- good points - let me add that the Declaration of Independence is not a document that gives the citizens anything - it was to tell the King we are gone and here is why - So there are no rights or benefits that flow from that document to the Constitution. just like the Federalist and anti - Federalist papers have no force of power over the Constitution except to help clarify what the Founder intended when some branch of government attempts to usurp or some group seeks a new right should be created out of nothing?
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I found this site helpful to my research of Jefferson's collection:
http://www.librarything.com/profile/ThomasJefferson
I haven't found a list of Madison's collection (yet) but this site has been fruitful nonetheless:http://memory.loc.gov/ammem/collections/madison_papers/mjmser.html
It has been some time since I have read Locke and am in the process of searching for hardbound editions. Have you delved into David Hume? I know Madison was influenced in no small degree by his writing.To any here who are not so addicted to hardcover books like I am this is a good site to read Locke's Two Treatises: http://www.lonang.com/exlibris/locke/
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- FREE audio version of 5000 YEAR LEAP
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- Your take on the Law School is exactly correct the student receive very little on Con Law. The vast majority of classes and oral presentations are based on the British Common Law - Case Law Theory of Precedent based review of past cases to determine the law that the Courts have "CREATED" by building a base of "SETTLED LAW" which become the law of the land. Not created or passed by Legislatures at the Federal or State level - It is Judicial law - READ ARTICLE III and them tell me where the Courts get the power to create law from their previous actions?
Article III - The Judicial Branch Note
Section 1 - Judicial powersThe 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. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behavior, and shall, at stated Times, receive for their Services a Compensation which shall not be diminished during their Continuance in Office.Section 2 - Trial by Jury, Original Jurisdiction, Jury Trials(The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority; to all Cases affecting Ambassadors, other public Ministers and Consuls; to all Cases of admiralty and maritime Jurisdiction; to Controversies to which the United States shall be a Party; to Controversies between two or more States; between a State and Citizens of another State; between Citizens of different States; between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects.) (This section in parentheses is modified by the 11th Amendment.)In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction. In all the other Cases before mentioned, the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make.The Trial of all Crimes, except in Cases of Impeachment, shall be by Jury; and such Trial shall be held in the State where the said Crimes shall have been committed; but when not committed within any State, the Trial shall be at such Place or Places as the Congress may by Law have directed.Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court.The Congress shall have power to declare the Punishment of Treason, but no Attainder of Treason shall work Corruption of Blood, or Forfeiture except during the Life of the Person attainted.
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- Cauliflower is nothing but cabbage with a college education.
Mark Twain
Climate is what we expect, weather is what we get.
Mark Twain
Denial ain't just a river in Egypt.
Mark Twain
Education consists mainly of what we have unlearned.
Mark Twain
Everything has its limit - iron ore cannot be educated into gold.
Mark Twain
My point is now - education is limited and must be made available to the ghetto people with FULL VALUE [per State ADA spending per child] payment to private or other public schools - competition will provide a new paradigm in teaching kids to have employable job skills after 12th grad. More than 100 years of the current failed system is enough to convince any rational thinker that it must just be left to die as any nonperforming business would.
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- Only Texas and Hawaii have ANY claim to sovereignty. Not any of the 13 colonies can make that claim because they were part of the British Empire before they were emancipated by the Union of States and owe that freedom to the Union which was established by the Articles of Confederation. Our Constitution further cemented the states to the Union or in the words of the Constitution made that Union more perfect.
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- I have not researched this out again but let us look to the behavior of the several States prior and during the Revolutionary War. All actions were taken in the "Sovereign States" as they had dismissed the claims of the King and now under the force of arms were perfecting their freedoms won. They won the war as individual Sovereign States as there was no uniting force that transferred any ownership of their lands.They united under the Continental Congress and under General George Washington mastery to fight the Kings men as free members of their individual States united for the common defense. IMO they had acquired their sovereignty under force of arms as individual States.
Democratical States must always feel before they can see: it is this that makes their Governments slow, but the people will be right at last…Democratical States must always feel before they can see: it is this that makes their Governments slow, but the people will be right at last. – Letter to Marquis de Lafayette (25 July 1785)Washington’s Farewell Address (17 September 1796)
Interwoven as is the love of liberty with every ligament of your hearts, no recommendation of mine is necessary to fortify or confirm the attachment.While, then, every part of our country thus feels an immediate and particular interest in Union, all the parts combined cannot fail to find in the united mass of means and efforts greater strength, greater resource, proportionably greater security from external danger, a less frequent interruption of their peace by foreign nations; and, what is of inestimable value, they must derive from Union an exemption from those broils and wars between themselves, which so frequently afflict neighbouring countries not tied together by the same governments, which their own rivalships alone would be sufficient to produce, but which opposite foreign alliances, attachments, and intrigues would stimulate and embitter. Hence, likewise, they will avoid the necessity of those overgrown military establishments, which, under any form of government, are inauspicious to liberty, and which are to be regarded as particularly hostile to Republican Liberty. In this sense it is, that your Union ought to be considered as a main prop of your liberty, and that the love of the one ought to endear to you the preservation of the other.
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- Hamilton's view of the General welfare is this;The principle of the general welfare Is the only legitimate basis for the authority of government. United States republic ``came into existence as direct heir of those anti-oligarchichal, anti-Roman, Platonic principles of natural law'' which were first affirmed in the founding of the first nation-state republics during the late 15th Century: France under Louis XI, and England under Henry VII. the source of this law as ``a combination of the Classical Greek, republican heritage, with those doctrines, respecting the universal notion of human individuality, which were promulgated by Jesus Christ and his Apostles, notably the Epistles of the Apostle Paul.''Out of this, came the central principle upon which ``the authority, powers, and responsibilities of the sovereign nation-state republic were premised ... the notion of `general welfare,' or commonwealth.'The use of federal funds to build the nation for the common good is a noble task of any nation. The problem is what is the common good?
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- Throughout the course of Jefferson’s political life, it is abundantly clear from his writings that he believed in a limited state that did not engage in wealth redistribution or public charity and that adhered to the limitations of the Constitution which made no provision of any kind for such endeavors. His favored form of taxation did not include either taxes on income – progressive or otherwise – or estates or wealth or headcount (capitation). Rather, he championed taxation of the consumption of luxury items that would not generate a tremendous amount of revenue, which was fine with him because he did not favor a government that could engage in the redistributive activities, now frequently taken for granted, that would require much revenue. His writings indicate that he would be absolutely appalled at the rise of the Welfare state and the bureaucracy that accompanies it.A limited Federal Government can only exist when there is a limited amount of revenue available. The out of control spending we see today is a result of war time taxation that was created to provide for the need of our troops starting during WWI and continued into WWII and the cold war. To limit government we must return to a pre-war level of taxation. A task that will be so hard to reverse it is unfathomable to imagine.
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- Let us think of cause and effect - Crockett's conflict is the perfect example - it was not the tax or the source of the tax that created the usurpation; it was THE SPENDING; it was the excess money sitting with out a need that gave the Political Class the desire to engender affection by TAKING from the ample Treasury and RE-DISTRIBUTING those excess to benefit their personal advancement.Is this not the exact same thing we witnessed when the Progressives started all the Federal assistance plans. One can see the same story repeating over and over, first the Social Security Act, which grew over time and soon it had huge reserves just sitting there doing nothing so they spent some on Widows and children, then they spent so more on Disability income distributions. Yes, my friends like Crockett, we need to make Congress take his pledge about usurping the Constitution?They now hide behind semantics and new "MODERN" word meanings. They use open general clauses that were originally intended only to apply to the powers that preceded or followed. The 14th amendment is a prime example of it appearing harmless and even beneficial but if you research you will find that it has been used by Congress and the Courts to limit State rights, create "RIGHTS" and to do much mischief to the Constitution and the Republic. The same goes with the 17th amendment, it was sold to the people that it increase their individual power and advanced the Democratic process. It destroyed the States participation and power over the Federal government as we now find all Senate races are of National importance and money flows to gain a majority in DC to the detriment of the individual States. The 16th amendment give the Federal the revenues to bribe the civil servant, Unions and the States to do their wishes.FDR usurped the Courts and they have been left in that Condition since 1937. We can not look to the Courts for resolution as they have none to give.Yes, usurpations have occurred since the very beginning but almost never have they been put down or revoked or nullified as if they were never laws as the Founders envisioned.
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- Jefferson and Franklin plus other Founders would be called Progressives by many of modern conservatives. There concepts on taxes, property taxes, excise taxes, tariffs and duties would be outside our current desires as we have had the experience to see the fallacies of those taxes when expanded to unlimited horizons. One example would be Franklin desire for property taxes to fund libraries, police and fire based on the size and value of the property (progressive).Here is a list of the letters from the Jefferson papers - as you can see there are many.
taxes
on auctions, 60
on carriages, 60
duties and imposts, 41-2, 56-7, 60, 67-8, 71n, 89, 91-2, 93n, 101-4, 107, 166, 282, 502-3, 573n
federal excise, 60, 101-4, 128, 131, 166, 502-3
on licenses, 60
property, 114-15, 340
repeal of, vii-viii, 10, 19, 23, 60, 103, 111, 128, 131, 166, 178, 186, 204, 231, 270n, 290, 378, 388, 416, 430n, 502, 600, 602n
on sugar, 60
See also Direct Tax (1798); Stamp Act (1797)
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- THIS IS THE PROPER WAY TO REVIEW THE CONSTITUTION CAN WE FORCE THE HANDS OF THE JUSTICES?
"On every question of construction, let us carry ourselves back to the time when the Constitution was adopted, recollect the spirit manifested
in the debates, and instead of trying what meaning may be squeezed out
of the text, or invented against it, conform to the probable one in
which it was passed."
Thomas Jefferson, letter to William Johnson, June 12, 1823, The
Complete Jefferson, p. 322.
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