By Tim Ravndal
“On every question of the construction of the Constitution, let us carry ourselves back to
the time when the Constitution was adopted, recollect the spirit manifested in the debates,
and instead of trying what meaning may be squeezed out of the text, or invented against
it, conform to the probable one in which it was passed.” ~ Thomas Jefferson
History lessons on what the people are to do to preserve the Constitutional Republic are well documented by the American Founding Fathers. The ability for the citizens to reach out to their appointed and elected officials for representation in matters of public interest are again on the table across America. Many citizens are not familiar with history because it is no longer taught in schools and complacency is rampant at most every level of American society.
The Magna Carta of 1215 guaranteed the right to redress grievances. Chapter 61 took care to ensure the people that there was a way to stop the loss of Liberty and Freedom from wrongful government. History is clear on this point as King John signed the document recording the right to petition for redress of grievances.
“Since, moreover, for God and the amendment of our kingdom and for the better allaying of
the quarrel that has arisen between us and our barons, we have granted all these concessions,
desirous that they should enjoy them in complete and firm endurance forever, we give and grant to
them the underwritten security, namely, that the barons choose five and twenty barons of the
kingdom, whomsoever they will, who shall be bound with all their might, to observe and hold,
and cause to be observed, the peace and liberties we have granted and confirmed to them by
this our present Charter, so that if we, or our justiciar, or our bailiffs or any one of our officers,
shall in anything be at fault towards anyone, or shall have broken any one of the articles of this
peace or of this security, and the offense be notified to four barons of the foresaid five and
twenty, the said four barons shall repair to us (or our justiciar, if we are out of the realm) and,
laying the transgression before us, petition to have that transgression redressed without delay.
And if we shall not have corrected the transgression (or, in the event of our being out of the realm,
if our justiciar shall not have corrected it) within forty days, reckoning from the time it has been
intimated to us (or to our justiciar, if we should be out of the realm), the four barons aforesaid
shall refer that matter to the rest of the five and twenty barons, and those five and twenty barons
shall, together with the community of the whole realm, distrain and distress us in all possible
ways, namely, by seizing our castles, lands, possessions, and in any other way they can, until
redress has been obtained as they deem fit, saving harmless our own person, and the persons of
our queen and children; and when redress has been obtained, they shall resume their old
relations towards us….”
Chapter 61 provided the procedure for spelling out the Rights of the People and the obligations of the Government. The procedural steps to be taken by the People and the King, in the event of a violation by the King of any provision of that Charter was secured. The procedure provided the people a way to transmit a Petition for a Redress of their Grievances. Upon receipt of that petition, the King was given 40 days to respond. If the King failed to respond in 40 days, the People could non-violently retain their money or under the charter, violence could be legally employed against the King until he Redressed the alleged Grievances.
In 1689 the American people were giving notice to the King, proclaiming their Declaration of Rights. Back then the subjects petitioned the King for illegal actions against the people under chapter 61 of the Magna Carta. This led to the adopted Constitutional provision we have whereas the people can deliver a petition to the Congress of the United States for Redress of violations delineated through clauses within the U.S. Constitution.
There shall be no laws abridging the right to petition government for a redress of grievances and is secure in the bill of rights. In 1774 Congress adopted the Declaration of Independence and unanimously agreed that it is the people’s right to petition for redress of grievances and the provisions for enforcement of that right without exception.
In 1775 Mr. Jefferson gave further meaning to the people’s rights and the right to enjoy enforcement. “The privilege of giving or withholding our moneys is an important barrier against the undue exertion of prerogative which if left altogether without control may be exercised to our great oppression; and all history shows how efficacious its intercession for redress of grievances and reestablishment of rights…would be the surrender of so powerful a mediator.”
In 1776, the Declaration of Independence was adopted by the Continental Congress. The bulk of the document is a listing of the Grievances the People had against a Government that had been in place for 150 years.
The one grievance that was listed as the ultimate was the one that prevented the government from prohibiting the people to non-violently withdraw their support to the allegiance to the government. This is precisely what led to the war against the King both morally and legally.
The people made at every instance an effort to petition for redress in humble terms as is again practiced each day across America. In the past those petitions were answered with repeated injury time and time again. This brings us to 2020 in America where the practice of redress of grievances continues to be ignored and additional causes of injury are instituted by government.
The Right to petition is a foundational right founded under the 1st Amendment. The right to free speech, press and assembly are the necessary parts of the constitution to protect the historic right to petition. Ultimately petitions are the way of holding government accountable to the natural rights that date back to the 11th century.
The foundation of freedom and liberty in America was documented in the mid 17th century. The absolute need to secure the freedom of speech was due to the recognition that the people and their representatives must be able to debate freely in public meetings. In addition it was recognized that the freedom of the press and the need to protect the press from being prohibited from the process was and is still evident today.
The petition process additionally gave recognition to the right to public assembly which was under extreme threat at the time. Now in 2020, history once again is being repeated with the prohibition of the right to assemble, the right to free speech and the right to freedom to associate or dis-associate.
The People have been using this right to question the legality of the government’s actions, and to present their views on controversial matters. The process also is in place to demand that the government, as the creature and servant of the People, be responsive to the will of the people. In 2020 many citizens that are seeking answers from government officials are discovering this right has been lost.
Over the years the courts have heard case after case challenging the government for violating the rights of the people. The abuse of the legislative power has rendered the petitions moot due to the disregard of the foundation of the Constitutional limits on government is being ignored.
Frustration with the British government led the Framers to consider incorporating a people’s right to “instruct their Representatives” in the First Amendment. This concept was given political doublespeak at the time based on the belief that the public trust would prevail providing all petitions were placed and heard.
There are citizens across Montana that are getting up to speed on their history lessons that lead to the foundation of freedom. The ability to redress grievances under the provisions of the 1st amendment of the United States Constitution is secure only if the people stand and exercise that right. The citizens we spoke to across Montana are saying the time for waving flags and holding rallies is history. Following those history lessons will ultimately place government back in check with the foundation derived from “We The People”
If a Governor mandates a vaccine, and that vaccine results in harm or injury to an individual, does the individual have a right to redress of grievances? Since the FDA has not validated the vaccines due to a lack of cumulative data how can they mandate a vaccine?
That is a very good question. We do need to make sure that those that are failing to be accountable to the people are reminded of this very concept in our Constitutional Republic where we follow through with a promise from “We The People”