLD, is
not enough: then prove the right to interpret
differently. Explain this in detail.
5. Based upon law and constitutional guarantees to
protect this nation and its people, and its children, and
their futures: WHEN is the stealing, the lying, the
mutilating, the threats, the foundation of failure, the
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disease of arrogance so blatant, and the desertion of
duty with regard to this nation, its children, or this
world: To much? We are threatened on every side,
investigation and prosecution of the facts will prove
that: WE CAN BE EXTERMINATED by men.
When does the court get to make a decision/WHEN
DO THE PEOPLE GET TO MAKE THIS
DECISION: that literally subjects this nation to life
or death: without even an investigation? When does
the judge or group of judges, become an executioner
for us all, should they be wrong? The answer is:
when they assume, the risk/ and tell the people they
have no say, a judge or an official has gone too far.
That is not democracy/ it is tyranny, and you have no
right. PROVE this is not so.
6. Based upon law and constitutional guarantees:
when is due process so pitifully small and
insignificant, that liars may use fraud to misdirect the
court, and turn away the needs, the life, the future,
and the guarantees of a citizen of this United States of
America: with frivolous and incoherent stupidity.
Grossly misrepresenting justice, and protecting only
the powerful? With such pitiful disgrace as rules, or
the outright fraud of judges who proclaim “can’t
understand/ what a grade school child can”. When
are lies, such as trillions of dollars added to a debt we
cannot already pay: anything but fraud/ theft/ and
blatant power over the people? What is your merit,
where is your honor, what is honest about FRAUD.
7. Based upon law, when do trivial rules supercede
the sanctity and honor of the people: their right to
justice, the protection of the people, THE DUTY and
responsibility to aid and abet happiness, hope, peace
and the honor of this nation and this world? There is
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no excuse for not understanding these words; judges
who pretend to be children are not welcomed. Broken
oaths, are fundamentally possessions of the people,
and subject to their decision/ not yours.
8. Based upon law: the constitution, article three
section 1 states: “The judicial power of the United
States shall be vested in one supreme court…..”
Prove what you cannot hear as, or under original
jurisdiction, anything you choose. Section two: “the
judicial power shall extend to all cases, in law and
equity, arising under this constitution, the laws of the
United States, …….” Prove this case is anything, but
that/ for it is only that and nothing more. And again:
“To controversies…… between a state, or the citizens
thereof, ….” For I bring to trial the state of IL, for
absolute fiscal failure, in bringing this state to
bankruptcy, and taking away the financial realities of
our lives/ my life, as I am now expected and must
endure the consequences of that failure. The demand
for a complete accounting is absolute/ the reality of
fiscal failure is solidified by the state officials, own
words. I have a right to know: what these
employees of state, and the employees of this nation
have done to me, to our nation, and the clear
accounting of what is real: NO MORE LIES, the
truth. IT IS OUR MONEY/ AND OUR LIVES: NOT
YOURS! WE ARE THE OWNERS! Is this not a
first amendment redress of grievances case/ is not the
first amendment a critical legal right/ guaranteed to
the people; by which the judge, the congress, and the
president must abide? Prove it is not so.
9. Prove due process is functionally NOT the duty of
this court to protect according to the fourteenth
amendment: granting immunities from frivolous,
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incoherent, or dishonorable actions by any judge, any
representative of a judge, or in fact any employee of
government or state. An amendment demanding:
NO UNDUE restrictions shall be applied to the
citizen, JUSTICE, and LAW shall come first.
Prove you have done your duty/ prove those under
your direct command as a district and appellate court,
have done theirs.
10. Based upon the law: establish the facts
regarding the rights of a citizen of this United States,
when entering a courtroom and demanding justice,
fair play, and with sufficient evidence to assert: A
first amendment redress of grievances is required of
you. Prove the need for rules, that do not refine
justice and protect life and society for the masses.
Prove that words, and evidence, and rights are not
more important than a diploma. Prove it is not your
job: to serve this nation first, to protect all the
people first, to give this people DEMOCRACY as
intended by the constitution. And as applied under
the direction of WE THE PEOPLE.
11. Based upon the law and the constitution:
establish who owns this nation. AND CREATE
THEIR AUTHORITY UNDER THE LAW, over the
employees of government.
12. Based upon the law, and the constitution:
ESTABLISH THE DUTY owed to the owners of this
nation by its employees. Explain the facts regarding:
WHAT IS FAIR, WHAT IS HONORABLE, &
WHAT IS TRUE. Which means NO MORE
delusions and grandeur, no more lies or infatuation
with pride, no more fantasies about being “a super
power”/ and a return to life first.
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13. Based upon the law, and the constitution:
explain the levels of ownership, and the rights of that
owner, and the obligations of that owner to this
nation. Explain, “if the employees, servants, or
slaves of this nation: have a duty, an obligation, or a
right to refuse. Explain as an owner, WHAT IS
YOUR DUTY AS WELL. Explain as a temporary
citizen/ owner (meaning you too will die)/ WHAT IS
YOUR RESPONSIBILITY TO THE FUTURE.
14. Based upon the law, and the constitution:
explain the meaning of interpretation (what is your
responsibility as a court, to the integrity and purpose
of the document upon which OUR LAW, AND OUR
NATION rests), and define the responsibilities of the
interpreters, in protecting the sanctity and truth for a
nation of people? For you/they are hired employees,
and hold no position as god, or ruler, and ARE NOT
immune to the law itself. Therefore these are not free,
but assigned with duty, and a demand for discipline.
15. Based upon the law, and the constitution:
establish the responsibility of the employees to the
people, with regard to protecting the equity; “the right
of the people to be secure in their persons, houses,
papers, and effects…” as interpreted within the fourth
amendment. WHERE DOES THE GAMBLING
STOP/ WHEN HAS TRUTH BEEN DISOBEYED,
and the LIARS taken control? Absolute truth and
clarity in the accounting and creation of control by
the law; is our right.
16. Based upon the law, and the constitution,
according to the seventh amendment, describing “in
suits at common law, where the value in controversy
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shall exceed twenty dollars, the right of trial by jury
shall be preserved …” Or more simply: this case
represents MORE than a small amount of money:
liars and thieves are in plain sight, and they are many.
A case involving the realities of costs burdening an
entire state & nation; even affecting this world. A
case denied, by perjury within the appellate court, 7th
circuit: “they did understand/ and, these words are
not incoherent or frivolous”. There is no doubt, they
understood perfectly.
17. Based upon the law, and the constitution: the
thirteenth amendment guarantees “neither slavery nor
involuntary servitude…..shall exist within the United
States…” Yet the balance of power applied by the
numbers generated by our employees of the federal
government prove: that the majority are indeed
slaves or involuntary servants, because the numbers,
the methods, and the actions held by a few people,
have made it impossible for the vast majority to
know: True freedom or liberty, as money proves
to be a barrier and a weapon to deny their own rights,
lives, and hopes. Prove this is constitutionally
acceptable. Prove: for a few people, to have the lives
of so many people “held by ransom, in their
numbers”; is not criminal and in contempt for the
purposes and desires, called democracy. The
foundation intent, for this nation is DEMOCRACY
FOR ALL THE PEOPLE. Our Reality then, does not
allow slavery, not by any method or means.
18. Prove based upon the law, under the purposes
and desire for justice to all the people: what is fair
about numbers that can be used against, all/ the vast
majority of, the people. What is unfair for the
majority, is for a few, to have immense power over
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them. Prove this is not tyranny. Prove freedom does
not have a price/ and that price is honesty in the
assertion of power, the means called pride. Or more
simply: THERE SHALL BE LIMITS/ so that all may
join in prosperity, and not become slaves to the few.
19. Prove based upon the constitution as the
foundation of ALL law in this nation: that it, the
constitution, does not have jurisdiction above the
courts, legislatures, or president. THAT THE
CONSTITUTION IS NOT THE FOUNDATION OF
ALL LAW. And If, the constitution does have
jurisdiction/ then the preamble to that constitution
dictates the direction, the desire, and the purpose of
the nation itself. It defines the limits of every law/ and
assigns every action or reaction by an employee of
government called WE THE PEOPLE: to its purposes
and desires for this nation. Therefore our employees
are granted knowledge, and they Must, carry
themselves and their work, through to this end, to this
purpose and abide within this law. Regardless of what
“ citizen authorities might say”.
20. Based upon the law; The constitutional demand
to preserve this nation, and protect its people and its
children: is fundamental to this nation. THEN,
ESTABLISH how the ransacking, rape, destruction of
everything necessary for life, the gambling with
nature itself by purposely mutilating it, the weapons
of mass destruction, and the failures in countless
arena’s of hope and happiness can exist? Prove the
law and the constitution do not demand you shall
obey, and choose LIFE FIRST. PROVE the
employees of government have not so badly stripped
honor, respect, dignity, and duty from this nation, that
it no longer bares any resemblance to constitutional
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intent/ AND THEN EXPLAIN WHY THAT IS SO, as
the protectors and defenders of the constitution itself:
The us supreme court.
21. Based upon the law, PROVE THAT DEBTS DO
NOT HAVE TO BE PAID/ THAT ACCOUNTING
DOES NOT NEED TO BE REAL/ AND THAT
WHERE BANKRUPTCY IS EVIDENT AND
TRUE: there will not be a remedy within the law.
Prove the people must work for lies, liars, and fraud;
because if they don’t, then they die. Prove truth in
the money/ or stop the descent into absolute
economic chaos and civil war.
22. Based upon the law: PROVE THAT FRAUD,
the intentional presentation of false & misleading
information, for the purpose of controlling the
decision of others: wherein we the people must rely
upon that information/ and base our own decision:
FOR OUR FUTURE, OUR CHILDREN, OUR
LIVES; therefrom is NOT an injury to the people.
We have indeed been injured, because LIARS control
the information we receive. PROPAGANDA is
everywhere. There can be no trust in government,
there can be no trust in financial institutions, there
can be no trust in the money supply, there can be no
trust in suggestions that to multiply the numbers
called money by trillions of dollars is not inflation.
There can be no trust in “letting the wealthy grow
their numbers by trillions”/ while letting the poor and
majority simply have enough to survive, if they can:
is anything but slavery. It surely is. There can be no
trust in dollars, when the numbers represented by
each 1 trillion dollars is equal to 50 million workers,
at $20,000.00 dollars each. It is fraud. Change this,
or be charged with criminal contempt, intent, theft,
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and corruption.
23. Based upon the numbers called money, WHEN
does theft become apparent and real/ when is fraud
too much to endure? When it is said that social
security for the masses is indebted by 52 trillion
dollars= $1.05 million per worker in unpaid debts. Is
that enough to declare fraud? Is that enough to
understand theft has occurred and investigate before
all the people to determine WHERE DID THIS
MONEY GO? Because the people paid/ so where
did the money go? Is this not their right to know,
who stole their future. PROVE REALITY/ NOT
DELUSION or subjected to lies. Prove what is
true today/ NO predictions for the future, WHAT IS
SIMPLY TRUE IN THIS MOMENT OF TIME.
We will decide, who is thief.
24. Based upon the law, establish the penalties for
those directly responsible for attacking the people, by
adhering to the enemy and subverting the guaranteed
rights of the UNITED STATES CONSTITUTION.
Are these guaranteed rights, such as is represented by
this case: immune from attack by our employees, or
not. IS THE RIGHT TO MAKE YOUR OWN
DECISION AS A CITIZEN OF THIS USA, in
matters that are fundamentally presented, with
legitimate evidence, predicting life or death for the
nation, the children, or the world: not a guarantee:
WE THE PEOPLE need to know/ so that WE THE
PEOPLE shall then decide? If not, then who has the
right to decide, A RISK: that includes, the fate of
every life on this planet? Because fools are risking
this very thing/ and because the experiment has not
been carried out/ nor can it be carried out without
treason to the people: NO prediction apart from “this
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is possible” can be made. WE THE PEOPLE DO,
HAVE THE RIGHT TO DECIDE FOR
OURSELVES/ if this risk is too high. My life/ our
lives; Our decision under the law, by investigation
of the evidence/ OR JUST PLAIN REFUSAL to
accept any such risk at all. Thereby demanding the
end of ALL, “big science” forever.
25. Based upon the law, WHO HAS THE RIGHT to
mutilate nature itself? Who has the right to gamble
with every food we eat? Who has the right to ransack
and remove every resource? Who has the right to
waste the water, or use it unwisely? Who has the
right to threaten a world, or even a single child
without protection from the law? Answer the
question. IS IT NOT YOUR JOB, AS THE US
SUPREME COURT TO PROTECT THE PEOPLE,
INCLUDING THE FUTURE? Prove what is
required of you.
26. Based upon the law: ESTABLISH the
parameters through investigation, that determine
criminal corruption in government. The list, of what
you an employee of the people SHALL NOT DO/ and
the punishment that WILL be applied if you fail to
abide in that demand.
And then create the foundation upon which
WE THE PEOPLE, shall NOT pay any more tax,
until this corruption is ended, the criminal is brought
to justice/ or the nation is returned to life first, and not
the fraud of money.
27. Based upon the law: establish the penalty for
those who have taken the property and equity of WE
THE PEOPLE, and spent it carelessly and without
any sense of truth, or duty, or responsibility, or honor,
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or honesty, ETC. Creating for the people instead:
the beginning of a terrible crisis of economy/ a
tragedy for this world. Explain how fantasy,
delusion, and just plain lies and stealing SHALL
HAVE A COST. As it is done to the majority, when
they do the same. PROVE there is no immunity in
government, for employees engaged in criminal
pursuit/ or simple fantasy, from which true and real
injury to the people does occur.
28. Based upon the law, and its interpretation of
justice: DEFINE the meaning of WE THE PEOPLE.
Explain our authority over government, and examine
OUR RIGHT to control change within that
government by and within, constitutional intent.
29. Based upon the law: PROVE, you the US
supreme court have not in fact, given this nation over
to fraud and manipulation by allowing all media to be
controlled by a tiny few people. Taking the voice of
the people from them, and contributing to the
destruction of Democracy, and this nation called the
United States of America.
30. Based upon law and equity: PROVE the
employees of this USA have not counterfeited money,
by fraudulent representation of the facts. Article 1 of
the constitution allows for the power to borrow
money on the credit of the USA/ but it does not give
power over to anyone to RUIN THE CREDIT, or
HONOR OF THIS USA. Prove it is not so. Prove
the continuation of lies, the fraud of numbers, the
theft of inflation whether admitted to or not, the
disruption of money by ruining its value for the
people, the failure to regulate and protect the
foundations and general welfare of the people of this
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nation/ or this state, is in any way “constitutional”.
Prove the employees of every branch of government
both state and nation, HAVE NOT FAILED. ARE
NOT FAILING. And will not destroy the foundations
upon which this nation depends. Their methods have
proven otherwise/ with clarity, certainty, and absolute
disregard for truth. WANT, is NOT ENOUGH.
Fantasy and delusion are merely descriptions for
fraud, failure, corruption; and describe only LIARS.
It is not “government”/ it is “organized crime”.
31. Based upon law and equity: PROVE, if this
nation must go to war/ that we shall all not go to war
in every sense with these soldiers, by draft, by
constriction of business and industry for the purposes
of war, and by the taxation necessary to wage war:
AS THE PEOPLE THEMSELVES DECIDE BY
VOTE. It is our lives/ therefore it is our decision to
go to war, or not. NO MORE GOVERNMENT: It is
OUR RESPONSIBILITY TO DECIDE, IT IS OUR
DUTY, to provide true and real support, where war is
concerned: until those soldiers come home, or
treaties are signed to relieve the danger. And find
their “common lives” back.
32. Based upon constitutional intent for a true
democracy as WE THE PEOPLE: PROVE it is not
time and truth, that we as a nation do not have the
power to communicate directly with the people, be
informed as an educated populace, and make the
decisions that we choose to make: for governing
ourselves. Prove voting for me, for the laws and
important decisions as is necessary and real/
INSTEAD of voting for someone to vote for me, is
not DEMOCRACY AS WE THE PEOPLE, in more
perfect truth. Prove the constitution does not allow
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“for forming a more perfect union”.
33. Based upon the critical realities of life as a
nation, PROVE there should not be limits to
immigration: DEMANDING of those who desire to
live here, that after a period of NOT MORE than 7
years, “good behavior: a case in point the James F.
Osterbur Versus Alit Selimi trial; found in case
abstract www.trialforlife.info ”/ they shall have
indeed accepted the duties and applied, and become
citizens of this USA. Or shall be considered
potential enemies, as they have no allegiance with
this nation/ and shall be deported. Either you will
walk with us, or somewhere else.
34. Based upon critical facts and foundations upon
which our very survival depends: PROVE WE
SHALL SURVIVE the future these complete failures,
“called leaders/ called university graduates” have
caused for us to be threatened with; as clearly
outlined in www.justtalking.info . It is not an idol
threat, to face starvation, because there is no fertilizer
(we know it will end, with a population currently
growing at 2 million people over deaths, per week) /
no water for irrigation or drinking (at one inch of
aquifer regeneration per 50 inches of rainfall, WE
KNOW, these will end) , or a dead ocean (WE
KNOW, how much sea life is sold), or a world
devastated by pollution ( WE KNOW, how many
trillions of gallons are “dispensed into this world”),
weapons of mass destruction (leave no room for
doubt/ terrorists, hate, pride, and a thirst for power
will prove they are coming quickly) , pandemic’s
caused by COMPLETELY IRRESPONSIBLE use of
antibiotics in animal feed ( WE KNOW, this is
altering the balance of microscopic species, and
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mutilating them against us)/ genetic mutilation (even
a worm should know better, damned fools)/ blind
damnation as has “ big science” become to this world
(playing with bringing heat, vacuums, and energies
beyond what is found in the common universe here to
earth; just how brain dead do you have to be/ how
utterly arrogant and filled with the cancer called pride
to fail to understand such stupidity is being dead:
WAKE UP); and more. HOW IS THREATENING
AN ENTIRE WORLD/ THIS ENTIRE NATION
CONSTITUTIONAL: Explain it, this is our lives &
our future. NOT your damned toy.
35. Based upon critical facts and foundations of
knowledge: WE KNOW, how much oxygen it takes
to burn fuels in fire. WE KNOW, how much fuel is
sold/ therefore we know how much fire, and as a
consequence how much oxygen by volume must be
dedicated to these fires. Use math, and learn that
consumption exceeds the ability of plants on this
earth to replace that oxygen (even before a single
living creation, takes a breath). WE KNOW, by the
experiments done in the desert, “for space
exploration”; That the oxygen needed to be
produced will fail. PROVE, it is not “governments
job” to intervene in this catastrophe.
36. Based upon critical facts and absolute truth with
regard to known realities: PROVE the religious
education called evolution/ should not only be
“evacuated or destroyed from all governmental and
education institutions”. PROVE YOUR FACTS, or
fail and be dissolved forever. PROVE, what the body
does not need immediately, or it will die. Prove this
religion of the damned, has any place among the
living.
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37. Based upon JUSTICE AND FAIR PLAY is not
being dissolved in a courtroom. Prove the tyranny
of a courtroom wherein words and rules are used as
weapons: whose objective is to steal, pillage, rape,
and destroy the trust of the American people in their
NEED FOR LAW; by becoming a place only of
money. Life is not defined by money/ it is created by
truth, established in society by honor/ developed
through the disciplines that are duty and
responsibility. It is not for the greedy to be held
high, “as winners”. NOT FOR lawyers,
corporations, and others that manipulate the law,
bribe the lawmakers, and are nothing more than
treasonous enemies to the harmony and peace
intended by fair play. OUR foundation demand upon
the employees of this government called WE THE
PEOPLE; Is justice. Prove this is not so.
38. BASED UPON REALITY: prove there shall not
be change/ from one end of governmental influence,
to the other: until such time exists, that this UNITED
STATES OF AMERICA again stands for honor,
respect, and TRUTH. Prove every employee shall not
comply with the demands of a courtroom to create a
full and complete understanding of what is real and
true, in this United States of America. There shall be
NO “fifth amendment” with regard to an employee of
the people/ THEY SHALL ANSWER WITH ALL
HONESTY AND INTENT FOR TRUTH.
39. Based upon fair play, honorable action, honest
and valid truth, duty and responsibility: define and
explain WHY the bad decisions of the wealthy, are
my responsibility. Define and explain, WHY I/ WE
MUST PAY OUR DEBTS/ AND THESE OTHERS,
21
who have had “every resource available to them, for
free, have had access to all necessary information,
and chose ONLY TO BE GREEDY AND CONSUME
US:” NEED NOT PAY THEIRS. Take back the
money/ and produce penalties and payments from
them.
40. BASED UPON TRUTH: the foundation laid by
“institutions too big to fail”/ HAS PROVEN TO BE
A CATASTROPHE FOR THE NATION. Thereby,
none of these shall ever exist in this nation again.
Prove no law should be enacted: to establish the
same. Thereby demand of the executive and
legislative branches: that they will produce this law/
whereby NO ENTITY shall ever take control over
this people again. There shall be limits/ and these
shall be protected by constitutional amendment.
Every state and territory shall abide/ and NO entity
shall do business here, that does not comply;
including foreign or off shore concerns. We will have
protection for the people, with truth in what can harm
us; and reality in what will protect us as life.
22
V.
TABLE OF AUTHORITIES
This foundation law of the Constitution
labeled as the first amendment to the document
NEEDS NO other authority. THE
CONSTITUTION IS LITERALLY THE LAW OF
THIS LAND/ AND THERE IS NO OTHER,
SUPERIOR TO IT. Any other construction or
interpretation is either irrelevant, or criminal by its
intent/ even treasonous.
CONSTITUTIONAL PROVISIONS
The foundation demand for actions and
reactions by our government employees in the
purpose of guiding and protecting our lives, and this
nation: AS IS DECLARED WITHIN THE
PREAMBLE OF THE US CONSTITUTION: We
the people of the United States, in order to form a
more perfect union, establish justice, insure
domestic tranquillity, provide for the common
defense, promote the general welfare, and secure
the blessings of liberty to ourselves, and our
posterity, do ordain and establish this constitution
for the United States of America.
This article 3 of the constitution whereby the
judicial services and responsibilities are proclaimed :
section 1, the judicial power of the United States shall
be vested in one supreme court…. And shall hold
23
their offices during good behavior…. Establishes the
law, that there is NO restriction upon the court/ NOT
to hear any case under original jurisdiction that they
choose to hear; except as identified in section 2. 1
“The judicial power shall extend to all cases in law
and equity, arising under this constitution………to
controversies in which the United States shall be a
party;….and between a state, or the citizens thereof…
Because the concept of redress of grievances
came after the constitution itself, as an amendment it
lacks the absolute clarity of original jurisdiction/ but
there can be no doubt, that the purpose of the court is
to support and defend WE THE PEOPLE, under that
redress of grievances: according to what is necessary,
and within the intent of the people called this United
States of America. ARTICLE 3, is thereby amended
by the purposes and intent of the first amendment
itself/ to protect the people, and defend this nation.
DECISIONS BELOW
The decision of the US court of appeals for
the 7th circuit was entered : DISMISSED on
February 4, 2009 . On March 30, 2009 this court
issued a mandate to remove and destroy the record ,
and evidence of appeal, after 10 days. Those
documents appear in the appendix
JURISDICTION
The appellate court for the 7th circuit argues
lack of subject matter jurisdiction. This petitioner
agrees: THEY SHALL NOT/ ARE NOT
Authorized to hear a first of its kind, first
amendment REDRESS OF GRIEVANCES as
petitioned for me, & for the people, by me. These
are matters which can be dealt with only at the very
highest level of judicial competency and authority.
24
That means a first amendment redress of grievances
can only be heard under original jurisdiction by the
US SUPREME COURT. The appellate court agrees,
it cannot hear this case. That leaves DUE
PROCESS at the doorstep of those employees called
the judges, of this US supreme court.
CONSTITUTIONAL PROVISIONS
Are extended to the words and truths as are
defined and declared the “people right” under the
BILL OF RIGHTS, as are known to be pivotal in the
creation of this nation itself. Thereby they are indeed
companion documents of this US constitution.
Particularly section 2. “That all power is
vested in, and consequently derived from, the people;
that magistrates are their trustees and servants, and at
all time amenable to them.
And section 3; that government is, or ought to
be, instituted for the common benefit, protection, and
security of the people, nation, or community; of all
the various modes and forms of government, that is
best which is capable of producing the greatest degree
of happiness and safety, and is most effectually
secured against the danger of mal-administration; and
that, when any government shall be found inadequate
or contrary to these purposes, a majority of the
community hath an indubitable, inalienable, and
infeasible right to reform, alter, or abolish it, in such
manner as shall be judged most conducive to the
public weal.
And section 4. That no man, or set of men,
are entitled to exclusive or separate emoluments or
privileges from the community…
And section 15. That no free government, or
25
the blessings of liberty, can be preserved to any
people, but by a firm adherence to justice,
moderation, temperance, frugality, and virtue, and by
frequent recurrence to fundamental principles.
Are extended to the words and truths as are
defined and declared the “people’s truth;” under the
Declaration of Independence; as is known to be
pivotal in the creation of this nation itself. Thereby
they are indeed companion documents of this US
constitution. Particularly
“….we hold these truths to be self-evident, that
all men are created equal; that they are endowed by
their Creator with certain inalienable rights; that
among these are life, liberty, and the pursuit of
happiness. That, to secure these rights, governments
are instituted among men, deriving their just powers
from the consent of the governed; that wherever any
form of government becomes destructive of these
ends, it is the right of the people to alter or abolish it,
and to institute a new government, laying its
foundations on such principles, and organizing its
powers in such form, as to them shall seem most
likely to effect their safety and happiness. ….”
STATEMENT OF THE CASE
This petition seeks review of the extraordinary
need, for redirection and stabilization of this nation.
The foundations set up by the founding citizens of
this nation are clear. That we the people are
OWNERS OF THIS NATION and this STATE OF
ILLINOIS.
That as OWNERS OF THIS NATION and
26
THIS STATE OF IL, it is our right to assess and
investigate, and examine, and decide what has gone
wrong with our nation.
It is our right as OWNERS OF THIS
NATION and THIS STATE OF IL, to investigate,
examine, identify, and decide the truth of what our
employees have done to us AND SEEK appropriate
and real opportunities for change/ including but not
limited to: the removal or punishment of any and all
employees involved in corruption or criminal acts.
It is our right as OWNERS OF THIS
NATION and THIS STATE OF IL; to a redress of
grievances for this very purpose. Creating through
the courtroom: an opportunity to hear and collect the
truth, that we may indeed decide as a people, by our
own educated vote.
THE DECISION OF THE APPELLATE
COURT FOR THE 7TH CIRCUIT; DIRECTLY
CONFLICTS WITH THE FOUNDATION AND
LAWS OF THIS LAND/ THIS CONSTITUTION
FOR THE UNITED STATES OF AMERICA.
The decision of the appellate court lacks
respect for the law/ is devoid of respect for the first
amendment/ is evidence of a disease within the
courtroom of america (under the control of the US
supreme court), that is in denial of the first
amendment redress of grievances; A LEGAL
RIGHT PROVIDED TO THE PEOPLE OF THIS
USA.
The appellate court denies
strictly on the appellants brief
and record: demanding this is
“completely incoherent and
27
contains no discernable
claims…. The district court
found that the case was
frivolous and insubstantial and
therefore dismissed it for lack
of subject matter jurisdiction.
Quoting law (federal courts
lack jurisdiction over claims
that are so insubstantial as to
be devoid of merit) And
arising as liars and traitors to
the reality of constitutional
demands applied to the court
system of America.
The appellate court “seems to claim”/ that
there is no discernable relationship to the collection
of taxes, and the expectation or contractual intent of
the constitution that these taxes should be used as the
constitution had intended. Basic contractual law
disagrees.
The appellate court argues “ a litigant in this
court must supply an argument consisting of more
than a generalized assertion of error, with citations to
supporting authority”. They thereby discard the first
amendment of the constitution as “null and void”
creating for themselves a delusion of superiority to
the law.
The appellate court claims “ although we
construe pro se filings liberally, even litigants
proceeding without the benefit of counsel must
articulate some reason for disturbing the district
courts judgment”. Thereby proving through the
evidence and facts of this case, that there is NO
RESPECT FOR THE CITIZEN, and NO RESPECT
FOR THE OWNERSHIP CALLED “WE THE
PEOPLE”. For there is indeed argument based upon
28
the promises made to the people, by these very
employees, all employees: for they are not “kings or
queens, or in any way superior to the law. The law is
established to protect the people, and that means all
the people. ANY JUDGE, who declares themselves
so incompetent as that they cannot understand what
the vast majority of the people of this nation CAN
UNDERSTAND/ says of him or herself: I MUST
BE FIRED.
The appellate court suggests that I do not
challenge the district courts reasoning for calling the
demand for a first amendment redress of grievances
“frivolous and insubstantial” even though the failure
on all counts as is reported daily through media/ the
threats as are constant and real against our lives ARE
KNOWN to any and every educated person as
substantial. Argument is unnecessary, where such
fantasy and delusion exist. Where a judge cannot
raise him or herself out of kindergarten/ or is in
contempt of the constitution of this United States
itself. Because reality states: this is no game!
Because truth states: playing with criminals or
spoiled little children, “is unnecessary”. Dismissed
for lack of merit.
THE DECISION OF THE APPELLATE
COURT IS WRONG
A. THE CONSTITUTION guarantees this
people, and me; the right to a redress of grievances.
THE ACCOUNTING and THE COURTROOM:
NECESSARY TO UNDERSTAND, what our
employees have done to us. AND TO FIND TRUTH,
through investigation, examination, identification,
and decision as the people choose for themselves.
29
B. THE EVIDENCE DECIDES, if a petition
to grant redress of grievances and identify all the
participants/ threats/ thefts/ lies/ and failures of our
employees is necessary. THE COURT, BY
CONSTITUTIONAL LAW, is required to comply.
That evidence is INSURMOUNTABLE.
C. THE EXAMINATION OF ALL THAT
HAS, CAN, SHALL, OR MIGHT AFFECT OUR
LIVES, OUR FUTURE, OR OUR PLANET cannot
be denied.
WE ARE THE OWNERS OF THIS
NATION/ not our employees.
NO LAW or RULE, EXISTS IN
CONTRADICTION TO THE DEMANDS OF
OUR FIRST AMENDMENT RIGHTS.
Only the examination of evidence to
determine if the constitutional mandate FOR THE
PROTECTION AND SAFETY AND FREEDOMS
OF THE PEOPLE CAN DECIDE, this right to
trial of our employees, BY WE THE PEOPLE.
THE LAW DECIDES/ NOT THE JUDGE.
The law walks with me. THE “FACTS OF
FAILURE” by our employees are insurmountable.
UNDER ANY VIEW OF
CONSTITUTIONAL LAW, THE FOUNDATION OF
THIS NATION: THERE IS NO ALLOWANCE
FOR THE JUDGE TO DECLARE THEMSELVES
30
AS SUPERIOR TO THE LAW. NO AUTHORITY,
beyond what the constitution allows. The duty of
interpretation is not a right/ it is a demand to adhere
to the true intent, purpose, and desire as described
within the document itself. IF that duty is not
“substantially upheld”/ THEN the oath of office
sworn to, “as my truth, my work, my job” is
sacrificed to treason and its purposes, by the judge.
CONCLUSION
GRANT THIS PETITION FOR FIRST
AMENDMENT RIGHTS GUARANTEED TO
WE THE PEOPLE!
UNDERSTAND, THE LAW and THIS
NATION: BELONGS TO THE PEOPLE, NOT
the court, NOT the executive power, NOT the
legislative power, NOT the military, NOT the
university or its lawyers. BUT TO TH E PEOPLE.
Appendix containing the proof of service, and
judgment of the appellate court follows
31
PROOF OF SERVICE
I, James Frank Osterbur, do declare that on
this date As required by supreme court
rule 29, I have served the above documents in the
United States mail properly addressed to each of
them, and with first class postage prepaid.
To the names and addresses of those served as
follows: the Solicitor general of the USA room 5614,
Department of Justice, 950 Pennsylvania ave NW.
Washington DC 20530-0001
and to these respondents:
THE PRESIDENT BARACK OBAMA 1600
PENNSYLVANIA AVE NW WASHINGTON DC
20500
THE UNITED STATES SUPREME COURT 1, first st NE
WASHINGTON DC 20543
The US SUPREME COURT JUSTICES
Mr. John Paul Stevens Mr. Antonin Scalia
Mr. Antony Kennedy Mr. David Souter
Mr. Clarence Thomas Ms. Ruth Bader Ginsburg
Mr. Stephen Breyer Mr. John G. Roberts
Mr. Samuel A. Alito Jr.
Mr. Antonin Scalia
Mr. David Souter
Ms Ruth Bader Ginsburg
Mr. John G. Roberts
THE US ATTORNEY GENERAL Mr. ERIC HOLDER, dept of
Justice 10th and Constitution avenues NW Washington DC
20530
The GOVERNOR OF THE STATE OF ILLINOIS Mr.
PATRICK QUINN 207 state house
Springfield IL 62706
Dr. John lindl chief scientist, national ignition facility lawrence
livermore national laboratory 7000 E. ave Livermore CA
94550
I do declare under penalty of perjury that the
foregoing is true and correct.
Executed on ____________
32
The word count on this document is 7,676
words
33 pages. And 4 documents in the appendix file
under judgments, and actions by the court as follows
33

Links to Elements for initiating trial 08-1339

Final Supreme Court Document docketed 08-1339
Appellate Court 4-14-09
Appellate Proof 1-5-09
Appendix Supreme Court 4-22-09
Certificate Of Compliance
Motion Letter US Supreme
Proof Of Service 4-22-09 Redone 5-13
Supreme Waiver
Motion 4-22-09
Proof Of Service 4-22-09 Redone 6-15
Proof of Service 4-22-09
Reality Speaks
Returned Motion
Supreme Court 1-4-14-09
Supreme Court 2-4-14-09
Supreme Court Denies Condensed
Supreme Court Petition 4-22-09 Sent
Supreme Court Petition 4-21-09
untitled-1
US Supreme Court Denies
US Supreme Court 1-09-1
US Supreme Court 1-09
US Supreme Court 7-09