Friday, March 10, 2006

The Right - A work in progress....

THE RIGHT

(A work in progress. Links to all crucial points will be forthcoming. All current references, as indicated by; (0), are in the footnotes at bottom of page.)
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"We have counted the cost of this contest, and find nothing so dreadful as voluntary slavery. - Honor, justice, and humanity, forbid us tamely to surrender that freedom which we received from our gallant ancestors, and which our innocent posterity have a right to receive from us. We cannot endure the infamy and guilt of resigning succeeding generations to that wretchedness which inevitably awaits them, if we basely entail hereditary bondage upon them."
- John Dickenson and Thomas Jefferson,
Continental Congress, July 6, 1775
Declaration of Causes and Necessity for Taking Up Arms

PREFACE;
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The Intent of The Republic;
There seems to be a popular notion that the United States is a democracy. This notion of a democracy is FALSE(i). For it is specifically shown in The Federalist Papers(ii), that a democracy is abhorrent to the Framers Intentions. It is demonstrated, in The Federalist, how a democracy could easily subvert the Principles laid out, by a simple majority vote(iii). The Framers Intentions were for a Constitutional Republican(iv) form of government. With each state Constituted under the Federal, to form a Union(v). The body of the Union being the states, and the head being the federal. The objective was for the RULE of LAW, based upon Principles designed to bind the Union together. The United States of America has a form of government in which the Peoples representives are elected by Popular democratic vote. The United States Constitution with the attached Amendments, IS The RULE of LAW for Our Country. And ALL levels of government and The People are BOUND by the aforementioned RULE of LAW without exception(vi). Every state that joined the Union, AGREED to be BOUND by this RULE of LAW - The Constitution of The United STATES of America.
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The Second Amendment, (1)(2)as enumerated in The Bill of Rights(3), and attached to The United States Constitution(4);
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"to be valid to all intents and purposes as part of the said Constitution, namely:"
"A well regulated militia being necessary to the security of a free state, THE RIGHT OF THE PEOPLE TO KEEP AND BEAR ARMS SHALL NOT BE INFRINGED."
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SUMMATION:
The First proposition is; that the Right of the People to Keep and Bear Arms is a Natural UNALIENABLE RIGHT. A Right ENDOWED to man by God(5). That the additional enumeration of this specific Right was insisted upon by the Anti-Federalists, particularly Patrick Henry, Richard Henry Lee and others(6), during the Framing of the Constitution.
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Secondly; since the Federalist Papers were the method used by the Framers, to 'sell' the idea of a Constitutional Federal Republic to the People(7). And that the aforementioned Constitution is a CONTRACTUAL AGREEMENT between the government and the governed. This then makes the Federalist Papers part and parcel of that CONTRACT, (Constitution). For it was the means used to effect the sale of the 'new' form of government to the People. Therefore, the Principles contained in the Federalist Papers, demand adherence to those Precepts(8). By those in the government, who are acting on behalf of We The People.
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Seperation of Intentions and Purposes;
There are TWO distinctly seperate clauses in the Second Amendment. With each clause having different INTENTIONS assigned to it, in its purposes(9). The two clauses spell out Vital Principles to which the government, at ALL levels(10), MUST adhere. This FACT is PROVEN in the preamble of the Bill of Rights, which states "that further declaratory and restrictive clauses should be added". And the reasoning for the aforementioned additions are found in the preamble as well; "and as extending the ground of public confidence in the Government will best insure the beneficent ends of its institution".
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The first Principle shows the method used by the state(s) to secure Freedom and Liberty for the people, by use of a regulated and practiced means. The reasoning for this, was to secure the state(s) from internal/external faction(s)/Dangers upto and including usurpations that may emanate from the federal level(11). As well as the threat that may emanate from foreign sources.
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First Clause, The State Militia;
The First portion of the Amendment outlines the continuous need for there to be state(s) Militia, rather than a standing army. For, the Framers of the Constitution, perceived a standing army as being 'the bane of liberty'. And that the state(s) Miltia, made up of the whole body of the People, would be the effective 'check' against any national standing army that might be raised, under any pretense. This Principle was applied to the state(s)(12), as well as the federal level(13). The clear intent was to provide the means for the People, should either the state(s) or federal government become usurpers. To enable the People to 'throw their weight', in with the side of Right, and thusly crush the attempted usurpation(s) (14).
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Second Clause, The Right of The People;
The Second portion of the Amendment is a statement of FACT or REALITY. Laying out for ALL to see, that the Natural Right, given by God(15), was just that - A RIGHT. The Right of the People to Keep and Bear Arms is a Guarantee that the government, at ANY level, could NEVER use ANY pretense as justification for DISARMING the People. Rather, that it was the DUTY of government to SECURE this RIGHT. That this RIGHT is the Second Principle within the Amendment. And outlines the continual necessity of the People to Keep and Bear Arms for maintaining their OWN Freedom and Liberty. And this, was intended as Defense from ANY source of Danger arising against them. And furthermore, that this Principle was preexisting(16)(17)(18), to the Framing of the Constitution. And that it was DEMANDED to be ENUMERATED by certain of the Framers, (Anti-Federalists).
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The intention of the Principle is made quite clear by the use of the word 'infringed', by the Framers. For the definition of the word 'infringed' is; to encroach upon in a way that violates law or the rights of another. The strictness implied, by use of the words 'SHALL NOT', provides further clarity as to their intentions(19). In addition, the Intention of the Principle, as it applies to the government, in restraining the states/federal. Was also Intended as a restraint against a misguided People as well!(20)
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The Framers concisely and irrefutably outlined, three crucial elements for the Preservation of Freedom and Liberty;
1) There would arise occasion for the need of a National standing army, (Air Force, Army, Marines, Navy). This force would be necessary for the DEFENSE of the Union,(21) (offensive use was DEEPLY FROWNED UPON, even for supposed 'just' causes). However, it was plainly indicated that it should NEVER become a force so formidable as to present a DANGER TO LIBERTY(22). As there was a definite fear, by the Framers, that a standing army had the propensity of being Dangerous to the Freedoms and Liberties of the People.
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2) Bearing in mind, the TRUTH found in element NO. 1. The ways and means to enable the state(s) to form an effective 'check', (State(s) National Guard), against foreign OR domestic threat(s) proved necessary. For if the federal level EVER became Tyranical, the state(s) would need the militia as well as the backing of the People. AN ARMED PEOPLE. Tyranical usurpation could emanate from the federal source on a local, state(s) or national scale, from wherever troops might be based. (This is one of the reasons for the Third Amendment; No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law).
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3) The TRUTH(S), found in elements NO. 1 and NO. 2, show it was equally necessary for the People to be armed to be able to join the side fighting the Tyranical usurpation(s) that may arise from either the federal or state(s). In addition, for use as defense against Foreign enemy invaders. And in addition, the Citizens were to be ARMED, AS the military was armed, for THE PEOPLE ARE an Important aspect in the overall plan of Defense. And they MUST be LIKE ARMED, as the military, for The People TO BE ENABLED TO EFFECTIVELY repel any army being employed by a TYRANICAL government. This is a CRUCIAL ASPECT in the Framers PLANNED DEFENSES OF OUR COUNTRY. The PLANS that were AGREED to, by the states joining the Union and by the federal. Both levels of government, which are intended to act as the Representatives of The People. And both levels are BOUND by the Republican Principles of government.
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INFRINGMENT;
The reckless disregard of the Right of the People to Keep and Bear Arms was brought about by varying conditions. And in response to those conditions, incorrect and illegal methods were employed to bring about supposed 'solutions' to these conditions, (A.K.A. - REAL LIFE).
There appear to be three direct underlying root causes given as justification(s) for these Infringment(s);

1) UNREASONABLE FEAR;
This emotion can be held out as being the most significant contributor to the reckless disregard shown by many of the states as well as the federal government. And in large part, this fear was motivated by actual historical occurences, (Civil War, Old West 'Gunfighters', 'Gangsters', Political Assassinations, etc.), which gave a plausible excuse for the infringement(s). However 'plausible' the excuse, it does not provide justification for the UNCONSTITUTIONAL USURPATION(S) that have been inflicted. This fear emanated from some of the people as well, provoking the government to cross the boundries placed on it.
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2) THE FALSE BELIEF of GOVERNMENT 'PROTECTION' FROM CRIMINAL ACTIVITY;
As our country has grown, so did criminal activity. Which brought about the necessity for Law Enforcement. This in turn, caused the People to develop an ill conceived reliance upon Law Enforcement in providing for defense. This reliance upon Law Enforcement, by the People, was misguided. For the court(s) have held that the defense of the individual is NOT the responsibility of the government. The court(s) have held that the governments Constitutional responsibilities are to provide for the Common Defense. Thus leaving the individual to fend for themself in matters of defense of life or property. There is foundation for the 'Common Defense' ruling(s) by the court, for it is plainly stipulated in our Founding document(s). This misconception has caused many to become lazy in providing for their own defense. As well as creating a false dependence upon government to provide personal protection it is not empowered to provide. The people have historically defended their own Right to Life and Property. As well as taking care to perform their civic and moral duty of taking part in the defense of others in their communities. This has been the accepted natural and normal course of civilian life since the beginning of time.
Should the perversion, of the Original Intent of the Framers, continue; we will be left with a Police State. Governed by Arbitrary Rule. Much like what we are witnessing currently. Only, as has been historically proven, there IS the Propensity for the situation to become far worse.
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3) ENTER, THE LAWYERS;
For many different reasons, chief of which is monetary, lawyers have played the major role in providing the justifications used for the Infringements. Whether the lawyer is wearing the badge of an attorney or that of a politician.
By the introduction of various UNCONSTITUTIONAL laws and ordinances, that were supposedly intended to curb violence. Or, by bringing suits against citizens, on behalf of an alledged criminal or family of the alledged criminal. For the wounding or killing of the aforementioned alledged criminal. Thus acting as a repellent to the idea of exercising the Right of Defense out of fear of financial ruin.
The above assertion, should in no way be miscontrued as meaning that there are NOT valid uses for lawyers. For there are cases, in which self-defense is claimed as just cause, but in reality were criminal in nature. Whether by malice aforethought, unjust use of a deadly weapon, or conspiracy to commit murder. The latter instances, are ideally the cases, in which the court rightfully enters into these type matters.
Attempts at solving the problem of crime, by the use of Prior Restraint upon law-abiding citizens, is clearly REPUGNANT to the Principles of Our Constitution. INNOCENT, UNTIL PROVEN GUILTY, remember? There is NO Constitutionally legal justification for 'Gun Control', PERIOD

CONCLUSION;
Many of the People across the country, by the use of perverse law(s), have been illegally restricted or kept from exercising their Natural, God Given and Constitutionally Protected Right. A great many People are now left defenseless by Constitutionally Repugnant Infringements upon their Right and Duty to Keep and Bear Arms. Or fearful to exercise that Right due to the threat of civil lawsuits. This can be construed, in the least, as Gross Negligence on the part of the government(s). And in all actuality, is an USURPATION by the government by adversely effecting the Right to Life and Liberty held by the People. Regardless of the justifications used for the Infringements, this can be called nothing less than DIRECT VIOLATION OF OUR CONSTITUTIONAL LAW. In addition, these Infringments provide a new definition to the word; EVIL.
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After careful examination of the FACTS, it can justly be contended that 'Gun Control', is against the Law; The Laws of God, The Laws of Nature, and The Laws of Reason. That 'Gun Control' is Constitutionally Repugnant and therefore ILLEGAL. The ONLY exception being, when a citizen has commited criminal act(s) and is imprisoned. If a citizen is Free, they have the Right to Keep and Bear Arms ANYWHERE in this country - WITHOUT RESTRAINT. And that this Right is SUPPOSED to be SECURED by the government, AND NOT INHIBITED IN ANY FASHION.
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The state governments that are practising these illegal Usurpations are in Violation of the Peoples Contract. The federal government is itself in VIOLATION of the CONTRACT, in two ways. Firstly; By ALLOWING the passage of UNCONSTITUTIONAL REGULATIONS on the federal level. Secondly; By NOT FULFILLING its OBLIGATED DUTY in UPHOLDING THE LAW OF THE LAND. Which IS The United States Constitution. The CONTRACT, which EVERY STATE WAS SWORN TO AGREE TO, BEFORE BEING ADMITTED INTO THE UNION! This is clear indication that the federal government, at ALL levels, is COMPLICIT in these Usurpations! This TRAVESTY of JUSTICE, MUST be REVERSED! We The People, after all, are the Natural Guardians of OUR CONSTITUTION - OUR CONTRACT! It is THE RIGHT of The People!
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"The rights of man come not from the generosity of the state but from the hand of God."
- John F. Kennedy
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The answer to the problem of Violence cannot be found in the REMOVAL of a CONSTUTIONALLY GUARANTEED RIGHT. For that CANNOT be a VIABLE SOLUTION, ACCORDING TO THE RULE OF LAW. Rather, the ANSWER is found in the use of EDUCATION in the PROPER USE of ARMS. And by the PUNISHMENT of those who fail to comply with the RIGHTFUL Laws of the Land.
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Footnotes;
(i) "From this view of the subject it may be concluded that a pure democracy, by which I mean a society consisting of a small number of citizens, who assemble and administer the government in person, can admit of no cure for the mischiefs of faction. A common passion or interest will, in almost every case, be felt by a majority of the whole; a communication and concert result from the form of government itself; and there is nothing to check the inducements to sacrifice the weaker party or an obnoxious individual. Hence it is that such democracies have ever been spectacles of turbulence and contention; have ever been found incompatible with personal security or the rights of property; and have in general been as short in their lives as they have been violent in their deaths. Theoretic politicians, who have patronized this species of government, have erroneously supposed that by reducing mankind to a perfect equality in their political rights, they would, at the same time, be perfectly equalized and assimilated in their possessions, their opinions, and their passions.
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"A republic, by which I mean a government in which the scheme of representation takes place, opens a different prospect, and promises the cure for which we are seeking. Let us examine the points in which it varies from pure democracy, and we shall comprehend both the nature of the cure and the efficacy which it must derive from the Union."
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"The influence of factious leaders may kindle a flame within their particular States, but will be unable to spread a general conflagration through the other States. A religious sect may degenerate into a political faction in a part of the Confederacy; but the variety of sects dispersed over the entire face of it must secure the national councils against any danger from that source. A rage for paper money, for an abolition of debts, for an equal division of property, or for any other improper or wicked project, will be less apt to pervade the whole body of the Union than a particular member of it; in the same proportion as such a malady is more likely to taint a particular county or district, than an entire State."
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"In the extent and proper structure of the Union, therefore, we behold a republican remedy for the diseases most incident to republican government. And according to the degree of pleasure and pride we feel in being republicans, ought to be our zeal in cherishing the spirit and supporting the character of Federalists." - James Madison, Federalist #10
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"The first question that offers itself is, whether the general form and aspect of the government be strictly republican. It is evident that no other form would be reconcilable with the genius of the people of America; with the fundamental principles of the Revolution; or with that honorable determination which animates every votary of freedom, to rest all our political experiments on the capacity of mankind for self-government. If the plan of the convention, therefore, be found to depart from the republican character, its advocates must abandon it as no longer defensible." - James Madison, Federalist #39
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(ii) "THERE is an idea, which is not without its advocates, that a vigorous Executive is inconsistent with the genius of republican government. The enlightened well-wishers to this species of government must at least hope that the supposition is destitute of foundation; since they can never admit its truth, without at the same time admitting the condemnation of their own principles. Energy in the Executive is a leading character in the definition of good government. It is essential to the protection of the community against foreign attacks; it is not less essential to the steady administration of the laws; to the protection of property against those irregular and high-handed combinations which sometimes interrupt the ordinary course of justice; to the security of liberty against the enterprises and assaults of ambition, of faction, and of anarchy. Every man the least conversant in Roman story, knows how often that republic was obliged to take refuge in the absolute power of a single man, under the formidable title of Dictator, as well against the intrigues of ambitious individuals who aspired to the tyranny, and the seditions of whole classes of the community whose conduct threatened the existence of all government, as against the invasions of external enemies who menaced the conquest and destruction of Rome.
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There can be no need, however, to multiply arguments or examples on this head. A feeble Executive implies a feeble execution of the government. A feeble execution is but another phrase for a bad execution; and a government ill executed, whatever it may be in theory, must be, in practice, a bad government.
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Taking it for granted, therefore, that all men of sense will agree in the necessity of an energetic Executive, it will only remain to inquire, what are the ingredients which constitute this energy? How far can they be combined with those other ingredients which constitute safety in the republican sense? And how far does this combination characterize the plan which has been reported by the convention?
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The ingredients which constitute energy in the Executive are, first, unity; secondly, duration; thirdly, an adequate provision for its support; fourthly, competent powers.
The ingredients which constitute safety in the repub lican sense are, first, a due dependence on the people, secondly, a due responsibility. - Alexander Hamilton, Federalist No. 70
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(More Republic/Republican references can be found on; Federalist No. 01, 09, 10, 14, 22, 28, 29, 34, 37, 38, 39, 43, 44, 49, 51 , 52, 55, 57, 62, 66, 68, 71, 73, 77, 78, 84, 85).
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(iii) "...the subject must particularly recommend a proper federal system to all the sincere and considerate friends of republican government, since it shows that in exact proportion as the territory of the Union may be formed into more circumscribed Confederacies, or States oppressive combinations of a majority will be facilitated: the best security, UNDER THE REPUBLICAN FORMS, FOR THE RIGHTS OF EVERY CLASS OF CITIZENS, WILL BE DIMINISGED: and consequently the stability and independence of some member of the government, the only other security, must be proportionately increased. Justice is the end of government. It is the end of civil society. It ever has been and ever will be pursued until it be obtained, or until liberty be lost in the pursuit. In a society under the forms of which the stronger faction can readily unite and oppress the weaker, anarchy may as truly be said to reign as in a state of nature, where the weaker individual is not secured against the violence of the stronger; and as, in the latter state, even the stronger individuals are prompted, by the uncertainty of their condition, to submit to a government which may protect the weak as well as themselves; so, in the former state, will the more powerful factions or parties be gradnally induced, by a like motive, to wish for a government which will protect all parties, the weaker as well as the more powerful." - James Madison, Federalist #51
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(iv) Who are the Best Keepers of the People's Liberties? by James Madison, published on December 20, 1792, in the The National Gazette of Philadelphia.
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(v) "WE HAVE seen the necessity of the Union, as our bulwark against foreign danger, as the conservator of peace among ourselves, as the guardian of our commerce and other common interests, as the only substitute for those military establishments which have subverted the liberties of the Old World, and as the proper antidote for the diseases of faction, which have proved fatal to other popular governments, and of which alarming symptoms have been betrayed by our own." - James Madison, Federalist No. 14
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(vi) Article VI - This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.
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(1) Defined, word for word; Second Amendment Defined
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(2) Brief History; The Contended Amendment
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(3) Full Document; The Bill of Rights
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(5) Excerpt from The Declaration of Independence, (Particularly, PARA. II, first sentence).
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(6)"The call for a bill of rights had been the anti-Federalists' most powerful weapon. Attacking the proposed Constitution for its vagueness and lack of specific protection against tyranny, Patrick Henry asked the Virginia convention, "What can avail your specious, imaginary balances, your rope-dancing, chain-rattling, ridiculous ideal checks and contrivances." The anti-Federalists, demanding a more concise, unequivocal Constitution, one that laid out for all to see the right of the people and limitations of the power of government, claimed that the brevity of the document only revealed its inferior nature. Richard Henry Lee despaired at the lack of provisions to protect "those essential rights of mankind without which liberty cannot exist." Trading the old government for the new without such a bill of rights, Lee argued, would be trading Scylla for Charybdis." - Quote from A More Perfect Union: The Creation of the U.S. Constitution
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(7) "In the course of the preceding observations, I have had an eye, my fellow-citizens, to putting you upon your guard against all attempts, from whatever quarter, to influence your decision in a matter of the utmost moment to your welfare, by any impressions other than those which may result from the evidence of truth. You will, no doubt, at the same time, have collected from the general scope of them, that they proceed from a source not unfriendly to the new Constitution. Yes, my countrymen, I own to you that, after having given it an attentive consideration, I am clearly of opinion it is your interest to adopt it. I am convinced that this is the safest course for your liberty, your dignity, and your happiness. I affect not reserves which I do not feel. I will not amuse you with an appearance of deliberation when I have decided. I frankly acknowledge to you my convictions, and I will freely lay before you the reasons on which they are founded. The consciousness of good intentions disdains ambiguity. I shall not, however, multiply professions on this head. My motives must remain in the depository of my own breast. My arguments will be open to all, and may be judged of by all. They shall at least be offered in a spirit which will not disgrace the cause of truth."
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"Among the most formidable of the obstacles which the new Constitution will have to encounter may readily be distinguished the obvious interest of a certain class of men in every State to resist all changes which may hazard a diminution of the power, emolument, and consequence of the offices they hold under the State establishments; and the perverted ambition of another class of men, who will either hope to aggrandize themselves by the confusions of their country, or will flatter themselves with fairer prospects of elevation from the subdivision of the empire into several partial confederacies than from its union under one government." - Alexander Hamilton, Federalist No. 1
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(8) "To the second that is, to the pretended establishment of the common and state law by the Constitution, I answer, that they are expressly made subject "to such alterations and provisions as the legislature shall from time to time make concerning the same." They are therefore at any moment liable to repeal by the ordinary legislative power, and of course have no constitutional sanction. The only use of the declaration was to recognize the ancient law and to remove doubts which might have been occasioned by the Revolution. This consequently can be considered as no part of a declaration of rights, which under our constitutions must be intended as limitations of the power of the government itself." - Alexander Hamilton, Federalist #84
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(9) PARA. VI, final sentence Federalist #29
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(10) "The federal and State governments are in fact but different agents and trustees of the people, constituted with different powers, and designed for different purposes. The adversaries of the Constitution seem to have lost sight of the people altogether in their reasonings on this subject; and to have viewed these different establishments, not only as mutual rivals and enemies, but as uncontrolled by any common superior in their efforts to usurp the authorities of each other. These gentlemen must here be reminded of their error. They must be told that the ultimate authority, wherever the derivative may be found, resides in the people alone, and that it will not depend merely on the comparative ambition or address of the different governments, whether either, or which of them, will be able to enlarge its sphere of jurisdiction at the expense of the other. Truth, no less than decency, requires that the event in every case should be supposed to depend on the sentiments and sanction of their common constituents." - James Madison, Federalist No. 46, PARA I, 4th - 8th Sent.
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(11) Quotation from Federalist #16; "If the people were not tainted with the spirit of their State representatives, they, as the natural guardians of the Constitution, would throw their weight into the national scale and give it a decided preponderancy in the contest." (Now, how could one suppose that an UNARMED People would be able to "throw their weight" and be able to effect "a decided preponderancy in the contest"?)
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(12) "In a single state, if the persons intrusted with supreme power become usurpers, the different parcels, subdivisions, or districts of which it consists, having no distinct government in each, can take no regular measures for defense. The citizens must rush tumultuously to arms, (Notice the use of the word CITIZENS - NOT MILITIA!), without concert, without system, without resource; except in their courage and despair. The usurpers, clothed with the forms of legal authority, can too often crush the opposition in embryo." - Alexander Hamilton, Federalist #28
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(13) "The smallness of the army renders the natural strength of the community an over-match for it; and the citizens, not habituated to look up to the military power for protection, or to submit to its oppressions, neither love nor fear the soldiery; they view them with a spirit of jealous acquiescence in a necessary evil, and stand ready to resist a power which they suppose may be exerted to the prejudice of their rights. The army under such circumstances may usefully aid the magistrate to suppress a small faction, or an occasional mob, or insurrection; but it will be unable to enforce encroachments against the united efforts of the great body of the people." - Alexander Hamilton, Federalist #8
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(14) "The obstacles to usurpation and the facilities of resistance increase with the increased extent of the state, provided the citizens understand their rights and are disposed to defend them. The natural strength of the people in a large community, in proportion to the artificial strength of the government, is greater than in a small, and of course more competent to a struggle with the attempts of the government to establish a tyranny.
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"But in a confederacy the people, without exaggeration, may be said to be entirely the masters of their own fate. Power being almost always the rival of power, the general government will at all times stand ready to check the usurpations of the state governments, and these will have the same disposition towards the general government. The people, by throwing themselves into either scale, will infallibly make it preponderate. If their rights are invaded by either, they can make use of the other as the instrument of redress.
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"How wise will it be in them by cherishing the union to preserve to themselves an advantage which can never be too highly prized!" - Alexander Hamilton, Federalist #28
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(15) "We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness." - Excerpt from The Declaration of Independence.
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(16) As enumerated in the English Bill of Rights of 1689
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(17) "I am also pleasd to find that the Manufactury of Arms and Ammunition have been attended to with so much care; a plenty of these and unanimity and Fortitude among ourselves must defeat every attempt that a diabolical Ministry can Invent to Inslave this great Continent. In the Manufacturing of Arms for Publick use great care should be taken to make the bores of the same size, that the same Balls may answer, otherwise great disadvantages may arise from a mixture of Cartridges." - George Washington, (Letter to John Augustine Washington Camp at Cambridge), October 13, 1775.
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"No Soldier whenever dismissed, is to carry away any Arms with him, that are good, and fit for service, if the Arms are his own private property, they will be appraised, and he will receive the full Value thereof: Proper persons when necessary, will be appointed to inspect, and value, the Arms, so detained." - George Washington, 1732-1799 (The writings of George Washington from the original manuscript sources: Volume 4, 1745-1799).
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(18) "From thence the troops proceeded in warlike array to the town of Concord, where they set upon another party of the inhabitants of the same province, killing several and wounding more, until compelled to retreat by the country people suddenly assembled to repel this cruel aggression. Hostilities, thus commenced by the British troops, have been since prosecuted by them without regard to faith or reputation. - The inhabitants of Boston being confined within that town by the General their Governor, and having, in order to procure their dismission, entered into a treaty with him, it was stipulated that the said inhabitants having deposited their arms with their own magistrates, should have liberty to depart, taking with them their other effects. They accordingly delivered up their arms, but in open violation of honor, in defiance of the obligation of treaties, which even savage nations esteemed sacred, the Governor ordered the arms deposited as aforesaid, that they might be preserved for their owners, to be seized by a body of soldiers; detained the greatest part of the inhabitants in the town, and compelled the few who were permitted to retire, to leave their most valuable effects behind." - John Dickenson and Thomas Jefferson, (Continental Congress, Declaration of Causes and Necessity for Taking Up Arms July 6, 1775).
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(19) "Ambition must be made to counteract ambition. The interest of the man must be connected with the constitutional rights of the place. It may be a reflection on human nature, that such devices should be necessary to control the abuses of government. But what is government itself, but the greatest of all reflections on human nature? If men were angels, no government would be necessary. If angels were to govern men, neither external nor internal controls on government would be necessary. In framing a government which is to be administered by men over men, the great difficulty lies in this: you must first enable the government to control the governed; and in the next place oblige it to control itself. A dependence on the people is, no doubt, the primary control on the government; but experience has taught mankind the necessity of auxiliary precautions." - James Madison, Federalist No. 51
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(20) "Thus far I have considered the circumstances which point out the necessity of a well-constructed Senate only as they relate to the representatives of the people. To a people as little blinded by prejudice or corrupted by flattery as those whom I address, I shall not scruple to add, that such an institution may be sometimes necessary as a defense to the people against their own temporary errors and delusions. As the cool and deliberate sense of the community ought, in all governments, and actually will, in all free governments, ultimately prevail over the views of its rulers; so there are particular moments in public affairs when the people, stimulated by some irregular passion, or some illicit advantage, or misled by the artful misrepresentations of interested men, may call for measures which they themselves will afterwards be the most ready to lament and condemn. In these critical moments, how salutary will be the interference of some temperate and respectable body of citizens, in order to check the misguided career, and to suspend the blow meditated by the people against themselves, until reason, justice, and truth can regain their authority over the public mind? What bitter anguish would not the people of Athens have often escaped if their government had contained so provident a safeguard against the tyranny of their own passions? Popular liberty might then have escaped the indelible reproach of decreeing to the same citizens the hemlock on one day and statues on the next.
"It may be suggested, that a people spread over an extensive region cannot, like the crowded inhabitants of a small district, be subject to the infection of violent passions, or to the danger of combining in pursuit of unjust measures. I am far from denying that this is a distinction of peculiar importance. I have, on the contrary, endeavored in a former paper to show, that it is one of the principal recommendations of a confederated republic. At the same time, this advantage ought not to be considered as superseding the use of auxiliary precautions. It may even be remarked, that the same extended situation, which will exempt the people of America from some of the dangers incident to lesser republics, will expose them to the inconveniency of remaining for a longer time under the influence of those misrepresentations which the combined industry of interested men may succeed in distributing among them." - James Madison, Federalist No. 63
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(21) "Let a regular army, fully equal to the resources of the country, be formed; and let it be entirely at the devotion of the federal government; still it would not be going too far to say, that the State governments, with the people on their side, would be able to repel the danger." - James Madison, Federalist No. 46
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(22) "Schemes to subvert the liberties of a great community require time to mature them for execution. An army, so large as seriously to menace those liberties, could only be formed by progressive augmentations; which would suppose, not merely a temporary combination between the legislature and executive, but a continued conspiracy for a series of time. Is it probable that such a combination would exist at all? Is it probable that it would be persevered in, and transmitted along through all the successive variations in a representative body, which biennial elections would naturally produce in both houses? - Alexander Hamilton, Federalist No. 26

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2 comments:

Jay said...

Excellent history/civics lesson. I wish they would teach this material in schools.

Nothing can destroy this Republic better than a democracy - and after the last couple presidential elections, that is exactly what certain people want.

E. David Quammen said...

Indeed, General!

The lack of following the True Principles of Our Intended Republic is shameful. It is a disgrace to our forebears and very sad to witness.

We must attempt everything that it is within our power to do, to ensure the perversion ceases. Before it is to late!