Principles In Liberty 13

Finishing off the Pensylvania Minority Report

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Summary:
Recorded on 2/22/2008 and 2/25/2008

Continuing reading of the Pensylvania Minority Report from the Anti-Federalist Papers
00:29 Intro.
00:50 Trial by Jury
01:15 Civil courts too expensive - wealthy will prevail
01:32 Blackstone site: Issue over an Ox cost ridiculous amounts of time and money back in england.
02:50 Civil courts, especially appeals with be prohibitivly expensive for the average man.
03:40 Trial by Jury in criminal cases can be avoided by Civil proceedings.
04:23 No provision for trial to be in the same county as the crime.
04:44 Judges may not be unbiased due to fees and other instruments in place.
05:05 My case - traffic court fees go to the judges pension
05:41 Some comments on jury trial by me
06:30 Civil vs Common Law - my attempts to understand this
08:07 Mixture of powers allowed in constitution.
08:36 Judges appointed by Executive and Senate
08:49 Senate has treaty power to override constitution and state laws.
09:30 Only a relatively few people control this power thus open to corruption and control
10:06 Senate presides over impeachments - what about the senate itself?
10:42 Montesque: separation of powers absolutely necessary for freedom.
11:54 President is dangerously connected with the senate
12:13 Power of pardoning can be used to free co-actors in evil acts.
12:33 Small independent council recommended to rule on any executive step.
12:50 My Comments about pardons going on now.
13:36 Direct taxing power can override all other taxes and endanger private property rights.
14:12 My comments - no limit on tax amounts or modes.
14:30 What if we had % tax limits?
15:13 No control by the states on federal taxes.
15:50 Reps will not be responsive to the people.
16:20 Keeping reps tied closely to the people helps prevent them from passing opressive laws.
16:48 My comments - Our congressmen don't use our SSN system - but use their own pension system.
18:05 Not enough reps - too many people represented by each. They won't really represent the people.
19:45 My Comments - we got the bill of rights so it didn't decay as fast as they had expected.
20:33 Congress will not posess the confidence of the people, requireing armys to compell obedience to the laws.
21:35 A standing army (militia) is a big problem.
22:10 My Comments - militia may eventually be used to take our own property.
22:58 Militia could compell militias of one state to oppress the citizens of others.
23:30 Contientous objectors were honored in the revoluntionary war but may not be for the militia.
24:02 Militia may be used to extinguish the last struggles of liberty.
24:43 My comments - militia used to divide the people.
25:10 They think this is all planned to destroy liberty.
25:40 Swarms of officers will devour the land.
26:05 Summary - these are only our largest objections of a general nature only.
26:45 End of the Minority Report: My comments
27:37 We are never taught in public school about the confederacy prior to the constitution for comparison.
28:34 We rarely study the state constitutions in school either.

Principles In Liberty 11

Back to jus lillo me. I decided that it was most valueable to read the entire Pensylvania Minority report to you and comment on it. An awesome article!

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Summary:
Recorded on 2/6/2008

00:50 The Pensylvania Minority Report
01:46 Intro to the report
02:46 Start reading the report
04:50 Convention was called to merely ammend the articles of confederation, not to do more.
06:15 Pensylvania's 6 reps were opposed from the beginning.
06:50 A work (the constitution) of haste.
07:55 Intro to the points by me.
08:40 Point 1: Right of consience/religion
09:10 Point 2: Trial by Jury
09:23 Point 3: Due process preserved in fed courts
10:03 Point 4: Excessive bail/fines not allowed
10:35 Point 5: Warrants need evidence to back them up
11:09 Point 6: Freedom of speech/press
11:24 Point 7: Right to bear arms, Military under civil authority
12:00 Point 8: Right to hunt/fish on public lands
12:31 Point 9: Limits on modes of taxation by fed
12:50 Poitn 10: Preserve district sizes by growing rep count appropriately.
14:28 Point 11: Militia stays under control of the states.
15:40 Point 12: Separation of powers, constitutional council appointed to interpret the constituition
16:19 Point 13: Treaties cannot override existing laws/constitutions.
16:51 Point 14: Judicial jurisdiction limits spelled out, Preservation of inheritance, titles, contracts.
18:22 Post point part of minority report
19:20 the People are acountable
19:50 Dissent reasons - can't manage a large nation without despotism or federalism
20:40 Quotes federalist Wilson to make following points:
21:20 Looks like the size of our land naturally forces us towards despotism
22:21 Fed must eventually absorb the powers of the states by design of the union.
24:36 The constitution grants full power over the purse and sword to the fed.
25:17 Section 8, Article 1
25:40 Congress taxes not limited by mode, eventually overriding the state's ability to tax.
26:39 General welfare clause opens the gates.
27:06 Article 6 allows treaties to override constitution.
27:50 Constitution contains blinds to prevent perception of its weaknesses.
28:25 Jurisdictions of state/fed governments are not well defined and thus collide.
To be continued...

Principles in Liberty 4

I finish up the 5th ammendment here and give some general liberty-like comments.

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Summary:
Recorded on Jan 16th, 2008
00:38 The Fifth Ammendment
02:30 Detention case mention in the DSC
03:00 Testimony against mariage partner bared
04:00 Womens sufferage - chief argument against is testifying against self.
06:30 Culture drives law
08:00 Public Education drives culture
09:10 Pensylvania Minority report - Section 3
10:10 Admiralty Law vs Civil/Criminal Law - the Law of the Land
12:34 Taking of property for public use without just compensation
14:23 General comments
15:00 Minority report in general
16:30 The natural decay of law and language
17:00 Guests are comming
18:38 Liberty concepts - false thinking destroys liberty