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Like the natural law's right of revolution, this constitutional law of redress justified the people resisting the sovereign. This law of redress arose from a contract between the people and the king to preserve the public welfare. This original contract was "a central dogma in English and British constitutional law" since "time immemorial". [64]
Since the 19th century, the United States government has participated and interfered, both overtly and covertly, in the replacement of many foreign governments. In the latter half of the 19th century, the U.S. government initiated actions for regime change mainly in Latin America and the southwest Pacific, including the Spanish–American and Philippine–American wars.
Regime change may occur through domestic processes, such as revolution, coup, or reconstruction of government following state failure or civil war. [1] It can also be imposed on a country by foreign actors through invasion, overt or covert interventions , or coercive diplomacy .
Gitlow v. New York, 268 U.S. 652 (1925), was a landmark decision of the United States Supreme Court holding that the Fourteenth Amendment to the United States Constitution had extended the First Amendment's provisions protecting freedom of speech and freedom of the press to apply to the governments of U.S. states.
The fall of a government or the creation of a new government as a result of an external war is not subversion. Espionage does not count as subversion because it is not an action that leads directly to an overthrow of a government. Information gathered from espionage may be used to plan and carry out subversive activities. [15]
Public knowledge of routine human rights abusees committed by the Contra rebels led to the passage of the Boland Amendment by Congress, which cut off any appropriated funding for the Contras that would be used for the purpose of overthrowing the Nicaraguan government. [6]
Soviet involvement in regime change entailed both overt and covert actions aimed at altering, replacing, or preserving foreign governments. In the 1920s, the nascent Soviet Union intervened in multiple governments primarily in Asia, acquiring the territory of Tuva and making Mongolia into a satellite state. [1]
While he would concur with overthrowing a state supreme court's decision, as in Bush v. Gore, he built a coalition of Justices after 1994 that developed the idea of federalism as provided for in the Tenth Amendment. In the hands of the Supreme Court, the Constitution and its amendments were to restrain Congress, as in City of Boerne v.