Let’s first consider the historical setting, as any writer who wishes to make a decisive introduction to retrospective comparison should consider. In 1773 the English Parliament passed a tea act, taxing colonial merchants; and in doing so outraged the Colonists and united them in opposition. When the first small cargoes of tea consigned to Boston, New York, Philadelphia, and Charleston were not allowed to be unloaded, it was a shock to England. The tax was to be enforced and paid by midnight of December 16th. The reaction was swift and nonviolent. The English put up no resistance and the ships were not damaged.
The Colonists, disguised as Indians, boarded the tea ships in Boston the night of December 16, 1773 and dumped the cargoes into the water. The captain’s log book, dated Thursday, December 16, 1773 stated:
Between six and seven o’clock this evening, came down to the wharf a body of about one thousand people, among them were a number dressed and whooping like Indians. They came on board the ship, and after warning myself and the customs-house officers to get out of the way, they undid the hatches and went down the hood, where was eighty whole, and thirty-four half chests of tea, which they hoisted upon deck, and cut the chests to pieces, hove the tea overboard, where it was damaged and lost.
The event was publicized as “the destruction of the tea” but was not recorded as the “Boston Tea Party” until the mid-30s, around 1834/5, when the new moniker was born, for opposing oppressive government control.
The tea party of 1773 united all of the Colonists under a moniker surviving today. Whether protesting as tea party members, as patriots, as occupiers, the opposition and clamor to correct abuses is louder than ever. It gives us our Republic and a Republican form of government.
The Republic is a renovation of the natural order of things, a system of principles as universal as truth and the existence of man, and combed moral with political happiness and national prosperity. It is the natural order to preserve liberty, property, and security as guaranteed rights of man. It extends the sovereignty of such rights into the political associations which comprise the nation and demands that such associations, whether individual, or as a body of men are only entitled to that authority which is expressly derived from the people.
What is called the Republic is not any particular form of government like democratic, aristocratic, or monarchy. It is wholly characteristic of the matter or object for which government ought to be instituted, and to which it is to be employed— A REPUBLIC, the public affairs, or the public good; or, literally translated, the public thing.
It is a word of a good original, referring to what ought to be the character and business of government; and in this sense it is naturally opposed to the word monarchy which encompasses arbitrary power vested in an individual person, the exercise of which is the person, and not the republic.
The REPUBLIC, public thing has as its origin the Greek “Democracy”; however, there are many strong limitations in the Democratic form of government. It ultimately leads to the failure of a true Democracy in guaranteeing the innate rights of man.The true distinction between a Republic and a Democracy is that in the Democracy the people meet and exercise the government in person. In a Republic, they assemble and administer it by their representatives.
Democracy will, by necessity, be confined to a small spot. A Republic may be extended over a large region. Mitt Romney’s negative ad attacks on the Obama presidency and healthcare reform are an example of this kind of modern comparison.
Democracy works well as a form of government where limited in scope of size and population it can conduct the REPUBLIC or the public business of a nation until, however, it becomes too extensive and populous. Democracy cannot work effectively as the separate parts soon become oppressive once becoming powerful.
Space and size quickly destroy the effectiveness of Democracy. Ancient Greece discovered this quickly as power shifted from Athens, and the demand for centralized power in the government arose out of strength, not voice. Under a Republic, the public voice, as pronounced by the representatives of the people, is more consonant to the public good than if pronounced by the people themselves.
Our Tea Party fought not so much for sovereignty, but for the public voice to be heard by abusive powers. Their voice, being unheard, soon results in a voice demanding to be heard. They wanted representation then, most of all. And when denied, the very voice which believed in natural law, gave birth to a new nation and a new form of government: the Republican Form.
This startled the world juxtaposing a new voice within a Democracy. A people’s voice creating a Republican form of government: a government established and conducted for the interest of the public, as well individually as collectively. It did not connect with any particular form which the world understands.
It defies being subservient to another power and declares itself sovereign by divine right and by voice. And that voice declares itself by representation.Adding representation upon Democracy creates a system of government which embraces and brings together all the various interests and every extent of territory and population known.
The Republican form of government immediately concentrates the knowledge necessary to the interests of the parts and of the whole. The whole is now the nation, the parts are states, the people are also parts of the whole, yet their collective voices, by representation, become the whole.For once, government can be seen as the child of the voice of the people who created it. Every man is a proprietor in government, and has the duty to consider it a necessary part of his business to understand. The Republic concerns his interest, because it affects his property, his life, and his pursuit of happiness.And these interests have costs which derive themselves from all men being created equal.You can examine the cost and compare it with the individual or collective advantages. And your voice, alone must represent your examination before all others.
With the advent of a Constitution enumerating what you grant, you do not have to adopt the slavish custom of following what in other governments are called leaders.
As Benjamin Franklin quickly noted when asked what kind of government is formed, he answered prophetically: “A Republic, if you can keep it.”
It is not easy to preserve and keep a Republic once it begins to fall away. The heart of the republic is the voice of the people and the voice of the people is expressed through its mandated representation.
How often have you heard representatives say, I voted for the “good of the country”, or for the “good of the party”, when the voice going unheard is the voice of representation which says… vote for the good of the republic within the district you represent?
Representation must represent only those constituents who exercised the sovereign right to put them in power and position to represent.
Your Congress represents elected officials representative of a part of a whole. They are not the whole, nor can they represent the nation without consent from the majority of the other parts which form that whole. The whole is the nation; however, the voice of the nation is the people collectively expressing themselves through individual representatives.
A nation is not the body, the figure of which is to be represented by the human body; but is like a body contained within a circle, having a common center, in which every radius meets; and that center is formed by representation. The representatives, too, represent themselves only as a part of their very constituency and are one voice within their collective membership when in Congress Assembled. There can be no vote taken by them for the “good of the country”.
As representatives sitting in the federal government, the “good of the country” only occurs concomitantly with the consent of the rest of the nation.What is government but more than the management of the affairs of a Nation? It is not, and from its nature cannot be, the property of any particular man or family, but of the whole community, at whose expense it is supported; and through by force and contrivance it has been usurped into an inheritance, the usurpation cannot alter the right of thing.
Sovereignty, as a matter of right, appertains to the Nation only, and not any individual; and a Nation has at all times an inherent indefeasible right to abolish any form of government it finds inconvenient, and to establish such as accords with its interest, disposition and happiness. Every citizen is a member of the collective sovereignty; and as such, can acknowledge no personal subjection – his obedience can be only to the Common Laws.
As members of the national government, the good of the country is only that under powers given by citizens, and granted to the national government, such as the management of foreign affairs wherein the states waive all rights to make a treaty, enter into an alliance, receive a foreign ambassador, or deal in any way with a foreign government.
The balance of power, conversely, and ultimately, flows from the bottom up rather than from the internationally recognized top down. Such principles of Declaration are the truths to restore our Republic. They are reserved in the declarations made by the Tea Party forefathers. What have we learned?
That man has rights, — life, liberty, pursuit of happiness. This is the legacy left us. The ideal of individual liberty, that an individual has certain fundamental and inalienable rights which municipal, state or federal government can never override without permission.Governments exist for the benefit of the governed to secure and protect those rights of man. Government is FOR the people.
And that these governments “derive their just powers from the consent of the governed.” Government is OF the people and BY their consent. Whenever any government usurps power and becomes destructive of the rights of man, then it is the right of the people to overthrow that government, and when necessary to do so, it is also the right and duty of the people to establish a new government on whatever principles and in whatever form will insure to them life, liberty and the pursuit of happiness.
That under law and government, and in the protection of the rights of the people “all men are created equal” and must be allowed the fullest and freest exercise and development of their natural powers.
And that these governments“derive their just powers from the consent of the governed.”Government is OF the people and BY their consent.
Whenever any government usurps power and becomes destructive of the rights of man, then it is the right of the people to overthrow that government, and when necessary to do so, it is also the right and duty of the people to establish a new government on whatever principles and in whatever form will insure to them life, liberty and the pursuit of happiness.
That under law and government, and in the protection of the rights of the people “all men are created equal” and must be allowed the fullest and freest exercise and development of their natural powers.
And to do so, our forefathers decreed: “there shall be freedom of speech, freedom of the press, freedom of peaceable assembly, freedom of petition. The homes of the people shall be secure against search, seizure, or intrusion, except by legal process. No person shall be twice put in jeopardy of life or limb for the same offense, nor shall any person be deprived of life, liberty, or property without due process of law.”
Continuing, “no bill of attainder or ex post facto law shall be passed. The privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it, but any one accused of crime shall enjoy the right to a speedy and public trial by an impartial jury of the State and district wherein the crime may have been committed. He shall not be arrested except by legal process; he shall be informed of the exact nature of the accusation; he shall be confronted by the witnesses against him, and shall not be compelled to testify against himself.”
Some of those who represent us now in Congress Assembled are ineligible to represent us and have lost their citizenship.
Do you know the ORIGINAL THIRTEENTH AMENDMENT was passed in support of Article I, Section 9, of the United States Constitution?
“No Title of Nobility shall be granted by the United States: And no Person holding any Office of Profit or Trust under them, shall, without the consent of Congress, accept of any present, Emolument, Office, or Title, of any kind whatever, from any King, Prince, or foreign State.”
Said original Amendment is a matter of record notwithstanding it being continuously omitted in reproduction as it clearly provides the penalty for enforcement of Article 1, Section 9.
The ORIGINAL THIRTEENTH AMENDMENT
Passed by Congress February 1, l865“If any citizen of the United States shall accept, claim, receive, or retain any title of nobility or honor, or shall, without the consent of Congress, accept and retain any present, pension, office, or emolument of any kind whatsoever, from any Emperor, King, Prince, or Foreign Power, such person shall cease to be a citizen of the United States, and shall be incapable of holding any office of trust or profit under them, or either of them.”Is it any wonder, then, that the following two questions might just be answered with an emphatic: NO!
Can any attorney taking oath to any Bar association which pledges itself to the Crown of England still be a citizen?
Can any Congressman, in the House or Senate, accepting financial support from corporations or lobbyists outside their constituency and venue still be a citizen?
Thus, it is time again to restore America to its rightful place in history as that nation which first introduced the Rights of Man as being the grantor of power and privileges to uphold and defend its rights.
To do this, the Republic needs the voice of the people once more. We need to speak again as in 1773 where the real intent of the Boston Tea Party was not to just dump tea in protest of taxation. It was to demand representation and voice. Again, today, We the people, need to speak.It is our duty. Our rugged Constitution clearly gives us the Right to speak within our Bill of Rights with no less than six specifically identified amendments.
THE CONSTITUTIONAL VOICES
The only lawful constituent voices are those who can delegate representation in municipal, State or Congressional districts, and are limited to:
CITIZENS, who have been identified and are registered with district rights to vote for representation at municipal, State, or federal levels.
CORPORATIONS (like Mitt Romney‘s Bain Capital) which have only recently been identified by the U.S. Supreme Court as being persons.
Under Article XIV, Section 1, and having corporate headquarters in a specific Congressional district, they may lobby (one vote) only in their district for representation at municipal, State, or federal levels.We need now reformation of the process of creating and submitting bills for consideration and ratification. The following procedures are suggestive ballot measures to be sent via e-mail, blog, or what have you, to your representative or as a ballot measure for submission to voters on the next ballot to bring back the voice of America for the benefit of its people.
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Elvin Lim is Assistant Professor of Government at Wesleyan University and author of The Anti-intellectual Presidency, which draws on interviews with more than 40 presidential speechwriters to investigate this relentless qualitative decline, over the course of 200 years, in our presidents’ ability to communicate with the public. He also blogs at www.elvinlim.com. In the article below he looks at quid pro quo. See Lim’s previous OUPblogs here.
A quid pro quo refers to a relatively equal exchange of goods and services. In the emerging controversy over whether or not the White House had attempted to bribe Congressman Joe Sestak, the quid would be the White House job offer and the quo would be the return favor that Sestak drop out of the Pennsylvania Senate Democratic Primary.
The White House has four ways of getting out of the legal trouble of having potentially offered a bribe. The first two are inconsistent, the third is persuasive, and the fourth is circular, but an utterly unassailable argument.
1. There was no quid.
The White House has centered its response on saying that there really was no quid offered, because only an uncompensated board membership was offered. White House Counsel Robert Bauer issued a memo on the Joe Sestak “job” talks on Friday, saying “Efforts were made in June and July of 2009 to determine whether Congressman Sestak would be interested in service on a Presidential or other Senior Executive Branch Advisory Board … The advisory positions discussed with Congressman Sestak, while important to the work of the Administration, would have been uncompensated.”
What is interesting is that while the White House is admitting that a quo was suggested, a quid was never offered. An uncompensated advisory position, according to the White House, is not a job or at least no one that rises up to being a premise for a quid pro quo.
2. There was no pro quo.
In contrast, Congressman Sestak has acknowledged that while a job offer was made, he has thus far not claimed that attached to it was an explicit and directly connected White House request which he was bound to honor should he accept this job.
The Congressman realizes that he has spoken out of line and angered many Democratic Party leaders, because he has given fodder to the Republicans to create a potential Obamagate. That is why, he felt compelled to justify himself. On Meet the Press last Sunday, he said, “I felt that I needed to answer that question honestly … I was offered a job, and I answered that.” Importantly, he did not say that he was offered a job in return for not running for the Senate. If no quo, then no quid pro quo.
3. Quid pro quos are not illegal.
US Code Section 600 reads:
“Whoever, directly or indirectly, promises any employment, position, compensation, contract, appointment, or other benefit, provided for or made possible in whole or in part by any Act of Congress, or any special consideration in obtaining any such benefit, to any person as consideration, favor, or reward for any political activity or for the support of or opposition to any candidate or any political party in connection with any general or special election to any political office, or in connection with any primary election or political convention or caucus held to select candidates for any political office, shall be fined under this title or imprisoned not more than one year, or both.”
The fact is no
By Elvin Lim
For Republicans to take over 10 seats to gain control of the Senate, 2010 Republican voters must not see themselves as voting the Bush/Rove Republicans (who were kicked out in 2006 and 2008) back in, but for a new type of Republican newly infused with Tea Party sentiments. The question then is, can the Tea Party be synergistically incorporated into the Republican electoral machine?
There is no doubt that the Tea Party movement has been a force to reckon with this primary season. Consider the fact that there are 37 seats in the Senate up for election this year, 18 of which are currently occupied by Republican incumbents. Of this 18, seven candidates backed by the National Republican Senatorial Committee (two of whom, Bennett and Murkowski, are incumbent senators) have lost to Tea Party candidates in the Republican primaries: Lee (UT), Miller (AL), Buck (CO), Angle (NV), Paul (KY), O’Donnell (DE), Rubio (FL). We have not seen the Tea Party movement and its influence at a higher point than where it is today.
This has been reflected in the rising fortunes of the movement’s star. Of the 36 primary races the most prominent Tea Party personality, Sarah Palin, has supported, 25 have been victorious. This King-maker is newly revisiting the idea of making herself King in 2012, when she re-opened opened the doors to speculation that she would run in 2012 when she visited Iowa last week. Right now, Palin’s future looks good. But this could be because we are just done with primary season, where the most conservative also tend to be the most likely to turn-out. Check back again after November, and things could be looking very different. What is clear is the Tea Party movement is ideologically committed to bottom-up, grassroots politics. As a result, it is even more in need of a unifying figure than previous third party movements (almost all of which coalesced around charismatic figures like Theodore Roosevelt or Strom Thurmond).
Whatever happens this November will dramatically affect the composition of the Republican party and its thrust in 2012. Here are the best and worst case scenarios for the Tea partiers.
Best case: If Christine O’Donnell wins in Delaware, Sarah Palin’s fortunes will be looking even brighter for 2012 (for she would have repudiated the prediction of the Cardinal of the Republican establishment, Karl Rove, who has publicly criticized O’Donnell’s candidacy.) If she doesn’t win, establishment candidates will do better. (Mitt Romney, ever the opportunist covering his bases, sent an endorsement and a maximum contribution of $5,000 to the O’Donnell campaign the day after her victory.)
Worst case: Lisa Murkowski, competing as a write-in candidate in Alaska could keep Joe Miller from winning. Miller only beat Murkowski by 1,600 votes in the primary, so doing so was by no means a conclusive test of electability come November. If Miller and Murkowski end up splitting the Republican vote and giving the election to Democrat Scott McAdams in Palin’s own backyward, civil war could erupt in the Republican party because the Tea Party movement would no longer be credited for bringing energy to the party, but dark matter.
What Palin and the Tea Party movement have done, however, is shake up the Republican party’s modus operandi of typically always having an heir-apparent waiting in line. The GOP is going to be much less orderly in the years to come because the mavericks have infiltrated, and are now reconstituting its soul. What is undeniable is that 4 million more Republicans turned out than Democrats did in this year’s primary contests (and this is the highest Republican turn-out since the 70s), so the complexion of these primary results will permeate at least some of the general election results.
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