Posted on 02/05/2023 3:12:08 AM PST by Jacquerie
Not only did Locke’s philosophy call for our 1776 revolution, it reaches out to us today . . . but with a twist. Where Locke gave little attention to the nuts and bolts of how a community goes about restoring free government after its dissolution, our Framers provided the solution in Article V of their Constitution.1
Locke didn’t conceptualize free government as either a contract or compact. If governed and governors are equal and interchangeable, as they must be in a republic, trust in one another is essential.
He reasoned that “trust” was the best term to describe the relationship between the sovereign people and the government of their creation. It is simply in the nature of a personal assurance, a fiduciary trust of governors to keep within their enumerated limits to achieve the ends of any government, which is the good of the governed.2 The people themselves decide if their governmental trustees violate their trust. To remain interchangeable, those who wield this power, fellow citizens all, must not develop an interest distinct from that of the community.3
The community grants powers for attaining certain ends and no more. If the ends are neglected, or power is put to other purposes, government is dissolved and the authority devolves back to the people/community. “Governments,” wrote Locke, “are dissolved . . . when the legislative, or the Prince (executive), either of them act contrary to their Trust.”4
Once trust is broken, that’s it. Who trusts anyone after they broke their word? Is the community to be a battered wife who keeps going back to her husband in the full knowledge that his promises are empty and his abuse will continue?
Locke’s dissolution due to violation of trust doesn’t mean the government folds up shop and everyone goes home. It means their subsequent actions are no longer legitimate or binding on the community. On closer reflection, we see every day what Locke had in mind. How many laws are outside the limits of our Constitution? Every violation of Natural Law or the supreme law of the land harms our respect for statutory law and especially non-legislative regulations that never deserved respect or obedience in the first place.
When trust is substituted in this way for either a contract or compact, Constitutional change is sanctioned. It secures the sovereignty of the people who have the perpetual power to cashier their governors and remodel their government.5
The great danger to free government occurs when the people recognize a breach of trust and do nothing about it. Rather than put our governors on notice of dissolution, that trust is at an end, people are more inclined to be patient and endure accumulated outrages. Locke wrote that if the governors resist reforms, then the people cease to be a community and a State of Nature is at hand, with all of its disadvantages. Should the State of Nature return, then there is no final judge here on earth, and the ultimate appeal can only be to God . . . in revolution. A real mess.6
But we needn’t accept as inevitable the bloody conclusions so common to republics IF we are willing to call out and correct violations on a regular basis through an Annual Article V Convention. Open Deep State criminality is less a disease and more a symptom of accelerating corruption that began long ago. One breach of trust followed another. The Deep State criminals are brazen; they flip off Congress and dare the nation to put them down. This is our sorry condition, in which a government of others not only recognizes no limits and acts contrary to its purposes, it functions under a separate set of unspoken standards that immunize them from the law.7
To Article V COS opponents, to those who believe a regular review of the people’s sovereignty at an Annual Article V Convention can only cause turmoil, John Locke wrote that when magistrates openly violate the trust put in them, the cynic may as well say that honest men may not oppose robbers because it may occasion bloodshed. If any mischief ensues, it is not the fault of he who defends his own right, but he who assaults his neighbors. If the innocent man must quietly quit all he has for the sake of peace, what kind of peace can there be which consists only in violence and rapine maintained for the benefit of the robbers and oppressors?8
Article V Ping!
Tyranny is the bane of humanity and the sovereignty of man. When we fail to intercede before the tyrants gain deep-seated control of the military, the tyrants become runaway, full-throated dictators. At this point, I wonder if an Article V Convention would even be allowed to take place.
Considering the threat a COS poses to the Deep State, I share your concern.
Also, since the states have submitted over 400 unanswered applications to Congress, it will take a court order to force Congress to do its duty. I haven’t been holding my breath awaiting the order.
History has shown us that government and ‘trust’ are two antithetical concepts - unfortunately.
A third world society is a low trust society.
Demographics is destiny.
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So we are right on track then.
Western civilization & representative republics -
pretty cool concepts while they lasted.
I'll miss 'em.
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/HIOSSS - Hey, It's Only 'Slightly Sarcastic' Sunday!
.
And time for a shower, followed by grocery shopping....
And the really bad news is that Shoprite's website just
informed me that they no longer carry the Jazz variety of apples.
Pretty rotten of them!
How do ya like them (rotten) apples, eh?
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(I'll miss nice fresh apples too...)
V
The founder’s
Pull in case of tyranny
Article.
I've recently had several discussions with such opponents. The 'argument' presented by those with whom I've dealt can be summarized as (1) an Article V convention is dangerous because the Constitution might be changed in harmful ways by 3/4 of the States, (2) the 'Deep State' ignores the Constitution anyway, and (3) they prefer to let abuses continue until the only option left is an appeal to arms.
The Founders included the Article V convention specifically to deal with an out-of-control federal government. Given the potentially disastrous nature of an appeal to arms, I think it is the height of foolish irresponsibility to ignore the peaceful option provided by Article V. If one or more conventions proved unfruitful, and constitutional abuses continued or multiplied, the appeal to arms would always remain an option:
"He therefore who may resist, must be allowed to strike."
Philosophically that is true, but in practice, history would make it appear that tyranny is the preferred default setting of humanity. Liberty requires personal accountability which is hard work. It's far easier to exist, blaming an oppressive government for one's problems than to confront them as the result of one's own poor decisions and personal flaws. Tyrants surely can take over by force, but with little doubt, they can also ascend, and retain power with little more than promises of bread and circumstances. Brute force only comes later.
Good points. I would only add (4):
After the shooting is over, and assuming (bad assumption) the good guys win, then what? Shall the victors at the point of a bayonet impose their new and improved constitution of government?
From Alexander Hamilton in his opening remarks to Federalist #1:
“It has been frequently remarked, that it seems to have been reserved to the people of this country to decide, by their conduct and example, the important question, whether societies of men are really capable or not, of establishing good government from reflection and choice, or whether they are forever destined to depend, for their political constitutions, on accident and force.”
I’ll take reflection and choice for $500 Alex.
We already know . After the First Democrat-Republican War ended the victorious Republicans forced upon the Democrats a Federal Government with enough power to end slavery . The Democrats have turned this power around to impose upon the Union the Universal Slavery of Socialism. Centralized power is the curse which must be undone
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