Walter Lippmann Quotes

The call for individual liberty and the right of personal property by clergy is surprising to many. This Cahier was the consensus of the Clergy of Blois in 1789. There were cahiers of several provinces of France—some by the clergy, some by the nobles. What is fascinating is the emergence of many of the pre-Revolutionary French concepts. The example of the American revolution and its principles was known throughout the educated classes of France.

Jefferson and others insisted on a Bill of Rights where rights were explicit and not inferred or dependent on the goodness of the particular government in power.

Note the use of the phrase “against the government.” One of the unique aspects of the American Constitution and The Bill of Rights is that the government is considered a potential and even probable infringer on the liberties of the people. It is almost as though the government was the potential enemy. Modern libertarians state this very explicitly and it is ever present in the views of both the right and left wings of American politics. Most centrists recoil at the thought that some citizens see the government as the enemy, but even in America there have been times where the government has infringed on the rights of citizens only to have the courts or future administrations and Congresses correct the error.

There was a well orchestrated Congressional effort to pass a Constitutional Amendment to prohibit flag burning. There had been no recent incident of flag burning and there had been little or no flag burning for decades since the Vietnam War. Yet a small group of Congressmen had managed to get the issue onto the American national political agenda by skillful manipulation of the media and excellent PR.

See {587703} for a similar statement by a Supreme Court Justice.

In 1836 the House of Representatives adopted the so-called "Gag Rule" whereby the house could not act on all further petitions regarding slavery, even though thousands of petitions were being received. Adams was one of the few who protested the Gag Rule:. Adams even submitted petitions with which he did not agree:. Every year Adams attempted to get the Gag Rule repealed. He was even threatened with censure for his efforts, but his status as an ex-president protected him. Finally, in 1844, Adams' perennial resolution carried:

This is probably the first known use of the Bill of Rights phrase in the English language. For the earliest American use, see Edward Rutledge.

See Rufus King for the opposite position. {610244}

See George Mason for the contrary view. {606646}

Even in 1828 there were issues of which politicians would protect Constitutional rights and which might not.

Hayward claimed that Wilson was the first American President who ever criticized the American Constitution. Many do not agree as Madison and Jefferson in part, along with most other Americans, found the Constitution so wanting that it was ratified only on condition of the passage of the Bill of Rights. Jackson, was distressed by the limitations on the President and many others had their objections, but Wilson, before he became a politician was a prominent academic political scientist and wrote voluminously and had an intellectual following so his criticism was not considered so “political” as others.

Many New Yorkers and others felt that since the attack on the World Trade Center was made in the name of Islam, the mosque and commuity center should be built in another location further from Ground Zero. Ellison was debating someone who argued that the Mosque should not be built so that sensitivity can be shown for those New Yorkers who lost relatives and friends in the attack of September 11. Rather than insist on their Constitutional rights, the Muslim leadership of the project, moved the location somewhat further away from Ground Zero.

In WWI Congress had passed a law that prohibited anyone from undermining or interfering with the war effort. The defendants had passed out anti-war literature to young men heading for military service. The court then overlooked the First Amendment and came up with a strange logic where the “clear and present danger” was the test of whether the First Amendment would apply. The anti war pamphleteers went to jail. Today, we look back on this and find it very surprising but this is yet another example of erosion of freedom and civil liberties when the nation is at war. By the 1950s, the Supreme Court had reversed itself and the First Amendment was restored to its original intent.

Hale's "Church" was a White Supremicist violent, terrorist, organization. Hale himself was jailed for attemoting to assassinate a Federal Judge.

What was to become the 14th Amendment was being discussed. Several of the most radical Republicans drafted language that would allow Congress to make any law regarding life, liberty or property, so that they could be sure that the States would not make their laws in a discriminatory manner. However, Hotchkiss and the majority wanted to be sure the laws were not discriminatory but they didn’t want Congress to have the power to make any law regarding life, liberty and property for every state. The current version of the 14th Amendment just prohibited discrimination in laws, not empowering the Federal Government to override the state governments in most important areas.