The Republican Position on USC T 18 Ch 115 Sec 2383ff

2001-11-09 Thread mmotyka

What a guy!


Abraham Lincoln :

"Whenever they shall grow weary of the existing Government, they can
exercise their constitutional right of amending it or their
revolutionary right to dismember or
overthrow it." 

President Abraham Lincoln, "First Inaugural Address" (available at
http://www.bartleby.com/124/pres31.html) 

"Any people anywhere, being inclined and having the power, have the
right to rise up, and shake off the existing government, and form a new
one that suits them
better. This is a most valuable,---a most sacred right---a right, which
we hope and believe, is to liberate the world. Nor is this right
confined to cases in which the
whole people of an existing government, may choose to exercise it." 

(Speech in the United States House of Representatives, Jan. 12, 1848) 


As far as I am concerned, to the extent that a government restricts
speech against it, it betrays its weakness and strengthens the
oppostion. When was the last time we heard one of our current crop of
political weenies speak so clearly or with such faith in the governed?
Not in my lifetime.


Mike




RE: The Republican Position on USC T 18 Ch 115 Sec 2383ff

2001-11-09 Thread Trei, Peter

> From: [EMAIL PROTECTED][SMTP:[EMAIL PROTECTED]]
> What a guy!
> Abraham Lincoln :
> 
> "Whenever they shall grow weary of the existing Government, they can
> exercise their constitutional right of amending it or their
> revolutionary right to dismember or
> overthrow it." 
> 
> President Abraham Lincoln, "First Inaugural Address" (available at
> http://www.bartleby.com/124/pres31.html) 
> 
> "Any people anywhere, being inclined and having the power, have the
> right to rise up, and shake off the existing government, and form a new
> one that suits them
> better. This is a most valuable,---a most sacred right---a right, which
> we hope and believe, is to liberate the world. Nor is this right
> confined to cases in which the
> whole people of an existing government, may choose to exercise it." 
> 
> (Speech in the United States House of Representatives, Jan. 12, 1848) 
> 
> 
> As far as I am concerned, to the extent that a government restricts
> speech against it, it betrays its weakness and strengthens the
> oppostion. When was the last time we heard one of our current crop of
> political weenies speak so clearly or with such faith in the governed?
> Not in my lifetime.
> Mike

As I said in an earlier post, there is usually a gulf - a huge one, between
what institutions say and what they do

Consider these actions of Lincoln in the light the above quotes:

>From 'Getting Lincoln Right':
http://www.lewrockwell.com/dieteman/dieteman50.html

[...]
Also, should those who debate the greatness of Lincoln
ignore the fact that he arrested and exiled a US Congressman
from Ohio - Clement Valladingham - who was also running for
governor of Ohio at the time, over anti-war remarks made
during a campaign speech?  Valladingham was arrested in his
bedroom in the middle of the night.

Should one also overlook Lincoln's destruction of the rule
of law in "loyal" Maryland? When Maryland voiced its support
for the CSA and appeared itself ready to secede, Lincoln
arrested 31 Maryland legislators, the mayor of Baltimore
(the nation's 3rd largest city at the time), and a US
Congressman from Maryland, as well as numerous editors and
publishers.

Not only did Lincoln imprison two US Congressmen, he also
wrote out an arrest warrant for the Chief Justice of the US
Supreme Court, Roger Taney, after Taney wrote the opinion in
Ex Parte Merryman (1861) rebuking Lincoln's illegitimate
suspension of habeas corpus (see Charles Adams, p
46-53). John Marshall, whose opinion in Marbury v. Madison
(1803) famously declared that "It is emphatically the
province and duty of the judicial department to say what the
law is," also wrote the opinion in Ex Parte Bollman and
Swartwout (1807) declaring that suspension of habeas corpus
was a power vested only in the Congress. Lincoln simply
ignored the law. Additionally, US Army troops refused to
release Merryman into the custody of a federal marshal sent
by Taney pursuant to the court order that Merryman be freed.

Lincoln, then, imprisoned members of the federal legislative
branch, and also sought to imprison the chief member of the
federal judiciary. What happened to checks and balances?
Lincoln, with the backing of the army, simply exercised
whatever powers he desired. As noted Lincoln scholar Mark
Neely writes in The Last Best Hope of Earth, Lincoln
arrested the Marylanders "without much agonizing over their
constitutionality" (p 133).
[...]




Re: The Republican Position on USC T 18 Ch 115 Sec 2383ff

2001-11-09 Thread mmotyka

OK, you got me, so I'm guilty of that political trick of ignoring the
broader picture and using only partial facts in support of my own narrow
point of view. sosumi ;)

The words, taken on their own, are fine words and I stick by the bit
about a government's willingness to persecute dissidents being a sign of
its inherent weakness and lack of fitness to serve.

Mike

"Trei, Peter" wrote:
> 
> > From: [EMAIL PROTECTED][SMTP:[EMAIL PROTECTED]]
> > What a guy!
> > Abraham Lincoln :
> >
> > "Whenever they shall grow weary of the existing Government, they can
> > exercise their constitutional right of amending it or their
> > revolutionary right to dismember or
> > overthrow it."
> >
> > President Abraham Lincoln, "First Inaugural Address" (available at
> > http://www.bartleby.com/124/pres31.html)
> >
> > "Any people anywhere, being inclined and having the power, have the
> > right to rise up, and shake off the existing government, and form a new
> > one that suits them
> > better. This is a most valuable,---a most sacred right---a right, which
> > we hope and believe, is to liberate the world. Nor is this right
> > confined to cases in which the
> > whole people of an existing government, may choose to exercise it."
> >
> > (Speech in the United States House of Representatives, Jan. 12, 1848)
> >
> >
> > As far as I am concerned, to the extent that a government restricts
> > speech against it, it betrays its weakness and strengthens the
> > oppostion. When was the last time we heard one of our current crop of
> > political weenies speak so clearly or with such faith in the governed?
> > Not in my lifetime.
> > Mike
> 
> As I said in an earlier post, there is usually a gulf - a huge one, between
> what institutions say and what they do
> 
> Consider these actions of Lincoln in the light the above quotes:
> 
> >From 'Getting Lincoln Right':
> http://www.lewrockwell.com/dieteman/dieteman50.html
> 
> [...]
> Also, should those who debate the greatness of Lincoln
> ignore the fact that he arrested and exiled a US Congressman
> from Ohio - Clement Valladingham - who was also running for
> governor of Ohio at the time, over anti-war remarks made
> during a campaign speech?  Valladingham was arrested in his
> bedroom in the middle of the night.
> 
> Should one also overlook Lincoln's destruction of the rule
> of law in "loyal" Maryland? When Maryland voiced its support
> for the CSA and appeared itself ready to secede, Lincoln
> arrested 31 Maryland legislators, the mayor of Baltimore
> (the nation's 3rd largest city at the time), and a US
> Congressman from Maryland, as well as numerous editors and
> publishers.
> 
> Not only did Lincoln imprison two US Congressmen, he also
> wrote out an arrest warrant for the Chief Justice of the US
> Supreme Court, Roger Taney, after Taney wrote the opinion in
> Ex Parte Merryman (1861) rebuking Lincoln's illegitimate
> suspension of habeas corpus (see Charles Adams, p
> 46-53). John Marshall, whose opinion in Marbury v. Madison
> (1803) famously declared that "It is emphatically the
> province and duty of the judicial department to say what the
> law is," also wrote the opinion in Ex Parte Bollman and
> Swartwout (1807) declaring that suspension of habeas corpus
> was a power vested only in the Congress. Lincoln simply
> ignored the law. Additionally, US Army troops refused to
> release Merryman into the custody of a federal marshal sent
> by Taney pursuant to the court order that Merryman be freed.
> 
> Lincoln, then, imprisoned members of the federal legislative
> branch, and also sought to imprison the chief member of the
> federal judiciary. What happened to checks and balances?
> Lincoln, with the backing of the army, simply exercised
> whatever powers he desired. As noted Lincoln scholar Mark
> Neely writes in The Last Best Hope of Earth, Lincoln
> arrested the Marylanders "without much agonizing over their
> constitutionality" (p 133).
> [...]