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Constitutional Republic
Channel 2 | 3-12-2010 | Self

Posted on 03/12/2010 4:13:53 PM PST by Marty62

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To: Marty62

I don’t know why it is here either, but I am sure glad it is! What a great article, thanks Central_Va!

Oh, now I know: Jefferson understood the D of I and the Constitution. Therefore he understood it was a Constitutional Republic. Not only did Lincoln not understand it, he attempted to destroy it. He may have succeeded, we will know this year!


21 posted on 03/12/2010 4:48:53 PM PST by Conservative9
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To: Marty62

http://www.freerepublic.com/focus/f-news/2469838/posts


22 posted on 03/12/2010 4:56:23 PM PST by La Lydia
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To: La Lydia

Sorry I didn’t see your posting.
Had heard it on the evening news.
Again my apologies La Lydia.


23 posted on 03/12/2010 4:59:37 PM PST by Marty62 (former Marty60)
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To: Marty62
The words democracy, democratic, or varients thereof DO NOT appear anywhere in the Constitution. Republican appears, but only once, in Article IV Section. 4.

The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened), against domestic Violence.

Nonetheless, "Constitutional Republic" is the proper terminology.

24 posted on 03/12/2010 5:04:09 PM PST by El Gato ("The second amendment is the reset button of the US constitution"-Doug McKay)
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To: Goreknowshowtocheat
The significance of the 17th is way overblown. The supposed power of the states was a sham from the start. The aim of the Constitution was to exert national dominance over the states. The supposed state influence was window dressing:

The State legislatures do not choose senators by legislative or sovereign authority, but by a power of ministerial agency as mere electors or boards of appointment. They have no power to direct the senators how or what duties they shall perform; they have neither power to censure the senators, nor to supersede them for misconduct.

It is not the power of choosing to office merely that designates sovereignty, or else corporations who appoint their own officers and make their own by-laws, or the heads of department who choose the officers under them, such as commanders of armies, etc., may be called sovereigns, because they can name men to office whom they cannot dismiss therefrom. The exercise of sovereignty does not consist in choosing masters, such as the senators would be, who, when chosen, would be beyond control, but in the power of dismissing, impeaching, or the like, those to whom authority is delegated.

The power of instructing or superseding of delegates to Congress under the existing confederation has never been complained of, although the necessary rotation of members of Congress has often been censured for restraining the state sovereignties too much in the objects of their choice. As well may the electors who are to vote for the president under the new constitution, be said to be vested with the sovereignty, as the State legislatures in the act of choosing senators.

The senators are not even dependent on the States for their wages, but in conjunction with the federal representatives establish their own wages. The senators do not vote by States, but as individuals. The representatives also vote as individuals, representing people in a consolidated or national government; they judge upon their own elections, and, with the Senate, have the power of regulating elections in time, place and manner, which is in other words to say, that they have the power of elections absolutely vested in them.

That the State governments have certain ministerial and convenient powers continued to them is not denied, and in the exercise of which they may support, but cannot control the general government, nor protect their own citizens from the exertion of civil or military tyranny-and this ministerial power will continue with the States as long as two- thirds of Congress shall think their agency necessary. But even this will be no longer than two-thirds of Congress shall think proper to propose, and use the influence of which they would be so largely possessed to remove it.

Antifederalist 39, A Farmer


25 posted on 03/12/2010 5:05:22 PM PST by Huck (Q: How can you tell a party is in the majority? A: They're complaining about the fillibuster.)
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To: Marty62

No apologies! I posted the link so you could read the whole story, and our posts. I thought you would be very interested. :))


26 posted on 03/12/2010 5:05:37 PM PST by La Lydia
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To: Huck

That is a good response. I just wonder if the States did appoint their Senators, I would think the power of the Feds would be somewhat diminished. I do not think the States would give up their power sooooo completely as they have with the mob-elected Senators.


27 posted on 03/12/2010 5:09:29 PM PST by Goreknowshowtocheat
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To: Goreknowshowtocheat
With the fraudulent ratification of the 17th, there is no Republic

The 17th amendment notwithstanding, we can still have a Republic with direct election of Senators. Assumming the 17th was on the up and up. But it would seem to violate the proscriptoin of Article V : "that no State, without its Consent, shall be deprived of its equal Suffrage in the Senate". However we cannot have a Federal Republic, if the states are not represented in the law making body.

We cannot have a Free Republic if the highest law is not observed or enforced by the government itself. That would include Article V and the eligibility clause of Article II.

28 posted on 03/12/2010 5:11:50 PM PST by El Gato ("The second amendment is the reset button of the US constitution"-Doug McKay)
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To: Marty62

A “republic” is where an educated populace selects wise, experienced men of integrity to lead them.

We missed the boat on that deal!


29 posted on 03/12/2010 5:16:38 PM PST by djf (Who says "The stuff of life" is not stuff? Mostly it's people who have the most stuff.)
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To: El Gato

That was my point. The 17th cannot be on the up and up because their were some states that failed to ratify it. The 17th enabled the Senator seats to be bought and the Senators so elected have very diminished loyalties to their States. The 17th is a fraud because of the verse you quoted.


30 posted on 03/12/2010 5:37:41 PM PST by Goreknowshowtocheat
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To: djf

No Doubt.

But check out Ryan. A good possibility for 2012.


31 posted on 03/12/2010 7:39:06 PM PST by Marty62 (former Marty60)
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To: La Lydia

Yes thank you!


32 posted on 03/12/2010 7:39:44 PM PST by Marty62 (former Marty60)
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To: Goreknowshowtocheat
The 17th is a fraud because of the verse you quoted.

And I tend to agree. However, my point was that absent the "no state shall be deprived" language in the original Constitution, we could still have a Republic, but it would not be a Federal Republic. It would probably be called a Unitary Republic or something like that.

Remember that the states are guaranteed, in Article IV, to have a Republican form of government, and they certainly were not federations.

33 posted on 03/12/2010 9:47:19 PM PST by El Gato ("The second amendment is the reset button of the US constitution"-Doug McKay)
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To: Allegra
The liberals on the Board of Education are furious about all of those changes

Perhaps we could take up a collection to provide them with a large supply of duct tape.

34 posted on 03/12/2010 9:48:21 PM PST by El Gato ("The second amendment is the reset button of the US constitution"-Doug McKay)
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To: Marty62; All
http://www.albatrus.org/english/goverment/govenrment/democracy%20versus%20repubblic.htm

Democracy Versus Republic

These succinct definitions of what is Democracy and what is a Republic was produced by the US Army in 1928,  These definitions have been quietly withdrawn since, soon after.

Democracy:

A government of the masses.

Authority derived through mass meeting or any other form of "direct" expression.

Results in mobocracy. 

Attitude toward property is comunistic-negating property rights.

Attitude toward law is that the will of the majority shall regulate. whether it be based upon deliberation or governed by passion, prejudice, and impulse, without restraint or regard to consequences.

Results in demagogism license, agitation, discontent, anarchy. 

Democracy is the "direct" rule of the people and has been repeatedly tried without success.

A certain Professor Alexander Fraser Tytler, nearly two centuries ago, had this to say about Democracy: " A Democracy cannot exist as a permanent form of Government. It can only exist until the voters discover they can vote themselves largess out of public treasury.  From that moment on the  majority always votes for the candidate promising the most benefits from the public treasury with the result that Democracy always collapses over a loose fiscal policy, always to be followed by a Dictatorship."

A democracy is majority rule and is destructive of liberty because there is no law to prevent the majority from trampling on individual rights. Whatever the majority says goes! A lynch mob is an example of pure democracy in action. There is only one dissenting vote, and that is cast by the person at the end of the rope.

Republic:

Authority is derived through the election by the people of public officials best fitted to represent them.

Attitude toward property is respect for laws and individual rights, and a sensible economic procedure.

Attitude toward law is the administration of justice in accord with fixed principles and established evidence, with a strict regard to consequences.

A greater number of citizens and extent of territory may be brought within its compass.

Avoids the dangerous extreme of either tyranny or mobocracy. Results in statesmanship, liberty, reason, justice, contentment, and progress.

Is the "standard form" of government throughout the world.

A republic is a form of government under a constitution which provides for the election of:

  1. an executive and

  2. a legislative body, who working together in a representative capacity, have all the power of appointment, all power of legislation all power to raise revenue and appropriate expenditures, and are required to create

  3. a judiciary to pass upon the justice and legality of their governmental acts and to recognize

  4. certain inherent individual rights.

Take away any one or more of those four elements and you are drifting into autocracy. Add one or more to those four elements and you are drifting into democracy.

Our Constitutional fathers, familiar with the strength and weakness of both autocracy and democracy, with fixed principles definitely in mind, defined a representative republican form of government. They "made a very marked distinction between a republic and a democracy and said repeatedly and emphatically that they had founded a republic."

A republic is a government of law under a Constitution. The Constitution holds the government in check and prevents the majority (acting through their government) from violating the rights of the individual. Under this system of government a lynch mob is illegal. The suspected criminal cannot be denied his right to a fair trial even if a majority of the citizenry demands otherwise.


Difference between Democracy and Republic, in brief:

Democracy:
a:
government by the people; especially : rule of the majority.

b: a government in which the supreme power is vested in the people and exercised by them directly or indirectly through a system of representation usually involving periodically held free elections.

Attitude toward law is that the will of the majority shall regulate, whether it be based upon deliberation or governed by passion, prejudice, and impulse, without restraint or regard to consequences

Republic
 a: a government having a chief of state who is not a monarch and who in modern times is usually a president  : a political unit (as a nation) having such a form of government.

b: a government in which supreme power resides in a body of citizens entitled to vote and is exercised by elected officers and representatives responsible to them and governing according to law.

 

Democracy and Republic are often taken as one of the same thing, but there is a fundamental difference.  Whilst in both cases the government is elected by the people, in Democracy the majority rules according to their whims, whilst in the Republic the Government rule according to law.  This law is framed in the Constitution to limit the power of Government and ensuring some rights and protection to Minorities and individuals.

35 posted on 03/13/2010 3:47:05 AM PST by backhoe (All Across America, the Lights are being relit again...)
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To: backhoe

I certainly prefer the Contitutional Republic Especially since some of my GGGGG’s had a part in the fight for it.


36 posted on 03/13/2010 6:27:08 AM PST by Marty62 (former Marty60)
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