FREEDOM OF ASSEMBLY

 

[Part of Constituting America's "Ninety for Ninety" Series on America's Founding Principles.

Principle of Freedom of Assembly - Constituting America]

“New England town meetings have proved themselves the wisest invention ever devised by the wit of man for the perfect exercise of self-government and for its preservation."

Thomas Jefferson, 1816

“Local assemblies of citizens constitute the strength of free nations. Town-meetings are to liberty what primary schools are to science; they bring it within the people’s reach, they teach men how to use and how to enjoy it. A nation may establish a system of free government, but without the spirit of municipal institutions it cannot have the spirit of liberty.”

Alexis de Tocqueville, 1835

The concept of people openly gathering to discuss matters of public interest was developed among the ancient Greek city states in the 6^th Century B.C.  It became known as “Athenian Democracy” under the leadership of Pericles (461-429 B.C.) during Athens’ “Golden Age”.  Participation was open to all adult free male citizens.

In actions that would be repeated throughout history, Athenian public meetings were suppressed to centralize government power.  This occurred in 322 B.C. by the rulers of the Macedonian Empire, first Philip II and then his son, Alexander “the Great”.

Freedom of assembly vanished during the Roman Empire and the feudal states.  People could still petition the chief, warlord, or king for grievances, but local democracy was lost.

Iceland rekindled community-based democracy in 930 A.D. 

The Althing (Norse for “assembly field”) was an open area (near present day Reykjavik) reserved for the annual gathering to discuss and decide issues facing the community.  The presiding official, Lögsögumaður (Norse for “Law Speaker”), stood on a central rock outcropping known as the Lögberg (Norse for “Law Rock”).  He established the procedures for the Althing and declared decisions after open discussion and voting.  All free men had the right to attend and participate.

The Althing lost its authority when Iceland was annexed by Norway in 1262.

In 1231, the freedom of assembly, and early federalism, arose among the various independent regions (Cantons) in Switzerland. The Landsgemeinde (German for "cantonal assembly) was established as a system of direct democracy, open voting, and majority rule among the communitas hominum (Latin for “the community of men”).  This terminology was to emphasize that it was an assembly of all citizens, not just the elite. 

Citizens of the Swiss Cantons fiercely defended their assemblies.  In 1499, they defeated the forces of Emperor Maxmillian I, the Holy Roman Emperor, at the battle of Dornach.  They retain their system to this day.

The practice of holding town meetings in Colonial America evolved from 17^th Century English “vestry” meetings.  These meetings allowed parishioners to discuss and decide issues relating to their local parish.  These became integral to New England communities in the mid to late 1600s.  Their agendas ranged beyond church governance to community matters. 

In 1691, the Colonial Parliament (General Court) of the Commonwealth of Massachusetts passed a Charter that declared that final authority on bylaws rested with town meetings. In 1694, the Massachusetts General Court granted town meetings the authority to appoint assessors. In 1715 it granted town meetings the right to elect their own presiding officers (moderators) instead of relying on outside appointees 

Colonial meeting houses remain places of reverence in small towns throughout New England.

It is not surprising that eradicating town meetings, and restricting the right to free assembly, were key elements in Britan’s suppression of America’s Independence movement in the early 1770s.

Lord North, the British Prime Minister (1770-1790), instituted harsh measures to suppress dissent and disrupt the culture of self-government, which he viewed as the root cause of the chaos.  On May 2, 1774, North declared Massachusetts was "in a distempered state of disturbance and opposition to the laws of the mother country."

On May 20, 1774, the British Parliament passed the Massachusetts Government Act, which nullified the Massachusetts Charter of 1691. It abolished local town meetings because, “a great abuse has been made of the power of calling them, and the inhabitants have, contrary to the design of their institution, been used to treat upon matters of the most general concerns, and to pass dangerous and unwarrantable resolves.”  Ongoing local meetings were replaced by annual meetings only called with the Colonial Governor’s permission, or not at all.

A series of five punitive acts were passed by Parliament intended to restrict public discourse and punish opponents.  It was England’s hope the “Intolerable Acts” would intimidate rebellious Colonists into submission. The “Acts” ignited a firestorm of outrage throughout Colonial America.  More importantly, it generated a unity of purpose and inspired a willingness for collective action among leaders in the previously fragmented American colonies.

In a bold “illegal” act to assert its right to free assembly, the First Continental Congress met in the Carpenters Hall in Philadelphia from September 5-October 26, 1774. Twelve of the thirteen colonies (Georgia opted out) were represented.  They issued the “Declaration of Rights and Grievances”, the first unified protest of Britian’s anti-colonial actions. 

The British Crown’s assault on the right to free assembly was among the top Grievances listed in the Declaration of Independence less than two years later.

ASSAULT ON JULY 4th

Erasing celebrating the 4^th of July and replacing it with Juneteenth is the Left’s Holy Grail.

Denigrating the American Flag, removing our National Anthem, and ending the 4^th of July are the Left’s trinity for destroying America’s civic culture.

Changing calendar references eradicates the old order to establish a new radical one. The Bolsheviks replaced Christian holidays with May Day (May 1) and their October Revolution (November 6).  The French Revolution zealots went so far as to rename the months of the year.

Making an obscure moment in the Civil War our new “more inclusive” national holiday is fundamental to shifting the inspiring narrative of America’s founding in 1776 to the darker, anti-American, narrative of the 1619 movement.

Just before the 4^th of July, Senators Ron Johnson (R-WI) and James Lankford (R-OK) called for establishing Juneteenth as “a national holiday to remember the 1865 emancipation of slaves in the United States”.   They eliminate the Columbus Day holiday, because “as a holiday that is lightly celebrated, and least disruptive to Americans' schedules”.  Senator John Cornyn (R-TX) co-sponsored Juneteenth legislation with Rep. Sheila Jackson Lee (D-TX).

The moment Juneteenth is in and Columbus is out, the Left will move to eliminate the July 4^th holiday as being just two weeks apart and “disruptive” to summer work schedules. 

Nikole Hannah-Jones, the intellectual force behind eliminating the 4^th of July and the 1619 movement, barnstormed cable news to assert, “Independence Day does not mean the same thing to everybody.  We are forcing white people to confront what this holiday has meant to black people”.

On one show, Hannah-Jones’ assault was supported by historian Jon Meacham, who reported that the 4^th was “only about a document not about shaping a nation”, while Juneteenth is a fully inclusive culminating moment in America’s story.  They both recommended that Americans “evolve”, and to end the “divisive” and racist 4^th in favor of the “more inclusive and accurate” Juneteenth:  “For generations we have looked at 1776 as our founding moment, our “nativity”, when it was actually 1619… For too long we have taught this one narrative that glorifies white supremacy, glorifies colonization.”

Attacking July 4^th began on July 1, 2011.  That was when Harvard University released a study revealing that “children who attend July 4 celebrations are more likely to identify themselves as Republicans in life”.  The study observed, “The political right has been more successful in appropriating American patriotism and its symbols during the 20th century. Survey evidence also confirms that Republicans consider themselves more patriotic than Democrats”.

The study continued, “attending one rain-free July 4 celebration before the age of 18 increases the likelihood that children will identify as Republican by two percent, and increases the likelihood that they will vote for a Republican candidate by the time they turn 40 by four percent”.

Overnight, patriotism became partisan. 

During the summer of 2019, the New York Times, armed with the revisionist history of Nikole Hannah-Jones, launched the 1619 history curriculum. 1619’s goal is to completely recast America as the most demonic, racist, destructive nation that has ever existed.  According to the 1619 narrative, America began when a ship with African slaves arrived at Jamestown during the summer of 1619.  Everything since is a steady march of white racism destroying dark skinned people and polluting the world with white supremist and white privilege dogma, as embodied in the Declaration of Independence and U.S. Constitution.

 

Since the 1960s, colleges and universities have indoctrinated students with anti-Americanism.  K-12 is the next battleground. A recent study found that 66 percent of high school students believe America is exceptional, and 70 percent look favorably on America’s history.  Only 47 percent of College students think America is exceptional, and 44 percent are favorable to our nation’s history.

 

The 1619 curriculum is already being used in over 3,000 schools.  Changing history to eliminate July 4^th, and replacing it with Juneteenth, is a critical part of 1619’s anti-Americanism strategy.

Juneteenth is based on the false narrative that slavery in America ended on June 19, 1865.  That was the day a Union General marched into Galveston, Texas and announced the Civil War was over and the slaves being held in the region were free.

It took ratifying the 13^th Amendment on December 6, 1865 to officially free all of America’s slaves.  Border states were not included in the Emancipation (Kentucky still had 40,000).  Over the next year, Federal officials had to personally enforce the Amendment as some slaveholders withheld news of Emancipation so their slaves could be used for additional harvests.

Elevating Juneteenth as the end of slavery and the Civil War is like celebrating the end of World War II based on Japanese soldiers surrendering on isolated Pacific islands in the 1950s.

Making Juneteenth a national holiday must be opposed at all costs.

TECHNOLOGY MATTERS

“CONSTITUTING AMERICA” SERIES ON CONGRESSIONAL HISTORY

There are three ways Congress lives up to its mandate from the Founding Fathers – documenting their actions, recording their votes, and communicating with their constituents. Each method has changed as technology evolved. Each technological advance has expanded the availability of official records, and opened more avenues for communication and accountability.

America’s Founding Fathers understood the importance of communication and accountability between citizens and their elected representatives.

Even before the U.S. Constitution, the Continental Congress approved provisions for communicating with citizens, and assuring citizen accountability through knowledge of the actions of their elected representatives.

Articles of Confederation.

“…and shall publish the Journal of their proceedings monthly, except such parts thereof relating to treaties, alliances or military operations, as in their judgment require secrecy; and the yeas and nays of the delegates of each state on any question shall be entered on the Journal, when it is desired by any delegate; and the delegates of a state, or any of them, at his or their request shall be furnished with a transcript of the said Journal, except such parts as are above excepted, to lay before the legislatures of the several states.”

James Wilson, a member of the Committee on Detail which compiled the provisions of the draft U.S. Constitution, was a follower of the great British parliamentary scholar Sir William Blackstone. He quoted Blackstone’s Oxford 1756 lectures, which underscored the importance of a public record for holding officials accountable, “In the House of Commons, the conduct of every member is subject to the future censure of his constituents, and therefore should be openly submitted to their inspection.”

The U.S. Constitution mandates open communication and documentation.

Article 1, Section 5, Clause 3

Each House shall keep a Journal of its Proceedings, and from time to time publish the same, excepting such Parts as may in their Judgment require Secrecy; and the Yeas and Nays of the Members of either House on any question shall, at the Desire of one fifth of those Present, be entered on the Journal. 

During its ratification, the importance of citizens interacting with their elected representatives was institutionalized in the Bill of Rights.

Amendment 1

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

Alexander Hamilton and James Madison made communication between citizens and their elected representatives fundamental to the integrity of representative Democracy.

Federalist No. 56
February 19, 1788

It is a sound and important principle that the representative ought to be acquainted with the interests and circumstances of his constituents.

Every day the Congress approves the “Journal” of the previous session. This is the official outline of actions taken during the previous meeting of each Chamber, like a set of minutes. It is codified in Section 49 of Thomas Jefferson’s 1812 Parliamentary Manual that governs Congressional operations.

Staff of the House Clerk’s Office, and the Secretary of the Senate physically write, and now type, every word said during Congressional sessions. These are transcribed and printed in the Congressional Record. Printed daily editions of the Congressional Record were distributed to Legislative Offices. A very limited number of copies were also available through those offices to the public.

This changed in January 1995, when the Library of Congress made digital copies of the Congressional Record available on its website. Continuous improvements now allow for user friendly search of the Record and all legislation, by anyone on the web, anytime, anywhere.

The Congressional Record remains the official transcript of proceedings. Since March 19, 1979 in the House and June 2, 1986 in the Senate, the Cable-Satellite Public Affairs Network (C-SPAN), a nonprofit private entity, provides live coverage of each Chamber. The cameras are owned and maintained by the Architect of the Capitol, while their operations and broadcasts are operated by staffs of the Chief Administrative Officer in the House and the Secretary of the Senate. C-SPAN receives the signal and airs it on its various cable television channels.

Live television fundamentally expanded the Congressional audience. Instead of the small public viewing galleries, anyone can now watch what happens instead of reading about it. Archived videos of each session can be accessed 24-7 on C-SPAN’s website.

Starting in 2007, every public hearing in the House is broadcast live, and archived as podcasts on each Committee’s website. The Senate only provides the traditional list of witnesses and publishes opening statements.

For over 184 years Congress used voice voting. The process of calling each Member’s name remains the Senate’s format. The House started using an electronic voting system on January 23, 1973. This reduced voting time from 45 minutes or more to 15 minutes. Clustering votes on noncontroversial bills, under “Suspension of the Rules”, can reduce vote times to five minutes. This saves as much as 400 hours a year in vote and “quorum call” time and provides immediate documentation of how each Member votes.

Everyday, citizens learn about the actions of the Legislative Branch through a free and vibrant news media and through direct communication with their elected representatives. Credentialing and supporting journalists covering Congress began in 1838. Today, the media galleries, operated by the House CAO and Secretary of the Senate, but managed by the media themselves, credentials over 6,000 correspondents from around the world.

Up until 1995, Members responded to their constituents requests and comments using paper, just like public officials had done for centuries. Handwriting gave way to typewrites, which evolved into word processors.

That all changed in 1995. Dramatic operational savings, achieved from strategic reforms in the House, gave Speaker Newt Gingrich the ability to invest in the CyberCongress. Former executives from IBM and other technology companies were recruited by the Chief Administrative Officer. They designed and implemented the most dramatic technology revolution in Congressional history. This giant leap took House communications from the 18^th Century into the 21^st in one giant leap.

The epic leap changed the layout of Capitol Hill and the culture of Congress forever.

• Five miles of fiber optics and thirty miles of T-1 lines, with all servers and switches installed through the Capitol Building and all five House office buildings and annexes.

• A Pentium computer in each Member, committee, and leadership office. This allowed for paperless transactions from "Dear Colleague" letters, to Whip operations, to financial record keeping, purchasing, and work orders.
• Uniform service contracts, equipment, training, and support to immediately make the entire system immediately operational.
• Moving all operational documents and databases onto a compatible digital database.
• A distributed architecture of secure servers, with sufficient firewalls to allow for Internet access, LAN, and intranet operations even to district offices, without fear of hacking or other security breaches.
• A unified email system.
• Enough server power and memory to support a 310 percent increase in electronic-based communications in the House in the first year, and doubling each year for ten years.
• A decision support center allowing for virtual caucuses, virtual committee meetings, and strategic planning meetings accessing distant users.
• Placing all Member support services online. This included all financial data, human resource data, and personal property inventory data being available electronically. It also
  allowed for desktop procurement and other forms of electronic commerce.

The CyberCongress took only ten months to be fully operational and came in under budget.

Today, Members and their staffs handle all constituent communication and case work over the web. Members have also become very savvy regarding social media. Facebook, Twitter, Instagram, and countless Apps, generate virtual and real engagement on a vast scale. Survey Monkey, Periscope, and other videos Apps, have reinvented the concept of town meetings.

Early on, some Members were terrified of Congress embracing the Information Age. “I don’t want to be talking to my constituents all the time, I want to get real work done” groused one senior Member.

Thankfully, even the doubters have now realized that representative democracy must move with the times.

[Scot Faulkner advises corporations and governments on how to save billions of dollars by achieving dramatic and sustainable cost reductions while improving operational and service excellence. He served as the Chief Administrative Officer of the U.S. House of Representatives. He also served on the White House Staff, and as an Executive Branch Appointee.]