" We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. — That to secure these rights, 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"
So then... the "founding fathers" created a provision in our declaration of independence that shoudl the government no longer serve the people and their right, it is the right to abolish it right?
Think again. the constitution, unless amended, override all other laws created in the U.S., but the declaration holds no such sway over law.
In 1939, fear of communism had already begun to set in in America, and Congress passed the hatch act, a law which only has power over federal employees, most of it was concerned with preventing election fraud and the such, but then a slightly unusual clause slipped in.
Wait what. basically if you are employed directly or indirecly by the federal govenrment [and my derivation state and local governments and their subsidiaries like schools] you will lose your job if you support the overthrow of the current form of government.
- (1) It shall be unlawful for any person employed in any capacity by any agency of the Federal Government, whose compensation, or any part thereof, is paid from funds authorized or appropriated by any Act of Congress, to have membership in any political party or organization which advocates the overthrow of our constitutional form of government in the United States.
- (2) Any person violating the provisions of this section shall be immediately removed from the position or office held by him, and thereafter no part of the funds appropriated by any Act of Congress for such position or office shall be used to pay the compensation of such person.
Seeing no real resistance, Congress took the liberty of passing another law in 1940, the Smith Act [Alien registration act]
Most provisions of the law were simple about Making it mandatory for non-citizens residing in the united states to register with the federal government. this is all good and fair, but then some other clause managed to slip in
[TITLE 18>Part I>chapter 115> § 2385 http://www.law.cornell.edu/uscode/18/2385.html]
Wait what. so If you even discuss or affiliate yourself or are somehow related so someone or a group that discusses the overthrow of the U.S. Government you are to be locked away for no less than 20 years, possibly fined, and become ineligible for employment by a government agency for five years after that?? Daaayum. and we still have the gall to say that we are tolerant of discussion and new ideas...