Dear Flanders:
Since the concept of "consent of the governed" is not literally in the Constitution (I only found it in the Declaration of Independence), I have considered pushing an Amendment that would defend this right for people to invoke PROVIDED such persons also RESPECT consensus as the standard for resolving conflicts.
In the meantime, the Texas Bill of Rights DOES include a Section recognizing the authority of the people as the basis for govt:
"Sec. 2. INHERENT POLITICAL POWER; REPUBLICAN FORM OF GOVERNMENT. All political power is inherent in the people, and all free governments are founded on their authority, and instituted for their benefit. The faith of the people of Texas stands pledged to the preservation of a republican form of government, and, subject to this limitation only, they have at all times the inalienable right to alter, reform or abolish their government in such manner as they may think expedient."
Here is the draft of an Amendment on Consent of the Governed that I came up with, hoping that just distributing this would be enough to educate people on the Spirit of the Laws we should be enforcing anyway. At this point, that does not seem to be enough, and some corrective legislation may actually need to be passed to force conflict resolution where parties are otherwise abusing majority rule to bypass democratic checks and balances, and to violate religious and political freedoms of dissenting citizens who are supposed to be equally protected under law regardless of political affiliation and leanings.
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PROPOSED AMENDMENT
ON JUDICIAL FREEDOM
Pursuant to Articles I, II, and III and Amendment I, the separation of legislative, judicial, and executive powers of government, and of church and state authority, shall neither be applied nor denied to disparage the equal right of all citizens to protection of the laws.
The consent of the governed, being necessary for the just powers of government to represent the authority of the people, the right to seek mediation and consensus to resolve disputes by consent of the parties, shall not be denied, but shall be invoked by written oath of petitioning parties to abide by consensus decision with dissenting parties affected.
Pursuant to the above, the judicial freedom to select counsel, mediators, and judges to resolve a dispute, to the satisfaction of all parties, shall neither be exercised nor denied to obstruct justice, deny equal rights, or abridge free and equal access to due process of law.
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TEXAS CONSTITUTION
Article 1
Section 2
All political power is inherent in the people, and all free governments are founded on their authority, and instituted for their benefit. The faith of the people of Texas stands pledged to the preservation of a republican form of government, and, subject to this limitation [and the consent of the governed], they have at all times the inalienable right to alter, reform or abolish their government in such manner as they may think expedient.
Pursuant to this Section, the right of the people to vote, seek proportional or direct representation, and mediate to resolve disputes with governing authorities by a consensus of the parties, shall not be denied, but shall be invoked by written oath of petitioning parties to abide equally by the Code of Ethics for Government Service.
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CODE OF ETHICS FOR GOVERNMENT SERVICE
House Concurrent Resolution No. 175, July 11, 1958, 72 Stat. B12, provided for a Code of Ethics for all Government employees, including officeholders. See Public Law 96-303, set out below.
DISPLAY IN FEDERAL BUILDINGS OF CODE OF ETHICS FOR GOVERNMENT SERVICE
Public Law 96-303, July 3, 1980, 94 Stat. 855, provided: "That, under such regulations as the Administrator shall prescribe, each agency shall display in appropriate areas of Federal buildings copies of the Code of Ethics for Government Service.
"Section 2 (a) The Administrator shall provide for the publication of copies of such Code of Ethics and for their distribution to agencies for use under the first section of this Act.
"(b) The Administrator may accept on behalf of the United States any unconditional gift made for the purposes of this Act.
"Section 3. For purposes of this Act -
"(1) the term 'agency' means an Executive agency (as defined by Section 105 of Title 5, United States Code), the United States Postal Service, and the Postal Rate Commission;
"(2) the term 'Administrator' means the Administrator of the General Services Administation;
"(3) the Code of Ethics for Government Service shall read as follows -
"CODE OF ETHICS FOR GOVERNMENT SERVICE
"Any person in Government service should:
"I. Put loyalty to the highest moral principles and to country above loyalty to persons, party, or Government department.
"II. Uphold the Constitution, laws, and regulations of the United States and of all governments therein and never be a party to their evasion.
"III. Give a full day's labor for a full day's pay; giving earnest effort and best thought to the performance of duties.
"IV. Seek to find and employ more efficient and economical ways of getting tasks accomplished.
"V. Never discriminate unfairly by the dispensing of special favors or privileges to anyone, whether for remuneration or not; and never accept, for himself or herself or for family members, favors or benefits under circumstances which might be construed by reasonable persons as influencing the performance of governmental duties.
"VI. Make no private promises of any kind binding upon the duties of office, since a Governmental employee has no private word which can be binding on public duty.
"VII. Engage in no business with the Government, either directly or indirectly, which is inconsistent with the conscientious performance of governmental duties.
"VIII. Never use any information gained confidentially in the performance of governmental duties as a means of making a private profit.
"IX. Expose corruption wherever discovered.
"X. Uphold these principles, ever conscious that public office is a public trust.
Your agency ethics official and the Office of Government Ethics are available to answer questions on conflicts of interest; and
"(4) the term 'Federal building' means any building in which at least 20 individuals are regularly employed by an agency as civilian employees.
"Section 4. The provisions of this Act shall take effect October 1, 1980. There shall be no costs imposed on the Federal Government for the printing, framing, or other preparation of the Code of Ethics for Government Service under this Act."