Saturday, January 2, 2016

Is there an implicit right to rebel in the Constitution?

The following author suggest that it exists within a broader understanding of the right to petition, which is in the Magna Carta, and as a result in our First Amendment. I'm not sure how much I agree with all his points, but its an interesting read.

Expect something on Magna Carta - and the development of governing institutions throughout British history. There might be something about the British Bill of Rights as well. And while I'm at it - the notes touched on Roman history and how it applies to the design of U.S. institutions.

- Click here for: Right to rebel is 800 year old!

When right to petition was thought of in Magna Carta, it included a significant right, right to rebel if grievance is not redressed. Article 61 provided for the presentation of grievances to the king, and required the king to redress grievances within 40 days or risk rebellion. The Magna Carta’s Right to Petition includes, if the right is abridged, the right to wage whatever war against government needed to get just redress. The Magna Carta’s Petition Right included a Right to Rebel in the event that the Right to Petition were abridged, Right to rebel? It’s unimaginable.

One might be free to file a petition, but unless it is legally recognised as specific right, petitioner faces the risk of being prosecuted for sedition, libel or seditious libel. Jailing a petitioner for requesting something is atrocious. A mere mention of Right to petition is of no use without guaranteeing protection from the criminal prosecution.