How to Overthrow the Government

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How to Overthrow the Government

How to Overthrow the Government

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Throughout Chinese history, rebels who opposed the ruling dynasty made the claim that the Mandate of Heaven had passed, giving them the right to revolt. In the American Revolutionary context, one finds expressions of the right of revolution both as subject to precondition and as unrestrained by conditions. All Greek constitutions since the Greek Revolution have contained a right to resist in their concluding article. On the question of tyrannicide, Mill came down firmly in favour of the virtue of "the act of a private citizen in striking down a criminal, who, by raising himself above the law, has placed himself beyond the reach of legal punishment or control, [since it] has been accounted by whole nations, and by some of the best and wisest of men, not a crime, but an act of exalted virtue". However, Diem’s persecution of Buddhists made him an unpopular ruler, leading the Kennedy administration to doubt Diem’s ability to win the war.

It may be a casus omissus in the constitution; but I should like to know where the power exists in the Constitution of the United States to authorize the Federal Government to coerce a sovereign State. The contract of government is so completely dissolved by despotism, that the despot is master only so long as he remains the strongest; as soon as he can be expelled, he has no right to complain of violence. Communications on Law Stack Exchange are not privileged communications and do not create an attorney-client relationship.Immanuel Kant would have strongly disagreed with Locke and Rousseau as regards the notion of there being any general principle of a right to revolution. It's also possible for a government which wasn't overthrown to recognize retrospectively that a rebellion was a legitimate response to its own transgressions. The US Declaration of Independence was a political document, attempting to justify a revolution then in progress, it was not and is not a legal document, and it does not make actions similar to those undertaken by the Americans who revolted against Britain legal in future. He believed that "Earthly princes depose themselves while they rise up against God", so "it behooves us to spit upon their heads than to obey them".

Although some explanations of the right of revolution leave open the possibility of its exercise as an individual right, it was clearly understood to be a collective right under English constitutional and political theory. Connecticut's 1818 constitution articulated the people's right "at all times" to alter government "in such a manner as they may think expedient". When the United States invaded Afghanistan in 2001, it established an interim government led by Hamid Karzai to replace the warring Taliban government and the oppositional Northern Alliance. On the eve of the American Revolution, for example, Americans considered their plight to justify exercise of the right of revolution. However, Locke was not only a proponent of fighting tyranny through civil disobedience of unjust laws.This preface from 24 June 1793 contained a declaration of the rights of man and citizen including right to rebellion in §35: "When the government violates the rights of the people, insurrection is for the people, and for every portion thereof, the most sacred of rights and the most indispensable of duties. That case was in the context of a law which made it almost impossible for anyone to lawfully own a handgun, even an off-duty police officer. A decade later the "indictment" of George III in the Declaration of Independence sought to end his sovereign reign over the colonies because he violated the original constitutional contract.



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