Friday, November 11, 2011

11-11-11 Day, Repeal the Eleventh Amendment, I say!


On this eleventh day of the eleventh month of the eleventh year, November 11th, 2011, I say:


The beauty and simplicity of the U.S. Federal Constitution and its associated Bill of Rights, is quite remarkable. At no time in history has such a significant document for mankind ever been duplicated and it is unlikely that at any time in the future will such a document be rivaled. Additionally, it is also unlikely that such a group of intelligent men in positions of power as the Founding Fathers and the Framers of the Constitution, who had the wealth and the resources of the young U.S. nation at their finger tips merely for their taking, likely will ever again decide that such wealth and power was not Rightfully theirs for the taking and that this new-found wealth, power, freedoms, and even the government itself was properly to be left for, and vested in, the People of the Nation. Of course the men were likely geniuses who had lived in the face Tyranny and were of the mind set to never allow tyranny to rule in the new Nation of the United States of America.

Yet the most beautiful facet as well as its most simple one, is the Constitution's ability to change. And, hence, this is why We still subscribe to the Document to this day! This long-standing Document - with its ability to change to meet the needs of the Nation - makes the United States of America the longest standing democracy in the world.

Now it appears that at least one more change is necessary:

Ironically, and by comparison, it seems nearly blasphemous that the first follow-on amendment ever added to the spectacular U.S. Federal Constitution and the Bill of Rights, the Eleventh Amendment, would so hideously display the more natural inclination of those in positions of power in that it invoked sovereign immunity for the governments of the U.S. Nation. (That is, immunity from law suits, particularly on a Federal level. For instance it is unlikely that a lone, individual citizen could sue a state government in Federal court.) Because, up until the point in time that was the Eleventh Amendment, the Constitution had granted and vested in the American People the Rights of a Sovereign (essentially). Then, at the first sign of any possible trouble, i.e.: the state governments might actually have to pay their outstanding debts and could be held legally accountable for any outstanding debts (say, accountable in a Federal court), those actors who more-or-less amounted the first congressional replacement crew taking the reigns of government from the Framers of the Constitution decided to grant sovereign immunity to the governments of the land – as if the governments had now become King.* That is to say, the Constitution and the Bill of Rights originally granted Sovereign status (and the government) to the People**. Then, reality or fear or something set in and the U.S. government officials in Congress decided to grant King-type status to itself and the States of the Nation.

The Eleventh Amendment, as I have attempted to explain above, was clearly opposed to the spirit of the Constitution and its Bill of Rights. By the time the Eleventh Amendment was ratified, unfortunately, many of the Framers and original signatories of the Constitution had left the Federal government – apparently deciding that to stay in power for more than a few years would amount to a new class of nobility (hear that, modern-day career politicians?). Obviously, those of the replacement crew were more concerned for the welfare of the governments than for the welfare of the People of the Nation – as evidenced by their ratification of the Eleventh Amendment.

At sometime during the early 1800s, U.S. Supreme Court Chief Justice Marshall informed the governments that they were liable in equity (and Law per Article III section 2) nevertheless and in spite of the garbage spewed forth under the guise of the Eleventh Amendment. Not surprisingly, the courts within the United States have never since referred to that decision. (Can we see a trend forming here?)

The Eleventh Amendment itself experienced a delay of proclamation “…because of delays that occurred in certifying the ratification.” I would put forth that such a delay was due to the fact that Congress of that time knew well that the Eleventh Amendment was contrary to spirit and contrary to nearly every aspect of the Federal Constitution. Such would surely seem to have been an embarrassment to all involved. The amendment was ratified in February of 1795 but not proclaimed until 1798.  For instance, was it merely coincidence that about this same time Congress passed The Sedition Act of 1798?  I would think not!  (See: Relevant to: The Sedition Act of 1798, 1 Stat. 596.)

So, on this day of 11-11-11, November 11th, 2011, the time is now at hand to rid the Nation of this hypocrisy that is the Eleventh Amendment to the U.S. Federal Constitution. As are the Peoples and corporations (albeit possibly to a lesser extent) of the nation liable for their misgivings, mistakes, and wrongful behavior, it is time to make the governments of our land live up to these same standards and make them responsible for the wrongs of government as well. That is to say, get rid of the document (amendment) that allows the governments to act without reproach: RID THE NATION OF THE ELEVENTH AMENDMENT TO THE FEDERAL CONSTITUTION!!!!!! MAKE THE GOVERNMENTS RESPONSIBLE FOR THEIR ACTIONS, BEHAVIOR, AND INEPTITUDE!!! (I firmly believe such would make Chief Justice Marshall proud.)

Should I be able…..

Adam Vernon Trotter / AVT

* 'long about 1812, the King of England for his part, put the governments of the new U.S. Nation on notice as to what would happen when they didn’t pay their debts to him, mind you – regardless of how the governments now saw themselves above the American People; these entities were clearly not beyond the reach of the King and his armies in red, nor beyond reproach by the King’s ships on the high seas, it should be noted.

** Worthy of note, several signatory officials did not sign the Constitution claiming that it vested too much power in a centralized form of government. "On September 17, 1787, the Constitutional Convention came to a close in the Assembly Room of Independence Hall in Philadelphia, Pennsylvania. ... While offering incredible contributions, George Mason of Virginia, Edmund Randolph of Virginia, and Elbridge Gerry of Massachusetts refused to sign the final document because of basic philosophical differences. Mainly, they were fearful of an all-powerful government and wanted a bill of rights added to protect the rights of the people." They were probably a bit ahead of their time, methinks. Also of interest, "There were 70 individuals chosen to attend the meetings with the initial purpose of amending the Articles of Confederation. ... Rhode Island opted to not send any delegates. ... John Delaware was absent but had another delegate sign for him. ... [A]nd ultimately only thirty-nine delegates signed the Constitution." "On September 25, 1789, Congress transmitted to the state legislatures twelve proposed amendments of which the first two dealt with Congressional representation and Congressional pay. Numbers three through twelve were adopted by the states to become the Bill of Rights in 1791."

(Facts from "The U.S. Constitution And Fascinating Facts About It." Buy it!! At about three dollars ($3), it will likely be the best book you ever purchased. Tell 'em at Amazon that I sent you and maybe you can get a discount on the price.) :)

A Just Government Fears Not…

REPEAL THE ELEVENTH (11TH) AMENDMENT TO THE U.S. FEDERAL CONSTITUTION!! Fix Our Dysfunctional Governments and Make Them Liable!