Posted on 09/20/2002 6:31:53 AM PDT by The Unnamed Chick
Nope.
This persons statement was just one more turd in the FR punch bowl......
Stay Safe !
Yes, Libertarianism would be destructive of those rights.
How so?
When we stop reading and believing the simple words of the constitution, and rely instead on gnomish "experts" and government toadies to interpret it for us, then we will be lost.
"It is agreed by those who have seriously considered the subject, that no individual has, of natural right, a separate property in an acre of land, for instance. By an universal law, indeed, whatever, whether fixed or movable, belongs to all men equally and in common, is the property for the moment of him who occupies it, but when he relinquishes the occupation, the property goes with it. Stable ownership is the gift of social law, and is given late in the progress of society." --Thomas Jefferson
In each person's life internal authority takes precedence over external authority. That some people choose to sacrifice their own authority to external authority is always a net negative/loss to themselves and society.
Even if there were no Second Amendment, the right to live and the means to protect your life is an un-numerated right shared by all humans.. Even animals have fangs.
I for one will not let my state(ca) decide that the federal government does not pose a threat to me.
The Fifth Amendment provides also that no person shall be [302 U.S. 319, 324] compelled in any criminal case to be a witness against himself.
Except,of course you must by federal law file an income tax return.
"The Second Amendment declares that it shall not be infringed, but this, as has been seen, means no more than that it shall not be infringed by Congress." -
Then why didn't the drafters start the second amendment like the first,i.e.,Congress shall make no law...?
The right to defend one's self inures with being,it is not granted by ANY government entity.It may not be rescinded by ANY gov't entity,congress,board of supes,Scotus,none.You can cite case law til you're blue in the face.
Assemble
The Bill of Rights was enacted for the purpose of declaring already understood limitations on the powers the Constitution granted to the federal goverment.
States don't derive their powers from the United States Constitution, the Constitution is their delegation of enumerated powers to the federal government.
I don't agree. Certainly, some laws would be subsumed by those general principles, but how is that any different than the fact that laws now can be said to reflect, for lack of a better term, "American" principles? Perhaps an example might better help me see what you're getting at.
The Locke quote logically validates mob rule also.
All of the quotes you've presented here have been cut to limit their extent to logically justify any rule including the present govm't in Iraq. The people there do will it to continue you know, there is effective opposition. That's amazing, since it does lie in the lands of Allah and the world of jihad. If the people don't will it, how come the jihadists aren't active there? Is the govm't of Iraq a just form of govm't, or is it simply justified , because it was established and controlled by an effective majority of freemen?
How Judges that Presided Over Jury Trials
for More than a Century Routinely Violate the Constitution --
Clearing the Way for Advancing a Leviathan Government
"As a practical matter, I don't know how this is different from the beginning of a trial, when you tell the jurors you have to follow the law as I state it," Warren said. "I just won't give [the disapproved instruction]." California Supreme Court Don't Tell Jurors to Rat on Each Other
The above statement in bold told to jurors, since 1894 has been in violation of each Defendant's Sixth Amendment right to an impartial jury.[1] The Sixth Amendment reads:
"In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed..."
Prior to 1894 judges routinely told jurors that they were to judge the facts and the law. ...And the law. For the defendant, a jury that judges the law upholds the defendant's right to a jury that is not partial for the government. It is the defendant's right to have a jury that judges the law as well as the facts.
To judge all facts in the case includes judging the most critical fact -- that a person was charged with breaking a certain and specific law or laws. Without that there can be no case to take to trial. It is the primary and most critical fact for which the government makes its case. Pressing criminal charges against a person gets the process in motion. The reason it must be the prosecution that gets the process started is because the suspect/defendant is innocent. Innocent until proven guilty in court.
Thus it was not the person's/defendant's actions that initiated force against any person or their property. For, until the defendant has received the verdict it is not known whether the arresting law enforcement officer acted in self-defense in correctly upholding the law or unknowingly acted with initiation of force while attempting to uphold the law. That is, the LEO making the arrest had reason to believe the person broke the law and then the DA (district attorney) pressed charges against the suspect. Yet the LEO/DA/government don't know for certain that the suspect/defendant broke the law. That detail will be answered by the jury.
What does it mean when the jury's verdict is an acquittal? It means the charges against the defendant were in error. That is, the defendant never broke the law he was charged with breaking. The law has been judged by the jury to have been wrongfully charged against the defendant. The jury says, "No. The law does not apply to the defendant breaking it. The law only applies in that the defendant abided the law." The law has been deemed to have been wrongfully applied -- the law does not apply to the defendant.
Guess what? That's what jury nullification is -- the jury discovers the same thing. That is, with jury nullification the jury decides that the law does not apply to the defendant -- the law had been wrongfully applied.
As per the Sixth Amendment the defendant has the right to an impartial trial wherein the jury judges the law. For there is no way the jury can avoid judging the law. The jury has only two choices, 1) the law was correctly applied/charged against the defendant, or 2) the law was wrongfully applied/charged against the defendant.
It is each judge's job responsibility to ensure that the defendant's Sixth Amendment rights are protected. The primary key to each trial is the laws that the defendant is charged to have violated. It is by way of the facts presented by the prosecution and the defense during the trial that the primary key -- law as charged -- is judged to have been correct or in error. The facts presented by the prosecution and defense are secondary. That's the nature of cause and effect relationships. When one thing cannot exist without the other first being present the first thing is primary and the effect of that is secondary.
It is accepted that the defendant acted in a manner that appeared to have broken the law and was one factor in the LEO's/DA's/government's judgment that the person's actions violated the law. It cannot be misconstrued that the defendant's actions are the primary cause. For the defendant is deemed innocent and only suspected to have broken the law. The primary cause is the LEO's/DA's/government's judgment to set the court process in motion -- not the suspect's actions.
As per the Sixth Amendment an impartial jury favors neither the government nor the defendant.
Each jury that each judge has failed to inform the jury that they are to judge the law as well as the facts as they pertain to the case/trial has caused each of those juries to favor the government over the defendant.
Since 1894 each judge that has presided over jury trials has routinely violated the constitution. Concurrently, each defendant in each of those trials has had his or her Sixth Amendment right to an impartial jury violated. ....Violated by the judge presiding over the trial.
"At issue in People v. Engelman, 02 C.D.O.S. 6411, was California Jury Instruction 17.41.1, which judges give before deliberations. It directs jurors to advise the court if they suspect someone is refusing to discuss the evidence or plans to disregard the law." California Supreme Court Don't Tell Jurors to Rat on Each Other
As shown earlier the jury cannot disregard the law for it is the law that is the primary key being judged.
"Unless jurors are informed of their solemn responsibility to report misconduct, I predict that many judgments will be reversed simply because the trial judge never had the opportunity to cure the problem." California Supreme Court Don't Tell Jurors to Rat on Each Other
That is absurdly trivial compared to the fact that virtually every judge presiding over jury trials routinely violates defendants' Sixth Amendment rights. That's a valid reason why many judgments will be reversed. ...Reversed simply because the judge violated the defendant's Sixth Amendment right to an impartial jury when he or she instructed the jury to favor the government over the defendant. The misconduct originates with the judges violation of each defendant's right to an impartial jury.
* * *
1. "Gray and Shiras (Justices), Dissent: Sparf and Hansen v. U.S., 156 U.S. 51, October Term, 1894. The classic opinion of the two dissenting justices on the case which effectively ended routine instruction of juries in their right to judge both law and fact. The majority ruled that while jurors do have the power to nullify the law, judges need not tell them about it, except in cases where state laws or constitutions specify that jurors must be told."
How far could a Libertarian "judge" carry that? Carte blanche?
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