Our First State Constitutions and Bills of Rights

I recently looked up our early state constitutions and bills of rights with an eye toward clauses that proclaimed the peoples’ sovereign right and duty to closely watch their governments, be covetous of liberty, and amend their constitutions when necessary.

Connecticut. Its first post-revolutionary constitution was actually in 1818, which included a Declaration of Rights: “That all political power is inherent in the people, and all free governments are founded on their authority, and instituted for their benefit; and that they have at all times an undeniable and indefeasible right to alter their form of government in such manner as they may think expedient.”

Delaware. The DE Constitution was not submitted to conventions of the people. From the Declaration of Rights September 1776: “That all government of right originates from the people, is founded in compact only, and instituted solely for the good of the whole.”

Georgia. February 1777. No direct assertion of right to frame government. The GA Constitution was legislatively ratified.

Massachusetts. March 1780: “The end of the institution, maintenance and administration of government, is to secure the existence of the body-politic; to protect it; and to furnish the individuals who compose it, with the power of enjoying, in safety and tranquility, their natural rights, and the blessings of life: And whenever these great objects are not obtained, the people have a right to alter the government, and to take measures necessary for their safety, prosperity and happiness.”

Maryland. November 1776. Declaration of Rights and Constitution, legislatively ratified: “That all persons invested with the legislative or executive powers of government are the trustees of the public, and, as such, accountable for their conduct; wherefore, whenever the ends of government are perverted, and public liberty manifestly endangered, and all other means of redress are ineffectual, the people may, and of right ought, to reform the old or establish a new government. The doctrine of non-resistance, against arbitrary power and oppression, is absurd, slavish, and destructive of the good and happiness of mankind.”

New Hampshire. Bill of Rights, 1783. Constitution not submitted to special convention of the people, legislatively ratified: “Government being instituted for the common benefit, protection, and security of the whole community, and not for the private interest or emolument of any one man, family or class of men; therefore, whenever the ends of government are perverted, and public liberty manifestly endangered, and all other means of redress are ineffectual, the people may, and of right ought, to reform the old, or establish a new government. The doctrine of non-resistance against arbitrary power, and oppression, is absurd, slavish, and destructive of the good and happiness of mankind.”

New Jersey. Constitution legislatively proclaimed July 3rd 1776. No direct assertion of right to frame government. Amended September 1777 to replace the word “colony” with “state.”

New York. Adopted portions of the Declaration of Independence whole, into its constitution of April 1777: “whenever any form of government becomes destructive of these ends, 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.”

North Carolina. Legislatively ratified. The closest NC comes to asserting the right of the people to frame their government is in the very first article: “That all political power is vested, in and derived from, the people only.”

Pennsylvania. Not submitted to conventions of the people. PA Declaration of Rights and Constitution September 1776: “And that the community hath an indubitable, unalienable and indefeasible right to reform, alter, or abolish government in such manner as shall be by that community judged most conducive to the public weal.”

Rhode Island. From 1663 to 1843 the people of Rhode Island were governed under a Royal Charter granted by King Charles II of England. This was a remarkable document for its era since it created an amazingly liberal and democratic frame of government, far more so than the prevailing government of the mother country. From the 1843 constitution: “We declare that the basis of our political systems is the right of the people to make and alter their constitutions of government; but that the constitution which at any time exists, till changed by an explicit and authentic act of the whole people, is sacredly obligatory upon all."

South Carolina. Proclaimed March 26th, 1776. Not ratified by special conventions of the people. No direct assertion of right to frame government.

Virginia. Declaration of Rights legislatively ratified June 1776: “When any government shall be found inadequate or contrary to these purposes, a majority of the community hath an indubitable, inalienable, and indefeasible right to reform, alter, or abolish it, in such manner as shall be judged most conducive to the public weal.”

In time, these legislatively derived constitutions would be viewed as inferior to those ratified by special conventions of the people. Still, these first efforts at self-government reveal the importance of a vigilant people charged with keeping themselves free. Our founding generation risked their lives to assert the unalienable right of all to live under a free government of their design. If we do not take advantage of the peaceful means available to us in Article V, our continued descent into despotism and misery is assured.

We are the many; our oppressors are the few. Be proactive. Be a Re-Founder. Join Convention of States. Sign the COS Petition.

Good eye. Thanks for your work, Jacquerie.

Alter, reform, abolish? Charge, convict, incarcerate, eliminate (when necessary) the criminals/deceivers who have infested the body politic.

The root cause of government is people. The root cause of oppressive, tyrannical, out-of-control government is oppressive, tyrannical, out-of-control people.

Identify these criminals/scumbags/deceivers. Depopulate them from the body politic.

It's easy to…

live - free - republic

Government

BUMP!

Those are very good. My, how those not-so-pesky states have been properly subdued.

The most important question that was ever proposed to your decision, or to the decision of any people under heaven, is before you, and you are to decide upon it by men of your own election, chosen specially for this purpose. If the constitution, offered to your acceptance, be a wise one, calculated to preserve the invaluable blessings of liberty, to secure the inestimable rights of mankind, and promote human happiness, then, if you accept it, you will lay a lasting foundation of happiness for millions yet unborn; generations to come will rise up and call you blessed. You may rejoice in the prospects of this vast extended continent becoming filled with freemen, who will assert the dignity of human nature. You may solace yourselves with the idea, that society, in this favoured land, will fast advance to the highest point of perfection; the human mind will expand in knowledge and virtue, and the golden age be, in some measure, realised. But if, on the other hand, this form of government contains principles that will lead to the subversion of liberty — if it tends to establish a despotism, or, what is worse, a tyrannic aristocracy; then, if you adopt it, this only remaining assylum for liberty will be shut up, and posterity will execrate your memory.

Momentous then is the question you have to determine, and you are called upon by every motive which should influence a noble and virtuous mind, to examine it well, and to make up a wise judgment. It is insisted, indeed, that this constitution must be received, be it ever so imperfect. If it has its defects, it is said, they can be best amended when they are experienced. But remember, when the people once part with power, they can seldom or never resume it again but by force. Many instances can be produced in which the people have voluntarily increased the powers of their rulers; but few, if any, in which rulers have willingly abridged their authority. This is a sufficient reason to induce you to be careful, in the first instance, how you deposit the powers of government.

So far therefore as its powers reach, all ideas of confederation are given up and lost. It is true this government is limited to certain objects, or to speak more properly, some small degree of power is still left to the states, but a little attention to the powers vested in the general government, will convince every candid man, that if it is capable of being executed, all that is reserved for the individual states must very soon be annihilated, except so far as they are barely necessary to the organization of the general government. The powers of the general legislature extend to every case that is of the least importance — there is nothing valuable to human nature, nothing dear to freemen, but what is within its power. It has authority to make laws which will affect the lives, the liberty, and property of every man in the United States; nor can the constitution or laws of any state, in any way prevent or impede the full and complete execution of every power given. The legislative power is competent to lay taxes, duties, imposts, and excises; — there is no limitation to this power…

And are by this clause invested with the power of making all laws, proper and necessary, for carrying all these into execution; and they may so exercise this power as entirely to annihilate all the state governments, and reduce this country to one single government. And if they may do it, it is pretty certain they will; for it will be found that the power retained by individual states, small as it is, will be a clog upon the wheels of the government of the United States; the latter therefore will be naturally inclined to remove it out of the way. Besides, it is a truth confirmed by the unerring experience of ages, that every man, and every body of men, invested with power, are ever disposed to increase it, and to acquire a superiority over every thing that stands in their way. This disposition, which is implanted in human nature, will operate in the federal legislature to lessen and ultimately to subvert the state authority, and having such advantages, will most certainly succeed, if the federal government succeeds at all.

In a free republic…

Brutus #1 - Anti-federalist

History, documents, governments, criminals, deceivers BUMP!

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.