Revolutionary Rights: Are They Protected By The Constitution?

The right of revolution is not a right that is defined and protected by the Constitution, but a natural right. It would be absurd for a constitution to authorise revolutionary challenges to its authority. However, some have argued that the right of the people to remove the government has become embedded into the political system. The 1949 Basic Law for the Federal Republic of Germany, the federal constitution, contains a clause in its Article 20 (since 1968) recognising the right of the people to resist unconstitutional tyranny, if all other measures have failed.

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The right of revolution is a natural right, not a constitutional one

Some have argued that because in modern times democratic governments can be overthrown by popular vote, the right of the people to remove the government has become embedded into the political system. In a study of the idea of rule by the people in the American Revolution and in early post-revolutionary America, legal historian Christian G. Fritz writes: "The constitutional logic of recognising the people, not a king, as the sovereign implied the irrelevance of a right of revolution in America."

In the Federalist #40 and #43, James Madison cites the Declaration's right of revolution to explain and to support the revolutionary proposals of the constitutional convention. Madison argues that political leadership (by patriots like those assembled in Philadelphia) is needed in a revolution because "it is impossible for the people spontaneously and universally to move in concert towards their object." Thus, while the right of revolution is justly exercised when an enlightened people feel and judge that their government threatens to lead them back into an anarchical state of nature by failing to fulfil the duties they have entrusted to it, a revolution need neither wait for nor involve an anarchical disruption of society.

Some of the first state constitutions included "alter or abolish" provisions that mirrored the traditional right of revolution. The 1949 Basic Law for the Federal Republic of Germany, the federal constitution, contains both entrenched, un-amendable clauses protecting human and natural rights, as well as a clause in its Article 20 (since 1968) recognising the right of the people to resist unconstitutional tyranny, if all other measures have failed. All Greek constitutions since the Greek Revolution have contained a right to resist in their concluding article.

The right of revolution is embedded in the political system

The right of revolution is not a right that is defined and protected by the Constitution, but a natural right. It would be absurd for a constitution to authorise revolutionary challenges to its authority. However, it would not have been absurd for the preamble to the Constitution to have acknowledged the right of revolution, as the preamble to the Pennsylvania Constitution of 1776 did.

Some have argued that because democratic governments can be overthrown by popular vote, the right of the people to remove the government has become embedded into the political system. In a study of the idea of rule by the people in the American Revolution and in early post-revolutionary America, legal historian Christian G. Fritz writes: 'The constitutional logic of recognising the people, not a king, as the sovereign implied the irrelevance of a right of revolution in America'.

In the Federalist #40 and #43, James Madison cites the Declaration's right of revolution to explain and support the revolutionary proposals of the constitutional convention. Madison argues that political leadership is needed in a revolution because 'it is impossible for the people spontaneously and universally to move in concert towards their object'.

Some of the first state constitutions included 'alter or abolish' provisions that mirrored the traditional right of revolution. The 1949 Basic Law for the Federal Republic of Germany, the federal constitution, contains both entrenched, un-amendable clauses protecting human and natural rights, as well as a clause in its Article 20 (since 1968) recognising the right of the people to resist unconstitutional tyranny, if all other measures have failed. All Greek constitutions since the Greek Revolution have contained a right to resist in their concluding article.

The right of revolution is recognised in the German constitution

The right of revolution is not a right that is defined and protected by the Constitution, but a natural right. It would be absurd for a constitution to authorise revolutionary challenges to its authority. However, it would not have been absurd for the preamble to the Constitution to have acknowledged the right of revolution, as, for example, the preamble to the Pennsylvania Constitution of 1776 had done. It was unnecessary to include such an acknowledgment in the Constitution of 1787, for the Constitution did not supplant the declaration of independence of 1776, which remained the first organic law of the United States.

Some have argued that because in modern times democratic governments can be overthrown by popular vote, the right of the people to remove the government has become embedded into the political system. In a study of the idea of rule by the people in the American Revolution and in early post-revolutionary America, legal historian Christian G. Fritz writes: 'The constitutional logic of recognising the people, not a king, as the sovereign implied the irrelevance of a right of revolution in America'.

In the Federalist #40 and #43, James Madison cites the Declaration's right of revolution to explain and support the revolutionary proposals of the constitutional convention. Madison argues that political leadership is needed in a revolution because 'it is impossible for the people spontaneously and universally to move in concert towards their object'.

The 1949 Basic Law for the Federal Republic of Germany, the federal constitution, contains both entrenched, un-amendable clauses protecting human and natural rights, as well as a clause in its Article 20 (since 1968) recognising the right of the people to resist unconstitutional tyranny, if all other measures have failed. All Germans shall have the right to resist any person seeking to abolish this constitutional order, if no other remedy is available.

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The right of revolution is recognised in the Greek constitution

The right of revolution is not a right that is defined and protected by the Constitution but a natural right. It would be absurd for a constitution to authorise revolutionary challenges to its authority. However, it would not be absurd for a preamble to the Constitution to acknowledge the right of revolution. For example, the preamble to the Pennsylvania Constitution of 1776 did so.

The current Greek Constitution states in Article 120:

> Observance of the constitution is entrusted to the patriotism of the Greeks who shall have the right and the duty to resist by all possible means against anyone who attempts the violent abolition of the Constitution.

All Greek constitutions since the Greek Revolution have contained a right to resist in their concluding article.

Some of the first state constitutions included "alter or abolish" provisions that mirrored the traditional right of revolution. In the Federalist #40 and #43, James Madison cites the Declaration's right of revolution to explain and to support the revolutionary proposals of the constitutional convention. Madison argues that political leadership is needed in a revolution because "it is impossible for the people spontaneously and universally to move in concert towards their object".

The right of revolution was cited by James Madison to support revolutionary proposals

The right of revolution is not a right that is defined and protected by the Constitution but a natural right. It would be absurd for a constitution to authorise revolutionary challenges to its authority. However, it would not have been absurd for the preamble to the Constitution to have acknowledged the right of revolution, as, for example, the preamble to the Pennsylvania Constitution of 1776 had done. The Declaration of Independence of 1776 remained the first organic law of the United States.

Some have argued that because in modern times democratic governments can be overthrown by popular vote, the right of the people to remove the government has become embedded into the political system. In a study of the idea of rule by the people in the American Revolution and in early post-revolutionary America, legal historian Christian G. Fritz writes: 'The constitutional logic of recognising the people, not a king, as the sovereign implied the irrelevance of a right of revolution in America'.

In the Federalist #40 and #43, James Madison cites the Declaration's right of revolution to explain and support the revolutionary proposals of the constitutional convention. Madison argues that political leadership (by patriots like those assembled in Philadelphia) is needed in a revolution because 'it is impossible for the people spontaneously and universally to move in concert towards their object'. Thus, while the right of revolution is justly exercised when an enlightened people feel and judge that their government threatens to lead them back into an anarchical state of nature by failing to fulfil the duties they have entrusted to it, a revolution need neither wait for nor involve an anarchical disruption of society.

Some of the first state constitutions included 'alter or abolish' provisions that mirrored the traditional right of revolution. The 1949 Basic Law for the Federal Republic of Germany, the federal constitution, contains both entrenched, un-amendable clauses protecting human and natural rights, as well as a clause in its Article 20 (since 1968) recognising the right of the people to resist unconstitutional tyranny, if all other measures have failed. All Greek constitutions since the Greek Revolution have contained a right to resist in their concluding article.

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