Federalist #10 | Mark Levin

Mark Levin reads from and comments on FEDERALIST #10:

  • “Federalist No. 10 is an essay written by James Madison as the tenth of The Federalist Papers: a series of essays initiated by Alexander Hamilton arguing for the ratification of the United States Constitution. Published on November 22, 1787 under the name ‘Publius’, Federalist No. 10 is among the most highly regarded of all American political writings” (WIKI).

See also: Limiting an Overreaching Federal Government: Is State Nullification the Solution? A Constitutional Analysis

U N I T E D States – Mark Davis

Mark Davis filled in for Dennis Prager, and when he does, the Constitutional guidelines are typically discussed. (See my previous upload of Mark “Roe v Wade and States Rights Explained“) In this segment[s], he takes a call from a challenger and opines more on his previous statements.

Our Founders Hated “Direct Democracy”

(Originally posted in April of 2015)

Take note of Article IV, Section 4 of the Constitution reads:

  • “The United States shall guarantee to every state in this union a republican form of government

I tell my kids that we do not have a democracy, but a Democratic REPUBLIC; and I am basing these on the Constitution and the authors (and signers) understanding of it (commonly referred to as “original intent”).  Our Founders had an opportunity to establish a democracy in America but chose not to.  In fact, they made very clear that we were not – and never to become – a democracy:

James Madison (fourth President, co-author of the Federalist Papers and the “father” of the Constitution) – “Democracies have ever been spectacles of turbulence and contention; have ever been found incompatible with personal security, or the rights of property; and have, in general; been as short in their lives as they have been violent in their deaths.”

John Adams (American political philosopher, first vice President and second President) – “Remember, democracy never lasts long.  It soon wastes, exhausts, and murders itself.  There never was a democracy yet that did not commit suicide.”

Benjamin Rush (signer of the Declaration) – “A simple democracy is one of the greatest of evils.”

Fisher Ames (American political thinker and leader of the federalists [he entered Harvard at twelve and graduated by sixteen], author of the House language for the First Amendment) – “A democracy is a volcano which conceals the fiery materials of its own destruction.  These will provide an eruption and carry desolation in their way.´ /  “The known propensity of a democracy is to licentiousness [excessive license] which the ambitious call, and the ignorant believe to be liberty.”

Governor Morris (signer and penman of the Constitution) – “We have seen the tumult of democracy terminate… as [it has]  everywhere terminated, in despotism….  Democracy!  Savage and wild.  Thou who wouldst bring down the virtous and wise to thy level of folly and guilt.”

John Quincy Adams (sixth President, son of John Adams [see above]) – “The experience of all former ages had shown that of all human governments, democracy was the most unstable, fluctuating and short-lived.”

Noah Webster (American educator and journalist as well as publishing the first dictionary) – “In democracy… there are commonly tumults and disorders…..  therefore a pure democracy is generally a very bad government.  It is often the most tyrannical government on earth.”

John Witherspoon (signer of the Declaration of Independence) – “Pure democracy cannot subsist long nor be carried far into the departments of state – it is very subject to caprice and the madness of popular rage.”

Zephaniah Swift (author of America’s first legal text) – “It may generally be remarked that the more a government [or state] resembles a pure democracy the more they abound with disorder and confusion.”

CATO Article:

Critics have long derided the Electoral College as a fusty relic of a bygone era, an unnecessary institution that one day might undermine democracy by electing a minority president. That day has arrived, assuming Gov. Bush wins the Florida recount as seems likely.

The fact that Bush is poised to become president without a plurality of the vote contravenes neither the letter nor the spirit of the Constitution. The wording of our basic law is clear: The winner in the Electoral College takes office as president. But what of the spirit of our institutions? Are we not a democracy that honors the will of the people? The very question indicates a misunderstanding of our Constitution.

James Madison’s famous Federalist No. 10 makes clear that the Founders fashioned a republic, not a pure democracy. To be sure, they knew that the consent of the governed was the ultimate basis of government, but the Founders denied that such consent could be reduced to simple majority or plurality rule. In fact, nothing could be more alien to the spirit of American constitutionalism than equating democracy will the direct, unrefined will of the people.

Recall the ways our constitution puts limits on any unchecked power, including the arbitrary will of the people. Power at the national level is divided among the three branches, each reflecting a different constituency. Power is divided yet again between the national government and the states. Madison noted that these two-fold divisions — the separation of powers and federalism — provided a “double security” for the rights of the people.

What about the democratic principle of one person, one vote? Isn’t that principle essential to our form of government? The Founders’ handiwork says otherwise. Neither the Senate, nor the Supreme Court, nor the president is elected on the basis of one person, one vote. That’s why a state like Montana, with 883,000 residents, gets the same number of Senators as California, with 33 million people. Consistency would require that if we abolish the Electoral College, we rid ourselves of the Senate as well. Are we ready to do that?

The filtering of the popular will through the Electoral College is an affirmation, rather than a betrayal, of the American republic. Doing away with the Electoral College would breach our fidelity to the spirit of the Constitution, a document expressly written to thwart the excesses of majoritarianism. Nonetheless, such fidelity will strike some as blind adherence to the past. For those skeptics, I would point out two other advantages the Electoral College offers.

First, we must keep in mind the likely effects of direct popular election of the president. We would probably see elections dominated by the most populous regions of the country or by several large metropolitan areas. In the 2000 election, for example, Vice President Gore could have put together a plurality or majority in the Northeast, parts of the Midwest, and California.

The victims in such elections would be those regions too sparsely populated to merit the attention of presidential candidates. Pure democrats would hardly regret that diminished status, but I wonder if a large and diverse nation should write off whole parts of its territory. We should keep in mind the regional conflicts that have plagued large and diverse nations like India, China, and Russia. The Electoral College is a good antidote to the poison of regionalism because it forces presidential candidates to seek support throughout the nation. By making sure no state will be left behind, it provides a measure of coherence to our nation.

Second, the Electoral College makes sure that the states count in presidential elections. As such, it is an important part of our federalist system — a system worth preserving. Historically, federalism is central to our grand constitutional effort to restrain power, but even in our own time we have found that devolving power to the states leads to important policy innovations (welfare reform).

If the Founders had wished to create a pure democracy, they would have done so. Those who now wish to do away with the Electoral College are welcome to amend the Constitution, but if they succeed, they will be taking America further away from its roots as a constitutional republic.

How did the terms “Elector” and “Electoral College” come into usage?

The term “electoral college” does not appear in the Constitution. Article II of the Constitution and the 12th Amendment refer to “electors,” but not to the “electoral college.” In the Federalist Papers (No. 68), Alexander Hamilton refers to the process of selecting the Executive, and refers to “the people of each State (who) shall choose a number of persons as electors,” but he does not use the term “electoral college.”

The founders appropriated the concept of electors from the Holy Roman Empire (962 – 1806). An elector was one of a number of princes of the various German states within the Holy Roman Empire who had a right to participate in the election of the German king (who generally was crowned as emperor). The term “college” (from the Latin collegium), refers to a body of persons that act as a unit, as in the college of cardinals who advise the Pope and vote in papal elections. In the early 1800’s, the term “electoral college” came into general usage as the unofficial designation for the group of citizens selected to cast votes for President and Vice President. It was first written into Federal law in 1845, and today the term appears in 3 U.S.C. section 4, in the section heading and in the text as “college of electors.”

Robert Mueller’s Appointment Is Unconstitutional

(Via MARK LEVIN) The appointment of Robert Mueller violates the constitution, which means every subpoena, indictment, and plea bargain should be null and void. On his radio show, Levin said every person under a subpoena, or indictment, or has a case against them via Muller should walk into their respective Federal Court Building and make this case before a Federal Judge. While Mark said he is the first to promote this… he is not in fact the first.

  • H/T to Northwestern Law School Professor Steven Calabresi, who raised many of these points, and more, with me and a few other friends and colleagues over the weekend, in a well-researched opinion he shared with us. He deserves great credit.

BUT LEVIN wasn’t the first to promote this idea. Lionel is working from a previous article — mind you, Lionel is a conspiracy guy, so is ZERO-HEDGE, but the issue is one of settled Constitutional law in 1988:

Here is LIONEL’s description of the above:

Lionel reviews noted jurist Steven Calabresi’s thesis that Robert Mueller’s investigation has crossed the legal line, explaining that it’s unconstitutional under Morrison vs Olson. Mr. Mueller’s investigation has crossed a constitutional line, for reasons the U.S. Supreme Court made clear in the 1988 case Morrison v. Olson. That case is best known for Justice Antonin Scalia’s powerful lone dissent arguing that the post-Watergate independent counsel statute was unconstitutional. But Chief Justice William Rehnquist’s opinion for the court, while upholding the statute, set forth limits that the Mueller investigation has exceeded.

At issue is the Constitution’s Appointments Clause, which provides that “principal officers” must be appointed by the president with the Senate’s consent. Rehnquist wrote that independent counsel Alexia Morrison qualified as an “inferior officer,” not subject to the appointment process, because her office was “limited in jurisdiction” to “certain federal officials suspected of certain serious federal crimes.”

Mr. Mueller, in contrast, is investigating a large number of people and has already charged defendants with many different kinds of crimes, including – as in Mr. Manafort’s case – ones unrelated to any collaboration between the Trump campaign and Russia. That’s too much power for an inferior officer to have. Only a principal officer, such as a U.S. attorney, can behave the way Mr. Mueller is behaving. Mr. Mueller is much more powerful today than any of the 96 U.S. attorneys. He is behaving like a principal officer.

Here is ZERO HEDGE excerpting the WALL STREET JOURNAL article:

Judge T.S. Ellis has expressed skepticism about the scope of special counsel Robert Mueller’s investigation. “What we don’t want in this country is… anyone with unfettered power,” Judge Ellis, who is to preside over the trial of former Trump campaign manager Paul Manafort, told prosecutor Deputy Solicitor General Michael Dreeben May 4. “So it’s unlikely you’re going to persuade me that the special prosecutor has unlimited powers.”

Judge Ellis is right to be skeptical. Mr. Mueller’s investigation has crossed a constitutional line, for reasons the U.S. Supreme Court made clear in the 1988 case Morrison v. Olson. That case is best known for Justice Antonin Scalia’s powerful lone dissent arguing that the post-Watergate independent counsel statute was unconstitutional. But Chief Justice William Rehnquist’s opinion for the court, while upholding the statute, set forth limits that the Mueller investigation has exceeded.

At issue is the Constitution’s Appointments Clause, which provides that “principal officers” must be appointed by the president with the Senate’s consent. Rehnquist wrote that independent counsel Alexia Morrison qualified as an “inferior officer,” not subject to the appointment process, because her office was “limited in jurisdiction” to “certain federal officials suspected of certain serious federal crimes.”

Mr. Mueller, in contrast, is investigating a large number of people and has already charged defendants with many different kinds of crimes, including – as in Mr. Manafort’s case – ones unrelated to any collaboration between the Trump campaign and Russia. That’s too much power for an inferior officer to have. Only a principal officer, such as a U.S. attorney, can behave the way Mr. Mueller is behaving. Mr. Mueller is much more powerful today than any of the 96 U.S. attorneys. He is behaving like a principal officer.

Rehnquist’s majority opinion has never been overturned. In Edmund v. U.S. and in Free Enterprise Fund v. Public Company Oversight Board, the justices said that an officer cannot be inferior unless he has a boss – as Mr. Mueller does in Deputy Attorney General Rod Rosenstein, who appointed him. But that’s not a sufficient condition. As a principal officer, Mr. Rosenstein could legally have brought all the indictments Mr. Mueller has. But he may not delegate that authority to Mr. Mueller, any more than President Trump could delegate his veto power to Mr. Rosenstein.

Trey Gowdy Served Up A Can of Whoop Ass

Mark Levin delves into the insane ideas from the Party I find the most in common with (the GOP) that somehow Congress can legislate or Mandate that Trump not fire Mueller. This is evidence that some well-known names in the Republican Party have no idea about our Founding document or passion to adhere to It’s clear enumerated guiding lines of separation of powers. Levin also delineates clear investigatory lines regarding Trey Gowdy’s assertion regarding Mueller’s mandate. Classic Levin!

California vs. America

Below are two positions taken by a left leaning columnist and a right leaning columnist that essentially say the same thing. SOMETHING, mind you, Dennis tapped into some time ago in his article entitled, “AMERICA’S SECOND CIVIL WAR.” Here are the other two articles mentioned in these audios:

  1. Tim Arango of the New York Times: “In Clash Between California and Trump, It’s One America Versus Another
  2. Michael Walsh* at American Greatness: “Democrats Fire on Fort Sumter

Before beginning I just wish to say that California is working against the clear Constitutional mandates that the Federal government controls and protects its borders… and the Trump administration is working against the Constitution in its trying to fight against California’s legalization of marijuana. NOTE! If you are for the state of California choosing to legalize pot, but against the state defining marriage as between one-man and one-woman… you are a confused individual who makes choices on emotion and not Constitutional foresight/understanding. When Walsh and Prager discuss “arresting California lawmakers,” in my minds eye the legal standing ta do this is Article IV, Section 4 of the Constitution — which reads:

  • “The United States shall guarantee to every state in this union a republican form of government

I have been warning about this for years in regard to The Golden State… California is setting itself and our country up for a world of hurt.

NEW YORK TIMES:

AMERICAN GREATNESS:

* Michael Walsh is a journalist, author, and screenwriter. He was for 16 years the music critic of Time Magazine. His works include the novels, “As Time Goes By,” “And All the Saints” (winner, 2004 American Book Award for fiction) and the “Devlin” series of thrillers; as well as the recent nonfiction bestseller, “The Devil’s Pleasure Palace.” A sequel, “The Fiery Angel,” is scheduled to appear in 2018.

Christians Discriminated Against By Gay Coffee Shop Owner

<< LANGUAGE WARNING >>

  • That’s what happens when you order a tall drip instead of a whipped, half-caf, blended, soy, mocha frappicino, blended chocolate burst!!! they brought this on themselves – Facebook Friend

Joking aside, one should know at the outset, that I agree with the coffee shop owner. He should be able to serve whom he wants and whom he does not. I posted elsewhere that if he puts up a sign saying,

  • “No One Allowed But Gay Middle-Aged Men In Borat Bathing Suits.”

He has that right – dammit! JUST LIKE a Christian business owner can deny service celebrating same-sex marriages. This should only be used as an example of Leftist hypocrisy, but people should be ready to provide FREEDOM to counter this. I will expand on this more with media and examples… this post may be long.

RED STATE notes the following about this incident:

…I don’t think I need to point out the hypocrisy here. When Indiana Pizza shop Memories Pizza merely said they couldn’t cater a gay wedding to the wrong journalist looking for a head to hunt, they were threatened, vandalized, and harassed to no end. When Colorado baker Jack Phillips refused to bake a cake for a gay wedding ceremony, politicians tried to force him into reeducation programs, and called him a Nazi. 

However, this is hardly getting a blip. It’s certainly not getting the same media attention Phillips or Memories Pizza did. This coffee shop owner will never be forced into reeducation programs, or have to go to battle within the Supreme Court to preserve his right to refuse service to people.

Apparently, if you fall into a protected group, you can be as bigoted and intolerant as you please, while demanding everyone else straight up applaud you for so much as breathing out of your right nostril.

GAY PATRIOT wryly notes this about Red States post:

Apparently, only Christians give up their Constitutional Rights when they open a business. Gays (and Mohammedans) can discriminate against anybody they want.

[….]

My favorite part is when he threatens to sodomize his boyfriend in front of them. The LGBT activists used to claim it wasn’t about buttsex, but this guy seems pretty sure… it’s about buttsex

BTW, no one would sit and watch a straight couple do the same.

In a past post of mine — “Gary Johnson Is a Cake Fascist” — an example used to compare equal application of the law (a Constitutional ideal) of Bruce Springsteen cancelling his tour in North Carolina :

Springsteen explained his decision in a lengthy statement to fans.

“As you, my fans, know I’m scheduled to play in Greensboro, North Carolina this Sunday. As we also know, North Carolina has just passed HB2, which the media are referring to as the ‘bathroom’ law. HB2 – known officially as the Public Facilities Privacy and Security Act – dictates which bathrooms transgender people are permitted to use. Just as important, the law also attacks the rights of LGBT citizens to sue when their human rights are violated in the workplace. No other group of North Carolinians faces such a burden. To my mind, it’s an attempt by people who cannot stand the progress our country has made in recognizing the human rights of all of our citizens to overturn that progress. Right now, there are many groups, businesses, and individuals in North Carolina working to oppose and overcome these negative developments.”

The rocker added he felt it was not the right time for him and the E Street Band to perform in North Carolina.

(Fox News)

GAY PATRIOT noted years back that Springsteen should be forced to perform in that state, using the understanding of Leftists, Christian apologist FRANK TUREK agrees:

…When Bruce Springsteen refuses to do a concert in North Carolina for moral reasons he’s a hero to the liberals and the media, which are the same thing.

Imagine what would have happened if Bruce had a wedding band that refused to perform at a gay wedding? He’d go from hero to zero!

Yet, when a conservative band, florist, or photographer refuses to work at a gay wedding for moral or religious reasons, the left and the media bully those folks mercilessly as intolerant bigots. And they do so while claiming to be against bullying and for “tolerance”! (As Ryan Anderson pointed out, if it wasn’t for double standards, liberals would have no standards.)

In America, a gay T-shirt maker should not be forced to print up anti-gay marriage T-shirts. And a Christian or Muslim photographer should not be forced to photograph a gay wedding.

If Bruce has the right to deny service, so does everyone.

One person i know succinctly posted this:

  • The free market is the great equalizer of inequities while protecting freedom at the same time.

This idea is what Barry Goldwater was running on. Freedom. Here Dennis Prager comes to the realization that his position on Goldwaters “anti-Civil Rights Act” platform was wrong all these years:

The thinking that special rights apply to different groups of people are what totalitarian regimes proffer. Here is an example of freedom being diminished, really a backfiring of Leftist ideals on the Gay Left.

Gay Patriot writes about a recent logical conclusion of the Gay Left and their wanting to force private businesses to participate in gay wedding celebrations. With all the BIG government laws their is surely an aspect of backfire involved… I mean, the BIGGER government gets, the smaller the individual is:

…But, you know, once you let that sort of idea… that the Government can force a business to labor for others against their will… you never know where that sort of thing is going to end up.

A Denver bar has been cited by the state’s Division of Civil Rights for discrimination because it refused to let a gay man dressed in drag enter. The bar is the Denver Wrangler, and despite what its name might suggest, it is not some Country Western joint. It is, in fact, a gay bar. So the state has determined that a gay bar has discriminated against a gay person

Wha-a-a-a-a-a….?

Gay Patriot proceeds to explain the bars target audience, what in the gay lifestyle apparently are called “bears”?

… [the bar] caters to a gay subculture known as “Bears,” which are bisexual or gay males which tend to place importance on presenting a hypermasculine image and often shun interaction with men who exhibit effeminacy. This is evident from the pictures and statements made by employees regarding the “Bear” culture of the club and several links on the Respondent’s webpage referencing “Bear” clubs … .”

That’s right… a taxpayer-paid Government employee investigated and found out about the Bear subculture and interviewed bar patrons to find out what that was.

So, Gay Fascist Left, you wanted the Government in the business of policing businesses and their clientele, and now a bear bar is being cited for twink-discrimination.

Well done.

Indeed, if wanting to strip one’s self of individual rights and freedoms… well done. But some gays “GET IT” and fight for freedom!

Even the “supposed” Libertarian candidate wants the state large enough to force, fine, and run out of business citizens acting according to their conscience. Here is the debate portion that showed Gary Johnson was a Leftist and not a Libertarian:

I even called into the Michael Medved Show to challenge Gary Johnson on this debate:

The REAL march toward freedom was realized in this GREAT EXAMPLE of these two freedom loving lesbians fighting against the LEFT in oprotecting the freedoms of a Christian T-Shirt company owner:

Gay Patriot shot me over to The Blaze’s article on this… good stuff, and I LOVE these two ladies.

Glenn Beck interviews from lesbians who disagree with the gay fascist left. [Edited for brevity and emphasis added to the really important bit that only a complete smeghead would disagree with.]

[Kathy Trautvetter and Diane DiGeloromo, a lesbian couple who own and operate BMP T-shirts, a New Jersey-based printing company, sat down with Glenn Beck Thursday night to explain why they are standing up for an embattled Christian printer who refused to make shirts for a gay pride festival.]

[….]

The lesbian couple are standing up for Christian t-shirt maker Blaine Adamson, who refused to print shirts for a gay pride festival because it compromised his values. Adamson has come under attack for his stance, but this couple supports him. The story is a microcosm for what should be happening in America as we navigate the way the world is changing.

“As a business owner, it struck a chord with me when I read the story, because I know how hard it is to build a business. You put your blood and your sweat and your tears into every bit of it. When I put myself in his place, I immediately felt like if that were to happen to us, I couldn’t create or print anti-gay T-shirts, you know, for a group. I couldn’t do it,” Kathy explained.

Diane added, “We feel this really isn’t a gay or straight issue. This is a human issue. No one really should be forced to do something against what they believe in. It’s as simple as that, and we feel likewise. If we were approached by an organization such as the Westboro Baptist Church, I highly doubt we would be doing business with them.”“Everybody votes with their dollars, you know?” Kathy said. “And why you would want to go with somebody who doesn’t agree with you, [when] there’s others who do agree with you, that’s who I want to do business with.”

Nice. If only all gay people were so tolerant and open-minded.

So ~ to be clear ~ we use this as an example of the Left being hypocrites, but offer a way that increases people’s freedom.

  • “The larger the government gets, the smaller the person gets. The smaller the government gets, the larger the individual gets.”

Women Apparently Love Alternative Facts

Since this is a large post, I would suggest picking a topic or section and going through it… and then coming back to cover another section. We are often busy and so must manage time wisely. The reason for this post was a short paragraph written by an awesome gal who quickly explained her positions of why she (and other women) marched in the Women’s March that recently took place the day after the election. I took her small paragraph and bullet pointed a few issues I wish to address, and these can be seen in numbers one through four – below right. They are easily jumped to by clicking on the number. I will respond with media, quotes, and commentary in a way that steps beyond the mantras of the professional Left.

I would suggest combining this post with an earlier post of mine to understand just how much culture and the media can misrepresent things during an election season.

So buckle up…

Kellyanne Conway’s “alternative facts” statement was loudly rejected. However, if such importance is placed on false facts… then this should help the student of truth to wade through the “alternative facts” apparently infuriating women of the Left.


EQUALITY


The mottos of our country are: E Pluribus Unum, In God We Trust, and Liberty. The motto of our Revolution was basically: “Life, Liberty and the pursuit of Happiness.” While the Constitution requires those who stand before the law to be treated equally (equal under the law)… “equality” is not part of liberty. You can have either liberty or either equality – but not both. You will see this fleshed out in number three, bellow., but a good example of this in history is the French Revolution. It had a motto: “Liberty, Equality, Fraternity.” This was an experiment done around the same time as the American Revolution and it collapsed on itself. Here is a good recap of these foundation philosophies:

French Revolution

Let’s take the idea of equality. For the Americans, it was largely a matter of equality before the law. When Jefferson wrote in the Declaration, “We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness,” he meant that human beings were equal in their possession of legal rights. He did not mean that all people were equal in talent, merit, wealth, or social status. Rather, they were equal, as human beings, in their right to pursue their interests and their dreams without interference by the government or other people.

Writing in the Federalist Papers No. 10, James Madison made it clear that he had no use for the French idea of absolute equality. He wrote, “Theoretic politicians have erroneously supposed that by reducing mankind to a perfect equality in their political rights, they would at the same time be perfectly equalized and assimilated in their possessions, their opinions, and their passions.” For Madison, there was no single or general will in mankind. Rather, there was only a society of individuals with diverse interests and opinions whose natural freedoms needed to be preserved by government.

The French idea of equality, or égalité, is one of the three national mottos of the French Republic, but it is derived from a certain view of freedom. Since freedom is collective—an expression of the general will—and it is not individually determined, then naturally its truest expression is equality of the masses. You can be truly free only if you are in sync with the general will.

But that implies that everyone’s will must be equal; otherwise, what’s the use of it being general? If everyone was allowed to have different interests, statuses, opinions, they would not be united in a single will, would they? As Saint-Just put it during the height of the Reign of Terror, “Private happiness and interest are a violence against the social order. You must forget yourselves…. [T]he only salvation is through the public good.”

The “public good” is just another word for collective freedom, which leads us to the third motto of the Revolution, fraternité, or the appeal to national unity. The first celebration of the storming of the Bastille, called the Féte de la Fédération and held on the Champ-de-Mars in 1790, was not a Victor Hugo–like celebration of Les Misérables, but a mass rally celebrating the fraternité of the Revolution and the unity of the French nation. It was the French ideas of liberty and equality all wrapped up in one. Free citizens would come together as equal partners in the unified French nation.

But there was, in the French Revolution, a paradox in this passion for unity. All nations celebrate national unity, even our own, but it can be taken to extremes. The fraternal desire for consensus and accord ended up in violence and discord.

Hearing the guilty verdict at his trial during the Terror, a member of the Girondin party joked that the only way for him and his compatriots to save their skins was to proclaim “the unity of their lives and the indivisibility of their heads.” Exactly! Pushing for agreement to the extreme of violence is the most divisive—and exclusionary—thing you can possibly do.

In the history of ideas and political movements, the legacy of fraternité is twofold: One, it gave birth to the populist nationalisms that would roil Europe and the world for the next two centuries, and two, taken to extremes, it led to the rise of totalitarian democracy in the 20th century.

All these differences in interpreting freedom, equality, and unity led the Americans and the French to very different notions of government.

(HERITAGE)

Examples of Impossible Equality

The modern Left and the French of centuries past have a similar view of equality. It is an illiberal view of nature. To create equality IN THIS SENSE (guaranteed equal outcomes) is an impossible task. I will give you a couple examples of what I mean. The first deals with “special rights” in the attempt to create the [illusion] of choice. In an oft used example of mine I note that by defining when life begins at a later stage of a humans life-span, we see gender abortions (typically a girl is aborted due to cultural preferences for males), but here is a hypothetical of a newly forming protected class:

  • “If homosexuality is really genetic, we may soon be able to tell if a fetus is predisposed to homosexuality, in which case many parents might choose to abort it.  Will gay rights activists continue to support abortion rights if this occurs?”

Dale A. Berryhill, The Liberal Contradiction: How Contemporary Liberalism Violates Its Own Principles and Endangers Its Own Goals (Lafayette, LA:  Vital Issues Press, 1994), 172.

Mmmm, do you see an issue here? Under the “health of the mother” as the courts interpret Doe v. Bolton, ensuring a gender outcome or wanting a straight child would be allowed since “stress” or maladies like the baby having a cleft palate, or the mother is struggling financially, or one wished to pursue a career — are grounds for aborting children. Legally. Heck, if financial worries is reason enough… what’s left? Another example of the impossibility of reaching the equality spoken of here is those who felt marginalized BECAUSE of the march. Here are a couple examples:

… In fact, though conventional wisdom would suggest that progressives everywhere were pleased with the demonstration, it turns out some transgender people thought the prevalence of “pussy hats,” vagina costumes and paintings of female genitalia were “oppressive” toward their community.

“[P]ussy hats set the tone for a march that would focus acutely on genitalia at the expense of the transgender community,” Mic . com staff writer Marie Solis reported. “Signs like ‘Pussy power,’ ‘Viva la Vulva’ and ‘Pussy grabs back’ all sent a clear and oppressive message to trans women, especially: having a vagina is essential to womanhood.”…

(THE BLAZE)

Transgender activists were infuriated that the Women’s March featured too many “white, cis women.”

Many transgender advocates claimed that the march was not inclusive toward transgender women, reports The Washington Free Beacon.

Some transgender women were bothered by the march’s emphasis on vaginas and the color pink…

(DAILY CALLER)

I like to call myself an “imperialist white supremacist Christian cisgender capitalist heteropatriarchal male.”

The trans-women don’t like the cis-women and the cis-women don’t like the trans-women. Pass the popcorn.

Transgender activists are upset that the women‘s march over the weekend was not inclusive to biological men who identify as women, as the protest presented an oppressive message that having a vagina is essential to womanhood.

Saturday’s event to oppose the inauguration of Donald Trump was largely a “white cis women march,“ with too many pictures of female reproductive organs and pink hats, according to trans women and nonbinary individuals

The women‘s march had an over-reliance on slogans and posters depicting gender norms, like using pink to represent women and girls, said some transgender activists who boycotted the march.

Sorry, trannies, but until you can have abortions, the feminist movement isn’t that interested in you.

(GAY PATRIOT)

So just by having an inclusive march many were excluded. This is the trouble with the Left’s egalitarianism. It cannot work and merely creates more division and eventual cannibalism, as Christian Hoff Sommers notes:

RECOMMENDED BOOKS:


GENDER WAGE GAP


FIRST and FOREMOST… when categories are compared properly, we see women tend to make more than men…

Among college-educated, never-married individuals with no children who worked fill-time and were from 40 to 64 years old— that is, beyond the child-bearing years— men averaged $40,000 a year in income, while women averaged $47,000.30 But, despite the fact that women in this category earned more than men in the same category, gross income differences in favor of men continue to reflect differences in work patterns between the sexes, so that women and men are not in the same categories to the same extent.

Even women who have graduated from top-level universities like Harvard and Yale have not worked full-time, or worked at all, to the same extent that male graduates of these same institutions have. Among Yale alumni in their forties, “only 56 percent of the women still worked, compared with 90 percent of the men,” according to the New York Times. It was much the same story at Harvard:

A 2001 survey of Harvard Business School graduates found that 31 percent of the women from the classes of 1981, 1985 and 1991 who answered the survey worked only part time or on contract, and another 31 percent did not work at all, levels strikingly similar to the percentages of the Yale students interviewed who predicted they would stay at home or work part time in their 30’s and 40’s.

Thomas Sowell, Economic Facts and Fallacies (New York, NY: Basic Books, 2008), 70.

What typically happen with women around age thirty? The word rhymes with manly.

Here we see Independent Womens Forum (Twitter) contributer, Carrie Lukas’ op-ed, in the Wall Street Journal — noting the same disparities that are the outcome of choices:

…The Department of Labor’s Time Use survey shows that full-time working women spend an average of 8.01 hours per day on the job, compared to 8.75 hours for full-time working men. One would expect that someone who works 9% more would also earn more. This one fact alone accounts for more than a third of the wage gap.

Choice of occupation also plays an important role in earnings. While feminists suggest that women are coerced into lower-paying job sectors, most women know that something else is often at work. Women gravitate toward jobs with fewer risks, more comfortable conditions, regular hours, more personal fulfillment and greater flexibility. Simply put, many women—not all, but enough to have a big impact on the statistics—are willing to trade higher pay for other desirable job characteristics.

Men, by contrast, often take on jobs that involve physical labor, outdoor work, overnight shifts and dangerous conditions (which is also why men suffer the overwhelming majority of injuries and deaths at the workplace). They put up with these unpleasant factors so that they can earn more.

Recent studies have shown that the wage gap shrinks—or even reverses—when relevant factors are taken into account and comparisons are made between men and women in similar circumstances. In a 2010 study of single, childless urban workers between the ages of 22 and 30, the research firm Reach Advisors found that women earned an average of 8% more than their male counterparts. Given that women are outpacing men in educational attainment, and that our economy is increasingly geared toward knowledge-based jobs, it makes sense that women’s earnings are going up compared to men’s….

See more here: “A study of single, childless urban workers between the ages of 22 and 30 found that women earned 8% more than men.”

Another reason there is a broad variance in pay are for a few reasons. Women tend to choose different career paths than men (choice), and also take time out to care for children (nature).

…various countries’ economies, there are still particular industries today where considerable physical strength remains a requirement. Women are obviously not as likely to work in such fields as men are— and some of these are fields with jobs that pay more than the national average. While women have been 74 percent of what the U.S. Census Bureau classifies as “clerical and kindred workers,” they have been less than 5 percent of “transport equipment operatives.” In other words, women are far more likely to be sitting behind a desk than to be sitting behind the steering wheel of an eighteen-wheel truck. Women are also less than 4 percent of the workers in “construction, extraction, and maintenance.” They are less than 3 percent of construction workers or loggers, less than 2 percent of roofers or masons and less than one percent of the mechanics and technicians who service heavy vehicles arid mobile equipment.

Such occupational distributions have obvious economic implications, since miners earn nearly double the income of office clerks when both work full-time and year-round 20 There is still a premium paid for workers doing heavy physical work, as well as for hazardous work, which often overlaps work requiring physical strength. While men are 54 percent of the labor force, they are 92 percent of the job-related deaths.

Thomas Sowell, Economic Facts and Fallacies (New York, NY: Basic Books, 2008), 64-65.

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LGBTTQQFAIPBGD7@bRs?PLWb+2Z9A2

…Marriage


The first thing to say is the Higher Court settled this — I says settled with “air quotes.” However, many fine gay men and women I know would reject this decision either because they think marriage between heterosexuals has benefits for society same-sex marriages cannot offer. And/or they support the idea in the Constitution that what isn’t clearly enumerated in the Constitution for the Federal Government to concern itself with, then these decisions should be left to the states.

Societal Advantages

I’m gay, and I oppose gay marriage

In our sometimes misguided efforts to expand our freedom, selfish adults have systematically dismantled that which is most precious to children as they grow and develop. That’s why I am now speaking out against same-sex marriage.

By the way, I am gay.

A few days ago I testified against pending same-sex marriage legislation in Minnesota’s Senate Judiciary and House Civil Law Committees.

The atmosphere at these events (I’ve also testified elsewhere) seems tinged with unreality—almost a carnival-like surrealism. Natural law, tradition, religion, intellectual curiosity, and free inquiry no longer play a role in deliberations. Same-sex marriage legislation is defended solely on grounds of moral relativism and emotions.

Pure sophistry is pitted against reason. Reason is losing.

[….]

Same-sex marriage will do the same, depriving children of their right to either a mom or a dad. This is not a small deal. Children are being reduced to chattel-like sources of fulfillment. On one side, their family tree consists not of ancestors, but of a small army of anonymous surrogates, donors, and attorneys who pinch-hit for the absent gender in genderless marriages. Gays and lesbians demand that they have a “right” to have children to complete their sense of personal fulfillment, and in so doing, are trumping the right that children have to both a mother and a father—a right that same-sex marriage tramples over.

Same-sex marriage will undefine marriage and unravel it, and in so doing, it will undefine children. It will ultimately lead to undefining humanity. This is neither “progressive” nor “conservative” legislation. It is “regressive” legislation.

(read more)

Another examples comes from respected Canadian sociologist/scholar/homosexual, Paul Nathanson, writes that there are at least five functions that marriage serves–things that every culture must do in order to survive and thrive. They are:

  • Foster the bonding between men and women
  • Foster the birth and rearing of children
  • Foster the bonding between men and children
  • Foster some form of healthy masculine identity
  • Foster the transformation of adolescents into sexually responsible adults

Note that Nathanson considers these points critical to the continued survival of any culture. He continues “Because heterosexuality is directly related to both reproduction and survival,… every human societ[y] has had to promote it actively…. Heterosexuality is always fostered by a cultural norm” that limits marriage to unions of men and women. He adds that people “are wrong in assuming that any society can do without it.” Going further he stated that “same sex marriage is a bad idea”… [he] only opposed “gay marriage, not gay relationships.”

…moving on…

Not Immutable

Some persons think being gay is immutable, and so apply the 14th Amendment to the issue. However, this is not the case. Homosexuality is often times due to trauma early in the person’s life. Or sexual activity at a young age:

So, for instance, my mom knew quite a few lesbians throughout her life as a hippie/druggy, who now loves Jesus. In her mobile-home park living experience she has become friends, acquaintances with and met quite a few lesbians over the years. She told me that most had been abused by some older man (often a family member) when they were young. Also, the men I have known well-enough to intimate to me their early lives also have corroborated such encounters (one was a family member, the other not). Which brings me to a quote by a lesbian author I love:

  • “Here come the elephant again: Almost without exception, the gay men I know (and that’s too many to count) have a story of some kind of sexual trauma or abuse in their childhood — molestation by a parent or an authority figure, or seduction as an adolescent at the hands of an adult. The gay community must face the truth and see sexual molestation of an adolescent for the abuse it is,* instead of the ‘coming-of-age’ experience many [gays] regard it as being. Until then, the Gay Elite will continue to promote a culture of alcohol and drug abuse, sexual promiscuity, and suicide by AIDS”

Tammy Bruce, The Death of Right and Wrong: Exposing the Left’s Assault on Our Culture and Values (Roseville, CA: Prima Publishers, 2003), 99.

* By the age of 18 or 19 years, three quarters of American youth, regardless of their sexual orientation, have had sexual relations with another person. Gay males are more likely than heterosexual males to become sexually active at a younger age (12.7 vs. 15.7 years) and to have had multiple sexual partners. The ages at the time of the first sexual experience with another person are closer for lesbians and heterosexual females (15.4 vs. 16.2 years).

(New England Journal of Medicine)

Some articles I see as connected,

You see, much like Walt Heyer, a man who had a sex operation, lived as a woman for 8-years, and then one day started to confront the “demons” from his childhood. He started to deal with these earlier issues in his life after taking some courses to get a degree in counseling at U.C. Irvine — he realized his gender dysphoria was because of trauma at a young age (HERE). To put a stamp of approval via society on a “choice” that is caused by anothers “choice” in making these relationships equal, is doing more harm to the individual than good (as Walt Heyer also points out in his book, mentioned in the link). Many have changed their sexual orientation from gay to hetero… but if this is the case, then one’s fluid sexuality is very UNLIKE ethnic origins (an ex-gay tells his story; a man raised by lesbians and who’s own early sexuality was in flux tells his story).

Here we find the indomitable Camille Paglia, a lesbian scholar, noting some of the above:

More than twenty years ago, the influential lesbian author Camille Paglia had this to say about the “born gay” myth: “Homosexuality is not normal. On the contrary it is a challenge to the norm…. Nature exists whether academics like it or not. And in nature, procreation is the single relentless rule. That is the norm…. Our sexual bodies were designed for reproduction…. No one is born gay. The idea is ridiculous… homosexuality is an adaptation, not an inborn trait.”

But she was just getting started as she asked:

“Is the gay identity so fragile that it cannot bear the thought that some people may not wish to be gay? Sexuality is highly fluid, and reversals are theoretically possible. However, habit is refractory, once sensory pathways have been blazed and deepened by repetition—a phenomenon obvious with obesity, smoking, alcoholism or drug addiction—helping gays to learn how to function heterosexually, if they wish is a perfectly worthy aim. We should be honest enough to consider whether or not homosexuality may not indeed, be a pausing at the prepubescent stage where children band together by gender…. Current gay cant insists that homosexuality is not a choice; that no one would choose to be gay in a homophobic society. But there is an element of choice in all behavior, sexual or otherwise. It takes an effort to deal with the opposite sex; it is safer with your own kind. The issue is one of challenge versus comfort.”

Michael L. Brown, Outlasting the Gay Revolution: Where Homosexual Activism Is Really Going and How to Turn the Tide (Washington, DC: WND Books, 2015), 162.

IN CASE you are not tracking… one cannot change his or her ethnicity/color.

Equality – LGBT [Must] Be Accepted By Everyone

Here is the actual quote from the paragraph mentioned at the top of the post:

  • “LGBT WOULD have just the same rights to be married, get a job, be accepted by EVERYONE”

In order to impose some essence of equality, the government has to homogenize ALL interactions. In doing so, and getting to the “accepted by everyone” level, you would have to have something more that what Orwell wrote of in 1984. This is in actuality impossible, and is a sign of the Utopian goals of the Left.

  • For thousands of years human beings have dreamt of perfect worlds, worlds free of conflict, hunger and unhappiness. But can these worlds ever exist in reality? In 1516 Sir Thomas More wrote the first ‘Utopia’. He coined the word ‘utopia’ from the Greek ou-topos meaning ‘no place’ or ‘nowhere’. But this was a pun – the almost identical Greek word eu-topos means a good place. So at the very heart of the word is a vital question: can a perfect world ever be realised?

All societies and movements that have attempted this have failed, miserably. This is no different. It curbs the freedom of contract between two individuals for a product or a service. Same-sex marriage as pushed by liberals is in direct conflict to enumerated protections in the Constitution. In Massachusetts, and now it is happening in Illinois. The oldest (in the nation), most successful foster and adoption care organization has closed its doors because they would be forced to adopt to same-sex couples. Lets peer into who this would affect:

  • “Everyone’s still reeling from the decision,” Marylou Sudders, executive director of the Massachusetts Society for the Prevention of Cruelty to Children (MSPCC), said yesterday. “Ultimately, the only losers are the kids,” said Maureen Flatley, a Boston adoption consultant and lobbyist. (more on RPT & WT)

And business are bankrupted by government to impose these unreachable norms.

Again, this is not a straight versus gay category. This is a Left/Right issue in our body politic. For example, here is a Christian, conservative, apologist — Frank Turek —  making a point:

  • “….Imagine a homosexual videographer being forced to video a speech that a conservative makes against homosexual behavior and same sex marriage. Should that homosexual videographer be forced to do so? Of course not! Then why Elane Photography?….”

Now, here is a “conservatarian” blogger, Gay Patriot’s, input:

  • “…it’s a bad law, a law that violates natural human rights to freedom of association and to freely-chosen work. It is not good for gays; picture a gay photographer being required by law to serve the wedding of some social conservative whom he or she despises.”

AGAIN, there are many gay men and women that GET IT:

GAY PATRIOT shot me over to The Blaze’s article on this… good stuff, and I LOVE these two ladies.

Glenn Beck interviews from lesbians who disagree with the gay fascist left. [Edited for brevity and emphasis added to the really important bit that only a complete smeghead would disagree with.]

[Kathy Trautvetter and Diane DiGeloromo, a lesbian couple who own and operate BMP T-shirts, a New Jersey-based printing company, sat down with Glenn Beck Thursday night to explain why they are standing up for an embattled Christian printer who refused to make shirts for a gay pride festival.]

[….]

The lesbian couple are standing up for Christian t-shirt maker Blaine Adamson, who refused to print shirts for a gay pride festival because it compromised his values. Adamson has come under attack for his stance, but this couple supports him. The story is a microcosm for what should be happening in America as we navigate the way the world is changing.

“As a business owner, it struck a chord with me when I read the story, because I know how hard it is to build a business. You put your blood and your sweat and your tears into every bit of it. When I put myself in his place, I immediately felt like if that were to happen to us, I couldn’t create or print anti-gay T-shirts, you know, for a group. I couldn’t do it,” Kathy explained.

Diane added, “We feel this really isn’t a gay or straight issue. This is a human issue. No one really should be forced to do something against what they believe in. It’s as simple as that, and we feel likewise. If we were approached by an organization such as the Westboro Baptist Church, I highly doubt we would be doing business with them.”“Everybody votes with their dollars, you know?” Kathy said. “And why you would want to go with somebody who doesn’t agree with you, [when] there’s others who do agree with you, that’s who I want to do business with.”

Nice. If only all gay people were so tolerant and open-minded.

Love is Love

A story via GAY PATRIOT and his very humorous way to bring to light the deeper issue at hand, we find another example of the deteriorating acidic colloquialisms of the Left falling apart at the expense of civil society:

Once again, the Christian White Heteronormative Patriarchy is oppressing two people who just want to love each other.

A mother and son whose forbidden love affair could land them each a lengthy jail sentence have declared they are ‘madly in love’ and nothing will tear them apart.

Monica Mares, 36, and her son Caleb Peterson, 19, face up to 18 months in prison if found guilty of incest at a trial later this year in New Mexico.

But the mother and son couple have vowed to fight for their right to have a sexual relationship and are appealing to the public to donate to their legal fund.

Can you believe that The Patriarchy actually wants to put them in jail for being in love? Probably because of Thoecracy and stuff. “Government everywhere but in our bedrooms, yo!”

One can see my post on polygamy as well: How Polygamy Hurts Society by Making Girls/Women Chattel, and Stopping Boys from Turning into Healthy, Productive Men

However, here is GAY PATRIOT noting what is really going on:

“Don’t be ridiculous,” they said. “No way does same sex marriage lead to legalized polygamy. The slippery slope argument is a complete fallacy, because enactment of one liberal social policy has never, ever led to the subsequent enactment of the logical extension of that liberal social policy. Ever!”

Well, they may have been wrong about the coefficient of friction on that particular incline. Commenter Richard Bell notes the following: Judge Cites Same-Sex Marriage in Declaring Polygamy Ban Unconstitutional.

[….]

Since marriage is no longer about creating a stable environment for children, and has become (and this mainly the fault of heterosexual liberals) about personal fulfillment, validation, and access to social benefits, there literally is no constraint on how much more broadly it can be redefined.

Goals

There have been quite a few admissions like this, but here is one example by a wel known LGBT activist cataloged by THE BLAZE:

A 2012 speech by Masha Gessen, an author and outspoken activist for the LGBT community, is just now going viral and it includes a theory that many supporters of traditional marriage have speculated about for years: The push for gay marriage has less to do with the right to marry – it is about diminishing and eventually destroying the institution of marriage and redefining the “traditional family.”

The subject of gay marriage stirs powerful reactions on both sides of the argument. There are those who argue that legalizing it would diminish traditional marriage. And those advocating for gay marriage have long stated that the issue will not harm traditional marriage. Ms. Gessen’s comments on the subject seem to contradict the pro-gay-marriage party lines.

Gessen shared her views on the subject and very specifically stated;

  • “Gay marriage is a lie.”
  • “Fighting for gay marriage generally involves lying about what we’re going to do with marriage when we get there.”
  • “It’s a no-brainer that the institution of marriage should not exist.” (This statement is met with very loud applause.)

As mentioned above, Gessen also talked about redefining the traditional family. This may have something to do with the fact that she has “three children with five parents”:

“I don’t see why they (her children) shouldn’t have five parents legally. I don’t see why we should choose two of those parents and make them a sanctioned couple.”…

Surprisingly [sarcasm], this matches up with another ideology:

RECOMMENDED RESOURCES:


PROFILING


Here again we run into the issue of EQUALITY as the Left views it. Not an equality in the sight of the law but an equality in outcomes. This is actually REALLY easy to show as wrong. But the 100% thingy made me chuckle. It reminded me of this call into the Larry Elder show:

Too Funny! But this is the thinking of these egalitarian tyrants. Take note that I will deal with the SHOOTING OF BLACK MEN first, then deal with Traffic stops. Remember, studies show police officers are MORE likely to shoot a white criminal than a black (cue shocked faces):
Shootings

A study by a Harvard professor released this month found no evidence of racial bias in police shootings even though officers were more likely to interact physically with non-whites than whites.

The paper for the National Bureau of Economic Research, which examined thousands of incidents at 10 large police departments in California, Florida and Texas, concluded that police were no more likely to shoot non-whites than whites after factoring in extenuating circumstances.

“On the most extreme use of force — officer-involved shootings — we find no racial differences in either the raw data or when contextual factors are taken into account,” said Harvard economics professor Roland G. Fryer Jr. in the abstract of the July 2016 paper.

Mr. Fryer, who is black, told The New York Times that the finding of no racial discrimination in police shootings was “the most surprising result of my career.”

At the same time, the study found blacks and Hispanics were more than 50 percent more likely to experience physical interactions with police, including touching, pushing, handcuffing, drawing a weapon, and using a baton or pepper spray.

The 63-page study, “An Empirical Analysis of Racial Differences in Police Use of Force,” appears to support research conducted at Washington State University showing that officers in simulation tests were actually less likely to shoot at blacks than whites.

The paper also challenges the contention by the new wave of civil-rights groups such as Black Lives Matter that racist police are singling out blacks for shootings….

(WASHINGTON TIMES)

Listen, these next two media pieces are a bit long, but you get to hear real-world statistics. The first pice of media is from Larry Elder via my YouTube channel. The video following Elder is a Bill Whittle production… good stuff for the serious student of truth:

Here is LARRY ELDER layin’ down the SAGE LAW!

Where to start with actor Jesse Williams’ widely praised rant on police brutality and white racism delivered at this year’s Black Entertainment Television awards show?

To his enthusiastic audience, Williams reeled off lie after lie, all in the name of black “resistance” over the “oppressor” – meaning anyone he believes benefits from “this invention called whiteness.” Time magazine called his discourse “powerful.”

Where are fact-checkers when the fact-devoid desperately need fact-checking? After all, Williams practically begged to be fact-checked when he said, “What we’ve been doing is looking at the data, and we know that police somehow manage to de-escalate, disarm and not kill white people every day.”

The “police … manage to … not kill white people every day”?

Let’s start with 2014, the last year for which there are official records. According to the Centers for Disease Control, the police killed 261 whites and 131 blacks. The CDC also found that from 1999 to 2013, the police killed almost twice the number of whites compared to blacks, 3,160 and 1,724, respectively.

Activists promptly note that whites account for nearly 65 percent of the population and that, therefore, one would expect whites to comprise most of those killed by cops. And we are told that blacks, while 13 percent of the population, represent a much greater percentage of those killed by cops. Institutional, systemic, structural racism!

Here’s what those promoting the “police disproportionately kill black people” narrative consistently omit. Whites, despite being almost 65 percent of the population, disproportionately commit less of the nation’s violent crime – 10 percent. Blacks, at 13 percent of the population, disproportionately commit more violent crime. As to murders, black commit nearly half. Yet whites are 50 percent of cop killings.

Criminology professor Peter Moskos looked at the numbers of those killed by officers from May 2013 to April 2015 and found that 49 percent were white, while 30 percent were black. “Adjusted for the homicide rate,” says Moskos, “whites are 1.7 times more likely than blacks to die at the hands of police.” So if anything, whites have more to complain about than Mr. Williams….

Just a very quick explanation of the above. Using newer stats, if you had 100 black men lined up on a street on one side, and on the other side you had one-hundred white men lined up on the street, and a white man walked down the middle of the street… he would be 27-times more likely to be assaulted and then killed by the black men. Again, keep in mind that blacks make up almost 12.6% of the population and whites make up 77.35% of the population.

Traffic Stops

Here Larry Elder (a statistician in his own right) notes reports from the DOJ and other sources to bring the reader into alignment with something beyond a false narrative they heard from a friend:

…The National Institute of Justice is the research and evaluation agency of the DOJ. In 2013, the NIJ published its study called “Race, Trust and Police Legitimacy.” Unlike when responding to dispatch calls, police officers exercise more discretion when it comes to traffic stops. Thus, the supposedly “racial profiling” cops can have a field day when it comes to traffic stops, right?

But according to the NIJ, 3 out of 4 black drivers admit being stopped by police for a “legitimate reason.” Blacks, compared to whites, were on average more likely to commit speeding or other traffic offenses. “Seatbelt usage,” said the NIJ, “is chronically lower among black drivers. If a law enforcement agency aggressively enforces seatbelt violations, police will stop more black drivers.” The NIJ conclusion? Numerical disparities result from “differences in offending” in addition to “differences in exposure to the police” and “differences in driving patterns.”

President Obama, backed by research from the left and from the right, said, “Children who grow up without a father are five times more likely to live in poverty and commit crime; nine times more likely to drop out of school and 20 times more likely to end up in prison.”

Richmond, Virginia, is a city of 214,000, with a black population of 50 percent. Eighty-six percent of black Richmond families are headed by a single parent. Of Ferguson’s 67 percent black population, how many kids grew up in fatherless homes?

Whatever the answer, isn’t this a far more relevant statistic?

(CREATORS)

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Mark Levin Discusses the Electoral College (Plus: WaPo)

Here is a portion of the article by ALLEN GUELZO and JAMES HULME Mark Levin was reading from:

…After last week’s results, we’re hearing a litany of complaints: the electoral college is undemocratic, the electoral college is unnecessary, the electoral college was invented to protect slavery — and the demand to push it down the memory hole.

All of which is strange because the electoral college is at the core of our system of federalism. The Founders who sat in the 1787 Constitutional Convention lavished an extraordinary amount of argument on the electoral college, and it was by no means one-sided. The great Pennsylvania jurist James Wilson believed that “if we are to establish a national Government,” the president should be chosen by a direct, national vote of the people. But wise old Roger Sherman of Connecticut replied that the president ought to be elected by Congress, since he feared that direct election of presidents by the people would lead to the creation of a monarchy. “An independence of the Executive [from] the supreme Legislature, was in his opinion the very essence of tyranny if there was any such thing.” Sherman was not trying to undermine the popular will, but to keep it from being distorted by a president who mistook popular election as a mandate for dictatorship.

Quarrels like this flared all through the convention, until, at almost the last minute, James Madison “took out a Pen and Paper, and sketched out a mode of Electing the President” by a “college” of “Electors … chosen by those of the people in each State, who shall have the Qualifications requisite.”

The Founders also designed the operation of the electoral college with unusual care. The portion of Article 2, Section 1, describing the electoral college is longer and descends to more detail than any other single issue the Constitution addresses. More than the federal judiciary — more than the war powers — more than taxation and representation. It prescribes in precise detail how “Each State shall appoint … a Number of Electors, equal to the whole Number of Senators and Representatives to which the State may be entitled in the Congress”; how these electors “shall vote by Ballot” for a president and vice president; how they “shall sign and certify, and transmit sealed to the Seat of the Government of the United States, directed to the President of the Senate” the results of their balloting; how a tie vote must be resolved; what schedule the balloting should follow; and on and on.

Above all, the electoral college had nothing to do with slavery. Some historians have branded the electoral college this way because each state’s electoral votes are based on that “whole Number of Senators and Representatives” from each State, and in 1787 the number of those representatives was calculated on the basis of the infamous 3/5ths clause. But the electoral college merely reflected the numbers, not any bias about slavery (and in any case, the 3/5ths clause was not quite as proslavery a compromise as it seems, since Southern slaveholders wanted their slaves counted as 5/5ths for determining representation in Congress, and had to settle for a whittled-down fraction). As much as the abolitionists before the Civil War liked to talk about the “proslavery Constitution,” this was more of a rhetorical posture than a serious historical argument. And the simple fact remains, from the record of the Constitutional Convention’s proceedings (James Madison’s famous Notes), that the discussions of the electoral college and the method of electing a president never occur in the context of any of the convention’s two climactic debates over slavery.

If anything, it was the electoral college that made it possible to end slavery, since Abraham Lincoln earned only 39 percent of the popular vote in the election of 1860, but won a crushing victory in the electoral college. This, in large measure, was why Southern slaveholders stampeded to secession in 1860-61. They could do the numbers as well as anyone, and realized that the electoral college would only produce more anti-slavery Northern presidents.

[….]

Without the electoral college, there would be no effective brake on the number of “viable” presidential candidates. Abolish it, and it would not be difficult to imagine a scenario where, in a field of a dozen micro-candidates, the “winner” only needs 10 percent of the vote, and represents less than 5 percent of the electorate. And presidents elected with smaller and smaller pluralities will only aggravate the sense that an elected president is governing without a real electoral mandate.

The electoral college has been a major, even if poorly comprehended, mechanism for stability in a democracy, something which democracies are sometimes too flighty to appreciate. It may appear inefficient. But the Founders were not interested in efficiency; they were interested in securing “the blessings of liberty.” The electoral college is, in the end, not a bad device for securing that.

Hillary Wants to Pervert Justice

  • “You must not act unjustly when deciding a case. Do not be partial to the poor or give preference to the rich; judge your neighbor fairly.” (Leviticus 19:15)
  • “Do not show favoritism to a poor person in his lawsuit.” (Exodus 23:3)

Back row (left to right): Sonia Sotomayor, Stephen G. Breyer, Samuel A. Alito, and Elena Kagan;
Front row (left to right): John Maynard Keynes, Karl Marx, Chief Justice John G. Roberts,
Associate Justice Lycurgus of Sparta, and Associate Justice Margaret Sanger.

Via NATIONAL REVIEW and Jonah Goldberg:

In her first answer of the night, Hillary Clinton was asked about the Supreme Court. She said justices should stand up to the rich and side with the people or some such treacle. It should support the usual favored groups, etc. It should fight big money and the powerful. And so on. Only problem: That’s not what justices are supposed to do. The Judicial Oath goes like this:

  • “I, _________, do solemnly swear (or affirm) that I will administer justice without respect to persons, and do equal right to the poor and to the rich, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as _________ under the Constitution and laws of the United States.  So help me God.”

Sometimes they say:

  • “I, _________, do solemnly swear (or affirm) that I will administer justice without respect to persons, and do equal right to the poor and to the rich, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as _________ under the Constitution and laws of the United States; and that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter.  So help me God.”

The relevant point is the same. Standing up to the rich is not the Supreme Court’s job. Standing up for the law is. And, sometimes, the law is on the side of the rich and powerful. You could look it up.

Influences On the Constitution via The Judeo-Christian Worldview

  • “…we have no government, armed with power, capable of contending with human passions, unbridled by morality and religion. Avarice, ambition, revenge and licentiousness would break the strongest cords of our Constitution, as a whale goes through a net. Our Constitution was made only for a moral and religious people. It is wholly inadequate to the government of any other.”

John Adams, first (1789–1797) Vice President of the United States, and the second (1797–1801) President of the United States. Letter to the Officers of the First Brigade of the Third Division of the Militia of Massachusetts, 11 October 1798, in Revolutionary Services and Civil Life of General William Hull (New York, 1848), pp 265-6.

And this great quote and commentary:

And Montesquieu got even more specific when he broke down which Christian religions he believed were better fit for certain governments:

When a religion is introduced and fixed in a state, it is commonly such as is most suitable to the plan of government there established; for those who receive it, and those who are the cause of its being received, have scarcely any other idea of policy than that of the state in which they were born.

When the Christian religion, two centuries ago, became unhappily divided into Catholic and Protestant, the people of the north embraced the Protestant, and those of the south adhered still to the Catholic. The reason is plain: the people of the north have, and will for ever have, a spirit of liberty and independence, which the people of the south have not; and therefore a religion which has no visible head is more agreeable to the independence of the climate than that which has one. In the countries themselves where the Protestant religion became established, the revolutions were made pursuant to the several plans of political government. Luther having great princes on his side would never have been able to make them relish an ecclesiastical authority that had no exterior pre-eminence; while Calvin, having to do with people who lived under republican governments, or with obscure citizens in monarchies, might very well avoid establishing dignities and preferments.

In other words, the Catholic version of Christianity is best for monarchies, while Protestant/Calvin faiths are suited to republics…or so says Montesquieu.

(American Creation)

The below if an extended quote from a book that I highly recommend for the beginner if you are truly interested in this endeavor. A list of other resources can be found in my BIBLIOGRAPHY section of a paper for school. I will also include MLA and APA for helping the student to quote. from Joshua Charles book, LIBERTY’S SECRET. Enjoy:


  • John Eidsmoe, Christianity and the Constitution (Grand Rapids, MI: Baker Book, 1987), 54-61.
  • [APA] Eidsmoe, J. (1987). Christianity and the Constitution. Grand Rapids, MI: Baker Books.
  • [MLA] Eidsmoe, John. Christianity and the Constitution. Grand Rapids: Baker Books, 1987. Print.

[p.54>] Montesquieu

Charles Louis Joseph de Secondat, the Baron Montesquieu of France (1689-1755), was cited by the founders of this nation more frequently than any other source except the Bible. His best-known work, The Spirit of Laws, distinguished four forms of government: monarchy in which the guiding principle is honor, aristocracy in which the guiding principle is moderation, republican democracy in which the guiding principle is virtue, and despotism in which the guiding principle is fear. His main contribution to the thinking of the founders of this nation was the concept of separation of powers between legislative, executive, and judicial branches of government. This concept is so vital to the American constitutional system.

Because he lived in France and taught in French universities during the time of the philosophes, Montesquieu is sometimes identified as a deist. But he was born a Catholic, and remained a Catholic to his death. He did have some private questions concern­ing Catholic dogma. Stark suggests that Montesquieu moved closer and closer to Christian orthodoxy as he grew older, noting Montesquieu comment that the establishment of Christianity among the Romans would be an absurdity if it were merely a natural historical event.2 In any event, he received Communion shortly before he died, and he emphatically declared his belief that the elements were the true Body and Blood of Jesus Christ.3

Montesquieu believed all law has its source in God. As he says in the opening of The Spirit of Laws: “God is related to the universe, as Creator and Preserver; the laws by which He created all things are those by which He preserves them.”4 These laws apply to the physical world and human beings. Men make their own laws, but these laws must conform to the eternal laws of God.

Particular intelligent beings may have laws of their own making, but they likewise have some which they never made…. Before laws were made, there were relations of possible justice. To say that there is nothing just or unjust but what is commanded or forbidden by positive laws, is the same as saying that before the describing of a circle all the radii were not equal.5

[p.55>] Montesquieu believed man was basically evil and self-centered. His pessimism was due to the fact that he felt intelligent beings do not choose to follow God’s laws:

But the intelligent world is far from being so well governed as the physical. For though the former has also its laws, which of their own nature are invariable, it does not conform to them so exactly as the physical world. This is because, on the one hand, particular intelli­gent beings are of a finite nature, and consequently liable to error; and on the other, their nature requires them to be free agents. Hence they do not steadily conform to their primitive laws; and even those of their own instituting they frequently infringe….

Man, as a physical being, is like other bodies governed by invariable laws. As an intelligent being, he incessantly transgresses the laws established by God, and changes those of his own instituting. He is left to his private direction, though a limited being, and subject, like all finite intelligences, to ignorance and error: even his imperfect knowledge he loses; and as a sensible creature, he is hurried away by a thousand impetuous passions. Such a being might every instant forget his Creator; God has therefore reminded him of his duty by the laws of religion. Such a being is liable every moment to forget himself; philosophy has provided against this by the laws of morality. Formed to live in society, he might forget his fellow-creatures; legislators have, therefore, by political and civil laws, confined him to his duty.6

He compared Christianity to Islam and declared Christianity superior partly because of the better government it promotes, “a moderate Government is most agreeable to the Christian Religion, and a despotic Government to the Mahommedan”:

The Christian religion, which ordains that men should love each other, would, without doubt, have every nation blest with the best civil, the best political laws; because these, next to this religion, are the greatest good that men can give and receive….

The Christian religion is a stranger to mere despotic power. The mildness so frequently recommended in the gospel is incompatible with the despotic rage with which a prince punishes his subjects, and exercises himself in cruelty….

While the Mahommedan princes incessantly give or receive death, the religion of the Christians renders their princes less timid, and consequently less cruel. The prince confides in his subjects, and the subjects in the prince. How admirable the religion which, while it [p.56>] only seems to have in view the felicity of the other life, continues the happiness of this!7

In addition he explained that “the Catholic Religion is most agreeable to a Monarchy, and the Protestant to a Republic,” because “the people of the north have, and will forever have, a spirit of liberty and independence, which the people of the south have not; and, therefore, a religion which has no visible head is more agreeable to the independence of the climate than that which has one….” This was more true of Calvinist societies than Lutheran societies.8

In his writings, Montesquieu explained the role of religion in fostering values which find expression in civil laws. He pointed out that this is also true in non-Christian societies. He expressed the orthodox conviction that Christianity is a religion revealed by God himself. “In a country so unfortunate as to have a religion that God has not revealed, it is necessary for it to be agreeable to morality; because even a false religion is the best security we can have of the probity of men.“9 Thus, even a false religion can positively affect society if it fosters values which find expression in good laws.

While Montesquieu’s countrymen followed the way of the radical philosophes which ultimately led to destruction, the American founding fathers were receptive to his views. He recognized the value of religion, Christianity in particular, in fostering good laws and good government. Knowing the sinful nature of man, he advocated separation of powers by which power checks power. That was Montesquieu’s main contribution to the thinking of the founders of this nation: the separation of powers between the legislative, executive, and judicial branches of government.

Blackstone

Noted for literary quality and readability as well as for legal and historical scholarship, Sir William Blackstone’s famous Commen­taries on the Laws of England are rated as the most famous treatise on common law.

Blackstone (1723-1780) was an English barrister whose talents and inclinations were more suited to teaching law than to practicing law. Harvard Law Professor Duncan Kennedy describes Black- [p.57>] stone’s Commentaries as “an important 18th-century treatise that all legal scholars have heard of but practically no one knows anything about.”10 One reason may be that Blackstone’s God-centered view of law is out of fashion in today’s legal community.

Throughout the latter half of the 1700s and the first half of the 1800s Blackstone’s popularity in America was uneclipsed. It is said that more copies of Blackstone’s Commentaries were sold in America than in England, that his Commentaries were in the offices of every lawyer in the land, that candidates for the bar were routinely examined on Blackstone, that he was cited authoritatively in the courts, and that a quotation from Blackstone settled many a legal argument.11

The founders of the nation read Blackstone with great interest. At least one delegate to the Constitutional Convention, Charles Cotes-worth Pinckney of South Carolina, had been Blackstone’s student at Oxford and was Blackstone’s firm disciple. James Madison wrote in 1821, “I very cheerfully express my approbation of the proposed edition of Blackstone’s Commentaries…12

The founding fathers drew three major points from Blackstone. The first was his conviction that all law has its source in God. Blackstone wrote about various categories of law, one of which is the law of nature:

Law of Nature. This will of his Maker is called the law of nature. For as God, when He created matter, and endued it with a principle of mobility, established certain rules for the perpetual direction of that motion; so, when He created man, and endued him with free will to conduct himself in all parts of life, He laid down certain immutable laws of human nature, whereby that free will is in some degree regulated and restrained, and gave him also the faculty of reason to discover the purport of those laws.

Considering the Creator only a Being of infinite power, He was able unquestionably to have prescribed whatever laws He pleased to His creature, man, however unjust or severe. But as he is also a Being of infinite wisdom, He has laid down only such laws as were founded in those relations of justice, that existed in the nature of things antecedent to any positive precept. These are the eternal, immutable laws of good and evil, to which the Creator Himself in all his [p.58>] Dispensations conforms; and which He has enabled human reason to discover, so far as they are necessary for the conduct of human actions. Such, among others, are these principles: that we should live honestly, should hurt nobody, and should render to everyone his due; to which three general precepts Justinian has reduced the whole doctrine of law….

This law of nature, being coeval with mankind and dictated by God Himself, is of course superior in obligation to any other. It is binding over all the globe in all countries, and at all times: no human laws are of any validity, if contrary to this…

Blackstone then described revealed law, the law of God as found in the Bible.

Revealed Law. This has given manifold occasion for the interpo­sition of divine providence; which in compassion to the frailty, the imperfection, and the blindness of human reason, hath been pleased, at sundry times and in divers manners, to discover and enforce its laws by an immediate and direct revelation. The doctrines thus delivered we call the revealed or divine law, and they are to be found only in the Holy Scriptures. These precepts, when revealed, are found upon comparison to be really a part of the original law of nature as they tend in all their consequences to man’s felicity. But we are not from thence to conclude that the knowledge of these truths was attainable by reason, in its present corrupted state; since we find that, until they were revealed, they were hid from the wisdom of the ages. As then the moral precepts of this law are indeed of the same original with those of the law of nature, so their intrinsic obligation is of equal strength and perpetuity. Yet undoubtedly the revealed law is of infinitely more authenticity than that moral system, which is framed by ethical writers, and denominated the natural law. Because one is the law of nature, expressly declared so to be by God Himself; the other is only what, by the assistance of human reason, we imagine to be that law. If we could be as certain of the latter as we are of the former, both would have an equal authority; but, till then, they can never be put in any competition together.

Upon these two foundations, the law of nature and the law of revelation, depend all human laws; that is to say, no human law should be suffered to contradict these.13

For the founding fathers, a second significant point in Black-stone’s writings was the role of judges. In Blackstone’s view, judges discover and apply law; they do not “make” law. This closely [p.59>] follows from Blackstone’s underlying view of law as part of the revealed law of God or the law of nature. Judges were not a source of law. There are only three sources of law—general custom, the court precedents which present-day judges are not free to alter; special custom, rights of private parties that had ripened into rights by prescription; and statute law, that which was passed by Parlia­ment. In respect to the latter, the role of the judge is to interpret the will of the legislature, not to substitute his own ideas in their place.14 Blackstone, like Montesquieu, saw three branches of government, but envisioned the legislative as superior to the judiciary.

A third significant point in Blackstone’s Commentaries was his expert systematizing of the common law of England. While this systematizing was needed in England, it was even more necessary in America because America was a new nation that did not have England’s long traditions.

The common law of England is generally founded on biblical principles. The Anglo-Saxon Alfred the Great, for example, started his legal code with a recitation of the Ten Commandments and excerpts from the Mosaic law. There were additions to the Anglo-Saxon law. In the eleventh century Henricus Bracton systematized the common law according to Roman law as revised by the Justinian Code. The result was a Christianized version of the Roman law.

The Jewish interpretation of the Old Testament influenced the commercial law of England and the rest of Europe. Throughout much of the Middle Ages the church prohibited money-lending at interest, based on the interpretation of certain passages of Scrip­ture. The Jews interpreted these Scriptures differently and were willing to lend money at interest. Often the only place one could borrow money was in the Jewish community. Jewish scholars such as Rabbi Moses Ben Maimon (Maimondes) codified the Jewish law and it formed the basis for much of English commercial law.

The canon law of the church and the emphasis on individual rights found in the Viking [p.60>] law from portions of England controlled by Norwegians and Danes also influenced English common law.15 The noblemen who forced King John to sign the Magna Carta in A.D. 1215 came mostly from areas which had been under Viking control. While the Vikings were not Christians until about A.D. 1000, their emphasis on individual rights was consistent with biblical principles.

Although for a time it was popular to belittle Blackstone and his beliefs,16 his views are becoming increasingly valued by legal scholars. One of Blackstone’s former students, Jeremy Bentham, charged that Blackstone was an arch-conservative and an “enemy of reformation.” But, fortunately, Bentham never gained the fol­lowing in America that he had in England.

The 1986 edition of Encyclopedia Britannica puts it well: “Blackstone’s description of the law as it existed was accurate and comprehensive, and was of great use to those who wished to reform it.”17 The author adds that it is “amusing” (the 1911 edition changes this word to “curious”) that even today Blackstone’s Commentaries “probably express the most profound political con­victions of the majority of the English people.”

The common law of England is part of the Christian heritage of America. That so much of it survived the migration to America is due in large part to Sir William Blackstone.

Locke

John Locke (1632-1704) was the British philosopher and political theorist who inspired a generation of Americans to thoughts of independence and the rights of man. His best-known works are his “Essay Concerning Human Understanding” and his two treatises “On Civil Government.”

John Locke was born into a Puritan family, the son of a rural Calvinist lawyer who fought on the side of the Puritans in the English civil war. He was educated at Calvinist institutions and emerged with a Calvinistic world view although he was a bit more moderate than some Calvinists.

Locke, sometimes identified as a deist and freethinker, was actually a staunch and fervent Christian. He placed a higher value [p.61>] on human reason than most orthodox Christians; but he used his powers of reason to arrive at Christian truths. According to his understanding of original sin, children are born neither good nor bad, but rather with a “tabula rosa” or “blank slate” upon which good or bad can be written during life. He wrote a treatise titled “The Reasonableness of Christianity,” in which he attempted to prove the truth of Christianity. Locke believed that if he showed people how logical and reasonable Christianity was, everyone would accept it. He did not realize that most objections to Christianity come from the heart and not the mind.

He was a pious man,18 and always held a high view of Scripture. Locke studied the Bible extensively and wrote paraphrases of St. Paul’s Epistles to the Romans, Corinthians, Galatians, and Ephesians, as well as “An Essay for the Understanding of St. Paul’s Epistles, by consulting St. Paul himself.” These were published after his death. He derived his view of Scripture largely from Richard Hooker’s “On the Laws of Ecclesiastical Polity.” Hooker, an Anglican theologian, took a middle-ground position between the Catholics who placed church tradition on a par with Scripture, and the Puritans who stood for Scripture alone. Hooker argued that where the Scripture is clear, Scripture alone must govern. Where Scripture is unclear, church tradition may be employed to help interpret it; and where both Scripture and church tradition are unclear, or where new circumstances arise, reason may also be employed to apprehend God’s truth.19

Locke frequently cited the Bible in his political writings. In his first treatise on government he cited the Bible eighty times. Forty-two of these citations are from Genesis, mostly chapters 1 and 3. Twenty-two biblical citations appear in his second treatise in which he argued that parents have authority over their children based upon the creation of Adam and Eve and their offspring. He also argued that man has the right to possess property since God gave the earth to Adam and later to Noah. He based the social compact which government is established upon “that Paction which God made with Noah after the Deluge. “(4)20 His basic doctrines of parental authority, private property, and social compact were based on the historical existence of Adam and Noah.

John Locke made two major contributions to the thinking of America’s founding fathers. The first was his doctrine of natural law [p.62>] and natural rights which the founding fathers were acquainted with from other sources but found most clearly expressed in Locke’s writings. He based both of these concepts on Scripture:

Human Laws are measures in respect of Men whose Actions they must direct, albeit such measures they are as have also their higher Rules to be measured by, which Rules are two, the Law of God, and the Law of Nature; so that Laws Human must be made according to the general Laws of Nature, and without contradiction to any positive Law of Scripture, otherwise they are ill made.21

Locke identified the basic natural rights of man as “life, liberty, and property.” This phrase is part of the Fifth and Fourteenth Amendments to the Constitution as well as the Declaration of Independence, where Jefferson expanded “property” to “pursuit of happiness.”

Second, Locke contributed the theory of social compact: the idea that men in a state of nature realize their rights are insecure, and compact together to establish a government and cede to that government certain power so that government may use that power to secure the rest of their rights. The social compact theory is similar to the Calvinist idea of covenant. The social compact theory, like the covenant, allows the government only the power God and/or people delegate. This is the cornerstone of limited government. It finds expression in the Tenth Amendment to the Constitution and in the Declaration of Independence which states that governments exist to secure human rights and “derive their just powers from the consent of the governed.”


References


2) Werner Stark, Montesquieu, Pioneer of the Sociology of Knowledge (Toronto: University of Toronto Press, 1961), pp. 14-16.

3) Robert Shackleton, Montesquieu: A Critical Biography (Oxford: Oxford University Press, 1961), pp. 395-96.

4) Montesquieu, The Spirit of Laws (New York: Hafner, 1949, 1962), 1:1.

5) Ibid., 1:2.

6) Ibid., 1:2-3.

7) Ibid., 24:27-29.

8) Ibid., 26:30-31.

9) Ibid., 24:32.

10) Duncan Kennedy, “The Structure of Blackstone’s Commentaries,” Buffalo Law Review (1979), 28:203-375, 209.

11) Lutz, “Relative Influence of European Writers,” pp. 195-96.

12) Madison, quoted by Verna M. Hall, The Christian History of the Constitution of the United States of America: Christian Self-Government with Union (San Francisco: Founda­tion for American Christian Education, 1962, 1979), p. 130A.

13) Sir William Blackstone, Commentaries on the Laws of England, quoted by Hall, Christian History of the Constitution, pp. 140-46.

14) Kennedy, “Structure of Blackstone’s Commentaries,” p. 250.

15) Thamar E. Dufwa, The Viking Laws and the Magna Carta: A Study of the Northmen’s Cultural Influence on England and France (New York: Exposition Press, 1963), pp. 32-92. For a general discussion and detailed documentation of the Christian and Jewish influence on the development of English common law, see John Eidsmoe, The Christian Legal Advisor (Grand Rapids: Baker, 1984, 1987), pp. 26-29.

16) “[Blackstone] had only the vaguest possible grasp on the elementary conceptions of law. He evidently regards the law of gravitation, the law of nations, and the law of England, as different examples of the same principle—as rules of action or conduct imposed by a superior power on its subjects. He propounds in terms a fallacy which is perhaps not quite yet expelled from courts of law, viz., that municipal or positive laws derive their validity from their conformity to the so-called law of nature or law of God. ‘No human laws,’ he says, ‘are of any validity or contrary to this”’ (Encyclopedia Britannica, 1896, s.v. “Blackstone, Sir William”; cf. 1911 ed.).

17) Encyclopedia Britannica: Micropedia, 1986, s.v. “Blackstone, Sir William.”

18) Encyclopedia Britannica: Macropaedia: Knowledge in Depth, 1986, s.v. “Locke.”

19) Encyclopedia Britannica: Micropedia, 1986, s.v. “Hooker, Richard.”

20) John Locke, Of Civil Government, Book Two, II:11, 111:56; V:25, 55; XVIII:200.

21) Locke, ibid., XI:136n.

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Why We’re Losing Liberty ~ Robert George (PragerU)

Was the Constitution written in a way that was designed to protect freedom and limit the government’s size? Has it been effective in doing that? And what’s the Supreme Court’s record when it comes to protecting our rights? Robert George, Professor of Jurisprudence at Princeton University, answers these questions and more.