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To: DiogenesLamp
[1894] Pretty far away from the founding era if you ask me.

I suppose. Of course it's 119 years closer to that era than you are.

I just noticed another part of the book that might interest you. He writes

Accustomed as we are to the progress of free institutions in civilized lands during the present century, it is difficult to realize that in 1787, at the time this Convention met, the only nations that actually possessed such liberties were England and little Switzerland.
But in a footnote to that sentence, he adds
No one claims that the Constitution of the United States is indebted to Switzerland for its characteristics. In the debates of the Philadelphia Convention, Swiss institutions were mentioned only to be criticised. — See Elliot's Debates, V. 201, 208, 236.

278 posted on 05/11/2013 2:14:24 PM PDT by Ha Ha Thats Very Logical
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To: Ha Ha Thats Very Logical
I suppose. Of course it's 119 years closer to that era than you are.

Physically perhaps. Philosophically? I'm right there in the founding era.

I just noticed another part of the book that might interest you. He writes

Accustomed as we are to the progress of free institutions in civilized lands during the present century, it is difficult to realize that in 1787, at the time this Convention met, the only nations that actually possessed such liberties were England and little Switzerland.

And from which one did we copy our ideas of Government? Certainly not England. Yes, that does support my conjecture.

But in a footnote to that sentence, he adds

No one claims that the Constitution of the United States is indebted to Switzerland for its characteristics. In the debates of the Philadelphia Convention, Swiss institutions were mentioned only to be criticised. — See Elliot's Debates, V. 201, 208, 236.

Does it not occur to him that criticism of a pre-existing form of government is itself a contribution to the character of the subsequent one? By examining the Swiss form of government, people could see where it needed to be improved, and thereby avoid the mistakes already discovered in it. Had they not led the way, we might have stumbled into the same pitfalls as beset the Swiss.

It is by criticism of the Original Draft of the US Constitution that we obtained a bill of rights. Therefore, you might say that the character of the bill of rights was formed by criticism of the Constitution.

Further reading on the subject.

309 posted on 05/12/2013 10:33:26 AM PDT by DiogenesLamp (Partus Sequitur Patrem)
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