» King George - the flag versus the Constitution

24 June 2005 - 6:38am

King George - the flag versus the Constitution

Matsu's picture

The founding fathers - Jefferson, Franklin and Madison - cautioned in the Declaration of Independence,

Prudence, indeed, will dictate that Governments long established should not be changed for light and transient causes.

Amendments change the Constitution - hence the government. It is a big deal - or it ought to be or we risk trivializing the Constitution. After the ten articles of the Bill of Rights, the United States Constitution has been amended only 17 times - and two amendments cancel each other - when liquor was banned and then the ban lifted. That means only 15 Amendments. And what are they mainly about?

The Amendments abolished slavery, gave women the vote, lowered the voting age to 18, repealed the poll tax, allowed for the direct election of Senators (and not by state legislatures), and worked out some Presidential succession issues and limited the number of times a person could be President and how Congress was paid.

The founders wanted to limit what the government could do, not what the people could do. The Amendments usually clarify that the people have more power than before and/or they curb the government - amendments about liquor and income tax the notable exceptions. This is in keeping with limiting the government.

The Constitution by and large limits the powers of the government, not of the people.

It seems to me, amending the Constitution over flag desecration is an Amendment of "light and transient cause." Defending the flag? When did this start? Actually it was during the original battle between the Red and Blue States - the American Civil War. It was a remnant of the attempt to bind the nation's wounds.

When George Walker Bush was in elementary school, the last of the people who fought in the American Civil War were dying - by then old men who had once been drummer boys. As we all know, the Red States had left the Union. A pledge was required for all, but aimed at the Red States - those that tried to secede from the Union and the purpose of the pledge was to get the Red States to declare they were part of an indivisible union. Their seats in Congress depended on it. Their right to vote depended on it. The Red States had to renounce their allegiance to the Confederacy and to come back into the Union by forswearing other flags - like the Stars and Bars. They had to give up the idea of slavery. This is the purpose of the pledge. It went,

I pledge allegiance to the flag and the United States of America and to the Republic for which it stands, one nation indivisible with liberty and justice for all.

When George Walker Bush was in elementary school, the Civil War was part of living memory for some of the oldest people, still alive. Many of the Southerners thought the pledge of allegiance to be odious.

When George Walker Bush was in elementary school, the words "under God" were inserted into the pledge and the cadence of the pledge - to this very day! - has that pause when "teacher" re-taught us to remember to slip that phrase, "under God," in.

This may have been the time that a generation of children were indoctrinated into believing that our allegiance was to a flag of a nation under God. Some of us old enough to remember the inclusion of "under God" simply do not say that part of the pledge. They recite the older pledge - but that's an aside.

When George Walker Bush was in elementary school, some children came to believe our republic was a theocracy, not understanding - still being elementary school children - that the term "under God," as used by the founding fathers (many of whom were atheists), was to refute the theory of "divine right of kings." Instead, the founders argued that people do not get power from what the king allows people to have, but rather - as the Declaration of Independence states -

all men are created equal, that they are endowed by their Creator with certain unalienable Rights

Freedom is a "natural" right - a natural state of man. The Constitution is a contract between the people and the government. Again from the Declaration,

Governments are instituted among Men, deriving their just powers from the consent of the governed

The Constitution and the Amendments is when the people control the government, not the other way around. Loyalty to the United States is to the Constitution, not to the President or the Flag or the party in power, no matter how many electoral votes they got, no matter what God they worship, and no matter how much they believe that marriage is between a man and a woman.

Let us look at what Americanism is. It has to do with upholding the Constitution, not as George W. Bush said to the school girl in the Frontline episode, "The Jesus Factor" that there was a higher law than the Constitution.

The oath of allegiance which the military, naturalized citizens, our government officials adhere to is different from the pledge to the flag and promising not to secede and own slaves. The oath of allegiance does not even mention the flag, even once, and the one reference to God is the idiom "so help me God," which is equivalent to repeating "I swear under oath." It is an oath to uphold the Constitution.

But that does not seem to be the mind-set among many who think it is the flag that is in more danger than the Republic for which it stands.

Again, the same founding fathers in the same venerable document wrote, in 1776, some of the reasons they had to break with the mother country and declare independence. Among the abuses of King George III and his government,

He has obstructed the Administration of Justice, by refusing his Assent to Laws for establishing Judiciary powers.

He has made Judges dependent on his Will alone, for the tenure of their offices, and the amount and payment of their salaries.

He has affected to render the Military independent of and superior to the Civil power.

For Quartering large bodies of armed troops among us:

For protecting them, by a mock Trial, from punishment for any Murders which they should commit on the Inhabitants of these States:

For depriving us in many cases, of the benefits of Trial by Jury:

For transporting us beyond Seas to be tried for pretended offences

He is at this time transporting large Armies of foreign Mercenaries to compleat the works of death, desolation and tyranny, already begun with circumstances of Cruelty & perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation.

In every stage of these Oppressions We have Petitioned for Redress in the most humble terms: Our repeated Petitions have been answered only by repeated injury. A Prince whose character is thus marked by every act which may define a Tyrant, is unfit to be the ruler of a free people.

Any of this sound familiar?

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Comments

B.D.'s picture
B.D. says:

Nice piece. However, the Pledge of Allegiance was not developed for veterans of the Civil War. It was written and published in 1892 by Francis Bellamy with attribution for the ideas given to his brother, Edward, a writer and a socialist. Originally, it was written to coincide with a flag ceremony celebrating Columbus Day. More can be read on the subject here:

http://history.vineyard.net/pledge.htm

It is true that the Civil War and it's impact was much in Bellamy's mind, but it is not true, as you suggest, that this was written to get the Red States to "...enounce their allegiance to the Confederacy and to come back into the Union by forswearing other flags..."


(24 June 2005 - 9:50am)
Matsu's picture
Matsu says:

The pledge was formalized then, but its roots go back and language is built upon swearing allegiance and this was demanded by the Union.

cf. "Outlaw Josey Wales."

------

Addendum:

Interesting addition about the Confederacy in Wikipedia the Confederate States Motto was Deo Vindice "under God the vindicator," the North has E pluribus Unum meaning "out of many, one."

I stand by my statement in the broad sense of the mentality of the era that could produce such pledges.


(24 June 2005 - 10:01am)
Matsu's picture
Matsu says:

"Bill of Rights" of the Confederacy These are contained in Section IX of the Constitution of the Confederate States of America. There are interesting similarities to the Constitution of 1789 with 11 - 20 paralleling the 10 Amendments of the US Bill of Rights.

Section IX.

1. The importation of negroes of the African race from any foreign country other than the slaveholding States or Territories of the United States of America, is hereby forbidden; and Congress is required to pass such laws as shall effectually prevent the same.

2. Congress shall also have power to prohibit the introduction of slaves from any State not a member of, or Territory not belonging to, this Confederacy.

3. The privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it.

4. No bill of attainder, ex post facto law, or law denying or impairing the right of property in negro slaves shall be passed.

5. No capitation or other direct tax shall be laid, unless in proportion to the census or enumeration hereinbefore directed to be taken.

6. No tax or duty shall be laid on articles exported from any State, except by a vote of two-thirds of both Houses.

7. No preference shall be given by any regulation of commerce or revenue to the ports of one State over those of another.

8. No money shall be drawn from the Treasury, but in consequence of appropriations made by law; and a regular statement and account of the receipts and expenditures of all public money shall be published from time to time.

9. Congress shall appropriate no money from the Treasury except by a vote of two-thirds of both Houses, taken by yeas and nays, unless it be asked and estimated for by some one of the heads of departments and submitted to Congress by the President; or for the purpose of paying its own expenses and contingencies; or for the payment of claims against the Confederate States, the justice of which shall have been judicially declared by a tribunal for the investigation of claims against the Government, which it is hereby made the duty of Congress to establish.

10. All bills appropriating money shall specify in Federal currency the exact amount of each appropriation and the purposes for which it is made; and Congress shall grant no extra compensation to any public contractor, officer, agent, or servant, after such contract shall have been made or such service rendered.

11. No title of nobility shall be granted by the Confederate States; and no person holding any office of profit or trust under them shall, without the consent of the Congress, accept of any present, emolument, office, or title of any kind whatever, from any king, prince, or foreign state.

12. Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble and petition the Government for a redress of grievances.

13. A well-regulated militia being necessary to the security of a free State, the right of the people to keep and bear arms shall not be infringed.

14. No soldier shall, in time of peace, be quartered in any house without the consent of the owner; nor in time of war, but in a manner to be prescribed by law.

15. The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated; and no warrants shall issue but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched and the persons or things to be seized.

16. No person shall be held to answer for a capital or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor be compelled, in any criminal case, to be a witness against himself; nor be deprived of life, liberty, or property without due process of law; nor shall private property be taken for public use, without just compensation.

17. In all criminal prosecutions the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor; and to have the assistance of counsel for his defense.

18. In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved; and no fact so tried by a jury shall be otherwise reexamined in any court of the Confederacy, than according to the rules of common law.

19. Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

20. Every law, or resolution having the force of law, shall relate to but one subject, and that shall be expressed in the title.


(24 June 2005 - 11:17am)
media girl's picture

Amendment XIV, Section 3 (1868): No person shall be a Senator or Representative in Congress, or elector of President and Vice President, or hold any office, civil or military, under the United States, or under any state, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any state legislature, or as an executive or judicial officer of any state, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.

When it came to Congress, the representatives of the former Confederacy had to prove their allegiance, not just pledge it, and it had to be accepted by 2/3 of each house Congress!

Now "they" control the Government, and demand retribution and equal humiliation. No, the blue voters didn't rebel. We just disagreed. But that's all it takes for them to accuse us of rebellion.


(24 June 2005 - 10:12am)

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» King George - the flag versus the Constitution