How the power of the People can work to hold government accountable and why it is needed ?
The Ohio Constitution expressly preserves the power of the people over government at Article I, Section 2. It further secures the exercise of that power to alter or reform government through the initiative petition process at Article II, Section 1a. This power
deserves a very thorough explanation and to do so will require a somewhat lengthy presentation, so it will be broken into several parts for clarity. Please keep in mind that our agenda is not to overthrow the proper establishments of government, but to regain control and restore governmental alignment with the Constitution.
Part 1: A “Nationalist” Agenda
Since the formation of our Union of independent sovereign states (the American Union), the People have been responsible to guard and protect our system of government and hold government accountable when it deviates from the forms established.
“… Governments are instituted among Men, deriving their just Powers from the Consent of the Governed, that whenever any Form of Government becomes destructive to these Ends, it is the Right of the People to alter or to abolish it, … when a long Train of Abuses and Usurpations, pursuing invariably the same Object [to inflict Evil], evinces a Design to reduce them under absolute Despotism, it is their [the Peoples’] Right, it is their Duty, to throw off such Government, and to provide new Guards for their future Security. …”
The Ohio Constitution reinforces these principles, to wit:
Further, the peoples’ sovereignty is secured by the Ohio Constitution;
During the Convention of 1787 (commonly, but mistakenly, called the Constitutional Convention) in Philadelphia, there was an attempt, even then, to usurp the powers of the states by introducing proposed language that would pervert our “federalist” system of established government into a “nationalist” system (see the Virginia Plan, composed by James Madison of the Virginia Delegation). The “nationalist” agenda did not die with the Convention. Throughout the 1800’s, there is evidence that those in power moved to usurp the powers of the states and evolve the federal government into a nationalist system (see New Views of the Constitution of the United States, by John Taylor of Caroline, 1823). Many think the War Between the States (so called Civil War) was about slavery - it was not. It was about the federal government’s usurpation of state sovereignty (rights). Even today, it is easy to identify the federal government’s actions to usurp the states’ powers and the Rights and Liberties of the people. The United States is rapidly being converted from a constitutional federalist republic into a socialist nationalist democracy. When will the people fulfill their “duty” to throw off such government and restore the republic?
Part 2: The Mechanisms for Holding Government Accountable
The mechanisms for holding government accountable by the people are very weak. What are they? Well, the peoples’ influence over the federal government is limited to five options secured by the federal Constitution, to wit:
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Redress of Grievances (1st and 9th Amendments);
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The Peoples’ Representatives in Congress (Art. I, Sect. 2)
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The People’s Senators in Congress (17th Amendment)
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Through the State Legislatures (Art. V)
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Force of Arms (2nd Amendment)
Our immediate objective is to resolve these matters by peaceable means. Therefore, we will reserve the above option 5 in the event that all peaceable means to restore government to the Constitution, fail. In the history of the United States, no one has successfully utilized a redress of grievances to hold the federal government accountable. With a track record like that, what are our chances of utilizing it, now? How about, slim to none. For decades, the people have been petitioning their federal Representatives and Senators for relief from their encroachments against our Rights and Liberties and to adhere to their oaths to uphold the Constitution. We know for a fact that our Congress enacts whatever they deem appropriate without regard to the voice of the people or the limitations of the Constitution. We always feel that if we could just get the right people into Congress, everything will turn out just fine. But, it never does, and each time we try to replace the bad with the good, another two to six years go by. A good example is the PATRIOT ACT and current legislation in regard to HEALTH CARE. So, what are our chances with this approach? Again, slim to none. Part of the problem here is that the people believe that those in Congress are looking out for the peoples’ best interests, when in fact, they are looking out for their own interests and those of large corporations and special interest groups. The interests of the people and adherence to the Constitution are no longer the primary objectives of Congress. Our best peaceable option for holding the federal government in compliance with the Constitution is through the use of our state legislatures. Fortunately for us the people, the Founding Fathers realized and understood that ALL governments eventually become corrupt. They knew that the time would come that the people would have to exercise their sovereign powers to hold government in compliance with the Constitution. Therefore, they established express provisions in our “state” Constitutions whereby the people, through the force of law and the mechanisms of government, could alter, reform or abolish government. And, the people could do it without the consent of government, through the “initiative” process.
Part 4: The Key to Governmental Compliance is “Enforcement”
There is one particular flaw or obstacle to our continued success - neither our state nor federal Constitutions provides any accountability or enforcement mechanisms that require government to comply with the Constitutions. Putting compliance mandates into our state Constitution does not guarantee that it would be enforced. After all, they pay very little attention to the Constitution, now. Ultimately, since it is the duty of the people to hold government accountable, then we need provisions within constitutional law that secures the peoples’ ability to do so in an effective and efficient manner. To secure sufficient provisions of law are that will provide for enforcement of the Constitution, we have decided to implement a dual enforcement approach. First, we are introducing language that imposes a principle duty upon the Governor and County Sheriffs to uphold the Constitution by ensuring that all other functions of government are acting in compliance with it. If any element of government violates the Constitution, it will be their combined duty to exercise such measures as necessary to remedy the situation. If they are negligent or willfully refuse to fulfill this duty, then they become personally liable for violation of their oaths of office to uphold the Constitution. However, we do not want to rely on government to hold itself accountable, entirely. Therefore, we are introducing several provisions whereby the people can be directly involved in holding government accountable. Such provisions include:
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A “Recall” process to remove corrupt public servants from office;
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“Jury Nullification” to preserve justice in the courts in spite of the law;
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The people’s authority to challenge the constitutionality of any law;
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Creation of a government watchdog group.
Part 7: The Obstacles in Protecting Our Rights and Liberties
Let’s expand on the duty of litigation. The way our system is currently established, it is very difficult to challenge government. First, an individual has to be injured by a law, the government, or a public official. To get relief from the injury, this individual would have to bring a formal complaint before the court. If relief is not immediately granted by a lower court, then he might have to appeal to the Supreme Court. The questions are:
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Who pays for all this litigation;
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Who hires the attorneys;
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How much time and energy does this person have to spend on getting relief; and
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What will he have left when he is done?
In most cases, people simply do not have the financial resources, experience, knowledge, stamina or fortitude to challenge government. Hence, that often quoted saying, “You can’t fight city hall.” It angers me to the core that people must forfeit their hard-earned money, often their life’s savings, and their time and money to receive justice from injuries incurred from government. The chances of one person holding government accountable, all by himself, are very slim.
Part 8: A Better Way - Utilizing the Collective Powers of the People
But, what if there where a way to harness the power of the people, en masse or collectively? What if you didn’t have to mortgage your house to pay for attorneys? What if you didn’t have to spend your own time and energy to fight legal battles? There is a way. Many people who fight government corruption rely on private organizations, such as the NRA and others, to help pay for and provide attorneys to fight legal battles from which they are positioned to benefit. We want to offer another solution that does not require the support of special interest groups. Our solution is to create a special watchdog group that has a presence in every county through the state where people can file their complaints against governmental abuse. This group would be funded by the peoples’ own money from a small portion of the state’s revenues. Therefore, this group, the PEOPLES CONSTITUTION COUNCIL would supply the attorneys, the financing, and the time and energy to fight and protect our Rights and Liberties and other constitutionally secured protections on behalf of all the people, not just the injured party. Of course, the Council would be restricted to matters of general importance in which a constitutional issue has arisen, and it would not be used to handle individual matters pertaining to only one person or particular group.
Part 11: The Time Has Come, and the People Are Ready
This is our time, and the time is right for such an aggressive stance against governmental corruption. Yes, there will be some who oppose our plan, because they are either uncertain what these changes might bring or they fear that it will interfere with their planned agendas. Nevertheless, the people must decide. It is the peoples’ duty, but they must possess the knowledge, courage and tools necessary to fulfill it. Here it is. This is our gift to the American people. To those doubters and the meek and the oppressors and the timid and the naysayers, if not our plan, then what plan do you propose? Of all the smart, educated and talented people of America, not one has proposed any plan that remotely provides a viable solution for perpetually holding state and federal government in compliance with and accountable to our state and federal Constitutions. Don’t you feel its time? Study the Constitutions, and you will discover that this plan is one of merit.