The Ghost Dance, After the Massacre at Wounded Knee
Week 1:
The Right to Be Heard (Grievances 1-3)
Constitutional Response: Grievance 1
Grievance 1
“He has refused his Assent to Laws the most wholesome and necessary for the public good."
Context:
King George III blocked colonial laws--even ones passed by elected local assemblies that addressed pressing local needs. He had absolute veto power and he often refused to even consider the laws let alone approve them.
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Constitutional Response:
Article I Section 7 -- Congress makes the laws.
â€Â Laws are created by a bicameral legislature: the House of Representatives (representing the people) and the Senate (representing the states).
â€Â The President can veto a bill--but this veto is not absolute. Congress can override it with a two-thirds majority in both chambers.
â€Â This created a balanced system--no one person could permanently block the “wholesome and necessary--laws of the land.
Where the King silenced legislation the Constitution allowed disagreement--but not paralysis.
Yes--Grievance 1 is directly answered in Article I Section 7 of the U.S. Constitution.
Here’s the text that matters:
Article I Section 7
“Every Bill which shall have passed the House of Representatives and the Senate shall before it become a Law be presented to the President... If he approves he shall sign it but if not he shall return it... If after such Reconsideration two thirds of that House shall agree to pass the Bill... it shall become a Law.--
This section:
â€Â Establishes how laws are made.
â€Â Gives the President a veto but allows Congress to override that veto.
â€Â Creates a system of checks and balances ensuring that no one branch can permanently block necessary legislation.
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How it contrasts with the King's behavior:
â€Â The King: Had absolute power to refuse laws--no appeal no override.
â€Â The Constitution: Requires collaboration not obedience. If one branch refuses the others can still act.
Grievance 1 -- Refused Assent to Laws
Answered in 1787 Constitution (Article I Section 7)
No amendment needed but practice and court rulings continue to shape how far presidential veto power goes.
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Clarifying the Two-Thirds Confusion (My Own Confusion)
For readers who’ve heard it tossed around like confetti.
When we say “two-thirds of Congress" is needed for a bill--that’s only if the President vetoes it.
The normal process is simpler:
A bill becomes law with a simple majority in both the House and the Senate.
Then the President signs it. That’s it. Done.
The two-thirds rule only kicks in if the President says no and Congress decides to override him. That’s rare and very hard to do--it requires unity that American politics hardly ever offers.
So no--two-thirds isn’t the standard.
It’s not what Trump used. It’s not what Obama used. It’s not even what Jefferson imagined.
It’s the emergency exit not the front door.
If a President gets their bill through Congress the first time it just needs regular votes. The two-thirds? That’s smoke from a fire that never caught.
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So to reiterate:
How a Bill Becomes Law: Article I Section 7 Simplified
A bill must pass both the House and the Senate by a simple majority (50% + 1).
It then goes to the President who can either:
Sign it --It becomes law.
Veto it -- It goes back to Congress.
If vetoed Congress can override the veto with a two-thirds majority in both chambers.
So-- a two-thirds majority is only required if the president vetoes the bill.
https://www.law.cornell.edu/constitution/articlei#section7
GRIEVANCE 2
“He has forbidden his Governors to pass Laws of immediate and pressing importance..."
Imagine a fire spreading and the person holding the hose says "Let's wait for further instructions."
That was the King’s approach--he blocked colonial leaders from responding quickly to crises. Local autonomy was crushed under distant approval.
In every system where urgency meets delay we find this grievance again. Whether it's environmental policy housing health or civil rights--he question is:
ðŸ•Âï Who’s holding up the response and why?
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What it Meant:
The King required colonial governors to get his personal approval before allowing urgent local laws to take effect. But then he’d ignore the request or delay for months or years. This choked local governance and made colonies helpless in emergencies.
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ðŸÂ›ï Constitutional Response:
Article I Section 10 -- Limits on State power--but with their own legislatures
Tenth Amendment -- Reserves powers not delegated to the federal government to the states or the people.
While the federal Constitution did restrict states from certain powers (like making treaties) it gave states the ability to govern themselves through their own constitutions and legislatures without needing federal “assent" for every decision.
There’s no monarch or federal official with veto power over state legislation unless a state law violates the Constitution in which case it may be challenged in federal courts.
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States were freed from external interference. Their laws no longer had to be suspended and sent off to a monarch overseas. The people could legislate through their own assemblies--and no king could "neglect to attend" to their business.
The new system respected urgency--and trusted the people to govern their local needs.
Article I Section 10 -- Limits what states cannot do but confirms their legislative role
https://www.law.cornell.edu/constitution/articlei#section10
Tenth Amendment --Reinforces that powers not given to the federal government are reserved to the states
https://www.archives.gov/founding-docs/bill-of-rights-t
Grievance 2 Recap:
“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."
This grievance was addressed through the Constitution’s structure of federalism--giving states their own legislative power and protecting local autonomy.
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Article I, Section 10 – Limits what states cannot do, but confirms their legislative role
Tenth Amendment – Reinforces that powers not given to the federal government are reserved to the states
Week 3:
Guarding the Balance of Power
In this week’s grievances the colonists turn their attention to power that stands above them-judges who answered only to the King armies posted without consent and the creeping fear that the law might become a sword rather than a shield.
Grievance 7
“He has obstructed the Administration of Justice by refusing his Assent to Laws for establishing Judiciary powers."
What it Meant:
The King refused to approve laws that would create fair and functioning local courts. Justice was slow inconsistent or completely absent-especially in the frontier colonies.
Without courts there is no remedy. A society without justice is a society made to plead not reason.
Constitutional Response:
Article III Section 1 -The judicial power of the United States shall be vested in one Supreme Court and in such inferior courts as the Congress may from time to time ordain and establish.
Judiciary Act of 1789 - Congress created a full federal court system: district courts circuit courts and the Supreme Court.
https://www.law.cornell.edu/constitution/articleiii
Verdict: Grievance answered.
Justice is now structured accessible and legally protected=not left to royal permission.
Grievance 8
“He has made Judges dependent on his Will alone for the tenure of their offices and the amount and payment of their salaries."
What it Meant:
Colonial judges were beholden to the King-he could fire them at will or withhold their pay. This stripped the courts of any real independence.
A judge who fears the crown cannot defend the people.
Constitutional Response:
Article III Section 1 (again) - Judges “shall hold their Offices during good Behaviour-and their salaries “shall not be diminished-during their time in office.
Read Article III - Cornell Law
https://www.law.cornell.edu/constitution/articleiii
Verdict: Grievance thoroughly answered.
Judicial independence is now baked into the system-a protection against executive intimidation.
Grievance 9
“He has kept among us in times of peace Standing Armies without the Consent of our legislatures."
What it Meant:
Britain stationed troops in the colonies-even when there was no war-without approval from colonial governments. It felt like occupation not defense.
An army in peacetime imposed from above was seen not as protection-but as pressure.
Constitutional Response:
Article I Section 8 Clause 12 - Congress has the power to raise and support armies but no appropriation of money for that use shall be for more than two years.
Article II Section 2 -The President is Commander-in-Chief but only Congress funds the military.
Read Article I Section 8 - Cornell Law
https://www.law.cornell.edu/constitution/articlei#section8
Read Article II Section 2 - Cornell Law
https://www.law.cornell.edu/constitution/articleii#section2
Verdict: Grievance constrained not abolished.
The U.S. still maintains a standing army but it is under civilian control and funded only by congressional approval.
Week 4:
When Law Yields to Force
In this week’s grievances the colonists cry out against power that no longer wears a wig-but a uniform. The King in their eyes has replaced local laws with military muscle and foreign interference. These complaints speak to the moment when a citizen becomes a subject again.
Grievance 10
“He has affected to render the Military independent of and superior to the Civil power."
What it Meant:
British commanders operated above colonial authority acting without local oversight. Military decisions trumped civil law especially during protests or unrest.
The colonists saw their governors eclipsed by generals. Soldiers became judges. Order became domination.
Constitutional Response:
Article II Section 2 - The President is Commander-in-Chief but a civilian elected and answerable to the people.
https://www.law.cornell.edu/constitution/articleii#section2
Article I Section 8 - Congress alone can declare war raise armies and fund the military.
https://www.law.cornell.edu/constitution/articlei#section8
Verdict: Grievance answered with strong guardrails.
Civilian control of the military is a founding principle of U.S. governance-a direct answer to colonial fears.
Grievance 11
“He has combined with others to subject us to a jurisdiction foreign to our constitution and unacknowledged by our laws..."
What it Meant:
The King imposed British parliamentary authority over the colonies-despite their lack of representation in Parliament. Laws came from a foreign source bypassing local consent.
The colonists asked for a seat at the table. Instead the table was moved to London.
Constitutional Response:
Article I Section 1 - All legislative powers herein granted shall be vested in a Congress of the United States...
Tenth Amendment - Powers not given to the federal government are reserved for the states and the people.
Article I - Cornell Law
Tenth Amendment - National Archives
Verdict: Grievance answered and internalized.
The Constitution centers lawmaking within the country-no external authority rules the U.S.
Grievance 12
“For quartering large bodies of armed troops among us."
What it Meant:
Colonists were forced to house and feed British soldiers in their homes-especially during peacetime. This felt not just invasive but humiliating.
When your enemy sleeps in your kitchen it’s hard to feel like a citizen at all.
Constitutional Response:
Third Amendment (1791) - No soldier shall in time of peace be quartered in any house without the consent of the Owner...
Third Amendment - Cornell Law
https://www.law.cornell.edu/constitution/third_amendment
Verdict: Grievance precisely and memorably answered.
So potent was this injustice that it earned its own amendment. Rarely litigated today but deeply symbolic of the founders' desire to protect the sanctity of the home.
Week 6:
The Law Displaced and Distorted
This week’s grievances show the colonists no longer pleading for fairer treatment but declaring that the system itself has turned alien. They are being judged abroad governed by contrivance and stripped of their own legislative voice. The message is clear: you don’t belong here anymore.
Grievance 16
“For transporting us beyond Seas to be tried for pretended offences."
What it Meant:
British subjects in the colonies were forcibly taken across the Atlantic to stand trial in Britain-often for political dissent or violating murky trade laws. These were not trials by peers but distant performances of obedience.
To be tried abroad is to be judged as a stranger. The sea is wide-but so is the gap between justice and performance.
Constitutional Response:
Sixth Amendment - Guarantees a criminal trial in the district where the crime occurred
Article III Section 2 - Confirms that “trial shall be held in the state where the said crimes shall have been committed."
Sixth Amendment - Cornell Law
https://www.law.cornell.edu/constitution/sixth_amendment
Article III Section 2 - Cornell Law
https://www.law.cornell.edu/constitution/articleiii#section2
Verdict: Grievance firmly answered.
Trials must now happen in place with local juries-not in the shadows of empire.
Grievance 17
“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."
What it Meant:
This references the Quebec Act of 1774 which replaced English common law with French civil law in Canada and expanded Quebec’s territory into the Ohio Valley. Colonists feared it was a test run for arbitrary royal rule elsewhere.
They watched their neighbour’s laws erased and feared they’d be next. What happens next door soon knocks on your door.
Constitutional Response:
Article IV Section 4 - Guarantees every state a Republican Form of Government not arbitrary or monarchic rule.
https://www.law.cornell.edu/constitution/articleiv#section4
Article I Section 1 - Lawmaking authority resides in a representative Congress.
Tenth Amendment - Limits federal overreach into local law systems.
Article IV Section 4 - Cornell Law
Tenth Amendment --National Archives
https://www.archives.gov/founding-docs/bill-of-rights-transcript
Verdict: Grievance answered by design.
The Constitution prohibits arbitrary forms of government anchoring each state in local law and representation.
Grievance 18
“For taking away our Charters abolishing our most valuable Laws and altering fundamentally the Forms of our Governments."
What it Meant:
The British Crown revoked colonial charters-which had functioned as mini-constitutions-and replaced local law with royal decrees. Self-government was erased in favour of centralised control.
You can’t change the game after the rules are agreed-unless you never believed in rules at all.
Constitutional Response:
Article I Section 4 -States control elections and governance unless overruled by national necessity.
Tenth Amendment -Powers not delegated to the federal government are reserved to the states and the people.
Article I Section 4 -Cornell Law
https://www.law.cornell.edu/constitution/articlei#section4
Tenth Amendment - National Archives
https://www.archives.gov/founding-docs/bill-of-rights-transcript
Verdict: Grievance constitutionally blocked.
The U.S. system preserves state integrity and self-rule. No power-not even the federal government-can casually erase a government’s form.
Week 8:
The Empire Turns Hostile
This week’s grievances describe the shift from political subjugation to armed repression. The King no longer just denies justice-he now uses subjects as weapons incites conflict and forces the colonists to fight against their own. It’s betrayal in uniform.
Grievance 22
“He is at this time transporting large Armies of foreign Mercenaries to compleat the works of death desolation and tyranny..."
What it Meant:
Refers to Hessian mercenaries German soldiers hired by King George III to suppress the rebellion. To the colonists this was a deep insult: their own king outsourced the killing.
Foreign troops meant the King no longer even pretended to govern-only to crush.
Constitutional Response:
Article I Section 8 - Only Congress may raise armies and declare war-no foreign army can be imposed on U.S. soil.
Article II Section 2 - The President may command U.S. forces but must answer to civilian authority.
Third Amendment - No soldier may be quartered in a private home without consent.
Article I Section 8 - Cornell Law
https://www.law.cornell.edu/constitution/articlei#section8
Article II Section 2 - Cornell Law
https://www.law.cornell.edu/constitution/articleii#section2
Verdict: Grievance rejected by constitutional design.
The Constitution rejects foreign control of military power and enshrines the citizen’s protection above executive force.
Grievance 23
“He has constrained our fellow Citizens taken Captive on the high Seas to bear Arms against their Country..."
What it Meant:
British forces captured American sailors and forced them to fight against their own colonies-a brutal practice known as impressment.
What could be crueler than forcing a man to raise his musket against his neighbour? Against his own shoreline?
Constitutional Response:
Thirteenth Amendment (1865) - Abolishes involuntary servitude and forced labour except as punishment for a crime.
Bill of Rights - Establishes protections of liberty and due process.
Thirteenth Amendment - Cornell Law
https://www.law.cornell.edu/constitution/amendmentxiii
Verdict: Grievance later addressed by amendment.
The Constitution didn't initially prevent forced service but the 13th Amendment ended such practices echoing this colonial grievance across time.
Grievance 24
“He has excited domestic insurrections amongst us and has endeavoured to bring on the inhabitants of our frontiers the merciless Indian Savages..."
What it Meant:
The King was accused of inciting rebellion within the colonies (especially enslaved populations) and fomenting violence on the frontier by allying with Native tribes.
This grievance is deeply rooted in 18th-century racial fear and colonial panic and the language reveals the prejudices of the time.
To the colonists it felt like their enemies were being encouraged by their own sovereign. But we must read this line today with awareness-both of its grievance and its grim bias.
Constitutional Response:
Article I Section 8 Clause 15-16 - Allows Congress to suppress insurrections but only under legal control.
First Amendment & Civil Rights Amendments - Protect the rights of all people-later amendments reject the racial assumptions of this grievance.
Article I Section 8 - Cornell Law
https://www.law.cornell.edu/constitution/articlei#section8
Verdict: Grievance reframed by time.
The original concern-state-sanctioned internal violence-was valid. But the racial and cultural framing of this grievance was corrected only through centuries of civil rights struggle.
Closing Post:
From Petition to Promise
The final three grievances. The end of the list. But not the end of the story.
When the colonists penned the Declaration of Independence they didn’t reach straight for lofty ideals-they documented their pain. Twenty-seven distinct wounds. Twenty-seven proofs that their king had abandoned justice scorched their towns and turned his back on his own citizens.
It’s astonishing really that they didn’t simply declare war.
They wrote instead. They reasoned. They begged to be heard.
And when they were not they built something better.
Over the past nine weeks we’ve walked through each of these grievances-not just to honour their memory but to examine how a government can evolve in response to its people’s pain. The U.S. Constitution written just over a decade later was both an answer and a beginning. Some grievances it addressed immediately. Others required amendments debate civil war and still-ongoing reckonings.
The Constitution unlike a crown can change.
And that is the legacy the Founders left us: not perfection but a structure capable of correction.
So as we post these final three grievances today let’s not only remember the past. Let’s honour the courage it takes-not to run from failure-but to redesign the blueprint.