Thursday, February 7, 2008

Principles In liberty 12

More going over the Pensylvania Minority Report - fascinating what the anti-federalists saw coming down the road.

Recorded on 2/6/2008

01:00 Intro to the Pensylvania Minority Report continued
01:22 Congress controls state legislatures ultimately.
02:23 Congress, having control of election particulars may, on opportunity delay elections to maintain themselves in office.
03:43 Gradual breaking the spirt of the people
04:08 General government firmly established.
04:13 Standing army renders opposition vain
05:19 Montesque: Spirit of Laws - democracy overrides sovereignty.
07:26 I just got it - what this means.
08:18 Don't let congress control the elections.
08:30 Constitution does not preserve state sovereignty while Articles of Confderation did.
09:27 Trying to get back into the thinking of the founders.
09:50 You would think American citizens would be tought this - but would the government teach people how to resist its growth?
10:33 Caucus is comming up, Ron Paul caucus training, Ron Paul comments.
12:20 Understanding this thinking is key.
12:48 Legislature is sufficient in its power alone to swallow up the states in a grand empire.
13:22 Judicial power is enough to grow to eoncompase the states as well.
14:40 These guys see problems that can effect us much later.
15:00 Powers of courts is enough to keep out the ability of the common man to use them.
16:00 Consolidation pervades the whole constitution.
16:14 Preamble bypases the states.
16:36 Powers in this document will effect consolidation.
16:57 We the people - the phrase that pays and plays well.
17:39 Predicts rapid transformation to despotism.
18:30 Principles: omition of a bill of rights.
18:56 Bill of rights enumerated briefly
19:40 Legislature needs to have proper, fair, equal representation of all - but it does not.
20:52 Test of these principles:
21:08 House
21:34 Senate
22:16 Only 26 men (at that time) control the sense of congress with this system.
22:47 States are not fairly represented either.
23:01 Only upper classes can be represented.
23:18 Unsafe - too exposed to corruption and influence.
23:54 Inadequate - too long a term, bad mode.
24:17 House memebers could be increased but not likely due to senate having to approve and will lose predomanancy if done so.
24:56 A revolution would be needed to add reps/people.
25:23 Judicial test:
25:40 Civil law principles are used - not common law.
26:21 Trial by jury is not included in civil cases.
26:35 Law and fact apeals must use civil law. Jurie's decisions are not final under this system.
27:13 Common vs Civil Law
27:56 All cases of law and equity is Civil Law and applies to all cases.
28:46 Common vs Civil Law - my views
29:24 contracts get tricky
The Minority Report to be continued...

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