The Right to Abolish, Revert and Replace Amendment


An Amendment to the U.S. Constitution

The right of the people to peacefully abolish the Constitution, to peacefully revert to the Articles of Confederation, and to peacefully replace the Constitution with some other form of government, shall not be abridged. Each state shall allow its citizens to place a measure to abolish the Constitution, or a measure to replace the Constitution, on any state ballot, according to prescribed state laws and rules. Where no such laws and rules exist, a state shall create the same, so that its citizens may exercise these rights within one year of passage of this amendment.

In any given year in which the citizens of a majority of the states vote in favor of abolishment, Constitutional authority and jurisdiction shall be immediately revoked in said majority states. Those majority states which are mentioned in the Articles of Confederation shall revert to it, while those majority states not mentioned in it shall be free and independent. If the vote is, instead, to replace the Constitution with some other form of government, all the aforementioned majority states shall immediately be bound by the newly adopted form. In either case, the minority states shall no longer be bound by Constitutional authority and jurisdiction, but shall be free and independent, unless mentioned in the Articles of Confederation, in which case they shall revert to the former form of government.

The above proposed amendment allows Americans to exercise the rights to peacefully abolish their government, to peacefully revert to a former government, and to peacefully replace their current government with some other form. It takes its authority from the Declaration of Independence. That document asserts these very rights, but without the peaceful adjective, so that men must exercise these rights by bloodshed and force of arms. A more enlightened way of doing this is through the relatively peaceful means of ballot voting. The effect, in either case, is the same, except that in the peaceful latter case, nobody dies or is physically harmed in any way. Should any future generation of Americans feel the need to exercise their rights to abolish, revert or replace, this amendment will allow them to do it without loss of life or limb.

The Declaration of Independence

IN CONGRESS, July 4, 1776.

The unanimous Declaration of the thirteen united States of America,

When in the Course of human events, it becomes necessary for one people to dissolve the political bands which have connected them with another, and to assume among the powers of the earth, the separate and equal station to which the Laws of Nature and of Nature’s God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation.

We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.–That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, –That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness. Prudence, indeed, will dictate that Governments long established should not be changed for light and transient causes; and accordingly all experience hath shewn, that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security.–Such has been the patient sufferance of these Colonies; and such is now the necessity which constrains them to alter their former Systems of Government. The history of the present King of Great Britain is a history of repeated injuries and usurpations, all having in direct object the establishment of an absolute Tyranny over these States. To prove this, let Facts be submitted to a candid world.

He has refused his Assent to Laws, the most wholesome and necessary for the public good.
He has forbidden his Governors to pass Laws of immediate and pressing importance, unless suspended in their operation till his Assent should be obtained; and when so suspended, he has utterly neglected to attend to them.
He has refused to pass other Laws for the accommodation of large districts of people, unless those people would relinquish the right of Representation in the Legislature, a right inestimable to them and formidable to tyrants only.
He has called together legislative bodies at places unusual, uncomfortable, and distant from the depository of their public Records, for the sole purpose of fatiguing them into compliance with his measures.
He has dissolved Representative Houses repeatedly, for opposing with manly firmness his invasions on the rights of the people.
He has refused for a long time, after such dissolutions, to cause others to be elected; whereby the Legislative powers, incapable of Annihilation, have returned to the People at large for their exercise; the State remaining in the mean time exposed to all the dangers of invasion from without, and convulsions within.
He has endeavoured to prevent the population of these States; for that purpose obstructing the Laws for Naturalization of Foreigners; refusing to pass others to encourage their migrations hither, and raising the conditions of new Appropriations of Lands.
He has obstructed the Administration of Justice, by refusing his Assent to Laws for establishing Judiciary powers.
He has made Judges dependent on his Will alone, for the tenure of their offices, and the amount and payment of their salaries.
He has erected a multitude of New Offices, and sent hither swarms of Officers to harrass our people, and eat out their substance.
He has kept among us, in times of peace, Standing Armies without the Consent of our legislatures.
He has affected to render the Military independent of and superior to the Civil power.
He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation:
For Quartering large bodies of armed troops among us:
For protecting them, by a mock Trial, from punishment for any Murders which they should commit on the Inhabitants of these States:
For cutting off our Trade with all parts of the world:
For imposing Taxes on us without our Consent:
For depriving us in many cases, of the benefits of Trial by Jury:
For transporting us beyond Seas to be tried for pretended offences
For abolishing the free System of English Laws in a neighbouring Province, establishing therein an Arbitrary government, and enlarging its Boundaries so as to render it at once an example and fit instrument for introducing the same absolute rule into these Colonies:
For taking away our Charters, abolishing our most valuable Laws, and altering fundamentally the Forms of our Governments:
For suspending our own Legislatures, and declaring themselves invested with power to legislate for us in all cases whatsoever.
He has abdicated Government here, by declaring us out of his Protection and waging War against us.
He has plundered our seas, ravaged our Coasts, burnt our towns, and destroyed the lives of our people.
He is at this time transporting large Armies of foreign Mercenaries to compleat the works of death, desolation and tyranny, already begun with circumstances of Cruelty & perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation.
He has constrained our fellow Citizens taken Captive on the high Seas to bear Arms against their Country, to become the executioners of their friends and Brethren, or to fall themselves by their Hands.
He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless Indian Savages, whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions.

In every stage of these Oppressions We have Petitioned for Redress in the most humble terms: Our repeated Petitions have been answered only by repeated injury. A Prince whose character is thus marked by every act which may define a Tyrant, is unfit to be the ruler of a free people.

Nor have We been wanting in attentions to our Brittish brethren. We have warned them from time to time of attempts by their legislature to extend an unwarrantable jurisdiction over us. We have reminded them of the circumstances of our emigration and settlement here. We have appealed to their native justice and magnanimity, and we have conjured them by the ties of our common kindred to disavow these usurpations, which, would inevitably interrupt our connections and correspondence. They too have been deaf to the voice of justice and of consanguinity. We must, therefore, acquiesce in the necessity, which denounces our Separation, and hold them, as we hold the rest of mankind, Enemies in War, in Peace Friends.

We, therefore, the Representatives of the united States of America, in General Congress, Assembled, appealing to the Supreme Judge of the world for the rectitude of our intentions, do, in the Name, and by Authority of the good People of these Colonies, solemnly publish and declare, That these United Colonies are, and of Right ought to be Free and Independent States; that they are Absolved from all Allegiance to the British Crown, and that all political connection between them and the State of Great Britain, is and ought to be totally dissolved; and that as Free and Independent States, they have full Power to levy War, conclude Peace, contract Alliances, establish Commerce, and to do all other Acts and Things which Independent States may of right do. And for the support of this Declaration, with a firm reliance on the protection of divine Providence, we mutually pledge to each other our Lives, our Fortunes and our sacred Honor.

Background on this post

My recent comment about the Josephite restorer bringing back the Articles of Confederation had me wondering about how this might be accomplished. One idea I had was that he could possibly introduce a Constitutional amendment, that would actually pass, which would allow a peaceful transition from the present Constitution to a new, revised (perfected) set of Articles of Confederation, authored by himself. As I wondered about this, I decided to try my hand at both re-writing the Articles of Confederation, so as to perfect them, and also at writing an amendment that would allow the smooth transition. This post contains my “proposed amendment.” The notes I took for The New Articles of Confederation (NAC) might be put up later, once I consolidate them into a single cohesive document. Feel free, anyone, to take this amendment, modify it as you please, and run with it. Who knows? Maybe the Josephite isn’t needed, after all, to accomplish this part of the task.

Note: I wrote another article on this very topic some years ago. See A basic right denied.

Complete List of Articles authored by LDS Anarchist

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10 Comments

  1. Nobody has any right to vote for or against another person. You can vote for yourself to be a subject or to be ruled by other people but you have no right to vote for another person to be subjected.
    That is the whole problem with government by force. It assumes rights which don’t morally exist. It assumes it is moral to vote for other people and to then force them to do things your way.
    In the pre-existence we had only one vote and that vote only applied to us. You couldn’t vote for how another person had to choose or how they had to act. You could only vote for you.
    We are told there were three groups(D&C 29:36, Rev 12:4) in that process. One part followed God and one part followed Lucifer and the third part? We don’t know what they chose. Probably chose neither and to remain in the state they were in. But nobody voted for any other spirit. Nobody voted to force another to be in one of those parts.
    I have no right to force you to do anything and you have no right to force me to do anything. And you have no right to hire(vote for) anybody to force me to do anything.
    Voting for anybody but yourself is immoral. Any system based on that is an evil system and is in opposition to the plan God has for each of us.

  2. I’ve been working on the completion of the New Articles of Confederation and it is turning out to be quite an eye-opening and interesting exercise. For example, yesterday, as I was again adding to my notes, I realized that should this document become the new reality, conditions would change to such a degree that polygamy could be re-instated in any State, the same-sex marriage perversion could be banned in any State, and the parable prophecy in the D&C concerning the redemption of Zion could literally (and not just figuratively), be fulfilled. That last realization caused me pause and I wasn’t sure what I was writing anymore…

  3. Lol. Here I am working on the NAC, and more specifically on the list of (so far) 22 rights and privileges it gives in its second article, and so here I am working on the one that pertains to the Fourth Amendment, and what do I read on the Internet? An article by Andrew P. Napolitano entitled, “Restore the Fourth,” on May 7th of this year. Here is the opening paragraph:

    If you plan to visit a college campus this month, don’t be surprised if you see signs and placards encouraging you to “Restore the Fourth.” Restore the Fourth is not about an athletic event or a holiday; it is about human freedom. The reference to “the Fourth” is to the Fourth Amendment, and it is badly in need of restoration.

    I find it funny because this NAC, which is just an exercise I’m doing to see if I can “perfect” the Articles of Confederation, is done with a view to just such a restoration being performed by the Josephite. Hopefully my “Fourth Amendment” right in the NAC is a bit more solid than the one listed in the Constitution. Hopefully there is no wiggle room around it. In other words, hopefully no one is gonna be able to interpret my language in a way that allows a government to trample on anyone’s rights and privileges. At least, that is what I’m trying to do. When I release this thing, the lawyers will determine, I guess, whether my language is sufficient. But to me, it seems quite solid.

    I’m tempted to give the readers a taste and put up what I wrote for this right, but I don’t think that I ought to release any part of this in its draft form, nor as snippets. I think it would be better to just finish the whole thing and then throw it up in its entirety. (And I know that the NAC I’m writing doesn’t really matter, one way or another, for it will never pass, unless the amendment I also wrote gets put into the Constitution, and none of that can happen, unless the Josephite uses his faith and influence to make it happen, so this is all just an exercise that I know will accomplish absolutely nothing. But, the thought of my NAC at least being used by that guy as the basis or template for his NAC, or even as the very document, has me striving to get this thing right, or as right as I can. So, back to the drawing board I go…)

  4. This is a heads up on my progress on the NAC. The NAC has 13 articles and I’ve finished articles 1, 2, 3 and 6. Also, I’ve already begun working on articles 4, 5, 7, and 9, and am making quite a bit of headway on these. The final articles (8, 10, 11, 12, 13) have some notes written for them, but most of the principles for these articles are still in my head, and thus in an unwritten form. I am exceedingly curious how the NAC, once it is done, will compare to the Magna Charta, the signing of which celebrates its 800th anniversary today, and the original Articles of Confederation, and also the United States Constitution.

    (Btw, just as a notice of historicity, I began formulating my plan for the NAC on May 19th, in my head alone, and then jotted down my first notes on it on May 20th, and have, from time to time, added to these notes, since then. I say this just in case the NAC turns out to have some impact on society, which, I’m beginning to suspect, may very well be the case.)

    Also, I want to say that I originally began this as just an experiment, but then was surprised to see, as I noted above in a previous comment, that adoption of the NAC would set up the conditions for the fulfillment of a Mormon prophecy. But the other day, yet another surprise happened as I was finishing one of the articles, and I found myself writing something completely unintended, which I had never planned or even contemplated for the NAC, and as the words were written, I found myself saying out loud, “What in the world is this?” Needless to say, I found the section quite interesting and left it in. But I mention this so that people understand that some of the stuff that this document contains and will contain wasn’t in my original notes, nor in my head, but my hand wrote down the words anyway. In other words, this NAC is taking on a life of its own, and I am curious to see what other new principles, if any, will be put into the remaining articles…

  5. Another heads up on my progress on the NAC. I’ve finally typed out all of my notes into the draft document. Also, articles 4 and 12 are, I think, done. So, 1, 2, 3, 4, 6 and 12 are done. Articles 5 and 9 are 75% done. Articles 7, 10, 11 and 13 have been started. I haven’t started on article 8, yet.

  6. Yet another heads up. 1, 2, 3, 4, 5, 6, 7 and 12 are done. I have now begun to work on article 8. Articles 9, 10, 11 and 13 are almost entirely done, but I need to fine tune them a bit. Basically, I just need to go through this mountain of notes and make sure that I put everything in them into the document, and then tighten everything up, and make sure that there are no typos. Then I’ll re-read through the whole thing a bunch of times, and, if I don’t see any loop-holes, hit the publish button. I expect to have this published in the next few days. (Hopefully!)

  7. 1, 2, 3, 4, 5, 6, 7, 9, 10, 12 and 13 are done. I’m now working on 8 and 11. (I may end up tweaking 7 and 9 a little bit, too.) Almost done with this big baby. I wish I had a committee like the original Continental Congress, to review it and make certain there are no contradictions or vague parts. Making one huge law alone is tricky, as I have to make sure every part works with every other part and have to make sure my grammar is spot on. I definitely ain’t no expert on grammar, so…

  8. Article eight is done. Article nine is officially tweaked. This will probably be done by tomorrow. Unless I think of more stuff to put into it…

  9. I’m done. I just need to proof-read it a bunch of times…

  10. Well, I just proof-read it once. It is too long to do it more than that. Besides, I think I caught all the errors and fixed them. So, it is now officially published. I guess we’ll see if anything I’ve written gets used by the Josephite. I think I’ll take a much needed rest. Making laws is challenging.


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