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/...


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  • Posted by Hiraghm 11 years, 6 months ago in reply to this comment.
    "But on the last day he seemed to be trying to find out what we had learned. One girl told him bluntly:
    "My mother says that violence never settles anything."

    "So?" Mr. Dubois looked at her bleakly. "I’m sure the city fathers of Carthage would be glad to know that. Why doesn’t your mother tell them so? Or why don’t you? "

    They had tangled before — since you couldn’t flunk the course, it wasn’t necessary to keep Mr. Dubois buttered up. She said shrilly, "You’re making fun of me! Everybody knows that Carthage was destroyed!"

    "You seemed to be unaware of it," he said grimly. "Since you do know it, wouldn’t you say that violence had settled their destinies rather thoroughly? However, I was not making fun of you personally; I was heaping scorn on an inexcusably silly idea — a practice I shall always follow. Anyone who clings to the historically untrue — and thoroughly immoral — doctrine that ‘violence never settles anything’ I would advise to conjure up the ghosts of Napoleon Bonaparte and of the Duke of Wellington and let them debate it. The ghost of Hitler could referee, and the jury might well be the Dodo, the Great Auk, and the Passenger Pigeon. Violence, naked force, has settled more issues in history than has any other factor, and the contrary opinion is wishful thinking at its worst. Breeds that forget this basic truth have always paid for it with their lives and freedoms." "

    - Robert A. Heinlein, "Starship Troopers"

    I repeat, it makes no difference to me if I have to fight Iranian terrorists or American soldiers; my liberty is not for sale, not for prosperity, not for comfort and not for convenience... and not to pay a phantasmic "debt". And the American soldier who thinks to make of himself a Praetorian best think twice, because there's a lot of rednecks like me out there. And we know how to shoot.


    (for clarity; I specify "American soldier" because I'm American).
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  • Posted by khalling 11 years, 6 months ago in reply to this comment.
    your argument, like wanderer's is basically anti-conceptual. If you were correct, then there would never have been huge factories built, the airplane, the computer you are typing on. These things are created through VOLUNTARY exchange and rational thinking. The argument that world is all about force and all this talk about natural rights and Objectivism is just so much silliness is factually wrong as the US and the Renaissance have proven. Yes, there are wars and have been wars-but this is the cynical attitude that ideas do not matter. As MM pointed out, the concept of "might makes right," under your argument, means "right" is non-existent. This site is for the discussion of ideas, which do matter. The American Revolution did not happen because we had a bigger army. Ideas do matter, and that was the point of the original post.
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  • Posted by Hiraghm 11 years, 6 months ago in reply to this comment.
    "Telling the truth is not an indication of advocacy. If you've taken up arms to defend the helpless I'll listen. If not shut the fuck up and listen to someone who has."

    Understand this very, very carefully. I don't need you or any <expletive> soldier. My freedom is not a currency to be traded between tyrants, whether they wear Mullah's robes or olive drab uniforms.

    If I have to <expletive> fight you instead of fighting Islamic terrorists or communist dictators, I've gained nothing. In point of fact, I've lost ground because the terrorists and dictators start out overseas, not in my neighborhood.

    If you donned the uniform, you did so voluntarily. You were *paid* for whatever you did, both in coin and in whatever squishy orgasmic feelings you got from being military.

    I am not helpless, and if the price of defense is surrendering khalling's 1st Amendment rights... bring it, <expletive>. A Navy Seal with a hundred years service and 12 C.M.H.s is no different to me than an Iranian mullah, if either demands surrendering of fundamental liberties, either out of religious subjugation or indebtedness.

    I happen to agree with your premise, but will violently oppose anyone who attempts to diminish my liberty by imposing a debt that does not exist; because while you were out there defending the helpless instead of enforcing your nation's will (on our dime), you were also defending your *own* rights. I'm willing to offer respect in appreciation for your efforts, but you get nothing more.

    The nonviolence of Europe's last 50 years was a result of American hegemony. The violence in the 3rd world is a result, ironically, of American beneficence, and European political correctness on steroids. After the marine barracks bombing under Reagan's watch, it should have become a death-penalty offense for any middle-eastern moslem to look sideways at an American, but we didn't do that. Had the Europeans not surrendered their colonies in the name of a flawed-but-noble-sounding political system (democracy), it's extremely unlikely much of the violence in the former colonies would have taken place, from the Rawandan slaughters to the Nigerian kidnappings.

    I'll conclude my tirade in another message.
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  • Posted by Robbie53024 11 years, 6 months ago in reply to this comment.
    I agree with the exception that I would like to be able to accept non-aggression, I just don't find history to support it being viable given the nature of humanity. A proper retort might be that it needs to start with someone, and that would be fine. But if it starts with me, and my neighbor is not participating as well, that will possibly result in my subjugation, so what have I gained?

    There has only been one significant and prolonged counter to force and subjugation, and even that has had its significant failings.

    Look at even the smallest form of community, the family. 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.
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  • Posted by $ jbrenner 11 years, 6 months ago in reply to this comment.
    My family is heading to Charleston in July. I will be glad to give a report then. I did go there for a day when in high school, but frankly I know a lot more now than I did then.
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  • Posted by $ jbrenner 11 years, 6 months ago in reply to this comment.
    The South viewed secession as the way out and Lincoln as butting his nose in outside his jurisdiction. They viewed an economic blockade as an act of war. They did try to make deals for 20 years prior to 1861 to postpone what turned out to be inevitable. Ayn Rand had some choice words to say about such compromises, and eventually the contradictions could no longer be tolerated.
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  • Posted by $ jbrenner 11 years, 6 months ago in reply to this comment.
    Who started The War Between the States at Ft. Sumter is a matter of perspective. Does it start with the firing of the first shot or with an economic blockade?

    Certainly at the time, and arguably today, Texas had (has?) the right to secede. Wanderer and I just got into an interesting discussion of that.
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  • Posted by $ jbrenner 11 years, 6 months ago in reply to this comment.
    Robbie says that "3) (the failing in my view) Others must also see that this is the only rational way for all of us to live together. If that were true, then the anarcho-capitalists might be on to something, as we would have little need for government. But, this is not in keeping with human nature, and thus, if it is not true, then the rest of Objectivism is built on a dream."

    What we all must do, if we are hoping to expect that we can live in a society larger than the Gulch, is realize that there are those who agree with Wanderer and Robbie on "I'm not sure that what Wanderer has been saying is that the use of power is "right," merely that there are those who will do so. That is reality. That is also my point about human nature and why the fundamental basis for Objectivism, in my humble opinion, is fallacious." They are both right on this point. They view themselves as being non-contradictory but do not accept the non-aggression principle (premise) as being "the only rational way for all of us to live together."

    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. The closest anyone will ever come to an acceptable society for Objectivism happened already in this country from the Revolutionary War to 1900. Given the mobility of humanity now, it could never once again be re-established on a large scale.
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  • Posted by $ 11 years, 6 months ago in reply to this comment.
    Khalling is right about your not identifying the key concepts. "Most people in the world" do not have nuclear-generated electrical power. The problem is not that "most people in the world" are ruled by illegitimate force. (Thailand: Thai army declares martial law By Amy Sawitta Lefevre -- BANGKOK - Thailand's army declared martial law nationwide restore order after six months of street protests that have left the country without a proper functioning government, but denied that the surprise move amounted to a military coup." Reuters, 20 May 2014) The problem is how to solve that.

    Rand's solution was to offer a culture of reason. The culture of reason begins with individuals who accept the primacy of existence. It may not sound as thrilling as bugle calls and barricade, but it the only thing that will actually work to bring about a better future.
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  • Posted by khalling 11 years, 6 months ago in reply to this comment.
    The federal govt came in to control Ft. Sumpter. Imagine Texas seceding. The govt would say those military bases are ours and Texas would strongly disagree. Ironically I had a long talk last night with a retired professor from the Citadel.
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  • Posted by $ 11 years, 6 months ago in reply to this comment.
    Thanks, j_IR1776wg. Atlas Shrugged to the contrary, Ayn Rand typically did not use a lot of words to say what she meant, but, rather, chose exactly, precisely, and accurately the _right_ words. That said, she tended to paint history with a broad brush. That is why I pointed to the Avalon Project. The Constitution did not spring from the forehead of Zeus. It was not causeless or even _sui generis_. The colonists had 150 years of practice writing constitutions and compacts and charters. The radical idea was "natural rights." Previously a "right" was _granted_. Locke (and others) found the basis for political rights in the nature of being human.

    On the matter of revolution, see Ayn Rand on gun control in _Ayn Rand Answers: The Best of Her Q&A" edited by Robert Mayhew.

    "Q: What is your opinion of gun control laws?
    A: I do not know enough about it to have an opinion, except to say that it is not of primary importance. Forbidding guns or registering them is not going to stop criminals from having them; nor is it a great threat to the private, non-criminal citizen if he has to register the fact that he has a gun. It is not an important issue, unless you're ready to begin a private uprising right now, which isn't very practical. [Ford Hall Forum, 1971]"

    Look at the discussions we have here on building a real Gulch or a real Atlantis. Unless you have a shield against nuclear weapons, going to war against the United States is not practical. Saddam Hussein had the fifth largest army in the world. His air force was a little smaller. I have never heard a Gulcher say that they have an old F-111 up and running on the weekends... No satellites... Basically, the gun-totin' Gulchers are mini-Saddams with mini-armies of mini-weapons.

    See also the discussion on a gold-based federal currency, where Rand cautioned against it as some kind of stop-gap. These changes must come from the ground upwards, from within individuals who are committed to reason. Start there and the rest follows.
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  • Posted by Robbie53024 11 years, 6 months ago in reply to this comment.
    Actually, I think that Objectivism is based fundamentally on just that. See my response to KH below.
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  • Posted by Robbie53024 11 years, 6 months ago in reply to this comment.
    I'm not sure that what Wanderer has been saying is that the use of power is "right," merely that there are those who will do so. That is reality. That is also my point about human nature and why the fundamental basis for Objectivism, in my humble opinion, is fallacious.

    As I've said before, I'm no student of Objectivism, as what I did learn seemed to be contrary to fundamental human nature, and so if it violates that, I didn't deem it worth much more effort to learn (although I can always be persuaded - but it takes more and more evidence to do so as time goes by, guess I'm getting set in my ways).

    As Wanderer correctly points out, all through human history we see one human looking to dominate other humans, generally through the use of force. Occasionally we see people subject themselves to servitude willingly (Jonestown comes to mind), but generally it comes at the use of force or the threat of force. That is reality.

    Objectivism is based on some notion that 1) I own myself, 2) because I own myself and others own themselves I should treat them with the same respect and autonomy as I would expect them to treat me as persons who own themselves, and 3) (the failing in my view) Others must also see that this is the only rational way for all of us to live together. If that were true, then the anarcho-capitalists might be on to something, as we would have little need for government. But, this is not in keeping with human nature, and thus, if it is not true, then the rest of Objectivism is built on a dream.

    If we accept that the nature of humanity is that one man will seek to subjugate his fellow man, then we have a basis for the need of government at the very least - but governments are made of men and men are corruptible and are subject to the same desire to subjugate their fellow man, so even government is not sufficient.
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  • Posted by $ 11 years, 6 months ago in reply to this comment.
    Sorry, JB, but while I agree that "The War Between the State" is correct (it was not a civil war), the phrase "war of northern aggression" is wrong. I have snapshots that I took at The Battery in Charleston where cadets from The Citadel were given the honor of firing the first shots in the bombardment of Fort Sumter. (I attended the College of Charleston for two years.) At the opening of the war, the South had many advantages, including more miles of railroad. They saw their chance and took it. And they lost.

    No constitutional provision allowed a state to leave the union. It would have taken a kind of reverse convention. How would anyone know what was a valid process? It is easy to argue that the southern states were seized by coteries, cabals, cliques, and juntos who declared themselves the true governments, which they were not. In truth, I accept the historical record: most (white) people in south wanted to leave the union (maybe). That being as it may, it was not clear that war was the only way out. They never tried anything else. And they fired the first shot.
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  • Posted by $ 11 years, 6 months ago in reply to this comment.
    Harry, I agree 100%. No dichotomy exists. To understand the English Bill of Rights is not to ignore the American experience. Again, the Avalon Project offers a rich treasury of documentary evidence for the evolution of thought in American constitutionalism. Tom Paine's _Rights of Man_ was clear and understandable, as opposed, say, to Einstein's four papers from 1905, which hardly anyone understood at the time.

    You might start here: The Articles of Confederation of the United Colonies of New England; May 19 1643. The American experience took root and flourished over about five generations before the present Constitution.
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  • Posted by $ 11 years, 6 months ago in reply to this comment.
    Wanderer, you lost the context on the "pretended powers." The king claim such authority and did exercise it. The response was that that was "pretended" as not actually being within the law. Moreover, the word "pretend" did not mean only "make believe" but to pre-suppose or to actively engage i.e., to assume: intend, attend,... prehensile...

    We say that the invalid presidential powers are "unconstitutional." The language is different. The inTENTion is the same.

    Furthermore, your claim that might makes right is internally inconsistent. If the claim were true, no one would pursue robbers. Rob a bank, walk away, might makes right. But we deny that. In fact, pretty much, most human societies reject that. Even in the USSR the KGB had lawyers. You can get away with might over right it, but do not allow the fallacy of the stolen concept. If might really made right, the word "right" would not be needed.
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  • Posted by khalling 11 years, 6 months ago in reply to this comment.
    Love it when people come inand throw insults around with no basis. In case you were unaware wanderer, that "poorly scripted and filmed movie " producers own this site which you have enjoyed commenting on. If you have no use for Objectivism, why have you been here? I 've enjoyed your contributions -but your insults are not appreciated. Love, the "high school debater "
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  • Posted by $ 11 years, 6 months ago
    This topic was hijacked. I posted about the Avalon Project of the Yale Law School before here in the Gulch (http://www.galtsgulchonline.com/posts/27...), but to some people, facts are not as exciting as opinions. (See the Meyer-Briggs on that.)

    In order to understand the American Revolution, you must know about the Glorious Revolution.

    The clause
    "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;"
    appears in The Articles of Confederation as
    "Freedom of speech and debate in Congress shall not be impeached or questioned in any court or place out of Congress, and the members of Congress shall be protected in their persons from arrests or imprisonments, during the time of their going to and from, and attendence on Congress, except for treason, felony, or breach of the peace."
    and in the Constitution as
    "They shall in all cases, except treason, felony and breach of the peace, be privileged from arrest during their attendance at the session of their respective Houses, and in going to and returning from the same; and for any speech or debate in either House, they shall not be questioned in any other place."
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  • -6
    Posted by Wanderer 11 years, 6 months ago in reply to this comment.
    Jim;

    What you have here are a bunch of high school debaters who like the same extremely poorly scripted and produced film versions of their favorite author's most famous novel.

    What you don't have here is anything for me.

    Goodbye.
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  • Posted by $ jbrenner 11 years, 6 months ago in reply to this comment.
    Santa Ana was definitely oppressive. He was an arrogant ******* that I am sure Sam Houston et al. were glad to take down at The Battle of San Jacinto. The movie "The Alamo" with Billy Bob Thornton as Davy Crockett was quite well done. It was pretty much the way it was taught to me in 2nd and 3rd grade down in Texas ... before we ever taught the Revolutionary War,
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  • -4
    Posted by Wanderer 11 years, 6 months ago in reply to this comment.
    K;

    I find your statement disingenuous. No sane, intelligent person could find in any of my statements a moral endorsement of violence. I am simply telling you, as I have tried telling hundreds of sheltered Americans, the world is ruled by violence. You can philosophize and moralize all you want but, violence rules the human and animal worlds. If Ayn Rand contradicts that statement then, I'm sorry, but she was a fool. The US Constitution was birthed in blood and has been saved through innumerable acts of violence. Most Americans are insulated, as I've said, by two oceans and the Gulf, the nation's former wealth, her strong military, and their chosen cultural isolation. Spend some time in the third world and violence will swat you in the face and those most masterful in the violent arts will be in control. The nonviolence of Europe's last 50 years have been an anomaly that is coming to an end. Soon European events will again be controlled by those most willing and able to use violence.

    Telling the truth is not an indication of advocacy. If you've taken up arms to defend the helpless I'll listen. If not shut the fuck up and listen to someone who has.

    I've been condemned roundly by friends and family for saying these same things. I guess my question is: Why am I immoral for telling Americans that other people live with violence, slavery and depredations on a daily basis, and that these things are coming to visit them?

    Please tell me Ayn Rand never said the world can be ruled with polite discussion. If so, she's an OK novelist, but a terrible historian and philosopher.
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