US CONSTITUTION GRANTS PEOPLE ULTIMATE POWER FOR REVOLUTION
By Diana Lee
September 16, 2010
In the last few years, the Americans have awoken to a corrupt government that no longer works for the people, to a police state where the loss of individual liberties and privacy is the norm, and to a deteriorating and overstretching empire that shows all signs of impending collapse. Millions of Americans have finally realized the tremendous power given to them by the framers of the U.S. Constitution to start a revolution for a sweeping change across the nation.
There are actually two approaches to revolution for saving America: non-violence and violence. At this stage, it seems that most Americans believe in the nonviolent method - seeking peaceful resolutions through movements to restore, amend or nullify the Constitution. But, there are some Americans who believe in the revolutionary spirit of our founders' approach to liberation - violence as the only way to force our tyrannical government to respect our liberties and human rights. They believe that instead of convincing some bought-and-paid-for politicians to change their minds, or spending time trying to beat them at rigged elections by getting good people elected, they choose to fight to death in order to win back the country that "belongs to the people."
A free nation that "belongs to the people" was exactly what the framers of the Constitution had in mind in creating a system that ultimately reserves final authority for the people themselves. James Madison, known as the "Father of the Constitution," designed a system of horizontal as well as vertical checks and balances between the federal and state governments. As an absolute defender of the people, he described the concept of separation of powers: "Hence, a double security arises to the rights of the people. The different governments will control each other, at the same time that each will be controlled by itself." To ensure the fundamental rights of the people above the rule of the government, Madison unequivocally included the 10 amendments in the Bill of Rights.
Two groups supporting constitutional restoration in the limelight - Ron Paul Revolution and the Tea Party - came from the same rigid framework and status quo of the Republican Party. The movement headed by Ron Paul who is a staunch advocate of the Constitution and limited government has been growing and getting stronger, attracting largely independent grassroots supporters. The Tea Party led by Glen Beck, Sarah Palin, Sean Hannity and Dick Armey is nothing more than a mimic of Ron Paul Revolution movement but with a gross difference - the majority of the members basically supported Bush & Company that put America on the verge of collapse in the first place. In fact, the Tea Party movement is backed by Fox News under the unscrupulous CEO Rupert Murdoch who fed the American public with disinformation as sugar-coated news during the Bush years. It's not surprising that the Tea Party movement without strong principles or clear policies seems to be imploding with infighting, criticism, racism, and pseudo egotistical leaders.
Besides these two movements calling for restoring the Constitution, other emerging groups have been working to raise awareness of specific tenets of the Constitution to rein in the federal government's abuse of power and usurpation of state and local powers. Two particular insertions - Article V and the Tenth Amendment grant the states not only an independent voice but also separate and equal power to rival the federal government.
Article V offers two ways to alter the Constitution. Amendments may be proposed by either two-thirds of both houses of the Congress or by a national convention called by the legislatures of at least two-thirds of the several states. Most Americans are quite familiar with the first option of constitutional amendment by Congress, but not many are aware of the second option that if a sufficient number of applying states exists for proposing constitutional amendments, Congress is required to call a national convention. Worse still, most Americans don't even know how our Congress "in contempt" has violated the Constitution by totally ignoring "over five hundred state applications requesting a convention." Article V issue exemplifies our dysfunctional government when it's obvious that Congress's refusal to obey the clause in Article V is unconstitutional, but adding insult to injury, the Supreme Court rejected hearing Walker v. Members of Congress (06-244) that claimed it was illegal for Congress to avoid calling a convention.
The Tenth Amendment, part of Bill of Rights, restates the Constitution's principle of federalism: "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."
The Tenth Amendment allows a state the right to nullify a federal law by refusing to comply with the law or permit its enforcement within state boundaries. After all, the states created the national government when they joined together to form a union and not the other way around. Thus, the states retained their supreme power to judge for themselves the constitutionality of federal laws and their absolute right of sovereignty over their soil. But the ultimate power, not lost in that clause, was reserved to the people who created the states.
In American history, many states nullified federal laws they found to be unconstitutional, such as the Fugitive Slave Acts and the Tariff Acts. Once again, state nullification to resist federal overreaching is on the rise. Many states have either passed or proposed legislation or amendments to their state constitutions that nullify federal laws. Here are a few examples that have been highlighted in the news: invasion of privacy (REAL ID), firearms (Firearms Freedom Act) , medical marijuana (Medical Marijuana Act), and healthcare (United States National Health Care Act). One particular state nullification seems to pick up steam that reflects the strong domestic opposition to the wars in Iraq and Afghanistan, the "Bring the Guard Home" legislation to end the unlawful overseas deployment of the National Guard is currently introduced in seven states and active in 20 states.
The framers of the Constitution understood all too well that a free nation must ensure and protect all basic rights of free people. The Bill of Rights, with 10 original amendments introduced by Madison, was essentially the heart and soul of the Constitution. Nothing can alter, diminish or eliminate the sacred entitlements of a free man. Even if the Constitution has to enlarge or change over the years, ALL FUNDAMENTAL RIGHTS of individuals (specifically listed or not) are inherent and guaranteed in the Constitution as stated in the Ninth Amendment: "The enumeration in the Constitution of certain rights, shall not be construed to deny or disparage other rights retained by the people."
Madison once said: "That the people have an indubitable, unalienable, and indefeasible right to reform or change their Government, whenever it be found adverse or inadequate to the purposes of its institution. " To reinforce the ultimate power of the people to decide the fate of their government, the Second Amendment was put forth to protect one's right to keep and bear arms: "A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed." It basically reserves the right to the people for armed rebellion against a tyrannical government.
Whichever form of revolution we seek in the U.S., whether through effective boycotts to fight the military industrial complex, mass demonstrations, or calling for constitutional reformation, the rebellious movement to change our government is inevitable. It's time for Americans to realize that the Constitution has granted the people enormous power to decide the fate of our nation. Our founders did not leave us hopeless, helpless or defenseless, instead they carved out a road to rebellion in our Constitution to carry out our ideals of a FREE NATION.
So, let's get going and let freedom ring!!!
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