In Study Group tonight an interesting question arose based on the grievances in the Declaration of Independence, the first being that [the king] “has refused his assent to laws the most wholesome and necessary for the public good.” In our copies, the printer chose to capitalize “assent” and “laws” which sparked the question, Is “Assent to Laws” a formal term? On the spot, none of us knew the answer and we concluded to search it out. Perhaps the following can help.
ROYAL ASSENT
1. In England, the assent of the sovereign to a bill which has passed both houses of Parliament, after which it becomes law. Syn: Concurrence; acquiescence; approval; accord. Usage: Assent , Consent . Assent is an act of the understanding, consent of the will or feelings. We assent to the views of others when our minds come to the same conclusion with theirs as to what is true, right, or admissible. We consent when there is such a concurrence of our will with their desires and wishes that we decide to comply with their requests. The king of England gives his assent, not his consent, to acts of Parliament, because, in theory at least, he is not governed by personal feelings or choice, but by a deliberate, judgment as to the common good. We also use assent in cases where a proposal is made which involves but little interest or feeling. A lady may assent to a gentleman’s opening the window; but if he offers himself in marriage, he must wait for her consent.
Also of interesting note is Wikipedia.
The granting of Royal Assent is the formal method by which a constitutional monarch completes the legislative process of lawmaking by formally assenting to an Act of Parliament. While the power to withhold Royal Assent was once exercised often, it is exceedingly rare in the modern, democratic political atmosphere that has developed since the 18th century. The power to withhold Assent remains as one of the reserve powers of the monarch. The British practice of withholding royal assent was adapted by the United States as the Presidential veto. The granting of the Royal Assent is sometimes associated with elaborate ceremonies. In the United Kingdom, the Sovereign may appoint Lords Commissioners, who announce that Royal Assent has been granted at a ceremony held at the Palace of Westminster, Buckingham Palace, or another royal residence. However Royal Assent is usually granted less ceremonially by letters patent. In other nations, including Australia and Canada, the Governor-General merely signs the bill. In each case, the Parliament must be apprised of the granting of Assent. Two methods are available: the Lords Commissioners or the Sovereign’s representatives may grant Assent in the presence of both Houses of Parliament; alternatively, each House may be notified separately, usually by the Speaker of that house.
We read through each of the grievances and discussed the possible parallels in today’s political climate. On the heels of this week’s nation wide tea parties, it certainly leaves one to wonder when we as a people will cease to find evils sufferable and begin to right ourselves by abolishing the forms to which we are accustomed. The generally peaceful nature with which the tea parties occurred, leaves me to believe that we wish to resolve our governmental shortcomings in non-violent means. Let’s hope rational heads prevail and we may return to the constitutional rule we once enjoyed.
Here is the previous list of grievances. How many apply today?
- 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 harass 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 benefit 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.
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