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Know your government, know your rights

Published: Wednesday, September 17, 2008

Updated: Saturday, December 27, 2008 03:12

Unlike July 4, Sept. 17 does not connote the same American lore. On this day in 1787 the Constitution of the United States was adopted. There are no fireworks, nor is there a large mural of the signing in the Capitol. In fact, the day isn't even a federal holiday. The ratification process took nearly a year, and finally on March 4, 1789, the United States of America had an operational federal government.

This day tends to pass without pomp or circumstance, yet in the annals of political societies, the structure of our government is the most ingenious, and to this day is a model for countries around the globe. Yet, unlike the Fourth of July, which was certainly a momentous occasion for without we could not have proceeded to Sept. 17, 1787, there is no national holiday.

Don't think for one moment that the next 400 words are going to be an argument for a national holiday officially recognizing the Constitution; but the fact there is no holiday lends credence to the idea that Congress wouldn't dare draw attention to an oath they frequently disobey. It is Congress' (and the president's) sole duty to "preserve, protect and defend the Constitution of the United States." If you think this is what those 536 (537 if you count the vice president) individuals do in Washington, D.C., then let me give you the number of a good lobotomist.

Certainly, the last seven and a half years have been brutal on the Constitution. Bush and his tyrannical administration have gone to war without a Congressional declaration, violated the Fourth Amendment with the NSA spy program, instituted an executive form of nullification with hundreds of signing statements, and of course, the great writ of habeas corpus has been suspended. Sure, the Supreme Court has on three separate occasions told the Executive Branch that the suspension of habeas corpus was unconstitutional, but do you think Bush chose to listen?

In 2005, when Bush was trying to extend his executive authority with an even more despotic Patriot Act II, he was quoted as saying to a concerned aide, "Stop throwing the Constitution in my face. It's just a goddamned piece of paper!"

Earlier this year, the FISA Amendments Act was before Congress and passed both Houses overwhelmingly, not before a large public outcry, however. Sen. Barack Obama said publicly that he supported the Republican-friendly legislation, which prompted thousands of Obamiacs to flood his Web site urging him not to side with the president. He ignored the people and his oath to preserve, protect and defend the Constitution. This act not only continued the NSA wiretapping program but let the telecom companies who were complicit in that very program off the criminal hook. Unlike Bush, Obama is an actual Constitutional scholar, and should have known better.

These are only recent examples. Presidents like Wilson, Lincoln, Jefferson and Adams are all guilty in their own respects of violating the Constitution. Unfortunately, "We the People" have chosen to look the other way. Our liberties are scoffed at by our representatives and president alike and we do nothing.

The Constitution may just be a piece of deteriorating paper, but as far back as the Romans, people have known the importance a constitution plays within a political society. The Greek historian Polybius once wrote, "[I]n all political situations we must understand that the principle factor which makes for success or failure is the form of a state's constitution; it is from this source, as if from a fountainhead, that all designs and plans of action not only originate but reach their fulfillment."

The freedoms our Constitution represents and guarantee come from a greater place. Liberty is a natural right. In 1787, our Founding Fathers consented to form of government that set out to protect our pursuit of Life, Liberty and Happiness. Today, our so-called protectors tell us they must restrict our life, liberty and happiness in order to secure those rights, yet more importantly, our democracy. And so we return to Polybius who says that following democracy, "in due course, out of license and lawlessness which are generated by this type of regime, mob rule comes into being." To end this inevitable cycle as described by Polybius, you must know your government; you must know your Constitutional rights.

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