PETITION FOR WRIT OF CERTIORARI


PETITION FOR WRIT OF CERTIORARI
The Issue
TO THE SUPREME COURT OF THE UNITED STATES
AND PETITION FOR INTERNATIONAL RELIEF UNDER UNDRIP
TABLE OF CONTENTS
1. Questions Presented
2. Jurisdiction
3. Constitutional and Legal Provisions Involved
4. Statement of the Case
5. Statement of Facts
6. Reasons for Granting the Writ
7. Relief Sought
8. Conclusion
9. Certification and Verification
QUESTIONS PRESENTED
1. Whether Moorish Americans, as descendants of the Moors recognized under the Treaty of Peace and Friendship (1787, renewed 1836), constitute a sovereign people entitled to recognition under U.S. and international law?
2. Whether the forced classification of Moorish Americans as “Black,” “African American,” or “Colored” violates their right to self-identification and self-determination under both the U.S. Constitution and international law?
3. Does the systemic misclassification of Moorish Americans as “U.S. citizens” instead of “Non-Citizen Nationals; Moorish American; citizens of the United States of America (U.S.A.)” violate their rights under the Nationality Act of 1940?
4. Whether the United States is obligated under international law, including UNDRIP, to provide reparations, restitution, and recognition of the sovereign status of Moorish Americans?
JURISDICTION
This Court has jurisdiction pursuant to Article III of the United States Constitution and 28 U.S.C. § 1257(a), as this case presents substantial federal and constitutional questions arising under the Treaty Clause, Commerce Clause, and Fourteenth Amendment. Additionally, this petition invokes jurisdiction under the United Nations framework for indigenous rights and self-determination.
CONSTITUTIONAL AND LEGAL PROVISIONS INVOLVED
• U.S. Constitution, Article II, Section 2 (Treaty Clause)
• U.S. Constitution, Article I, Section 8 (Commerce Clause)
• U.S. Constitution, Fourteenth Amendment (Equal Protection Clause)
• Treaty of Peace and Friendship (1787, renewed 1836)
• Indian Removal Act of 1830 (28 Stat. 411)
• United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), Articles 26 and 28
• U.S. Constitution, Article VI (Supremacy Clause)
• Nationality Act of 1940 (8 U.S.C. § 1101(a)(21)) (Recognizes Non-Citizen Nationals)
U.S. Supreme Court Precedents
• Worcester v. Georgia, 31 U.S. 515 (1832) (Recognizes indigenous sovereignty)
• Johnson v. M’Intosh, 21 U.S. 543 (1823) (Legal framework for indigenous land rights)
• United States v. Sioux Nation of Indians, 448 U.S. 371 (1980) (Federal obligation for reparations)
• Brown v. Board of Education, 347 U.S. 483 (1954) (Equal protection under law)
International Law
• United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), Articles 26 and 28
• Universal Declaration of Human Rights (UDHR), Article 15 (Right to nationality)
STATEMENT OF THE CASE
Petitioners, Moorish Americans, descendants of the Moors, respectfully seek recognition as a sovereign people under U.S. and international law. Petitioners argue that the Treaty of Peace and Friendship (1787, renewed 1836) established their historical and political identity as a sovereign nation. However, the federal government has refused to acknowledge their status, in violation of the Treaty Clause and international law.
Additionally, Petitioners challenge the systemic misclassification of their identity under U.S. law. The forced classification of Moorish Americans as “Black,” “African American,” or “Colored” violates their inherent right to self-identification. These terms do not represent a nationality, thereby stripping Moorish Americans of their human rights and access to international protections.
Furthermore, the misclassification of Moorish Americans as “U.S. Citizens” under the Fourteenth Amendment—which was historically enacted for freed African slaves—does not apply to Moorish Americans. Instead, Petitioners assert their lawful Non-Citizen National status under the U.S.A. per the Nationality Act of 1940 (8 U.S.C. § 1101(a)(21)).
Petitioners seek declaratory relief recognizing their sovereignty and prohibiting the forced classification that denies them their rightful nationality and human rights.
STATEMENT OF FACTS
1. Recognition Under the Treaty of Peace and Friendship (1787, renewed 1836):
• The treaty between Morocco and the United States acknowledges the Moors as a sovereign people with historical ties to the Americas.
2. Systemic Reclassification and Erasure:
• Federal policies, including the Indian Removal Act of 1830, led to the forced classification of Moorish Americans as “Negro,” “African American,” or “Colored,” depriving them of their lawful nationality and human rights.
3. Violation of the Right to Nationality:
• The Universal Declaration of Human Rights (UDHR), Article 15, states: “Everyone has the right to a nationality. No one shall be arbitrarily deprived of his nationality.”
• The United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), Article 33, affirms that indigenous peoples have the right to determine their own identity and nationality.
4. Legal Precedents for Reparations:
• United States v. Sioux Nation of Indians, 448 U.S. 371 (1980), established the obligation of the U.S. government to compensate indigenous groups for unlawful land dispossession.
5. Religious and Humanitarian Right to Nationality:
• All Moorish American men must have the right to declare their nationality as faithful to humanity and Allah, as guided by the Circle 7 of the Moorish Science Temple of America.
REASONS FOR GRANTING THE WRIT
1. The Treaty Clause Requires Recognition of Sovereignty
• The Treaty of Peace and Friendship provides a binding historical foundation for Moorish sovereignty, which has been ignored by the U.S. government in violation of the Supremacy Clause.
2. Equal Protection Violation
• The denial of recognition to Moorish Americans while granting it to other groups such as the Lumbee Tribe constitutes racial and political discrimination.
3. Forced Classification Violates Human Rights
• The denial of nationality deprives Moorish Americans of human rights under both U.S. law and international law.
4. International Law Mandates Reparations and Recognition
• Under UNDRIP, the U.S. government is legally bound to recognize indigenous claims to sovereignty and provide reparations.
RELIEF SOUGHT
Petitioners respectfully request that this Court:
1. Issue a declaratory judgment recognizing Moorish Americans as a sovereign people. Recognizing Moorish Americans as Non-Citizen Nationals; Moorish Americans; citizens of the United States of America (U.S.A.), not U.S. citizens under the Fourteenth Amendment.
2. Ban the forced classification of Moorish Americans as “Black,” “African American,” or “Colored.”
3. Recognize that Moorish Americans are not subject to U.S. statutory jurisdiction as Fourteenth Amendment citizens, but instead are a distinct national people.
4. Compel the federal government to implement reparations programs.
CONCLUSION
Petitioners respectfully urge this Honorable Court to affirm their rights, ban forced racial classifications, and compel the U.S. government to recognize their true nationality and sovereignty.
15
The Issue
TO THE SUPREME COURT OF THE UNITED STATES
AND PETITION FOR INTERNATIONAL RELIEF UNDER UNDRIP
TABLE OF CONTENTS
1. Questions Presented
2. Jurisdiction
3. Constitutional and Legal Provisions Involved
4. Statement of the Case
5. Statement of Facts
6. Reasons for Granting the Writ
7. Relief Sought
8. Conclusion
9. Certification and Verification
QUESTIONS PRESENTED
1. Whether Moorish Americans, as descendants of the Moors recognized under the Treaty of Peace and Friendship (1787, renewed 1836), constitute a sovereign people entitled to recognition under U.S. and international law?
2. Whether the forced classification of Moorish Americans as “Black,” “African American,” or “Colored” violates their right to self-identification and self-determination under both the U.S. Constitution and international law?
3. Does the systemic misclassification of Moorish Americans as “U.S. citizens” instead of “Non-Citizen Nationals; Moorish American; citizens of the United States of America (U.S.A.)” violate their rights under the Nationality Act of 1940?
4. Whether the United States is obligated under international law, including UNDRIP, to provide reparations, restitution, and recognition of the sovereign status of Moorish Americans?
JURISDICTION
This Court has jurisdiction pursuant to Article III of the United States Constitution and 28 U.S.C. § 1257(a), as this case presents substantial federal and constitutional questions arising under the Treaty Clause, Commerce Clause, and Fourteenth Amendment. Additionally, this petition invokes jurisdiction under the United Nations framework for indigenous rights and self-determination.
CONSTITUTIONAL AND LEGAL PROVISIONS INVOLVED
• U.S. Constitution, Article II, Section 2 (Treaty Clause)
• U.S. Constitution, Article I, Section 8 (Commerce Clause)
• U.S. Constitution, Fourteenth Amendment (Equal Protection Clause)
• Treaty of Peace and Friendship (1787, renewed 1836)
• Indian Removal Act of 1830 (28 Stat. 411)
• United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), Articles 26 and 28
• U.S. Constitution, Article VI (Supremacy Clause)
• Nationality Act of 1940 (8 U.S.C. § 1101(a)(21)) (Recognizes Non-Citizen Nationals)
U.S. Supreme Court Precedents
• Worcester v. Georgia, 31 U.S. 515 (1832) (Recognizes indigenous sovereignty)
• Johnson v. M’Intosh, 21 U.S. 543 (1823) (Legal framework for indigenous land rights)
• United States v. Sioux Nation of Indians, 448 U.S. 371 (1980) (Federal obligation for reparations)
• Brown v. Board of Education, 347 U.S. 483 (1954) (Equal protection under law)
International Law
• United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), Articles 26 and 28
• Universal Declaration of Human Rights (UDHR), Article 15 (Right to nationality)
STATEMENT OF THE CASE
Petitioners, Moorish Americans, descendants of the Moors, respectfully seek recognition as a sovereign people under U.S. and international law. Petitioners argue that the Treaty of Peace and Friendship (1787, renewed 1836) established their historical and political identity as a sovereign nation. However, the federal government has refused to acknowledge their status, in violation of the Treaty Clause and international law.
Additionally, Petitioners challenge the systemic misclassification of their identity under U.S. law. The forced classification of Moorish Americans as “Black,” “African American,” or “Colored” violates their inherent right to self-identification. These terms do not represent a nationality, thereby stripping Moorish Americans of their human rights and access to international protections.
Furthermore, the misclassification of Moorish Americans as “U.S. Citizens” under the Fourteenth Amendment—which was historically enacted for freed African slaves—does not apply to Moorish Americans. Instead, Petitioners assert their lawful Non-Citizen National status under the U.S.A. per the Nationality Act of 1940 (8 U.S.C. § 1101(a)(21)).
Petitioners seek declaratory relief recognizing their sovereignty and prohibiting the forced classification that denies them their rightful nationality and human rights.
STATEMENT OF FACTS
1. Recognition Under the Treaty of Peace and Friendship (1787, renewed 1836):
• The treaty between Morocco and the United States acknowledges the Moors as a sovereign people with historical ties to the Americas.
2. Systemic Reclassification and Erasure:
• Federal policies, including the Indian Removal Act of 1830, led to the forced classification of Moorish Americans as “Negro,” “African American,” or “Colored,” depriving them of their lawful nationality and human rights.
3. Violation of the Right to Nationality:
• The Universal Declaration of Human Rights (UDHR), Article 15, states: “Everyone has the right to a nationality. No one shall be arbitrarily deprived of his nationality.”
• The United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), Article 33, affirms that indigenous peoples have the right to determine their own identity and nationality.
4. Legal Precedents for Reparations:
• United States v. Sioux Nation of Indians, 448 U.S. 371 (1980), established the obligation of the U.S. government to compensate indigenous groups for unlawful land dispossession.
5. Religious and Humanitarian Right to Nationality:
• All Moorish American men must have the right to declare their nationality as faithful to humanity and Allah, as guided by the Circle 7 of the Moorish Science Temple of America.
REASONS FOR GRANTING THE WRIT
1. The Treaty Clause Requires Recognition of Sovereignty
• The Treaty of Peace and Friendship provides a binding historical foundation for Moorish sovereignty, which has been ignored by the U.S. government in violation of the Supremacy Clause.
2. Equal Protection Violation
• The denial of recognition to Moorish Americans while granting it to other groups such as the Lumbee Tribe constitutes racial and political discrimination.
3. Forced Classification Violates Human Rights
• The denial of nationality deprives Moorish Americans of human rights under both U.S. law and international law.
4. International Law Mandates Reparations and Recognition
• Under UNDRIP, the U.S. government is legally bound to recognize indigenous claims to sovereignty and provide reparations.
RELIEF SOUGHT
Petitioners respectfully request that this Court:
1. Issue a declaratory judgment recognizing Moorish Americans as a sovereign people. Recognizing Moorish Americans as Non-Citizen Nationals; Moorish Americans; citizens of the United States of America (U.S.A.), not U.S. citizens under the Fourteenth Amendment.
2. Ban the forced classification of Moorish Americans as “Black,” “African American,” or “Colored.”
3. Recognize that Moorish Americans are not subject to U.S. statutory jurisdiction as Fourteenth Amendment citizens, but instead are a distinct national people.
4. Compel the federal government to implement reparations programs.
CONCLUSION
Petitioners respectfully urge this Honorable Court to affirm their rights, ban forced racial classifications, and compel the U.S. government to recognize their true nationality and sovereignty.
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Petition created on February 7, 2025