The Eternal Right of The People to Control Government
As a part of the basis of thought, rationale, logic, reason and justification for breaking away from England and becoming a separate nation certain principles were enshrined in our Founding Documents. Those principles must be instilled in our children and in our citizens and both preserved and promoted if we hope to KEEP the freedoms and liberties that are naturally ours and which our Founders and many who followed have struggled, fought and died to protect.
Among those principles are two that are vital: the ABSOLUTE right of The People to define and control government and the associated Right of Nullification.
The Declaration of Independence states, in part, that when any government becomes too controlling or abusive of its power and encroaches too far onto the natural rights and liberties of The People, "it is their right, it is their DUTY (my emphasis), to throw off such government" and that "it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness." The Principle is clear ... GOVERNMENT is NOT the master, even through those elected to represent us ... THE PEOPLE are always the MASTER over the government.
The Declaration comments on the patience of The People, referring with regard to conditions at the time of our revolution that "Prudence, indeed, will dictate that Governments long established should not be changed for light and transient causes; and accordingly all experience hath shewn, that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed." Accordingly, means and methods were provided in our Founding for an ORDERLY modification and change of government By The People in accordance with THEIR interests and it is, and always HAS been, preferable for change to be made through those means. But just as at that time, if and when conditions are no longer "sufferable" then The People have a RIGHT and a DUTY to THROW OFF THAT GOVERNMENT by any means necessary and to replace it. What some will label "sedition" is therefor only our natural right and duty to ourselves and our posterity - not to be undertaken lightly but ultimately superior to any right of an existing form of government to continue.
The expressions of disagreement, demonstrations of that disagreement, and belligerence against existing government are ALL natural, acceptable and protected rights we each enjoy. Attempts by government or others in any form to withhold or deny those rights are unacceptable. It is only if individuals ACT to harm others or to deny them THEIR rights that the law may rightfully interfere - not simply if someone is offended or even alarmed by the opinions of others. There is always the freedom to turn away and not listen to that with which we disagree and THAT, rather than forcing others to comply with OUR views or denying them their right to express THEIRS, is what should be done.
NULLIFICATION, either by individuals or in groups, is the rightful tool of citizens when acting to "throw off government". It has also been called "civil disobedience". Indeed, in one of the early and most fundamental decisions made by the Supreme Court (Marbury v. Madison, 1803) it was held that "a law repugnant to the Constitution is void" and may therefore be refused, disobeyed or ignored. This would apply in the same way to all rules and regulations that are derived from such laws. Of course, "breaking the law" will at least temporarily result in action by the authorities and to prevail it may be necessary to go to the expense and effort of proving through court action the rightness of our refusal to obey. We may or may not have chosen correctly ... but our Right to refuse to comply with laws that are unconstitutional cannot be denied.
Certainly we have a duty to uphold and promote an orderly and just society, with "equality and justice for all" ... but too often, either in its zeal to "help" or in the service of special interests, government becomes intrusive and abusive - and "it is our Right, it is our Duty" to reject, refuse, deny and THROW OFF such government instead of continuing to "suffer abuse" by inaction.
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