Monday, May 27, 2013

"the English and the United States constitutions"

"...What, however, Englishmen claim often by obscure inferences and antiquarian research, has been in America cleared of all doubt, and set forth in express declarations. But the vigour and healthy character of the branch are unquestionable proofs of the intrinsic virtue of the parent stem, which, in reverence to our fore-fathers, and in justice to our children, we are bound to train up to its true destination.

   "The old guarantees are, amongst others, the general supremacy of law over all discretion;--the right to personal liberty;--freedom of speech, and the kindred right of free printing;--the right of calling for special amendments of the law when defective, and of seeking general amendments in the forms of the constitution when not adapted to their end--the public good;--the right to know the details of whatever concerns the people, and of assembling together to discuss these details;-- the power of resisting and correcting evil rulers, by indictment, by impeachment, and other-wise; the right of having arms;--of sending representatives to consent to taxes and when needed;--and the direct responsibility of every man for his own acts, with the impossibility of a superior's instructions being admitted in bar of that responsibility. Such are the main objects common to both the English and the United States constitutions, however differently guarded in each.

   "The new guarantees of the public welfare peculiar to the United States are more complete than in England: such as a separation of the legislative, executive, and judicial authorities; the degree of control possessed by the people, by frequent elections, either directly or indirectly, over all those authorities and public functionaries; rotation in office; the prohibition of orders of nobility; the substitution of a temporary president with narrow powers, for an hereditary king with limited authority; the abolition of the right of primogeniture; the absence generally of exclusive privileges; the absence of a national church and tithes; the establishment of the equality of all denominations of Christians; the admission of its being a public duty to educate the whole community; and the frequent reference of great affairs to the people in conversation. vol. ii. pp. 310--313."

[THE MUSEUM Of Foreign Literature and Science. Vol. XXI. July to December, 1832. PUBLISHED BY E. LITTELL, CHESTNUT STREET PHILADELPHIA, E.J. COALE, AND J.S. LITTELL, BALTIMORE, AND G. & C. & H. CARVILL, BROADWAY, NEW YORK. 1832. Pg. 254]

It surely doesn't seem that "the right of having arms" is "common to both the English and the United States constitutions". To Wit:
"The right of the people to keep and bear arms shall not be infringed, and this without any qualification as to their condition or degree, as is the case in the British government...."

"....This may be considered as the true palladium of liberty....The right of self-defense is the first law of nature; in most governments it has been the study of rulers to confine this right within the narrowest limits possible. Whenever standing armies are kept up, and the right of the people to keep and bear arms is, under any color or pretext whatsoever, prohibited, liberty, if not already annihilated, is on the brink of destruction."

"...In America we may reasonably hope that the people will never cease to regard the right of keeping and bearing arms as the surest pledge of their liberty..."

- St. George Tucker, Blackstone's Commentaries,(1803). (Mr. Tucker was a Lawyer and Professor of law at the College of William and Mary. He was appointed one of the committee to revise the laws of Virginia, and he served with James Madison and Edmund Randolph as Virginia commissioners to the Annapolis Convention. In 1803 Tucker became a judge of the highest court in Virginia. In 1813 he was appointed by President James Madison to be the United States district judge for Virginia. Tucker also, as District Court judge, sat with Chief Justice John Marshall on the U.S. Circuit Court in Richmond.).
 Although the actions of many of our usurping government(s), particularly over the last 80 years, are certainly bringing it closer in appearance to the English model.

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