As the launch date for Operation American Spring nears, most
of us have made our individual decisions as to whether or not we will take part
in the action, and the manner in which we shall support or oppose the mission in
accordance with our personal interpretations and considerations.
The struggle in the minds of many is the desire to take some
action which might help us to restore our liberties while honoring our oaths,
affirmations and declarations to live under, support and defend the
Constitution of the United States, which provided us a roadmap and baseline for
a representative republic.
Central to the intentions of our founding fathers was the
consideration of procedures which would do their best to protect the union of
the colonies in America from the dangers which they were all too aware of at
that time. The Constitution creates the
rules for how our government would be established, and provides for protections
against those evils which would destroy it.
One such concern included the danger imposed by a rise of a tyrannical
oligarchy or aristocracy, which might be protected by an overwhelming might of
a standing army on the very soil of this nation during a time of domestic peace.
However, there remained yet still other considerations which
included a threat of anarchy, a state of lawlessness, where the rules of our
government would be ignored, resulting in chaos throughout the union.
Additionally considered was the threat of insurrection, or overthrow of the
government, by acts of domestic violence.
It seemed to the framers of the Constitution that in order
to create a more perfect union and to ensure domestic tranquility, a system
would need to be devised that guaranteed every person in our union a republican
form of government, which would be protected against these destructive concerns
through the exercise of the might of the people themselves in the form of the
militia, which could be called forth by Congress "to execute the Laws of the
Union, suppress Insurrections and repel Invasions;"
When this nation was forged, not every colonist and British
subject shared the same political beliefs and philosophies. Such division has existed throughout our
history and continues today. Careful
consideration was given to create a process by which in the face of such
suspected ongoing division, a fair and representative balance could somehow be
maintained. It is that balance that is
attempted by our Constitution in the ways it set forth both houses of Congress,
the Presidency and the courts. These
methods include most prominently an electoral system which attempts to establish
a governing team with hopes of ensuring adequate representation of the
collective will of the people. This system included a division of the number of
representatives to be chosen through alternating term cycles, designed to
protect our nation from becoming a democracy dictated by an unruly mob acting
upon the immediacy of any particular widely held political situation.
Many Americans today live under an opinion that something
has gone terribly wrong with this system that has served our nation for over
two centuries, and that we find ourselves already living under a tyrannical
oligarchy where rights long ago protected by our Constitution have been
stripped away. Still, there are others
within our society who disagree, and see our nation now improved as a more
perfect union through the benefit of laws imposed upon us which arguably attempt
to provide rather than promote our general welfare.
What many people fail to understand, is that these opposing
views are far from new. When you look
back throughout the history of the United States, there has always been a great
deal of division in our political situation.
The rights afforded to us by our creation have always been at the center
of such divides and central to the deliberation of laws, their execution, impacts
and adjudication. Each successive
generation since our founding has expressed further degradation of our compact
as each political term, through the normal course of governance, has catered in
some way to various lobbies for particular causes that some may either champion
or condemn.
To present the point more simply, an arduous task in the
face of such complexities, there will always be some level of discontent
between those who govern and those who are governed. At what point, we must consider, does that
level of discontent graduate above light and transient causes to dictate
change, and by what manner is such change to be deliberated and executed?
The Declaration of Independence was deliberated by what the
King would have considered illegal bodies of seditionists plotting
insurrection, which we know stemmed from Committees of Safety which delegated
representatives of the colonies to a Continental Congress. While hostilities had already commenced with
the battles of Lexington and Concord, the American Revolutionary War would be
the method of execution to free America from the despotic rule of the King of
England.
Some might assume then, that the only course of ridding the
nation of tyranny today would be through some form of combative experience
involving death and sacrifice, where the fitter beast of war would dictate the
future our nation through its outcomes.
Others argue that our Constitution's guarantee of a republican form of
government is assured by the electoral process, where the war is waged by the
pulling of a lever, pushing of a button or punching of a card at the local
ballot box.
Quite evident since the inception of our nation, has been a
disruption of fair elections by limitations imposed by electoral regulations,
criminal misconduct by election officials, human error and technical glitches,
financially prohibitive campaign practices, party and jurisdiction based
nomination policies, and voting by unqualified and deceased persons.
Many contend that today such corruption is so overwhelming
that there is no fair way for appointing our representatives. Did our founders then leave us only with revolution
as the last remaining viable option, or is there something else which we have
overlooked?
The Supreme Court of the United States has declared that
while the first amendment protects our right peaceably to assemble and to
petition the Government for the redress of grievances, there exists no
obligation for the government to hear or act upon them.
Being aware of this, it becomes clear that a majority of peaceful
assemblies or protests are designed mainly to attract media attention to the
concerns of a group, in order to make a plea to the general population in terms
of the issues espoused. Usually, the
effective result would be to influence the voters to cast their ballots in
favor of a candidate or issue in line with their point of view. Occasionally however, a protest comes along
involving calls for particular actions which may include breaking up a court,
shutting down a business, cutting off trade, or making specific demands outside
of their direct authority such as the removal of elected officials from office. These latter types of protests bring with
them the suggestion of violence merely because they usually call for or demand an
act which likely violates the law, usually culminating in a clash with law
enforcement.
Usually such protests are hailed by their organizers as immediately
necessary to put an end to something which greatly angers them, where they are either
unwilling to take the proper legal approach or have failed in such attempts,
placing the members of the protest and members of law enforcement in a potentially
dangerous situation which may quickly become out of control. Compounded by a mass of individuals
sufficient to override the capability of law enforcement to maintain public peace,
such events are converted to what are termed unlawful assemblies and civil
disorder, requiring the actions of law enforcement to quell or dissipate the
assembly for the safety of themselves, the protestors and innocent
bystanders. If law enforcement is
overwhelmed, defeated and forced to retreat, the acts of the protestors may be
considered rebellion.
Can you imagine that our founders would be so carless as to
neglect enforcement of our Constitution's guidelines to permit or endorse a
later internal revolution, or would they have worked tirelessly to ensure this
compact would be adequately protected?
During the drafting of the Constitution of the United States
of America, items repeatedly sent to committee for reconsideration were those
passages involving the militia. If
Congress, the President, the Courts and the States truly upheld our Constitution,
I challenge there would never be cause for a revolution here again in this
nation. The duty of all able persons in
our society to enforce and protect this contract, if it were kept up, would
most assuredly have provided obstruction against tyrannical control of any
elite class.
However, something went seriously wrong in our history which
must be acknowledged before we can seek plausible solutions to the dilemma of
despotism facing us today. Should
Operation American Spring fail to be effective, it would be prudent to
understand there are other alternatives than the refreshing of the tree of
liberty with the blood of patriots and tyrants.
Shortly after the end of the Revolutionary War, while our
nation was united under the Articles of Confederation, returning soldiers
received their pay in the form of British pounds which had been steadily
declining in value. Farmers who had
invested in upgrades to their land for the purpose of feeding soldiers at war
were now left in debt and burdened by new property taxes demanded of them by
the commercial elites who sat in power over the States. Patriots who had served their fledgling
nation had their properties liquidated by the courts, which in effect stripped
them of their right to vote, as such a right was based upon property ownership.
Penniless poor veterans of the war were thrown into prison for their failure to
pay, often dying from the deplorable conditions and disease thriving in such
institutions.
They had petitioned their government through their county
committees for a redress of their grievances but were ignored. Finally, men like the veteran Daniel Shay,
gathered in their local militias, turning protests into direct actions beginning
in August of 1786 and marching upon the court houses in massive protests causing
such court houses to close their doors and for a while brought an end to the
practice of the taking of property and the imprisonment of debtors.
Samuel Adams, a man
many refer to as a patriot for his prior role during the Revolutionary war, had
now been considered by many to be one of our nation's first tyrants. Once an avid supporter, he now called for the
abolishment of the representation afforded by county committees as being no
longer necessary. He labeled the likes of Daniel Shay and those that followed
him as rebels, and called for the suspension of habeas corpus and the putting
of such persons to death.
"in monarchies the crime of treason and rebellion may admit
of being pardoned or lightly punished, but the man who dares rebel against the
laws of a republic ought to suffer death" - Samuel Adams
He championed the passage of the Militia Act, which called
for the execution of any militia officer or soldier who had taken up arms
against the state and the Riot Act in 1786, providing severe punishment for
rioters. Such acts resulted in an
increase to the hostile situation in Massachusetts. The commercial elite raised funds for a
standing army to be sent out to protect the operations of the courts in order
to maintain a system inuring to their benefit.
Warrants were issued for the arrest of the ringleaders of these
protests, and upon one of them being wounded by the slash of a sword, war had
begun again in America.
It was during this conflict and political climate that
George Washington was convinced to leave his Mount Vernon home in order to preside
over a convention of the States called upon to correct the shortcomings of the
Articles of Confederation and consider the lack of power the federal government
had over the situation in Massachusetts.
The resulting document is our present Constitution, which had been
augmented by those who had aligned their sentiments with the likes of the
supporters of Daniel Shay's rebellion demanding the attachment of a bill of
rights in order to provide protections for the people against the despotic rule
of a class of commercial elites having command over a standing army.
Daniel Shay was pardoned after swearing allegiance to this
new version of governance. He did so,
convinced that the people would be protected from retaliation by any act of
Congress while assembled peaceably for the redress of grievances, that they
would be ensured guaranteed representation for their counties through a
republican form of government; and that they would be free from worry against
the infliction of cruel and unusual punishments.
For those that had hoped this new Constitution would protect
them against acts of domestic violence in the form of insurrection or
rebellion, they were content with the provisions preserving the militia which
could be called upon to put them down.
The great mistake here was the failure to completely define
and clarify any universal understanding of the militia, beyond the basic common
conceptions at that time, yet to be expressly provided for within the
Constitution itself. Some would contend,
that a force of the people, as in those which made up the entirety of Shay's
Rebellion were the true militia, and that the privately paid mercenary force of
the commercial elite would be considered a feared select militia or standing
army. Yet others interpreted and
considered "The militia of the several States" as the very armies created by
the elitists in power over the States, and that Shay's followers were
insurgents who had committed acts of rebellion and insurrection. Today, some may argue that the clarification
of such issues was not a federal function and had been left to the States and
to the people to decide.
In the latter half of May in the year 2014, shortly upon us,
the efforts of a retired colonel organizer with so many awards he leans a bit, who
has been leading the charge for a declared peaceful protest with specific
demands, seeks to accomplish his stated goals through the principle of mass or
wishes to make use of such a situation for an ulterior purpose.
In any great society, people will disagree and some will
also rise up when their rights are taken from them. However, in the face of a despotically ruled
government, initial attempts will usually fail.
First individuals and then groups would make sacrifices, but the results
come down to a limited set of a few outcomes.
The three base outcomes we should all be aware of are
Success, Failure or Bloodshed and those considered combinations thereof. Of critical importance is the inclusion or
exclusion of bloodshed, especially for all of those concerned with the safety
of those attending never wishing to have obstructed peace.
Success absent
bloodshed and perhaps worthy of any previous or slight failures may appear as
an accomplishment, yet what would be its effect?
If the mission succeeds, perhaps Col. Harry Riley (Ret.)
would be nominated as our next President, but it could be anyone else, someone
you may agree with or not. Perhaps some
alternate mission was made possible by the success of the one to which you were
involved, but had little idea in which you were taking part. The best case scenario may of course be that
our Constitution has been restored.
Yet, if that is the case, how long shall it be before that
compact is again violated? Absent those
named officials scheduled for removal in the OAS mission, would the body
politic be free from all forms of despotism?
Would our Constitution be reconstructed into a new version of a societal
compact that forever alters the face of our nation? Who will command our
military while the reformations are arbitrated? Will an enemy of our nation
exploit the state of our union? Will the
opposition party not act to negate a perversion of the Constitution upon them,
where they considered such action a violation of their democratic will and
their rightful place of representation in our union? Who is your enemy in a
Civil War where our own families are divided under political viewpoint even
within their own households?
Failure absent bloodshed may be thought of as entirely
unacceptable by those who have heeded the Colonel's call to this mission. Will those following him finally see reason
to pursue other paths or shall they be so inclined to despair that they raise
their arms against their own brethren? Or Shall they fade into our history
ridiculed and vilified?
Bloodshed, which should always be the last considered
requirement to any alleged peaceful mission may not be avoided when acts and
situations are absent control while performed by any man acting outside of the
scope of the laws which bind them together in society. Acts by any member to the situation, who has
through the exercise of his own free will acted only in accordance with his
conscience, and without regard to the rights of others give great risk to all
participants which are enjoined by the unjust shedding of blood.
Men and women of this nation, may be introduced to this
situation and its pending results in the very near future. How will they react? How will the world
indeed react to a great disruption in the domestic peace of the United States
should it occur? What impact will that
have on an already fragile economy and a nation on the brink of civil war where
the first major battle may have commenced or become otherwise imminent? Where shall those of us stand when the initial
smoke clears? How shall we be greatly divided?
Our founding fathers had great purpose in giving authority
to Congress to call forth the militia to suppress insurrections, as sedition
was considered a break of our agreement.
Yet, in the case presented here grievances have gone unaddressed,
whereby those in power lay accused of high crimes and misdemeanors which
include the usurpations of our accord. A
process exists to impeach them, which our representatives are compelled by
their oaths or affirmation to take up, yet our only authority afforded to us by
law to enforce their allegiance comes in the form of the electorate. While many object to the subjugation of
authority mustered by force and absent full representation of the people on
both accounts, the electoral process is the final arbitrator of the affair absent
war or slavery to the more powerful master, should we allow ourselves to be thrown
into the chaos of anarchy.
A revolution represents a wheel of societal compacts,
destined to rotate endlessly when all parties remove themselves from adherence of
the established agreement. Those having not
violated any aspect of the compact ascend to the moral achievement of continuing
to do all which is possible to secure its longevity and repair its fractures
through the rightful adjudication it provides.
It will be up to men to decide if those who have coordinated such events
are guilty of sedition and greatly consider their reactivity in the face of
bloodshed by those who may have innocently fallen victim to the situation, having
been fully advised of its probability.
Should they fall as martyrs to the cause of justice inspiring war, serve
as warnings to all who attempt to break the chains of their masters or be
objectively considered casualties of a fractured nation which must remain united
in conformity with our compact, yet resolute to its full adherence?
Our founding fathers came together on our behalf to provide
us with a system ordained to secure the blessings of liberty and to insure our
domestic tranquility, which is why there are laws prohibiting sedition and
insurrection. Tyranny is to be resisted, and all laws which are not
Constitutional are wholly void and should not be followed, yet the mere
existence of despotism in the electoral system does not negate the right of the
people to chose their representatives, by force if necessary, while being completely
limited as to their jurisdiction which is granted only by lawful residence in
the districts in which they own or rent property. For they have no right to remove or inhibit the
representations afforded to all areas outside of their authority. Each State in this Union may resist federal
tyranny, and each County may resist tyranny using the methods granted to them
by their State constitution, and each person in each town of each county may decide
the fate of such agreements through their vote, which they have a right to
defend in every aspect and all due consideration of law, to be properly
recorded and accounted.
We must be forced to endure the results of our elections,
which are conducted in rotating patterns, allowing us cycles by which we may
test and employ the solutions considered for a more perfect union.We must give reverent servitude to our
compact, but shall never be made to kneel to any law which fails to honor it.
Corruption of the electorate in your State
becomes the absolute essential battleground whereby the sword of the people,
may be properly wielded. Absent the fulfilment of your duty to protect the
rights you cherish on your own behalf, and among the family and neighbors where
you make your stand, you absolutely fail in your individual requirement to participate
in the contract when you avoid the conflict and fall into complacency.
Finally now, these words of my ancestor and our founding
father, Elbridge Gerry who penned, "Literary talents may be prostituted, and
the powers of genius debased to subserve the purposes of ambition or avarice;
but the feelings of the heart will dictate the language of truth, and the
simplicity of her accents will proclaim the infamy of those, who betray the
rights of the people, under the specious, and popular pretence of justice,
consolidation, and dignity."
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