The Constitution Vs The notification of Independence

Non Profit Bylaws Sample - The Constitution Vs The notification of Independence

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In exploring the workings of governments; the bureaucracies that define how they interact with the citizenry, and how the citizenry are manipulated for political and economic purposes; I have learned that there is a great deal of blurring in the average citizen about the formation of governments and the power ready to keep those governments.

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A good example is the lack of understanding of our own historical foundations. Europeans discovered the Americas and related islands over 250 years before some of the British colonies seceded from the British Empire, and established their own governments. For over two and one half centuries the laws of Britain along with the colonial laws, approved by Britain, provided to the citizenry their social, economic, and political structure. With the expanding improvement of the colonial economies and the plentifulness of resources for manufactures and trade, England continually taxed the Colonies of their efficient labor and reserved supply wealth. Economic disparity with England, reinforced by the collective and political disparities between England and the Colonies, was the motivation for colonial self-determination and desire for unblemished control and ownership of the wealth generated by the Colonies.

Thus was born the announcement of Independence; a very strange document, whose validity cannot be argued in any court, since it predates any court that its formulators would recognize as a valid court. The authority claimed by those who wrote this document is placed by them above all other. However, the U.S. announcement of Independence and the U.S. Constitution with its Bill of Rights, are in such great disagreement with each other, that they mutually exclude the authority of the other to be the car by which community may establish, promote and keep its government; to inflict the authority of one is to negate the authority of the other. It is impossible to believe that both of these documents are valid in their exclusive philosophies.

From the announcement of Independence:

"When in the procedure of human events, it becomes indispensable for one citizen to dissolve the political bands which have related them with another, and to assume among the powers of the earth, the separate and equal center to which the Laws of Nature and of Nature's God entitle them,...} creator with sure unalienable Rights, that among these are Life, Liberty, and the chase of Happiness. That to obtain these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed. That whenever any Form of Government becomes destructive of these ends, it is the Right of the citizen to alter or to abolish it, and to fabricate new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to follow their safety and Happiness. Prudence, indeed, will dictate that Governments long established should not be changed for light and transient causes; and accordingly all perceive hath shown, that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a fabricate to sacrifice them under absolute Despotism, it is their right, it is their duty, to throw off such government, and to furnish new Guards for their hereafter security.}..... We, therefore, the Representatives of the United States of America, in general Congress, Assembled, intelligent to the supreme Judge of the world for the rectitude of our intentions do, in the Name, and by authority of the good citizen of these Colonies, solemnly issue and declare, That these United Colonies are, and of Right ought to be, Free and Independent States; that they are Absolved from all Allegiance to the British Crown, and that all political relationship between them and the state of Great Britain, is and ought to be totally dissolved; and that as Free and Independent States, they have full Power to levy War, close Peace, ageement Alliances, fabricate Commerce, and do all other Acts and Things which Independent States may of right do. And for the keep of this Declaration, with a firm reliance on the safety of divine Providence, we mutually pledge to each other our Lives, our Fortunes and our sacred Honor."

This sounds like pretty strong stuff. Why would the Colonies, which were being treated like Third World countries, want to justify their intentions and subsequent actions? Principally because the validity of any government formed to control the myriad duties of government, must follow from some authority. When the British, and other peoples, were colonizing the world, they governed by the authority of their King or queen and their Parliament. They enforced their authority with their army and navy. The American colonists needed some equal or greater authority to justify their illegal insurrection, and proceeded to claim that authority from the Creator. The announcement informs us that the elected representatives of some of the colonists had received authority from some of their constituents to dump the British government and to form an independent government for each Colony. Since you had to be white, male, and a property owner, just to be a constituent, it is unlikely that any natural law or divine authority could be forthcoming from such a tiny group.

The authors of the announcement have informed us that the "Laws of Nature and Nature's God" entitle self-determination; that citizen are endowed by their creator with sure unalienable rights; and that these authors appealed to the supreme Judge of the world to claim validity for their actions; and that they prayed for the safety of divine Providence for their undertakings. These authors were in fact claiming divine authority for their intentions. The base citizen of the time had no authority to give. Over two hundred years later it is still not clear if this authority from the creator is a one shot deal, or if any group of citizen willing to exercise self-determination may also use this excellent authority.

Oddly enough, the United States supreme Court could not rule on the legality of whatever forming a government in a similar manner. To rule in favor of such an activity would be to interfere with a foreign power. To rule against such an activity would be to negate its own existence, and thereby render all of its decisions null and void. The supreme Court is tiny to only verifying either or not a legal consulation brought before it is constitutional within the framework of the United States Constitution. No constitution has the authority to void or nullify the formation of other constitutions. The supreme Court cannot rule on the validity of the United States Constitution itself, and is thereby unable to legally rule on the validity of any other constitutions. The legality of insurrections and revolutions must always be considered by a different court than we can peacefully convene on Earth; namely, the court of war.

After gaining the indispensable authority to justify their actions, the colonists then proceeded to raise an Army and a Navy, which after a long and difficult war, were able to demonstrate to the British Army and Navy that they no longer had any power to inflict British political and economic authority in the American Colonies.

So what did these free, independent, and self-determining Colonies do to added this God-given chance for any peoples to claim the right of self-determination? They formed a Confederation, elected a Congress that could appoint military men, and gave to them the indispensable authority to unite the Colonial Armies and Navies into one force. After the war they formed a new Continental Congress, which established a Constitution founded on the authority of the confederated congress and its Army and Navy. They proceeded to enact statutes that forbade divine right as a justification for establishing government, as being invalid and illegal. They now had the authority of their own Army and Navy to keep any body of law that they would select to establish. They proceeded to invalidate the announcement of Independence and their old twelve years of labor and sacrifice.

Although we attach a great deal of importance to our announcement of Independence, we must understand that this Declaration, and all declarations, are irrelevant to any other groups exercising political authority. They only serve as red flags waved in the face of institutional authority. Everyone that declared their independence from England in 1776 was promoting and partaking in an insurrection against established and valid authority. This type of activity can only follow in civil war. Both sides call themselves patriots. But the established community calls the revolutionists rebels, while the revolutionists call the ruling government despots and demagogues.

Our history has two examples of insurrection and civil war. The rebels of 1776 succeeded in declaring their independence by raising an army sufficient to fabricate the authority that arises from first-rate arms. first-rate arms, however, defeated the Confederate States of America in 1865, and therefore their announcement of independence has failed to fabricate a date from which to report the birth of a new nation.

Declarations of independence and constitutions are words on paper; they carry easily no authority. From their very beginning and throughout their existence their authority arises either from voluntary assent of the citizenry, or force of arms to impel dissenters to act in accordance with existing law. A nation is made whole everyday, by assent or by force.

The following are excerpts from the U.S. Constitution, which will demonstrate the disagreement between the announcement and the Constitution.

Article 1, Section 8:

The Congress shall have power... you have new knowledge about Non Profit Bylaws Sample. Where you'll be able to put to use in your day-to-day life. And most of all, your reaction is passed about Non Profit Bylaws Sample.