Reflections Upon the U.S. Supreme Court's Rejection of Silveira

Keep and Bear Arms ^ | 4 December 2003 | Peter J. Mancus

[Badray]

I can't, or at least, won't argue with you on that. The rest of the article far out weighs that line and is why it didn't come to mind. Thanks.

[45Auto]

Of course, then there's this little gem from one of the guys who actually wrote the Constitution:

"Revolutions like this have happened in almost every country in Europe: similar examples are to be found in ancient Greece and ancient Rome: instances of the people losing their liberty by their own carelessness and the ambition of a few. We are cautioned…against faction and turbulence: I acknowledge that licentiousness is dangerous, and that it ought to be provided against: I acknowledge also the new form of Government may effectually prevent it: Yet, there is another thing it will as effectually do: it will oppress and ruin the people…I am not well versed in history, but I will submit to your recollection whether liberty has been destroyed most often by the licentiousness of the people or by the tyranny of rulers? I imagine, Sir, you will find the balance on the side of tyranny!" - Patrick Henry

[45Auto]

"In addition, Henry was not one to rely on parchment barriers to keep the grasping hand of the state at bay. To believe that mere laws, created by men, could keep a mighty government at bay is a delusion – a fool’s game of wishful thinking. Just as he had prophesized before the beginning of the Revolution, liberty would never be preserved by anything but force:

"Guard with jealous attention the public liberty. Suspect everyone who approaches that jewel. Unfortunately, nothing will preserve it but downright force. Whenever you give up that force, you are inevitably ruined…The Honorable Gentleman who presides told us, that to prevent abuses in our government, we will assemble in Convention, recall our delegated powers, and punish our servants for abusing the trust reposed to them. Oh, Sir, we should have fine times indeed, if to punish tyrants, it were only necessary to assemble the people!

" Your arms wherewith you could defend yourselves are gone…Did you ever read of any revolution in any nation, brought about by the punishment of those in power, inflicted by those who had no power at all? A standing army we shall have also, to execute the execrable commands of tyranny: And how are you to punish them? Will you order them to be punished? Who shall obey these orders? " - Patrick Henry

[45Auto]

"Unlike Henry, we have bought the lie that government made us rich, and that government can keep us that way. We have accepted the farce that an armed and independent people means nothing in the face of great dangers in far away lands. Indeed, these are the same lies spouted in Henry’s time. As Patrick Henry knew, Federalists, the ideological great-grandfathers of our own tax-happy centralizers, built everything on fear. Fear of economic decay, fear of foreign enemies, and fear of disunity. For a civilized and free people, the answers to such fears could no more be found in the hands of government in 1788 as today. Indeed, for Henry, it is those hands that are the only true threat to liberty.

“Fear is the passion of slaves” Henry tells us, for an armed and confident people are sure of their liberties, and not afraid to demand them. But we live in a country ruled by fear. Fear of terrorists, or criminals, or punishment by the state. How then, can we conclude anything other than that we are ourselves slaves? It would appear that we can not, and Patrick Henry would no doubt agree." - Ryan McMaken

[45Auto]

I like Peter Mancus; he is a passionate fellow when it comes to liberty, just like most Freepers. I share all of his concerns.

[El Gato]

While the priveleges and immunities statement in Art. IV sec. 2, may be the only mention of "imunities" in the original Constitution, there is another example of what they meant by a "privelege", and it wasn't a government issued permission. Sec. 9 of Art. II, which is a series of limitations on federal governmental power, most especially the power of Congress to pass laws, says:

The Privilege of the Writ of Habeas Corpus shall not be suspened, unless when in cases of Rebellion or Invasion, the public Safety may require it.

The Writ of Habeas Corpus has been called the "Great Writ", and "the fundamental instrument for safeguarding individual freedom against arbitrary and lawless state action." Harris v. Nelson, 394 U.S. 286, 290-91 (1969).

[45Auto]

See the whole article "Patrick Henry: Enemy of the State" here

[archy]

There will come a time in the future when this country goes to war with itself. We are a nation divided right now. Half of the country thinks the government is & should be the provider of everything. Those people want a free ride. The rest of us are the victims of these society leeches. How many will fight when the time comes? There is trouble brewing....we have been likes frogs in a pot of warm water. The temperature is increasing daily & we either need to jump out of the pot or we'll get boiled alive.

There are those here at FR who consider such things on a airly regular basis, more and more recently, it seems. Care to join us?

-archy-/-

[Badray]

Thanks for the posts and the link.

[El Gato]

The U.S. Supreme Court, by rejecting the excellent Silveira petition, has, in effect, functioned somewhat like "the three monkeys—see no evil, hear no evil, speak no evil." but, they read the Silveira petition.

Are we really certain that they even read it? How do we know? The answer of course is we don't, because as Angel Shamaya points out in his introduction to the article on the linked page, they conduct their deliberations in secret, and only if they, even only one of them, stoop to inform us, can we know on what basis they decided not to hear the case.

[45Auto]

My bet is that only three (and to accept cert. it takes four) of the judges agreed: Scalia, Thomas, Rehnquist. They all have office staff to read and advise them. Some may have read the cert. petition and amicus briefs, but you're right: we will never know.

[Noumenon]

The time draws ever closer when the only justice you'll be able to find is that which you make for yourself.

The trouble with every Utopian agenda is that all of its arguments invariably devolve to the gun and the gulag; from there it's a steep descent into anarchy and savagery. It's starting to look as if the 20th century will have nothing on the 21st when it comes to mass murder, slavery and genocide.

[Feiny]

I am not sure I'd join a club that would have me as a member....

[ZULU]

The Founding Document of this Republic is NOT the Constitution. It is the Declaration of Independence. The Declaration for the first time in history stated that the basic rights of man come NOT from the State, but from God.

What God has given, the State may NOT take away. It further stated that ALL governments derive their just power from the people, not from the majesty of any ruler. This is thinking derived from the Age of Enlightenment - one of the greatest periods of human political thought in history.


The Bill of Rights in effect recognizes those God-given Rights which NO government may abridge or take away - the right to say what you want, to worship and pray to your Creator as you choose, to assemble and petition the government, to defend yourself, your family and your country, etc. Implicit in the wording of the Declaration of Independence and the 2nd Amendment is the Right of the people to change or alter their government if it becomes oppressive, and to use arms to do so when alternative methods have failed. ".. that governmetns are instituted among men, deriving their just powers from the consent of the governed, that whenever a governmnet becomes abusive of these ends, it is the right of the people to alter or to abolish it..." (Declaration of Independence.)

Incrementally, we have allowed a monster to grow in our midst. Every day, the appointed judges, professional politicians, appointed beaurocrats become more and more entrenched, more and more arrogant, more and more self-righteous. They no longer respond to the wishes or concerns of the people at large, and impose their OWN views on issues of major concern, deaf to the opinions of the majority of us. The most egregious of these offenders are the Courts.

The Courts were established to apply the laws enacted by the legislature and assure that our God-given rights - guarenteed, NOT GRANTED - by the State, are protected. The Courts no longer do so. They disregard the very founding documents they are sworn to uphold and protect, and substitute instead a new agenda - an agenda based NOT on the founding principles of this Republic, but on their own personal views, and the OPINIONS OF FOREIGN GOVERNMENTS on social issues.

Most of the Justices of the Supreme Court are not Judges - they are public enemies. Sandra Day O'Connor, drifing into senility, is on record as stating that our laws should take into account world opinion. Similar mouthings have also come from Kennedy. Souter is a freak - an unmarried recluse living in relative isolation, he was thrust upon the nation as a dark horse candidate who evolved into a manifest idiot. Breyer, Stevens and Bader-Ginsburg are doctrinaire leftists who believe the Constitution means whatever the majority on the Court feels it means at the moment, rather than what the Founding Fathers CLEARLY intended.

We need a President and a Congress which will either IGNORE
their decisions, impeach them for the high crime and misdemnor of refusing to apply the very document they are sworn to uphold, or who will "pack" that Court with additional judges who will apply the Constitution as the Founding Fathers originally intended, or to the very best that that intention may be discerned.

Even more, we need an educated, intelligent electorate who is aware that polticians and judges are stealing their Country, their Rights, and the heritage of their own children and grandchildren, and who are willing to do something about it.

Democracy only works if the people care.

May God D@mn that Court.

But may God protect and defend the United States of America from His Righteous Wrath for having forgotten the God which made us great.

[45Auto]

Great analysis: How about this?

[45Auto]

[45Auto]

I can't resist - one more:

[45Auto]

[PhilDragoo]

The current government exists to perpetuate itself, unfettered by any Declaration, Constitution, Bill of Rights.

[Lurker]

For later.

L