Teabaggers and Constitutional rights

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.

...In 1777, the Articles of Confederation established a weak confederal government that operated until 1789.

After the British defeat by American forces assisted by the French, Great Britain recognized the independence of the United States and the states' sovereignty over American territory west to the Mississippi River. A constitutional convention was organized in 1787 by those wishing to establish a strong national government, with powers of taxation. The United States Constitution was ratified in 1788, and the new republic's first Senate, House of Representatives, and president—George Washington—took office in 1789. The Bill of Rights, forbidding federal restriction of personal freedoms and guaranteeing a range of legal protections, was adopted in 1791.

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That's a stupid question.

Of course people have the right to overthrow a government. What's stupid is expecting it to be found in its foundational document.

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The Amendment Process

There are essentially two ways spelled out in the Constitution for how to propose an amendment. One has never been used.

The first method is for a bill to pass both houses of the legislature, by a two-thirds majority in each. Once the bill has passed both houses, it goes on to the states. This is the route taken by all current amendments. Because of some long outstanding amendments, such as the 27th, Congress will normally put a time limit (typically seven years) for the bill to be approved as an amendment (for example, see the 21st and 22nd).

The second method prescribed is for a Constitutional Convention to be called by two-thirds of the legislatures of the States, and for that Convention to propose one or more amendments. These amendments are then sent to the states to be approved by three-fourths of the legislatures or conventions. This route has never been taken, and there is discussion in political science circles about just how such a convention would be convened, and what kind of changes it would bring about.

Regardless of which of the two proposal routes is taken, the amendment must be ratified, or approved, by three-fourths of states. There are two ways to do this, too. The text of the amendment may specify whether the bill must be passed by the state legislatures or by a state convention. See the Ratification Convention Page for a discussion of the make up of a convention. Amendments are sent to the legislatures of the states by default. Only one amendment, the 21st, specified a convention. In any case, passage by the legislature or convention is by simple majority.

The Constitution, then, spells out four paths for an amendment:

* Proposal by convention of states, ratification by state conventions (never used)
* Proposal by convention of states, ratification by state legislatures (never used)
* Proposal by Congress, ratification by state conventions (used once)
* Proposal by Congress, ratification by state legislatures (used all other times)

The right to overthrow a tyrannical government (say we had a Beck type take over and start throwing liberals in jail and executing them) is something most Americans believe they have - when the government goes 'extra Constitutional' so do the rights of the citizens. You're trying to frame this only WRT Teabaggers, I can't do that.

Reichstag fire and the March elections

Having become Chancellor, Hitler foiled all attempts by his opponents to gain a majority in parliament. Because no single party could gain a majority, Hitler persuaded President Hindenburg to dissolve the Reichstag again. Elections were scheduled for early March, but on 27 February 1933, the Reichstag building was set on fire.<72> Since a Dutch independent communist was found in the building, the fire was blamed on a communist plot. The government reacted with the Reichstag Fire Decree of 28 February which suspended basic rights, including habeas corpus. Under the provisions of this decree, the German Communist Party (KPD) and other groups were suppressed, and Communist functionaries and deputies were arrested, forced to flee, or murdered.

Campaigning continued, with the Nazis making use of paramilitary violence, anti-communist hysteria, and the government's resources for propaganda. On election day, 6 March, the NSDAP increased its result to 43.9% of the vote, remaining the largest party, but its victory was marred by its failure to secure an absolute majority, necessitating maintaining a coalition with the DNVP.<73>

"Day of Potsdam" and the Enabling Act

On 21 March, the new Reichstag was constituted with an opening ceremony held at Potsdam's garrison church. This "Day of Potsdam" was staged to demonstrate reconciliation and unity between the revolutionary Nazi movement and "Old Prussia" with its elites and virtues. Hitler appeared in a tail coat and humbly greeted the aged President Hindenburg.

Because of the Nazis' failure to obtain a majority on their own, Hitler's government confronted the newly elected Reichstag with the Enabling Act that would have vested the cabinet with legislative powers for a period of four years. Though such a bill was not unprecedented, this act was different since it allowed for deviations from the constitution. Since the bill required a ⅔ majority in order to pass, the government needed the support of other parties. The position of the Centre Party, the third largest party in the Reichstag, turned out to be decisive: under the leadership of Ludwig Kaas, the party decided to vote for the Enabling Act. It did so in return for the government's oral guarantees regarding the Church's liberty, the concordats signed by German states and the continued existence of the Centre Party.

On 23 March, the Reichstag assembled in a replacement building under extremely turbulent circumstances. Some SA men served as guards within while large groups outside the building shouted slogans and threats toward the arriving deputies. Kaas announced that the Centre Party would support the bill with "concerns put aside," while Social Democrat Otto Wels denounced the act in his speech. At the end of the day, all parties except the Social Democrats voted in favour of the bill. The Communists, as well as some Social Democrats, were barred from attending. The Enabling Act, combined with the Reichstag Fire Decree, transformed Hitler's government into a legal dictatorship.



http://en.wikipedia.org/wiki/Adolf_Hitler

http://codes.lp.findlaw.com/uscode/8/12/III/III/1481">8 U.S.C. § 1481 : US Code - Section 1481: Loss of nationality by native-born or naturalized citizen; voluntary action; burden of proof; presumptions

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(7) committing any act of treason against, or attempting by
force to overthrow, or bearing arms against, the United States,
violating or conspiring to violate any of the provisions of
section 2383 of title 18, or willfully performing any act in
violation of section 2385 of title 18, or violating section 2384
of title 18 by engaging in a conspiracy to overthrow, put down,
or to destroy by force the Government of the United States, or to
levy war against them, if and when he is convicted thereof by a
court martial or by a court of competent jurisdiction.