Current Event, Protest and Secession

The aspect of independence emanates from the freedom that people have by
virtue of naturally existing in a free world and a free country. This
means that the independence of each and every person is founded in the
independence of a country or a community to determine and lead their own
destiny. This independence that the country enjoys therefore guarantees
basic and fundamental rights to all citizens. Due to dynamic social and
political environment, these rights should be safeguarded by all legal
and governance structures that guide the existence of the country. Such
fundamental include the rights of American citizens to protest against
the government, federal governments on private basis or as states. These
rights are therefore founded on fundamental freedoms inspired by various
groups, objects and documents.
Discussion of the Rights
In the resentment of the election of Barrack Obama, citizens in the
states had a right to express their displeasure in his government and
state policies. However, they do not have the right to pursue a right
that violates other people’s rights. This protest would therefore be
unconstitutional as it violates the right of president Barrack Obama to
contest, win and rule just like any other American. It is the right and
freedom of every American to lead where people chose and it is a
democratic responsibility of a person or a state to accept the choice of
other people or states.
The basic freedoms and rights as presented and illustrated by groups,
documents, historical events, revolutions, wars and people are vested on
to people through the democracy of a government. From such elements and
objects, citizens can derive the right to protest against the government
and even to call for stronger independence in order to guarantee
fundamental freedoms. However, these rights need not be interpreted to
reflect the right to independence from the federal government. The
declaration of independence is valued by the Americans as the document
that pronounces their fundamental freedoms and rights. This document
therefore becomes a way in which Americans can interpret to define their
right to question or protest the government whenever it acts against the
pronouncements.
The constitution of the United States is another document that
pronounces the fundamental rights and freedoms of the country’s
citizens in regard to the right to protest. Many protestors in the
United States and all over the world base their protest in the
constitution. This is evident as many protests against the government
are defined as people fighting for their rights. The right of people to
protest is based on the freedom of expression and the right of service
from the government in accordance with the constitution. Therefore,
whenever the government of the day acts or governs against the
fundamental rights pronounced in the constitution, people have a right
to protest.
The element of protesting against the government is the reason that
leads to revolutions. Taking the inspiration of the American Revolution,
people had taken enough from the government of the day and had to
protest in a wholesale level. This is the revolution that gave birth to
the independence of the American nation and states into a republic.
Based on this independence, several states may feel that they have a
right to protest or even secede from the federal government if it does
not observe the rights that Americans fought during their revolution.
Therefore, the American Revolution gives people and such states the
reason to protest since they need to protect their rights. It is
therefore justified if a state tries to secede because of the failure of
the federal government to protect the independence and rights achieved
by the American Revolution.
The articles of Confederation gave the union of the United States the
formality of agreeing to form the federal government that observes the
rights and freedoms they were fighting for. This common identification
of the basic rights and freedoms means that each state agreed with one
another. However, the states have a right to secede if the agreements in
the articles of confederation are highly violated by the federal
government. The only way a state can secede therefore if the original
rights were violated and there is a unison agreement that such states
secede. The articles of confederation therefore present a reason for a
state or group of people to protest if the federal government does not
adhere to the pronouncements of the document that brought all the states
together.
The observance of all the rights and freedoms and the acceptance of
protests as the way of fighting for rights came as an element of the
outcome of the civil war. The war was no only for the achievement of
independence, but also a fight for room to enjoy state and civil
freedoms. Therefore, the outcome of the civil war, a protest for freedom
guarantees that any protest or secession will yield the desired freedoms
and civil rights. This gives a reason why people have a right to protest
in case of a violation of the freedoms that brought people together to
fight for.
The use of the articles of confederation was critical in presenting
reforms that solved the resentment, protest and threats of secession
that faced the federal government. This was evident from the Shays
Rebellion, which demonstrated the right of people to have equal
representation in addition to fair governance of the federal government.
With the resentment of people with the appointment of Barrack Obama into
power, it shows that some people have a feeling of superiority of their
rights over others such that they cannot accept the choices of the
majority. This means that the comparison of the Shays Rebellion to this
resentment can only offer light to understand the rights of people to
protest.
Taking the case of the Shays Rebellion, the loyalty of people in the
state can be presented by those who love the federal government and
those who love the states government. The contest between the
Anti-Federalists and Federalist is seen when people are pursuing their
right of protesting against the federal government and when states are
considering secession. Federalists will not protest the federal
government and will blame the state government of demanding too much
from the union. On the other hand, Anti-Federalists will always look at
what they do not get from the federal government and focus on the
capacity of their own state governments to achieve the same roles as the
federal government.
These elements of the interpretation of the rights of citizens to
protest and states to secede are further complicated by the
understanding of the Broad vs. Strict Construction of the Constitution.
People who define the rights and the constitution from broad terms will
incorporate the right to protest as a fundamental rule beyond the
freedom of expression as defined in the constitution. However, people
and states who believe in Strict Construction and understanding of the
Constitution will take the right to protest as just an element in the
freedom of expression. They therefore take the right, in its entirety
and interpret that it should not be invoked in situations of general
governance or democratic issues such as the election of a non-popular
president.
However, certain political events and processes presented strong
challenges to the federal government with several states finding
secession. For instance, the election of Abraham Lincoln was greeted
with immediate secession announcements from seven states just a day
before his inauguration ceremony. The secessionist states then formed
the confederacy and boarder lines when Lincoln called for restoration of
federal property in some states leading to neutrality of others. The
call for secession led to the civil war that taught Americans the much
needed lessons that regard to the application of protest and secession
rights. These lessons from history, therefore present limitation to the
rights of people who might entirely pursue them to secession due to the
election of Barrack Obama.
Conclusion
The right of American citizen to protest and for states to secede from
the federal government is a critical element embedded in the fundamental
freedom of expression. In addition to violation of other rights,
violation of the freedoms of expression may give Americans the right to
protest and secede in the spirit of the American independence. This
means that people have varied ways on their right to protest against the
government and for the states to secede the federal government. However,
this depends on the interpretation of the law as well as the historical
events, documents and agreements in relation to the violation of human
rights that the federal government may have committed. It also depends
on the level of conflict between caused by a political process such as
the election of a president.
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