The English Bill of Rights 1689

Posted by $ MikeMarotta 11 years, 6 months ago to History
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In order to understand the American Revolution, and the American Bill of Rights , it helps to know the Bill of Rights of 1689. The American colonists only wanted their rights as English subjects. Following the Glorious Revolution of 1688, these were among the new guarantees:
That it is the right of the subjects to petition the king, and all commitments and prosecutions for such petitioning are illegal;

* That the raising or keeping a standing army within the kingdom in time of peace, unless it be with consent of Parliament, is against law;

* That the subjects which are Protestants may have arms for their defence suitable to their conditions and as allowed by law;

* That election of members of Parliament ought to be free;

* That the freedom of speech and debates or proceedings in Parliament ought not to be impeached or questioned in any court or place out of Parliament;

* That excessive bail ought not to be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted;

* The Avalon Project of Yale Law school provides a rich treasury of original documents.
http://avalon.law.yale.edu/17th_century/...


All Comments

  • Posted by khalling 11 years, 6 months ago in reply to this comment.
    there are alot of abstractions in the overall conversation I am responding to, sorry for my confusion as to who brought up "might makes right." Let's start with non-aggression. Rand did not support non-aggression. If there are rights agreed upon by foundations philosophically (ideas) then those rights must be enforced. Force is part of the word enforce. There are different ways to enforce those property rights, but I do not consider the enforcement of a contract as initiating force. The flaw rests in the assumption that I can make you acknowledge these rights. Somewhere in this post, I gave the example of the Afghanistan. As long as we have guns pointed at people we can somewhat get them to do as we want, but the minute we look the other way-
    If the Constitution put into place had been based on natural rights(it wasn't) and the people agreed protecting natural rights were important to the future of their nation, people would begin to focus on building lives and investing in property instead of fighting against one another or fighting against other nations under their insane religion of jihad. The guns are there regardless, but chaos is there the minute the gun is put down. The ideas must come first and the guns are the means of self defense. The resulting prosperity is a powerful motivator to focus on property and away from death and destruction of property
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  • Posted by Robbie53024 11 years, 6 months ago in reply to this comment.
    You cite just one example of the naiveté of AR regarding gun control/registration. Of course it matters whether guns are registered. How could she not have observed this in Russia and Germany?

    Oh, btw, here you are on your own thread (purportedly all about the English Bill of Rights of 1689) and you're discussing gun control, gun registration, nuclear weapons, jet airplanes, and gold-based currency. I'm sorry, but I must have missed those in the embodiment of the original post. Talk about hypocritical.
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  • Posted by Robbie53024 11 years, 6 months ago in reply to this comment.
    Oh, and I didn't "take over" this thread. As with all such dialogue's they take on a life of their own. I merely jumped in and contributed. If Scott doesn't want my contributions, he's able and free to limit my ability to do so. It seems rather arrogant for you to assume you know what they want or to speak for those owners.

    You seem to think that this board is a playground for those who only think exactly as do you. I admire much of what AR had to say in describing how the downfall comes about, but not necessarily in how she felt that there would be a solution. Why do you seek to deny me the ability to value what I choose and reject what I choose? That seems to be a subtle form of power/control on your part.
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  • Posted by Robbie53024 11 years, 6 months ago in reply to this comment.
    Sorry to see you go. While we have some differing views, it's always good to have someone to sharpen one's arguments with (and sometimes, even be convinced otherwise ;-)
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  • Posted by Robbie53024 11 years, 6 months ago in reply to this comment.
    Why? They weren't addressed to you, unless you are offended by the discussion in general? And if that's the case, then I don't understand why you are offended. I thought that open discussion was valued here?
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  • Posted by j_IR1776wg 11 years, 6 months ago in reply to this comment.
    Excellent post Mike. Thanks for finding the Avalon Project - I've bookmarked it for future reference.

    Kudos also for the observation that the Constitution was the culmination of thousands of years of effort by tens of thousands of men who were both thinkers and doers. It is amazing how often this has to be repeated here and everywhere.
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  • Posted by Robbie53024 11 years, 6 months ago in reply to this comment.
    I think that you live in a fantasy world - either one created by AR or one of your own creation. I, however, live in the real world of what is, not what I would like it to be.
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  • Posted by Robbie53024 11 years, 6 months ago in reply to this comment.
    And please explain the flaw in the reasoning, not as an emotional desire, but as one of historical observation. Like I've said here in the past, I would like nothing more than for non-aggression to be viable. I just don't see human kind as an animal that has demonstrated that it can operate that way.
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  • Posted by j_IR1776wg 11 years, 6 months ago in reply to this comment.
    Come on Wanderer no contradictions allowed here. You dis philosophy as useless then happily quote the best of our intellectuals - Rand, Jefferson, and Douglass on this thread alone. Try reading Rand's Philosophy Who Needs It http://www.aynrand.org/novels/philosophy... and then restate your views on a new thread.
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  • Posted by khalling 11 years, 6 months ago in reply to this comment.
    oops, sorry, I missed that you said that. I think the fluidity of movement(for as long as it will be allowed in the US) leads to more of a virtual society. Instead of thinking physical borders think trading groups all over the world. They exist right now and you can be a part of that. OF course governments hate it and they do their best to squash them (one world govt for example), and to keep you in chains(we are the only large nation to make you pay to be its citizen if you live elsewhere) but clever people figure out work arounds. The trick is getting like minded individuals to connect. Objectivists and libertarians don't herd well. :)
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  • Posted by Hiraghm 11 years, 6 months ago in reply to this comment.
    I reject your reality and substitute my own...

    (My own personal theory of relativity...)
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  • Posted by Hiraghm 11 years, 6 months ago in reply to this comment.
    kinda like...

    "We can evade bathing, but we cannot evade the consequences of evading bathing"?
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  • Posted by $ 11 years, 6 months ago in reply to this comment.
    Your personal logo has "Galt" and "Taggart" with an American flag, but your contradictions are your own problem to deal with. The discussion here was supposed to be about the English Bill of Rights of 1689. You took it over because you feel that this discussion board is your personal platform; and you made it that. Your own words here explain why: "... I would like to be able to accept non-aggression, I just don't find history to support it ... Whose family isn't ruled by some level of force and subjugation? If you say that yours isn't, then I think you are fooling yourself."

    I have suggested before that the skilled interrogator allows the subject to speak about "other" people knowing that it is projection from within. I expect that your family of origin was ruled by force. You accept that as a premise.

    John Galt and Dagny Taggart, whose names you invoke, had a different view because Ayn Rand wrote them into life.

    As khalling has pointed out, the success of capitalism, enterprise, and invention - ultimately, of America - depended on reason and agreement. It was not perfect. It was never complete, either socially or even (largely) within any one individual. However, overall, generally, it was individuals who accepted the primacy of existence and who applied reason to their perceptions who came to offer value for value to others.

    Not only is it moral, it works. It must work because it is moral. A is A.

    In fact, that is why the English Bill of Rights was created, to provide a moral basis for that government.
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  • Posted by $ jbrenner 11 years, 6 months ago in reply to this comment.
    Khalling captured what I meant by, "The closest anyone will ever come to an acceptable society for Objectivism happened already in this country from the Revolutionary War to 1900." Khalling, you are more eloquent as always.
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  • Posted by $ jbrenner 11 years, 6 months ago in reply to this comment.
    The problem comes down to agreeing on certain rights. In America these were viewed as inalienable, with emphasis on the word were. We in the Gulch may agree to that, but many (particularly looters and moochers) do not. Consequently we get thugs.

    As for the reasons why so much of the world starves, I couldn't agree with you more. The ideas come first.
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  • Posted by khalling 11 years, 6 months ago in reply to this comment.
    Rand would also point out that the US was very close to an Objectivist society for a 100-150 years. Basically open borders, no income tax system, common law was based on natural rights, near perfect capitalism, contracts enforceable, no federal reserve, very few controls on capital, low tariffs, It wasn't perfect..but it was close. and under such an Objectivist system, this fledgling upstart nation grew to the most prosperous, most inventive, most socially mobile in the History of the World.
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  • Posted by khalling 11 years, 6 months ago in reply to this comment.
    "This entire thread illustrates why Objectivism can never be expected to work in a large, open borders society. It could well work for a country the size of Liechtenstein."
    1. Rand would never have advocated for the non-aggression principle.
    2.When Locke was formulating his philosophy based on natural rights, his country was a monarchy. When the Constitution of The United States was drawn up, it was based in no small part on natural rights. I am sure the rest of the world was certain our new nation would fail under a system of capitalism. More important than where a nation's borders are is the idea that men agree on a system based in logic and reason. Rand argued that capitalism was that system-if kept pure. The cooperation will necessarily follow. BUt the foundations of the system rest in man's right to himself and the products(property) of his mind.
    Often, you'll hear someone say about the state of constant wars and fuedalism in African nations-people are starving-that's why there's so much chaos. We have to feed people first, then figure out their governments. In the History of the World, the ideas have always come first to pull people out of a Malthusian Trap. This is why we are seeing the disaster of an Egypt, Lebanon, Afganistan, Iraq, etc. Our own nation did not set up governments based on our system of Capitalism and natural rights.-which are nothing more than ideas, concepts put into action- no matter how large the physical landscape. This is not an argument of point of a gun vs. non-aggression. Under a natural rights system of capitalism people will voluntarily cooperate-value for value. But those rights are protected and enforced and we agree to that. When the government goes beyond their instituted purpose-we are right back to the drawing board on ideas. If we don't agree on certain foundations we will rule and be ruled as thugs.
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  • Posted by Robbie53024 11 years, 6 months ago in reply to this comment.
    Who said "all about force?" Of course the world is not "all about force." And who said that "might makes right?" I certainly didn't - in fact, if you find a previous post (in this thread or another), I actually said that that isn't true, but might often makes things final. The might of the Nazi's didn't make the slaughter of 12MM plus people "right", but it certainly made it final - for them.

    But, to ignore that force is used, is foolish, naïve, and dangerous.

    No, the Am Rev did not begin because we had a bigger army. Nor was it won because we had better ideas. It was a combination of both.
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  • Posted by Hiraghm 11 years, 6 months ago in reply to this comment.
    AFTER waging Total War on what the Union hypocritically asserted were fellow citizens. The orders for this Total War came from Sheridan, who duplicated the practice in the Plains Indians wars in future years.

    If the Confederate generals had been a bit less "honorable", and more despicable like their Union counterparts, they might have won their independence. Why they put Old Granny in charge I will *never* understand.
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  • Posted by Solver 11 years, 6 months ago in reply to this comment.
    Unlike animals, man can reason. History is strewn with groups who have tried to rule others using their “might makes right” policies. Yet the more man learns to reason and defend a live and let live philosophy, the more the life of these particular individuals tend to be miserable and/or short.
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  • Posted by Hiraghm 11 years, 6 months ago in reply to this comment.
    "No Constitutional provision allowed a State to leave the Union." (fixed capitalization for you)

    No Constitutional provision, or other provision of English law, allowed the colonies to secede from the crown, either.

    But in the DoI, the Founding Fathers make it clear that people DO have a right to separate from a body politic which is inimical to their well-being... as they, and they alone, judge it.

    I further point to both the 9th and 10th Amendments to refute your assertion. Each State is not a province of a central government, but a sovereign republic unto itself; in fact, a State cannot join the Union until it has provided its people with a republican form of government.

    A State is not a province.

    While most (white) people in the South wanted to leave the Union, the opinion of most (black) people was irrelevant, they not being citizens either of their States (the path through which most U.S. citizens get their U.S. citizenship), or of the Union.

    While it might not have been clear that war was the only way out, the U.S. didn't try anything else, either. They sent forces to seize a military post on foreign soil, a key post. The U.S. interest in keeping Southern States in the Union wasn't some kind of paternalism, but greed for the monies generated by Southern trade.
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  • Posted by dbhalling 11 years, 6 months ago in reply to this comment.
    The absurdity of your argument is demonstratable - it called the American Revolution.

    You are not being practical, you are being anti-conceptual.
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  • Posted by Hiraghm 11 years, 6 months ago in reply to this comment.
    There has never been an American Revolution. The war we fought was a war of independence, to win our independence from the British crown, NOT to place a new ruler on the throne.
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