Article I - The People
The Constitution of 1789 implied citizen sovereignty in its first three words – “We the People.” Unfortunately, little more is said about the people after that. In Civics classes, we’re taught that the government consists of three coequal branches. There is a whole lot of discussion about the checks and balances that exist between those branches. But there’s no talk about how the people put checks on the government. If there is, that subject is narrowed down to, “and if the people don’t like it, they can vote their officials out of office.” That’s not a very sovereign citizenry.
This Charter establishes three formal branches of government, just like the Constitution of 1789 did. But it also establishes a fourth branch that is senior to the three formal branches. That fourth branch is the people. Specifically, this fourth branch, this sovereign branch, is made up of the citizens of the United States.
Article I begins by marrying political philosophy and political mechanics. It firmly establishes the sovereignty of the citizens in its opening. The article discusses who “persons” are. It defines who “the People” are.
It explains that, although every human has natural rights, they have no particular legal force. Civil rights give force to those natural rights. Since they are the expression of those natural rights, they have to apply to everyone. There is a lengthy explanation of enumerated civil rights and an acknowledgement that others exist. Then it goes on to explain a new term for an established concept – civic rights. It describes these special rights as belonging only to citizens due to their relationship with the State. Those rights are enumerated, as well.
After all of this, the article dives into a key innovation. Every citizen is presumed to have the civic powers to vote, hold office, and reform the government. If citizens are to be sovereign in this way, they have to be active. Just hanging out and waiting for the next election won’t cut it. They have to do the hard, sometimes unglamorous work of maintaining a democratic republic. As long as they do, they keep their civic powers. Shirk their duties, though, and those powers can be suspended. The article details their duties, how participation is measured, what happens when powers are suspended, and how they can be restored.
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