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Constitution Fail - Why you keep doing it and how to prevent it.

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posted on Sep, 9 2015 @ 12:27 PM
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James Madison, author of the Bill of Rights and a Jeffersonian Democrat, believed without question what his patron wrote when Jefferson penned the famous line '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' and incorporated this philosophy into his legacy for America.

Madison's approach to the Bill of Rights was guided by the premise advocated by Edward Coke, that Rights applied to all equally and supported Due Process, an ideal originating in the Magna Carta, and for strong Civil Liberties. It is important to hear the echo of Jefferson's monumental statement, when contemplating Madison's incorporation of those Rights into the Constitution, as Madison also felt they were inalienable, or unable to be taken from or given away by the possessor. In other words, they were not granted by the government, but superseded any type of governmental regulation and should remain inviolate despite any sentiments to the contrary that may arise.

Madison, along with the other Framers, understood what the Constitution, in reality, actually was; a device that limited the power of government by those who consented to be governed. It was not a list of laws citizens had to follow but a list of laws the government must strictly adhere. It essence, it is not a list of governmental 'can do's' but a list of governmental 'can't do's'. It is this ideal that must be bourn in mind while contemplating the contemporary issues we currently face.

A Right is not something to be given by the government but is instead something we all inherently have and are free to utilize. What is permitted for one (or some) is permitted for all without discrimination of any type by the government. The government's sole purpose in this regard is to uphold the Rights of the individual by all means necessary. This application of Justice also falls upon the various States.

Each State, while in a manner autonomous, is part of the larger collective Federal Government and cannot enact laws which deny or abridge upon the Rights of the Citizen as enumerated in the Constitution. In the instance where this occurs and the laws are subsequently invalidated no additional action was be taken to ensure the Rights of the Citizen are secure, they automatically revert to what is enshrined in the Constitution as inalienable. The State also has not grounds to take what they cannot give.

When critically analyzing the systems we, as United States Citizens, have in place to protect our Rights it is essential to understand the unassailable message that Madison, Jefferson, et al enshrined into our Founding Documents and that this message is just as, if not more so, valid today.

 






edit on 9-9-2015 by AugustusMasonicus because: networkdude has no beer




posted on Sep, 9 2015 @ 12:33 PM
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I wish I could give an applause . Best interpretation of Constitutional rights I have ever heard.You got it . Individual rights.




posted on Sep, 9 2015 @ 12:37 PM
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originally posted by: Gothmog

I wish I could give an applause . Best interpretation of Constitutional rights I have ever heard.You got it . Individual rights.



Thank you, I appreciate that. However I cannot take credit, all I am doing is presenting an argument made by men much more eloquent than I and who put to paper what all of us know in our hearts.



posted on Sep, 9 2015 @ 12:37 PM
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Beautiful analysis.

Now if only Government adhered to some of those limitations, however, I suppose 'we the people' are ultimately responsible for taking them to task when they overstep their bounds.



posted on Sep, 9 2015 @ 12:38 PM
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a reply to: AugustusMasonicus

Up the republic!




posted on Sep, 9 2015 @ 12:39 PM
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originally posted by: Metallicus

Beautiful analysis.


Thank you, it came to me while conversing with a client this afternoon over lunch.


Now if only Government adhered to some of those limitations, however, I suppose 'we the people' are ultimately responsible for taking them to task when they overstep their bounds.


The responsibility indeed falls upon the Citizen and we must remain ever vigilant lest the government forget that it grants us nothing in regards our Rights.



posted on Sep, 9 2015 @ 12:42 PM
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originally posted by: greencmp
Up the republic!



Montesquieu understood, via Polybius's The Histories of the Roman Republic, the value of Checks and Balances.



posted on Sep, 9 2015 @ 12:44 PM
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originally posted by: greencmp
a reply to: AugustusMasonicus

Up the republic!



I thought we were a Democracy! /end sarcasm

Agreed!

Great post AugustusMasonicus!



posted on Sep, 9 2015 @ 12:45 PM
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originally posted by: seeker1963
I thought we were a Democracy! /end sarcasm

Agreed!

Great post AugustusMasonicus!


Thank you, sir. I was certain you, among others, would appreciate this thread.



posted on Sep, 9 2015 @ 12:58 PM
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a reply to: seeker1963



I thought we were a Democracy!

I see the sarcasm ,it was never meant to be a Democracy , but a "controlled" Republic. The founding fathers knew that a true Democracy would be a mob rule.



posted on Sep, 9 2015 @ 01:02 PM
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originally posted by: Gothmog
a reply to: seeker1963



I thought we were a Democracy!

I see the sarcasm ,it was never meant to be a Democracy , but a "controlled" Republic. The founding fathers knew that a true Democracy would be a mob rule.


My daughter just turned 16 and for some reason beyond my control, told me the other day our country was a Democracy.

I explained to her we were not and then gave her this example.

A Democracy is 2 wolves and a sheep voting what's for dinner. A Republic protects the sheep!

Be well my friend!



posted on Sep, 9 2015 @ 01:07 PM
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originally posted by: AugustusMasonicus

Bravo! You articulated this beautifully. Thank you!

I wish more people understood the beauty and practicality of founding principles and organic law. It's a crying shame that our children are taught so little about these important principles and the nature of our government(s). But, of course, there are too many in power who wish to keep that power and therefore don't want the masses to know their own power.

Keep singing it from the rooftops!



posted on Sep, 9 2015 @ 01:10 PM
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a reply to: seeker1963
Mind if I use that example ?



posted on Sep, 9 2015 @ 01:10 PM
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originally posted by: Boadicea
Bravo! You articulated this beautifully. Thank you!


Thank you.



I wish more people understood the beauty and practicality of founding principles and organic law. It's a crying shame that our children are taught so little about these important principles and the nature of our government(s). But, of course, there are too many in power who wish to keep that power and therefore don't want the masses to know their own power.

Keep singing it from the rooftops!


Sad to say, based on much of the recent Constitution fail I have seen that not only our children need to learn these valuable tenets but many of the adults as well.



posted on Sep, 9 2015 @ 01:16 PM
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My own mother who is educated called me crazy when I told her the Constitution limits the power of government, not the people.

Another thing that gets to me is when election times roll around and people and media say that we are selecting leaders. I believe that we are selecting public servants that represent us at local, state and federal levels. I don't know why this burns my butt so much but it does.

Good idea for thread topic. Citizens tend to forget a lot.



posted on Sep, 9 2015 @ 01:22 PM
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originally posted by: Gothmog
a reply to: seeker1963
Mind if I use that example ?


I stole it from someone else who was intelligent enough to come up with it!

I wish everyone would use it!




posted on Sep, 9 2015 @ 01:29 PM
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originally posted by: seeker1963
I stole it from someone else who was intelligent enough to come up with it!


It is often attributed to one of my favorite Founding Fathers, Ben Franklin.



posted on Sep, 9 2015 @ 01:29 PM
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a reply to: AugustusMasonicus
Great post, I guess Ill have to be the first to tarnish it. You yourself though are perfectly right however I wonder how many who have replied realize how this applies to some of the controversies we've faced recently, as I think they've committed the fail in discussing them.
ETA... Stupid phone cut me off. Kim Davis as an elected county clerk very much is the in her position, the government and has infringed on the Constitutional rights of anyone she denied a marriage license to. As the government is not allowed to discriminate based on religious grounds.


edit on 9/9/2015 by Kali74 because: (no reason given)



posted on Sep, 9 2015 @ 01:32 PM
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originally posted by: AugustusMasonicus

Sad to say, based on much of the recent Constitution fail I have seen that not only our children need to learn these valuable tenets but many of the adults as well.


Yes... this is true... and very very sad. We now have adults with little to no understanding of how this nation of rights and laws is supposed to work. Garbage in and garbage out I guess. I was lucky to have a dad who taught us and lived by these principles, and a brilliant U.S. History & Govt teacher in high school that taught far beyond what was contained in text books -- from "unauthorized" history to current events.

Years ago, two friends with master degrees in education, tried to start a charter school focusing on American govt and history in preparation for a legal career or public service, etc. They were denied and refused at every turn. Whether it was an intentional move to keep our kids -- and adults -- dumb and dumber I cannot know for sure. But I do know that the end result is the same.



posted on Sep, 9 2015 @ 01:34 PM
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originally posted by: AugustusMasonicus

originally posted by: seeker1963
I stole it from someone else who was intelligent enough to come up with it!


It is often attributed to one of my favorite Founding Fathers, Ben Franklin.


Really? Wow!

I just always loved it and never knew it's origin.





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