The Right of Redress

-editorial by Frank Sims, ~2003

The rights of the individual are not derived from government agencies, municipal, State or Federal, or even from the Constitution.  They exist inherently in every man, by endowment of the creator, and are merely reaffirmed in the Constitution and restricted only to the extent that they have been voluntarily delegated by the citizens to the agencies of our government.  The people's rights are not derived from the government, but rather the government's authority comes from "We the People."  The Constitution but states those rights already existing, and when legislative encroachment by the State, municipality or the bureaucracy invades these original and permanent rights, it is the duty of the citizens to reclaim their right.

"We the People" have an inalienable, indefeasible right to settle our grievances against government via the citizen petition, as guaranteed by the First Amendment of the Constitution and by Article 1, Section 16 of the Delaware Constitution.  Nevertheless, our Legislators are insulating themselves from citizen control by refusing to establish a petition process.  The scheme is to develop a way to take power away from the people, through the bureaucracies, without the citizens' knowledge or in such a way that the citizen has no political remedy.  Changing Legislators has not changed the violation of the citizens First Amendment Right of Redress.  Fostering ignorance of the Citizens Constitutional Rights is the method, best evidenced by the DPI bureaucracy and their attendant devaluing of core subjects and civics.  The more freedoms and liberty are viewed as conditional and relative, the more easily freedoms and liberty can be taken away.  So called " political moderation" in Delaware is used as a pretext to excuse away political accountability to the citizens of Delaware.

Example: We are the only State in America whose Legislature is unwilling to allow its citizens to vote and ratify amendments to our own Constitution!

Example: Article 1, Section 16 of the Delaware constitution states, "We the People" have the "Right to petition the government for redress of grievances." (Meaning the procedure used by voters to propose new bills and laws via the petition process and enact or reject them at the polls, independent of the public officials.)  Not in Delaware!

Example: In 1905, the Legislature passed advisory, non-binding initiative and referendum. In 1906 the proposal was approved by a vote 17,248 to 2,162, but the legislature has never taken steps to give effect to the expressed popular will of the people except to seek the citizens opinion once, about bingo!!!!!

The l&R process provides a legal orderly way for voters and reform-minded public officials to by-pass the political establishment and place important issues on the ballot themselves, provided they gather enough valid signatures during the allotted time period. I&R is reserved for the times when government fails to act as needed or takes actions that are contrary to the general will. So long as government does its job, there is no need for a petition drive to be launched. The l&R process in no way usurps the legitimate powers of legislators. The duties of the legislators remain exactly the same with l&R as without l&R. In fact, the courts have repeatedly ruled that the lawmaking powers awarded the legislature are additional to those retained by the citizens.

The citizens own the government.  Our Senators and Representatives should be treated with respect.  But remember, they are the hired help.  They work for the citizens.  When they campaign, their campaigns are actually applications for employment.  It is the citizens' right and duty to supervise those hired to represent us.

We can no longer be passive observers of government.  Our political system is not an athletic event that can be won by sending in a fresh string of new players or a better coach.  Democracy in not a spectator sport.  We must hold our legislators accountable.