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To: Durus

“It wasn’t based on a ‘tradition’ or ‘wisdom of the ancients’”

Yes, it was, partly. The Founders were by and large classically educated, and furthermore Greek- and Romaphiles. References to the ancient world abound in the Federalist Papers. Where do you think they got the term “senate” from?

On a more practical level, there is a legal principle known as “time immemorial,” or time out of mind. Aside from the Age of Enlghtenment—which some Founders, like Adams, despised—the Constitution draws on various principles from the Middle Ages and before. English law wasn’t so tied to Roman law as was continental law, but there was a massive influence. Why else all the Latin phrases?

In any case, we weren’t talking about what the Constitution was based on; we were talking about what conservatism was based on.

“What else could you possibly want to conserve any more than the Constitution, the very foundation America?”

The Constitution was the foundation of the U.S., not America. If nothing else, certain political units predating the U.S. persist under the Constitution, which should give you a clue it didn’t come ex nihilo. To answer the question, though, there’s a lot to conserve aside from the Constitution. I’d rather live without a Constitution and with some remenant of traditional morality, for instance, than a Constitution and Anything Goes.


81 posted on 09/15/2011 4:11:38 PM PDT by Tublecane
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To: Tublecane
Yes, it was, partly. The Founders were by and large classically educated, and furthermore Greek- and Romaphiles. References to the ancient world abound in the Federalist Papers. Where do you think they got the term “senate” from?

On a more practical level, there is a legal principle known as “time immemorial,” or time out of mind. Aside from the Age of Enlghtenment—which some Founders, like Adams, despised—the Constitution draws on various principles from the Middle Ages and before. English law wasn’t so tied to Roman law as was continental law, but there was a massive influence. Why else all the Latin phrases?

The fact that the founders were educated still didn't cause them to create a system based on older systems. Root language aside, the roman sentate doesn't bear any actual resembelence to the US sentate. Are you honestly suggesting that the constitution was influenced by the "wisdom of the ancients" because of latin phrases?

The Constitution was the foundation of the U.S., not America. If nothing else, certain political units predating the U.S. persist under the Constitution, which should give you a clue it didn’t come ex nihilo. To answer the question, though, there’s a lot to conserve aside from the Constitution..

Most people accept that "America" and the "United States" are synonomous terms. Any political units the predate the constitution were creations of the same people that created the constitution, therefore they have the same basis. Generally speaking nothing springs from nothing, however some things are new and unique, like our constitution.

I’d rather live without a Constitution and with some remenant of traditional morality, for instance, than a Constitution and Anything Goes.

You can't be without our constitution and still have traditional morality. Without a constitution we would live in a tyranny. A tyranny is the good example of an "anything goes" society. It appears that the basis of your comment is a false dicotomy. Can you give an example of traditional morality (meaning that it was practiced in past by Americans)that must be conserved that is not protected by the constitution.

82 posted on 09/16/2011 5:57:01 AM PDT by Durus (You can avoid reality, but you cannot avoid the consequences of avoiding reality. Ayn Rand)
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