Civil Disobedience

• Author: S.J. Robert F. Drinan
• Pages: 369-372

Page 369

Civil disobedience is a public, nonviolent, political act contrary to law usually done with the aim of bringing about a change in the law or policies of the government. The idea of civil disobedience is deeply rooted in our civilization, with examples evident in the life of Socrates, the early Christian society, the writings of Thomas Aquinas and Henry David Thoreau, and the Indian nationalist movement led by Gandhi.

The many occurrences of civil disobedience throughout American history have had a profound impact on the legal system and society as a whole. The Constitution does not provide immunity for those who practice civil disobedience, but because the United States is a representative democracy with deep respect for constitutional values, the system is uniquely responsive to acts of civil disobedience. Examples of civil disobedience in American history include the Quakers' refusal to pay taxes to support the colonial Massachusetts Church, the labor movement's use of the tactic in the early twentieth century, and citizens' withholding of taxes in protest of military and nuclear expenditures.

The fundamental justification for civil disobedience is that some persons feel bound by philosophy, religion, morality, or some other principle to disobey a law that they feel is unjust. As MARTIN LUTHER KING, JR. , wrote in his Letter from Birmingham Jail, "I submit that an individual who breaks a law that his conscience tells him is unjust, and willingly accepts the penalty by staying in jail to arouse the conscience of the community over its injustice, is in reality expressing the very highest respect for law." Civil disobedience is most justifiable when prior lawful attempts to rectify the situation have failed; and when the acts of civil disobedience are done to force the society to

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recognize the problem; when performed openly and publicly; and when the actor will accept the punishment. Many proponents urge that civil disobedience be used only in the most extreme cases, arguing that the Constitution provides many opportunities to voice one's grievances without breaking the law.

Opponents of civil disobedience see it as a threat to democratic society and the forerunner of violence and anarchy. The premise of stable democracy, they contend, is that the minority will accept the will of the majority. Opponents argue that the lack of a coherent theory of civil disobedience can result in the abuse of the tactic.

Civil disobedience may be designed to change the Constitution itself. The responsiveness of the Constitution to the voice of dissent and civil disobedience is particularly evident in two movements in our history: the women's suffrage movement and the antislavery movement. These movements brought about great constitutional changes through a variety of political strategies, including civil disobedience.

The women's suffrage movement began in the first part of the nineteenth century. Increasing numbers of women were becoming active in political parties, humanitarian societies, educational societies, labor agitation groups, antislavery associations, and temperance associations. By 1848, the women had organized the National Women's Rights Convention at SENECA FALLS where ELIZABETH CADY STANTON and Lucretia Mott led the women in writing the Declaration of Sentiments. A main tenet of the declaration was that women should be granted the right to...