Tuesday, April 15, 2008

Advocating Overthrow of Government

"Whoever knowingly or willfully advocates, abets, advises, or teaches the duty, necessity, desirability, or propriety of overthrowing or destroying the government of the United States or the government of any State, Territory, District or Possession thereof, or the government of any political subdivision therein, by force or violence, or by the assassination of any officer of any such government; or

"Whoever, with intent to cause the overthrow or destruction of any such government, prints, publishes, edits, issues, circulates, sells, distributes, or publicly displays any written or printed matter advocating, advising, or teaching the duty, necessity, desirability, or propriety of overthrowing or destroying any government in the United States by force or violence, or attempts to do so; or

"Whoever organizes or helps or attempts to organize any society, group, or assembly of persons who teach, advocate, or encourage the overthrow or destruction of any such government by force or violence; or becomes or is a member of, or affiliates with, any such society, group, or assembly of persons, knowing the purposes thereof—

"Shall be fined under this title or imprisoned not more than twenty years, or both, and shall be ineligible for employment by the United States or any department or agency thereof, for the five years next following his conviction."

- U.S. Code of Law, Title 18, Part 1, Chapter 115, Section 2385, "Advocating Overthrow of Government". Cornell Law.

"Governments are instituted among Men, deriving their just powers from the consent of the governed, --That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness. Prudence, indeed, will dictate that Governments long established should not be changed for light and transient causes; and accordingly all experience hath shewn, that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security."

- Thomas Jefferson, Declaration of Independence, 2nd paragraph.

6 comments:

Acumensch said...

I don't have a degree in law, but it would be another trahison des clercs if that should prevent me from putting this juxtaposition out in the open.

Nathan said...

Where does this leave Chomsky?

Will said...

The Declaration of Independence establishes the supremacy of the People and the Right and Duty to defend the Rights of the People over the Acts of the Government.
Our Constitution provides for as many protections as possible to ensure that the Government is subservient to the People and only exists for the purpose of serving the People. However, should these protections fail it is up to the People to rise up against the Government and to put the Government back in it's place. In this capacity, the People act as the fourth branch of government to take control and to override their decisions that violate the Fundamental Rights of the People to Life, Liberty and the Pursuit of Happiness.

By what means do the People exercise their authority over the Government? That depends on how resistant the Government is to complying with the Will of the People. In the case of the Declaration of Independence, it meant declaring war on the Government and overthrowing them. This is obviously a last resort after taking other steps less harsh. But clearly the Right and the Duty to overthrow the Government in order to restore the United States as a government to serve the People is clearly established in historical precedent.

Chernenko said...

Americans- Now it is time to take this nation back from its despotic leaders. We can do it peacefully through elections, but have to act fast before we collapse from within. We know that we are United in this cause. We know that we can act decisively and with action so we can once again be free. We as Americans have a duty beyond our football games and mind-robbing television sets- to act decisively for the overthrow of a government that wants to rob you of your Constitutional Freedoms. We have the Right to bear Arms. The reason our founders gave us this right was to protect us from despotic governments that fear individual freedoms. We have the right to assemble. We have the right to Free Speech. We have the right, at least in the mind of Thomas Jefferson, to overthrow governments that have usurped their powers. Well, Ladies and Gentlemen, look where we are today and honestly ask yourself if the government hasn’t usurped their authority. The government owns the Car Industry, the Banking Industry, the Insurance Industry (AIG), and now will Own the HealthCare Industry. This is ridiculuous. I might as well be living in the USSR during the height of Communism. This new Socialism will be our Death and certainly defies a Capitalistic Society. We as Americans have a right to express our displeasure with the direction of governmental authority. They want to wire tap without warrants, they don’t want you to own guns because that represents a line of defense against despotism, they want to throw people in prison without Due Process, all in the name of defending us from terrorists. Are these real terrorists or are they people our government supported to commit their dastardly deeds? Was 911 an inside job? Did the government actually secretly support Tim McVeigh with his plans? The government has been known to support Drugs, yet we are in a drug war and imprisons people for taking the drugs that they bring into the country through CIA operations. The government is CRIMINAL. It needs to be brought to justice.

Chernenko said...

Americans- Now it is time to take this nation back from its despotic leaders. We can do it peacefully through elections, but have to act fast before we collapse from within. We know that we are United in this cause. We know that we can act decisively and with action so we can once again be free. We as Americans have a duty beyond our football games and mind-robbing television sets- to act decisively for the overthrow of a government that wants to rob you of your Constitutional Freedoms. We have the Right to bear Arms. The reason our founders gave us this right was to protect us from despotic governments that fear individual freedoms. We have the right to assemble. We have the right to Free Speech. We have the right, at least in the mind of Thomas Jefferson, to overthrow governments that have usurped their powers. Well, Ladies and Gentlemen, look where we are today and honestly ask yourself if the government hasn’t usurped their authority. The government owns the Car Industry, the Banking Industry, the Insurance Industry (AIG), and now will Own the HealthCare Industry. This is ridiculuous. I might as well be living in the USSR during the height of Communism. This new Socialism will be our Death and certainly defies a Capitalistic Society. We as Americans have a right to express our displeasure with the direction of governmental authority. They want to wire tap without warrants, they don’t want you to own guns because that represents a line of defense against despotism, they want to throw people in prison without Due Process, all in the name of defending us from terrorists. Are these real terrorists or are they people our government supported to commit their dastardly deeds? Was 911 an inside job? Did the government actually secretly support Tim McVeigh with his plans? The government has been known to support Drugs, yet we are in a drug war and imprisons people for taking the drugs that they bring into the country through CIA operations. The government is CRIMINAL. It needs to be brought to justice.

firebat757 said...

The government is like a huge demonic beast. It tells us that it's here for our own good, It tells us sweet lies, about how we can change it, about how it's here for us, about what it is doing for us, yet if we decide it has become unjust, if we feel we are unfairly treated, or are given less rights then other people, then it has mechanisms and powers to protect itself. And how does it do that? By KILLING us. By locking us away, without hope or cause. by murdering our brothers, or forcing them to kill us. By stealing our humanity, or ruining everything we spent a lifetime creating. By taking away social securities from old veterans, whose only hope is to feed themselves tomorrow. THIS is America. "The death of one man is a tragedy, the death of millions is a statistic."