Citizens Constitutional Protections vs. Zeitgeist in Legislation

Along with many other citizens, I find myself perplexed regarding how so many pieces of proposed legislation bypass the Constitutions.  As I read the Citizen Councilor Bills (SB5003 and HB1282), I believe it can best be explained by the words on page 2:  zeitgeist communication.  According to the dictionary zeitgeist means, time spirit, the trend of thought and feeling in a period.  It is crucial to the continuance of our constitutional republican form of government to understand what this means.

If one takes only the thought and feeling in a period, the time spirit will allow the Constitutions to be set aside as representing previous thought or a spirit that is not relevant to current times.  I ask you to read the entire bill to comprehend how zeitgeist relates to this bill and other legislation before you.  You will discover in the rhetoric, a form of government that bypasses the individual citizen's communication with the elected official.  It establishes a Citizen Councilor Advisor Network.  Councilor is spelled that way because it is defined as an official advisor to a sovereign or chief magistrate.  These bills establish a complete system for people to meet in small groups to reach consensus on a pre-selected issue, from pre-selected authorized materials, and therefore come to a pre-selected consensus.  No recorded vote, and no minority opinion is registered.  This Citizen Councilor consensus will ultimately be presented to the elected sovereign as the will of the people.  No need for the sovereign to listen to research from an individual citizen, the official advisor has spoken!  These bills also provide for a Wise Council, selected by lottery, guided by a facilitator, to prioritize the future agenda.  Note none of the people comprising this network are elected, yet they are presenting a form of an initiative to elected officials, without signature gathering.  The Constitutions grant rule by law.  Zeitgeist is rule by man, also called democracy.  History should remind us of the tyranny zeitgeist the spirit of the time has rendered.

Please consider some of the elements of zeitgeist currently in operation, and in proposed bills:

When there are public hearings on a pet bill, experts are recruited from other states to council concepts, not discuss the language of the bill.  Citizens are granted a minute or two, devoid of media, to address the legislation governing their lives.  In caucus, and committees, are Constitutional issues addressed, or is it zeitgeist?  When emergency clauses are attached to legislation, the right of the citizens to constitutionally give or withhold consent on how they are to be governed is removed.

Charter Schools, SB5012, is an example of zeitgeist.  Charter schools are contract schools, binding both state and non-profit corporations in legal contract language.  SB5012 exempts contract schools from all parental rights and elected representation, while requiring compliance with all the education reform of NCLB, the EALRs, and the WASL, and still prohibits religious influence.  Since SB5012 provides for both ongoing contracts for new charter schools and unlimited conversions of existing schools, there will never be a time the legislature can restore those protections without breaching contracts and opening the state to lawsuits.  Zeitgeist removes protections of both the U.S. and Washington Constitutions and calls it choice.  The fact that education reform has always been a top down violation of U.S. Constitution, Amendment 10, is simply ignored.  The fact that the Secretary of Education is not elected is ignored.  The fact that the legislature has given consent for non-elected commissions to design education reform is ignored.  This seamless system of education reform was accomplished without ever allowing a vote of the citizens.  SB5012 removes the last vestige of parental rights and elected representation over charter schools, yet prevents a third vote of citizens by attaching an emergency clause.

HB1658, Driver's Licenses would require the WASLs for private or home-schooled students, or an equivalent, as determined by the appointed A+ Commission.  It also requires parents to report to the state regarding their students.  This assault on private and home-based education came just after reading that passing the WASL is to be required for entrance into Running Start and college.  Citizens had previously warned that education reform would require the Certificate of Mastery for college and employment.  Unthinkable a few years ago, a work permit is nearly a reality now.  Students are to be denied rights, yet no citizen vote has ever been taken on this cradle to grave education reform.

Another example would be HB1464, Faith-based Social Services.  Zeitgeist, totally ignores the U.S. Constitution, wherein Congress is to make no law respecting an establishment of religion, or prohibiting the free exercise thereof (First Amendment).  Although not even an unconstitutional law has yet passed, millions of dollars have already been expended to train religious groups in how to obtain and implement grants.  Future funding will be $65 billion.  It will not be God, but government bureaucracies, who determine the qualifications of churches that are to receive tax offerings from citizens who have not consented to this unconstitutional confiscation of their money.  True faith-based charity is voluntary.  This will establish bureaucracies, with salaried and pensioned employees.  HB1464 violates Washington Constitution Article 1 § 11 and 26 § 1 which guarantee no person shall ever be molested in person or property on account of religion.  Stealing taxes to fund the government's choice of so-called faith-based charities, with the accompanying mandates, molests everyone's conscience.

Admittedly, zeitgeist, and the Fast Forum data gathering system incorporated in Citizen Councilor bills, SB5003 and HB1282, were used experimentally in churches in the 70s.  The Biblical authority of those churches has been replaced by the spirit of the time, or the thought or feeling of the period.  In other words, zeitgeist sets aside authority, be it religious, governmental or family.

The Citizen Councilor bills pose the most dangerous attack on the Constitutions.  They introduce a pre-selected issue, with pre-selected authorized information, resulting in a pre-selected consensus for the official advisor to deliver to sovereigns.  The process sets aside the Constitutions and creates the illusion the thought or feeling of the period has been reached.

I urge you, the elected officials to protect our freedoms by filtering legislation through the Constitution.  If there are changes you believe need to be made, present the citizens with an amendment to the Constitution.  In the hectic order of your days, please consider what zeitgeist will do to all our freedoms.

Sincerely,

Cris Shardelman


Cris Shardelman is a strong advocate of the parents' rights in the area of education.  She has worked tirelessly for over thirty years, with state and federal legislators, legislative aides, parents, teachers, school boards, lobbyists, activists, organized groups and many others, in the area of education.  She has helped write legislation and testified before the legislature on matters of education.  Cris is also a researcher of some note and has worked with various youth groups.