Deriving Their Powers From The Consent Of The Governed
The Declaration of Independence set forth the decree to England that the colonies were no longer subject to the rule of England, and consequently, the rule of King George. By the words "Deriving their powers from the consent of the governed", the signers told the king that he was no longer superior to the law, but rather that those that govern are subject to the law, and that the power given to them is given to them with the consent of those they rule. This is a fundamental basis of our rule of law, but one that we have strayed far from in terms of understanding by the populace.
When the government fails to fulfill the obligations placed upon it by the citizenry, then it is incumbent upon the citizens to see that those obligations are fulfilled. This is not the "taking of the law into one's own hands" but rather enforcement of laws that the government is failing to enforce. A citizen making an arrest is quite legal and is the obligation of the citizen when he sees the commission of a crime. He is obliged to use deadly force if he or another is threatened. As a matter of fact, the Supreme Court has found that that the police have no obligation to protect citizens from crime. So, as police are only subcontractors to the public who have no obligation to even protect the citizenry, then citizens have no choice but to protect themselves.
This is why the single-most important issue today is the protection of individual gun rights. Not only must citizens be able to protect themselves from potential harm by other citizens, but also from the government, which was the reason for the 2nd amendment to begin with.
The governed have consented for the Federal government to provide for the defense of the nation, the primary and most important, and almost only, function of the Federal government provided for in our Constitution. However, they have fell egregiously short with the influx of illegal aliens from the southern border. Fortunately, although heavily criticized, the band of citizens called the Minutemen have stepped up and performed the obligations of our government. To be sure, the Minutemen have attempted to work with the Federal government, notifying the government border patrols of illegals crossing the border rather than attempting to apprehend the illegals themselves. But still, due to various motivations, the same government who has failed and forced the citizenry to perform this function discounts those law abiding citizens as "vigilantes".
Due to the political apathy of this country and the continuing dependence upon the government, as well as invitations by some sectors to the government for intrusion, we have almost came full circle to an elected monarchy, our government believing that they have no obligation to the will of the people. They wish to govern in areas that we will not give consent, using the courts to do this, and failing to govern in the areas in which consent is given.
When the government fails to fulfill the obligations placed upon it by the citizenry, then it is incumbent upon the citizens to see that those obligations are fulfilled. This is not the "taking of the law into one's own hands" but rather enforcement of laws that the government is failing to enforce. A citizen making an arrest is quite legal and is the obligation of the citizen when he sees the commission of a crime. He is obliged to use deadly force if he or another is threatened. As a matter of fact, the Supreme Court has found that that the police have no obligation to protect citizens from crime. So, as police are only subcontractors to the public who have no obligation to even protect the citizenry, then citizens have no choice but to protect themselves.
This is why the single-most important issue today is the protection of individual gun rights. Not only must citizens be able to protect themselves from potential harm by other citizens, but also from the government, which was the reason for the 2nd amendment to begin with.
The governed have consented for the Federal government to provide for the defense of the nation, the primary and most important, and almost only, function of the Federal government provided for in our Constitution. However, they have fell egregiously short with the influx of illegal aliens from the southern border. Fortunately, although heavily criticized, the band of citizens called the Minutemen have stepped up and performed the obligations of our government. To be sure, the Minutemen have attempted to work with the Federal government, notifying the government border patrols of illegals crossing the border rather than attempting to apprehend the illegals themselves. But still, due to various motivations, the same government who has failed and forced the citizenry to perform this function discounts those law abiding citizens as "vigilantes".
Due to the political apathy of this country and the continuing dependence upon the government, as well as invitations by some sectors to the government for intrusion, we have almost came full circle to an elected monarchy, our government believing that they have no obligation to the will of the people. They wish to govern in areas that we will not give consent, using the courts to do this, and failing to govern in the areas in which consent is given.
posted by Badbeans | 4:43 PM
2 Comments:
I'm all for the king being under the law. But in our own time, I think "consent theory" takes a darker form: unlimited democracy. Are laws against murder or theft only to be enforced if enough people consent to them? What if the majority wish to fleece the minority?
I think there is something to consent. But I want to talk about that only after laying the groundwork for natural law, checks and balances, and other important aspects of the Founders' theories. (I incline to those of Jefferson, Mason, and Henry more than to, say, Hamilton.)
I am definitely not for the darker tone of consent that you have written about. I tend to hold to the representative republic that we have in place. Unfortunately, those who represent us are more concerned with sound bites on the 6 o'clock news (or internet news) than they are in making or more importantly curbing legislation that exceeds the powers given to them.
A populace which has been primarily educated by the government is taught that government, not the people through their elected representatives, is king.
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