In Federalist 51, James Madison declared “the people [to be] the fountain of all authority.” As the “Father of the Constitution”, James Madison was largely responsible for the First Amendment, which declared that “Congress shall make no law … abridging … the right of the people peaceably to assemble.” While creating the framework for America’s new society, James Madison endowed Americans with the right and duty to gather and express themselves.
These First Amendment freedoms are the highest forms of resistance protected by the Constitution. But what happens when the Constitution permits the suppression of rights? This was what Civil Rights activists faced in the years after the Supreme Court’s decision in the Slaughterhouse cases and Plessy v. Ferguson. It is the job of the Supreme Court to interpret the Constitution and say “what the law is”. However, English political theorist, Algernon Sydney, wrote, “That which is not just, is not Law; and …show more content…
More recently, there have been protests in opposition to the new administration and, more specifically, to the Executive Order on immigration.. While these protests are often described as instances of civil disobedience, I disagree that they fit the definition, as the protesters are not purposefully violating a law they oppose. One of the recent examples of civil disobedience has been in response to laws such as North Carolina’s HB2, which requires individuals to use the bathroom of their sex and not the gender they identify with, when transgender individuals ignore the law’s directive. Resistance like this is civil disobedience at its best. It truly furthers society and makes it freer. Although political protests also create a more free society, they are not examples of civil disobedience and should not be confused as
These First Amendment freedoms are the highest forms of resistance protected by the Constitution. But what happens when the Constitution permits the suppression of rights? This was what Civil Rights activists faced in the years after the Supreme Court’s decision in the Slaughterhouse cases and Plessy v. Ferguson. It is the job of the Supreme Court to interpret the Constitution and say “what the law is”. However, English political theorist, Algernon Sydney, wrote, “That which is not just, is not Law; and …show more content…
More recently, there have been protests in opposition to the new administration and, more specifically, to the Executive Order on immigration.. While these protests are often described as instances of civil disobedience, I disagree that they fit the definition, as the protesters are not purposefully violating a law they oppose. One of the recent examples of civil disobedience has been in response to laws such as North Carolina’s HB2, which requires individuals to use the bathroom of their sex and not the gender they identify with, when transgender individuals ignore the law’s directive. Resistance like this is civil disobedience at its best. It truly furthers society and makes it freer. Although political protests also create a more free society, they are not examples of civil disobedience and should not be confused as