US Constitution Series 10: God and People vs. Government Control

US Constitution Series 10: The God-given Right to Government is Vested in the Sovereign Authority of the Whole People

keyThere was no place for the idea of a divine right of kings in the thinking of the American Founders. They subscribed to the concept that rulers are servants of the people and all sovereign authority to appoint or remove a ruler rests with the people.

The Founders’ Basic Principles: 28 Great Ideas that changed the world

The practical application of this book review of Skousen’s educated wisdom is to leverage “We, The People’s” knowledge to easily expose ignorance, anarchy and tyranny, and hold the government accountable.

From The 5,000 Year Leap—A Miracle that Changed the World

By W. Cleon Skousen

The God-given Right to Govern is Vested in the Sovereign Authority of the Whole People

There was no place for the idea of a divine right of kings in the thinking of the American Founders. They subscribed to the concept that rulers are servants of the people and all sovereign authority to appoint or remove a ruler rests with the people.

 

King Charles II beheaded Algernon Sidney in 1683 for saying that there is no divine right of kings to rule over the people. That same year, John Locke fled from England to Holland, where he could say the same thing Sidney did, but from a safer distance. (Skousen, 141,142)

View of the American Founders

signers3There was no place for the idea of a divine right of kings in the thinking of the American Founders. They subscribed to the concept that rulers are servants of the people and all sovereign authority to appoint or remove a ruler rests with the people. They pointed out how this had been so with the Anglo-Saxons from the beginning.

Dr. Lovell describes how the tribal council, consisting of the entire body of freemen, would meet each month to discuss their problems and seek a solution through consensus. The chief or king (taken from the Anglo-Saxon world cyning—chief of the kinsmen) was only one among equals:

The chief owed his office to the tribal assembly, which selected and could also depose him. His authority was limited at every turn, and though he no doubt commanded respect, his opinion carried no more weight in the debates of the assembly than that of any freeman. (Lovell, English Constitutional and Legal History, 5)

Alexander Hamilton

It is a maxim that in every government, there must exist, somewhere, a supreme, sovereign, absolute, and uncontrollable power; but this power resides always in the BODY OF THE PEOPLE; and it never was, or can be, delegated to one man, or a few; the great Creator has never given to men a right to vest others with authority over them, unlimited either in duration or degree. (Albert Long, Your American Yardstick, 167)

madisontyrannydefineJames Madison

The ULTIMATE AUTHORITY, wherever the derivative may be found, RESIDES IN THE PEOPLE ALONE. (Federalist Papers, No. 46, p. 294, emphasis added)

 

But even if it is acknowledged that the PEOPLE are divinely endowed with the sovereign power to govern, what happens if elected or appointed officials usurp the authority of the people to impose a dictatorship or some form of abusive government on them? (Skousen, 144-145)

 

NEXT:

Principle 11: The Majority of the People may Alter or Abolish a Government Which has Become Tyrannical

US Constitution Series 9: Divine Law vs. Big Government

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Western Culture Dinner Topics Newsletter: Epic Heroes

Western Culture Dinner Topics Newsletter: Epic Heroes October  2017 Dear Friends, Welcome to Western Culture Dinner Topics! WE ARE IN AN EPIC WAR BETWEEN GOOD AND EVIL. And make no mistake, Christ and the devil are not friends; they are … Continue reading

US Constitution Series 9: Divine Law vs. Big Government

God’s Law Protects Us from Tyranny

keyThe practical application of this book review of Skousen’s educated wisdom is to leverage “We, The People’s” knowledge to easily expose ignorance, anarchy and tyranny, and hold the government accountable.

From The 5,000 Year Leap—A Miracle that Changed the World

By W. Cleon Skousen

US Constitution Series 9: To Protect Man’s Rights, God has Revealed Certain Principles of Divine Law

Rights, though endowed by God as unalienable prerogatives, could not remain unalienable unless they were protected as enforceable rights under a code of divinely proclaimed law.

[The Creator is not only all-powerful], but as He is also a Being of infinite wisdom, he has laid down only such laws as were founded in those relations of justice …These are the eternal, immutable laws of good and evil, to which the Creator Himself in all His dispensations conforms. Such …are these principles: that we should live honestly, should hurt nobody, and should render to everyone his due.

The doctrines thus delivered we call the revealed or divine law, and they are to be found only in the Holy Scriptures. These precepts, when revealed … tend in all their consequences to man’s felicity [happiness]. (Blackstone, Commentaries on the Laws of England. 1:29-60, 64)

Moses and 10 cropThis divine pattern of law for human happiness requires acknowledgment and acceptance of certain principles; these are widely known as the famous Ten Commandments.

  • God is supreme
  • Man is specifically forbidden to attribute God’s power to false gods
  • The name of God is to be held in reverence, and every oath taken in the name of God is to be carried out with the utmost fidelity, otherwise the name of God would be taken in vain
  • There is also a requirement that one day each week be set aside for the study of God’s law
  • It is also to be a day of worship and the personal renewing of one’s commitment to obey God’s law for happy living
  • There are also requirements to strengthen family ties by children honoring parents and parents maintaining the sanctity of their marriage and not committing adultery after marriage
  • Human life is also to be kept sacred; he who willfully and wantonly takes the life of another must forfeit his own
  • A person shall not lie
  • A person shall not steal
  • Every person must be willing to work for the things he desires from life and not covet and scheme to get things which belong to his neighbor. (Skousen, pp.132-133)

 

Divine Law endows Mankind with Duties as well as Rights

In recent years the universal emphasis on “rights” has seriously obscured the unalienable duties which are imposed upon mankind by divine law.

 

“Man has no natural right in opposition to his social duties.” ~Thomas Jefferson

Examples of Public and Private Duties

responsibilityPublic duties relate to public morality and are usually supported by local or state ordinances which can be enforced by local police.

Private duties are those which exist between the individual and his Creator. These are called principles of private morality, and the only enforcement agency is the self-discipline of the individual himself.

Here are some of the more important responsibilities which the Creator has imposed on every human being of normal mental capacity—Duties:

  • To honor the supremacy of the Creator and his laws.
  • Not to take the life of another except in self-defense.
  • Not to steal or destroy the property of another.
  • To be honest in all transactions with others.
  • Children are to honor and obey their parents and elders.
  • Parents and elders are to protect, teach, feed, clothe, and provide shelter for children.
  • To support law and order and keep the peace.
  • Not to contrive through a covetous heart to despoil another.
  • To provide insofar as possible for the needs of the helpless—the sick, the crippled, the injured, the poverty-stricken.
  • To honorably perform contracts and covenants both with God and man.
  • To be temperate.
  • To become economically self-sufficient.
  • Not to trespass on the property or privacy of another.
  • To maintain the integrity of the family structure.
  • To perpetuate the race.
  • Not to promote or participate in the vices which destroy personal and community life.
  • To perform civic responsibilities—vote, assist public officials, serve in official capacities when called upon, stay informed on public issues, volunteer where needed.
  • Not to aid or abet those involved in criminal or anti-social activities.
  • To support personal and public standards of common decency.
  • To follow rules of moral rectitude. (Skousen, pp.133-135)

 

God’s revealed law provided true “justice” with the law of “reparation”—repairing the damage, requiring the criminal to pay for damages and also punitive damages for all the trouble caused, to remind him not to do it again. This system of justice through reparation was practiced anciently, and is adopted by some states today. The “reparation” system requires the judge to call in the victim and consult with him or her before passing sentence.

 

Should Taxpayers Compensate Victims of Crimes?

In some status, the victims of criminal activities may apply to the state for damages. This most unfortunate policy is a counter-productive procedure which encourages crime rather than deters it.

seal-of-the-united-states-originalWhat if a law is passed by Congress or some legislature which is contrary to God’s law?

God’s law is the supreme law of the land.

Man, considered as a creature, must necessarily be subject to the laws of his Creator. It is binding over all the globe in all countries, and at all times: no human laws are of any validity, if contrary to this. ~Blackstone

But who will decide? When it comes to lawmaking, the nations of most of the world throughout history have been subject to the whims and arbitrary despotism of kings, emperors, and magistrates. How can the people be protected from the autocratic authority of their rulers? Where does the source of sovereign authority lie?

 

This question is answered in Principle 10.

Next:

US Constitution Series 10: The God-given Right to Govern is Vested in the Sovereign Authority of the Whole People.

 

 

US Constitution Series 8: Men are Endowed by their Creator with Certain Unalienable Rights

US Constitution Series 8: Life, Liberty, Property are Rights from God

 

History Heroes: U.S. Constitution, John Locke, and Founding Fathers

Dinner Topics for Tuesday

keyHe that thinks absolute power purifies men’s blood and corrects the baseness of human nature, need only read history to be convinced to the contrary. ~John Locke

John Locke’s Influence on the U.S. Constitution and Founding Fathers

signers3John Locke 29 August 1632 – 28 October 1704), widely known as the Father of Classical Liberalism,[2][3][4] was an English philosopher and physician regarded as one of the most influential of Enlightenment thinkers. Considered one of the first of the British empiricists, following the tradition of Francis Bacon, he is equally important to social contract theory. His work had a great impact upon the development of epistemology and political philosophy. His writings influenced Voltaire and Rousseau, many Scottish Enlightenment thinkers, as well as the American revolutionaries. His contributions to classical republicanism and liberal theory are reflected in the United States Declaration of Independence.[5]

Influence on Founding Fathers

The Constitutional Convention began deliberations on May 25, 1787.
Delegates used two streams of intellectual tradition, and any one delegate could be found using both or a mixture depending on the subject under discussion, foreign affairs or the economy, national government or federal relationships among the states. The Virginia Plan recommended a consolidated national government, generally favoring the big population states. It used the philosophy of John Locke to rely on consent of the governed, Montesquieu for divided government, and Edward Coke emphasizing civil liberties. The New Jersey Plan generally favored the small population states, using the philosophy of English Whigs such as Edmund Burke to rely on received procedure, and William Blackstone emphasizing sovereignty of the legislature.
The Convention devolved into a “Committee of the Whole” to consider the fifteen propositions of the Virginia Plan in their numerical order. These discussions continued until June 13, when the Virginia resolutions in amended form were reported out of committee.
All agreed to a republican form of government grounded in representing the people in the states.

Influence

Locke exercised a profound influence on political philosophy, in particular on modern liberalism. Michael Zuckert has argued that Locke launched liberalism by tempering Hobbesian absolutism and clearly separating the realms of Church and State. He had a strong influence on Voltaire who called him “le sage Locke”.

 His arguments concerning liberty and the social contract later influenced the written works of Alexander Hamilton, James Madison, Thomas Jefferson, and other Founding Fathers of the United States. In fact, one passage from the Second Treatise is reproduced verbatim in the Declaration of Independence, the reference to a “long train of abuses.”

 

Such was Locke’s influence that Thomas Jefferson wrote: “Bacon, Locke and Newton … I consider them as the three greatest men that have ever lived, without any exception, and as having laid the foundation of those superstructures which have been raised in the Physical and Moral sciences”.[11][12][13] Today, most contemporary libertarians claim Locke as an influence.
But Locke’s influence may have been even more profound in the realm of epistemology. Locke redefined subjectivity, or self, and intellectual historians such as Charles Taylor and Jerrold Seigel argue that Locke’s An Essay Concerning Human Understanding (1690) marks the beginning of the modern Western conception of the self.[14]

Theories of religious tolerance

johnlockeLocke, writing his Letters Concerning Toleration (1689–92) in the aftermath of the European wars of religion, formulated a classic reasoning for religious tolerance. Three arguments are central: (1) Earthly judges, the state in particular, and human beings generally, cannot dependably evaluate the truth-claims of competing religious standpoints; (2) Even if they could, enforcing a single “true religion” would not have the desired effect, because belief cannot be compelled by violence; (3) Coercing religious uniformity would lead to more social disorder than allowing diversity.[15]

Locke also advocated governmental separation of powers and believed that revolution is not only a right but an obligation in some circumstances. These ideas would come to have profound influence on the Declaration of Independence and the Constitution of the United States.

Continued

Dinner Talk: Definition of Classic Liberalism vs. Modern Liberalism

John Locke is called the Father of “Classic Liberalism.” The Founding Fathers were considered liberal at the time of the American Revolution because they were in favor of liberty, and they wanted to change the form of government to allow more liberty.Tories were considered to be conservative, because they wanted to conserve the Britiish monarchy.

Today these definitions have almost reversed. Today’s liberals want to change the U.S. Constitution (or destroy it) to decrease the amount of liberty, give more power to the federal government, and remove responsibility from the individual. Today, the Founding Fathers would be considered to be conservative, because they would want to conserve the U.S. constitution which they created, with limited government, and freedom of the people, balanced with individual responsibility.

US Constitution Series 8: Life, Liberty, Property are Rights from God

Dinner Topics for Wednesday

decofindependence1The Founders’ Basic Principles: 28 Great Ideas that changed the world

From The 5,000 Year Leap—A Miracle that Changed the World

By W. Cleon Skousen

 

US Constitution Series 8: Men are Endowed by their Creator with Certain Unalienable Rights

~Skousen, pp. 124-129

keyThe Founders did not believe that the basic rights of mankind originated from any social compact, king, emperor, or governmental authority. Those rights, they believed, came directly and exclusively from God. Therefore, they were to be maintained sacred and inviolate.

 

johnlockeJohn Locke

The state of Nature has a law of Nature to govern it, which …teaches all mankind who will but consult it, that being all equal and independent, no one ought to harm another in his life, health, liberty or possessions; for men being all the workmanship of one omnipotent and infinitely wise maker …

And, being furnished with like faculties, sharing all in one community of Nature, there cannot be supposed any such subordination among us that may authorize us to destroy one another.

 

When is a Right Unalienable?

Blackstone_from_NPGWilliam Blackstone

Those rights, then, which God and nature have established, and are therefore called natural rights, such as are life and liberty, need not the aid of human laws to be more effectually invested in every man than they are: neither do they receive any additional strength when declared by the municipal laws to be inviolable. On the contrary, no human legislature has power to abridge or destroy them, unless the owner shall himself the owner shall himself commit some act that amounts to a forfeiture. (Blackstone: Commentaries on the Laws of England)

And these [great natural rights] may be reduced to three principal or primary articles: the right of personal security; the right of personal liberty, and the right of private property.

In other words, we may do something ourselves to forfeit the unalienable rights endowed by the Creator, [such as murder] but no one else can TAKE those rights from us without being subject to God’s justice.

Vested Rights

We have certain other rights called vested rights which are created by the community, state, or nation for our protection or well-being. However, these can be changed any time the lawmakers feel like it.

Examples of vested rights: the right to go hunting during certain seasons, or the right to travel on the public highway. Notice that the government can change both of these “rights” or prohibit them altogether. A region could be declared off-limits for hunting; the highway could be closed.

But [current events notwithstanding] the government could not pass a law to destroy all babies under the age of two, or lock up someone [because of their appearance]. In the one case it would be destroying the unalienable right to live, and in the other case it would be destroying the unalienable right to liberty.

 

BastiatFrederic Bastiat (trying to preserve freedom in France)

We hold from God the gift which includes all others. This gift is life—physical, intellectual, and moral life.

Life, faculties, production—in other words, individuality, liberty, property, this is man. And in spite of the cunning of artful political leaders, these three gifts from God precede all human legislation and are superior to it.

Life, liberty, and property do not exist because men have made laws. On the contrary, it was the fact that life, liberty and property existed beforehand that caused men to make laws [for the protection of them] in the first place.

Principle 9: To Protect Man’s Rights, God has Revealed Certain Principles of Divine Law.

US Constitution Series 7: Free Enterprise vs. Free Stuff

 

US Constitution Series 7: The Proper Role of Government is to Protect Equal Rights, Not provide Equal Things

 

 

Patriotism Book Review: Rush Revere and the Star Spangled Banner

Patriotism Book Review:

Rush Revere and the Star Spangled Banner

Rush Revere and the Star Spangled Banner

By Rush Limbaugh and Kathryn Adams Limbaugh

Winner of the 2014 Children’s Choice Book Award for Author of the Year

 

It’s the dawn of an important new day in America. Young readers, grab the reins and join Rush Revere, Liberty the horse, and the whole time-traveling crew in this patriotic historical adventure that takes you on an exciting trip to the  past to see our remarkable nation’s most iconic symbols up close and personal!

1787—that’s where we’re rush, rush, rushing off to next with our enthusiastic young friends in the Time-Traveling Crew (but not before causing a major security incident at the National Archives in Washington, D.C.!)

A funny case of mistaken identity and a wild chase through the busy streets of Philadelphia will ledad us to the famously introverted Father of our constitution, James Madison and the heated secret debates over the Constitution and the Bill  of Rights. Fast-forward a few years, and we’ll help his brave wife, Dolly, risk her life to save an important portrait from the White House as the British set Washington afire!

What greater symbol of our exceptional nation’s hard-won freedoms than the Star-Spangled Banner, sewn by American icon Betsy Ross?

Perhaps Francis Scott Key can explain what inspired him to pay tribute to our glorious flag by writing our beautiful national anthem. But watch out for the bombs bursting in air, because when we reach 1814, we’ll be front and center at a major battle to defend our liberty.

Jump back in the saddle with me, Rush Revere, and the Time-Traveling Crew, as my trusty horse, Liberty, takes us on another flying leap through American history into a past teeming with heroes and extraordinary citizens who have so much to teach us about patriotism.

All you need to bring is your curiosity about the birth of our democracy—I’ve got plenty of tricornered hats for everyone!

 

Go back in time to experience fht fight for American freedom firsthand, on the floors of Congress and the battlements of Fort McHenry, and ask:

What do the words of the national anthem really mean?

Who created the first flag of the United States?

What did Dolley Madison rescue when the British burned the Capitol?

Where is the U.S. Constitution kept?

Why was George Mason upset at the Constitutional Convention?

Why was the War of 1812 fought?

How did James Madison become the Father of the Constitution?

 

US Constitution Series 7: Free Enterprise vs. Free Stuff

Dinner Topics for Tuesday

US Constitution Series 7:

Free Enterprise vs. Free Stuff

From The 5,000 Year Leap—A Miracle that Changed the World

By W. Cleon Skousen

keyThe utopian schemes of leveling [redistribution of the wealth], and a community of goods [central ownership of all the means of production and distribution], are as visionary and impracticable as those which vest all property in the Crown. [These ideas] are arbitrary, despotic, and, in our government, unconstitutional. ~Samuel Adams (p.119)

 The Proper Role of Government is to Protect Equal Rights, Not provide Equal Things

Equal Opportunity, Liberty of Enterprise, NOT Equal Income, NOT Free Stuff

redistsocialismillustratedIn Europe, during the days of the Founders, a popular idea was that government should take from the “haves” and give to the “have nots” so that all might be truly “equal.” However, the American Founders believed that this idea contained a huge fallacy.

Suppose a kind-hearted man saw that one of his neighbors had two cars while another neighbor had none. What would happen if, in a spirit of benevolence, the kind man went over and took one of the cars from his prosperous neighbor and generously gave it to the neighbor in need? Obviously, he would be arrested for car theft. No matter how kind his intentions, he is guilty of flagrantly violating the natural rights of his prosperous neighbor, who is entitled to be protected in his property.

What if the “kind-hearted” man got the government to force the prosperous car-owner to give a car to his pedestrian neighbor?

A Lesson from Communism

hammerandsickleWhen the communists seized power in Hungary, the peasants were delighted with the “justice” of having the large farms confiscated from their owners and given to the peasants. Later the Communist leaders seized three-fourths of the peasant land and took it back to set up government communal farms. Immediately the peasants howled in protest about their property “rights.”

Those who protested too loudly or too long soon found that they not only lost their land, but also their liberty. If they continued to protest, they lost their lives.

Equal Rights Doctrine Protects the Freedom to Prosper

The policy of the American Founders was to guarantee the equal protection of all the people’s rights and thus insure that all would have the freedom to prosper. There was to be no special penalty for getting rich. (pp. 115-117)

 

Making the Whole Nation Prosperous

wealthspreadworkethicThe Founders felt that America would become a nation dominated by a prosperous middle class with a few people becoming rich. As for the poor, the important thing was to insure the freedom to prosper so that no one would be locked into the poverty level the way people have been in all other parts of the world.

Some would prosper more than others. Some would prosper because of talent, some because of good fortune, some because of an inheritance, but most would prosper because of hard work.

Where people suffered the loss of their crops or became unemployed, the more fortunate were to help. And those who were enjoying “good times” were encouraged to save up in store for the misfortunes which seem to come to everybody someday. Hard work, frugality, thrift, and compassion became the key words in the American ethic. (p. 118)

Why the Founders Made European Theories Unconstitutional

America soon became the most prosperous and best-educated people on earth. The key was using the government to protect equal rights, not to provide equal things. Samuel Adams said the ideas of a welfare state were made unconstitutional:

The utopian schemes of leveling [redistribution of the wealth], and a community of goods [central ownership of all the means of production and distribution], are as visionary and impracticable as those which vest all property in the Crown. [These ideas] are arbitrary, despotic, and, in our government, unconstitutional. ~Samuel Adams (p.119)

Founders’ Formula for Compassion

Benjamin Franklin wrote:

wealthredistribute1To relieve the misfortunes of our fellow creatures is concurring with the Deity; it is godlike; but, if we provide encouragement for laziness, and supports for folly, may we not be found fighting against the order of God and Nature, which perhaps has appointed want and misery as the proper punishments for, and cautions against, as well as necessary consequences of, idleness and extravagance? Whenever we attempt to amend the scheme of Providence, and to interfere with the government of the world, we had need to be very circumspect, lest we do more harm than good. (Smyth, Writings of Benjamin Franklin, 3:135)

Highlights from the writings of the Founders suggest the following:

1. Do not help the needy completely. Merely help them to help themselves.

2. Give the poor the satisfaction of “earned achievement” instead of rewarding them without achievement.

3. Allow the poor to climb the “appreciation ladder”—from tents to cabins, cabins to cottages, cottages to comfortable houses.

4. Where emergency help is provided, do not prolong it to the point where it becomes habitual.

5. Strictly enforce the scale of “fixed responsibility.” The first and foremost level of responsibility is with the individual himself; the second level is the family; then the church; next the community; finally the county, and, in a disaster or emergency, the state. Under no circumstances is the federal government to become involved in public welfare.

wealthprivatesectorThe Founders felt it would corrupt the government and also the poor. No Constitutional authority exists for the federal government to participate in charity or welfare.

(pp.120-121)

US Constitution Series 6: All Men are Created Equal—Law, Liberty, and Socialism

Next Principle 8: Men are Endowed by their Creator with Certain Unalienable Rights

History Facts, William Blackstone, and Law of God

Dinner Topics for Monday

William Blackstone Quotes

keyMan, considered as a creature, must necessarily be subject to the laws of his Creator. It is binding over all the globe in all countries, and at all times: no human laws are of any validity, if contrary to this. ~Blackstone

The doctrines thus delivered we call the revealed or divine law, and they are to be found only in the Holy Scriptures. These precepts, when revealed … tend in all their consequences to man’s felicity [happiness]. (Blackstone, Commentaries on the Laws of England. 1:29-60, 64)

Those rights, then, which God and nature have established, and are therefore called natural rights, such as are life and liberty, need not the aid of human laws to be more effectually invested in every man than they are: neither do they receive any additional strength when declared by the municipal laws to be inviolable. On the contrary, no human legislature has power to abridge or destroy them, unless the owner shall himself the owner shall himself commit some act that amounts to a forfeiture. (Blackstone: Commentaries on the Laws of England)

Laws for human nature had been revealed by God, whereas the laws of the universe (natural law) must be learned through scientific investigation. (Commentaries, p.64) Blackstone stated that “upon these two foundations, the law of nature and the law of revelation, depend all human laws …” (Ibid., p.65)

“Free men have arms; slaves do not.”
William Blackstone

“The liberty of the press is indeed essential to the nature of a free state: but this consists in laying no previous restraints upon publications, and not in freedom from censure for criminal matter when published. Every freeman has an undoubted right to lay what sentiments he pleases before the public: to forbid this, is to destroy the freedom of the press: but if he publishes what is improper, mischievous, or illegal, he must take the consequence of his own temerity.”
William Blackstone, Commentaries on the Laws of England, Volume 4: A Facsimile of the First Edition of 1765-1769

 

William Blackstone

From Wikipedia, the free encyclopedia

Blackstone_from_NPGSir William Blackstone KC SL (10 July 1723 – 14 February 1780) was an English jurist, judge and Tory politician of the eighteenth century. He is most noted for writing the Commentaries on the Laws of England. Born into a middle-class family in London, Blackstone was educated at Charterhouse School before matriculating at Pembroke College, Oxford in 1738. After switching to and completing a Bachelor of Civil Law degree, he was made a Fellow of All Souls, Oxford on 2 November 1743, admitted to Middle Temple, and called to the Bar there in 1746. Following a slow start to his career as a barrister, Blackstone became heavily involved in university administration, becoming accountant, treasurer and bursar on 28 November 1746 and Senior Bursar in 1750. Blackstone is considered responsible for completing the Codrington Library and Warton Building, and simplifying the complex accounting system used by the college. On 3 July 1753 he formally gave up his practice as a barrister and instead embarked on a series of lectures on English law, the first of their kind. These were massively successful, earning him a total of £60,000 in 2014 terms, and led to the publication of An Analysis of the Laws of England in 1756, which repeatedly sold out and was used to preface his later works.

On 20 October 1758 Blackstone was confirmed as the first Vinerian Professor of English Law, immediately embarking on another series of lectures and publishing a similarly successful second treatise, titled A Discourse on the Study of the Law. With his growing fame, Blackstone successfully returned to the bar and maintained a good practice, also securing election as Tory Member of Parliament for the rotten borough of Hindon on 30 March 1761. In February 1766 he published the first volume of Commentaries on the Laws of England, considered his magnum opus—the completed work earned Blackstone £1,648,000 in 2014 terms. After repeated failures, he successfully gained appointment to the judiciary as a Justice of the Court of King’s Bench on 16 February 1770, leaving to replace Edward Clive as a Justice of the Common Pleas on 25 June. He remained in this position until his death, on 14 February 1780.

Blackstone’s legacy and main work of note is his Commentaries. Designed to provide a complete overview of English law, the four-volume treatise was repeatedly republished in 1770, 1773, 1774, 1775, 1778 and in a posthumous edition in 1783. Reprints of the first edition, intended for practical use rather than antiquary interest, were published until the 1870s in England and Wales, and a working version by Henry John Stephen, first published in 1841, was reprinted until after the Second World War. Legal education in England had stalled; Blackstone’s work gave the law “at least a veneer of scholarly respectability”.[1] William Searle Holdsworth, one of Blackstone’s successors as Vinerian Professor, argued that “If the Commentaries had not been written when they were written, I think it very doubtful that [the United States], and other English speaking countries would have so universally adopted the common law.”[2] In the United States, the Commentaries influenced John Marshall, James Wilson, John Jay, John Adams, James Kent and Abraham Lincoln, and remain frequently cited in Supreme Court decisions.

Read more about William Blackstone

 

Independence Day, YouTube Music and Star Spangled Banner Anthem

Dinner Topics for Friday

Independence Day: Liberty and Star Spangled Banner Anthem

news_flag_hdr5At church when we stand and sing the Star-Spangled Banner (it’s in our hymn book), I feel new hope that the majority of the American people still love this country and believe in American exceptionalism.  Politics alone are no longer the solution to our growing tyranny and loss of liberty. It is a cultural problem. Our only hope is to teach our children the gospel of Jesus Christ and the history and constitutional  principles that once  made this country a beacon of liberty to all the world–that is,  teach them Biblical values–the culture of liberty, and to restore America’s covenant with God. ~C.A. Davidson

 

flaghouseBarfootOh say, can you see, by the dawn’s early light,What so proudly we hailed at the twilight’s last gleaming, Whose broad strips and bright stars, through the perilous fight, o’er the ramparts we watched, were so gallantly streaming? And the rockets’ red glare, the bombs bursting in air, gave proof thru the night that our flag was still there. Oh, say does that star-spangled banner yet wave O’er the land of the free and  the home of the brave?

On the shore, dimly seen thru mists of the deep, Where the foe’s haughty host in dread silence reposes, What is that which the breeze, o’er the towering steep, As it fitfully blows, half conceals, half discloses? Now it catches the gleam, of the morning’s first beam, In full glory reflected now shines on the stream: ‘Tis the star-spangled banner! Oh, long may it wave O’er the land of the free and the home of the brave!

Oh, thus be it ever, when free men shall stand Between their loved homes and the war’s desolation! Blest with vict’ry and peace, may the heav’n-rescued land Praise the Power that hath made and preserved us a nation! Then conquer we must, when our cause it is just, And this be our our motto: “In God is our trust!” And the star-spangled banner in triumph shall wave O’er the land of the free and the home of the brave!

~Francis Scott Key

The Star-Spangled Banner” is the national anthem of the United States of America. The lyrics come from “Defence of Fort M’Henry”,[1] a poem written in 1814 by the 35-year-old lawyer and amateur poet Francis Scott Key after witnessing the bombardment of Fort McHenry by British ships of the Royal Navy in Baltimore Harbor during the Battle of Fort McHenry in the War of 1812.

The poem was set to the tune of a popular British song written by John Stafford Smith for the Anacreontic Society, a men’s social club in London. “To Anacreon in Heaven” (or “The Anacreontic Song”), with various lyrics, was already popular in the United States. Set to Key’s poem and renamed “The Star-Spangled Banner”, it would soon become a well-known American patriotic song. With a range of one octave and one fifth (a semitone more than an octave and a half), it is known for being difficult to sing. Although the poem has four stanzas, only the first is commonly sung today.

“The Star-Spangled Banner” was recognized for official use by the United States Navy in 1889, and by U.S. President Woodrow Wilson in 1916, and was made the national anthem by a congressional resolution on March 3, 1931 (46 Stat. 1508, codified at 36 U.S.C. § 301), which was signed by President Herbert Hoover.

Before 1931, other songs served as the hymns of American officialdom. “Hail, Columbia” served this purpose at official functions for most of the 19th century. “My Country, ‘Tis of Thee“, whose melody is identical to “God Save the Queen“, the British national anthem,[2] also served as a de facto anthem.[3] Following the War of 1812 and subsequent American wars, other songs emerged to compete for popularity at public events, among them “The Star-Spangled Banner”.

US Constitution Series 6: Law, Liberty, and Socialism

Dinner Topics for Wednesday

All Men are Created Equal

key The Founders distinguished between equal rights and other areas where equality is impossible. They recognized that society should seek to provide equal opportunity but not expect equal results; provide equal freedom but not equal possessions; provide equal protection but not equal status; provide equal educational opportunities but not equal grades.

decofindependence1The Founders wrote in the Declaration of Independence that some truths are self-evident, and one of these is the fact that all men are created equal. Yet everyone knows that no two human beings are exactly alike in any respect. They are different when they are born. They vary in physical strength, mental capacity, emotional stability, inherited social status, in their opportunities for self-fulfillment, and in scores of other ways. Then how can they be equal?

The answer is that everyone’s individual differences should be accepted, but be treated as equals as human beings. Constitutional writer Clarence Carson describes two ways all persons should have their equality guaranteed:

1) Equality before the law. this means that every man’s case is tried by the same law governing any particular case. Practically, it means that there are no different laws for different classes and orders of men [as there were in ancient times]. The definition of premeditated murder is the same for the millionaire as for the tramp. A corollary of this is that no classes are created or recognized by law.

2) Each man has an equal title to God-given liberties along with every other.

Rousseau’s Error

johnadams2John Adams was in France when Jean Jacques Rousseau was teaching that all men were designed to be equal in every way. Adams wrote:

That all men are born to equal rights is true. Every being has a right to his own, as clear, as moral, as sacred, as any other being has …But to teach that all men are born with equal powers and faculties, to equal influence in society, to equal property and advantages through life, is as gross a fraud, as glaring an imposition on the credulity of the people as ever was practiced by monks, by Druids, by Brahmins, …or by the self-styled philosophers of the French Revolution.

Minorities: Crossing the Culture Gap

Being a minority, even in the United States, is painful because acceptance depends on “crossing the culture gap.” This means learning the English language; attaining the general norm of education—which in America is fairly high; becoming economically independent—which often means getting out of the ghetto; and bedoming recognized as a social asset to the community—which always takes time. (Skousen, p. 106)

There is not a single ethnic group in the United States but what has been treated at one time or another as a minority, or less than first-class citizens. The story of minorities in the United States is a fascinating tale. Beginning with the French in the 1500s and the English in the 1600s (and Dutch, Germans, Swedes, Scots, and Irish in between),it was one grand conglomerate of tension, discrimination, malice, and sometimes outright persecution. But the miracle of it all is the fact that they fought side by side for freedom in the Revolutionary War. So all of this became America—a nation of minorities. (Skousen p.107)

The Black Minority

Providing equality for the blacks has never been approached with any degree of consensus. Some felt that with education and job opportunities the blacks could leap the culture gap just as other minorities had done. Others felt they should be made the beneficiaries of substantial government gratuities. Experience soon demonstrated, however, that government gratuities are as corrupting and debilitating to blacks as they are to the Indians [Native Americans] or any other minorities. The blacks themselves asked for equal opportunity at the hiring hall.

Violence Proves Counter-Productive

In the mid 1960s there were groups of Marxist agitators who move in among the blacks to promote direct action by violence. One of these was Eldridge Cleaver, who had been trained in Marxist philosophy and tactics. He became a leader for the Black Panthers. Cleaver describes the rationale behind their philosophy of violence. It was to destroy the whole economic and social structure of the United States so that blacks could enjoy equal right under an American Communist regime. (Skousen p.109)

The crescendo of violence increased year after year. During the summer of 1968 over a hundred American cities were burning. But the burning was always in black ghettos. But the burning and fire-bombing backfired. The black population began to realize it was only the homes of the blacks that were being burned. Other than police, it was primarily blacks that were being hurt in the melee of the riots. In the shoot-outs with the police, nineteen of the Black Panther leaders were killed. Eldridge Cleaver was wounded. He and his wife later fled to Cuba and then to other Communist countries.

The whole scenario of violence had proved tragically counter-productive. It temporarily jolted out of joint a broad spectrum of reforms which the blacks were really seeking and the rest of the nation was trying to provide.

Eldridge Cleaver Returns

Eldridge_Cleaver_1968After nearly eight years as an exile in Communist and Socialist countries, Eldridge Cleaver asked to be allowed to return to the United States and pay whatever penalty was due on charges pending against him. He and his wife were no longer atheists. They were no longer Communists. Those bitter years behind the iron and bamboo curtains had dispelled all the propaganda concerning “equality” and “justice” under Communism. Cleaver told the press: “I would rather be in jail in America than free anywhere else.” He then went on to say:

“I was wrong and the Black Panthers were wrong …We [black Americans] are inside the system and I feel that the number one objective for Black America is to recognize that they have the same equal rights under the Constitution as Ford or Rockefeller, even if we have no blue-chip stocks. But our membership in the United States is the supreme blue-chip stock and one we have to exercise.”

By 1981 Eldridge Cleaver had paid his final debt to society. soon after that he began accepting speaking engagements before schools, churches, community gatherings, and even prison groups to describe his new and yet profound appreciation for America.

He described the despondency which came over him when he found what a betrayal of human rights and human dignity Communism turned out to be. He described the long and strenuous intellectual struggle with his Marxist atheism before he recognized its fraudulent fallacies.

He frankly and patiently dialogued with university students still struggling with similar philosophical problems. He assured them, as Locke had done, that a persistent pursuit of the truth would bring them to the threshold of reality, where the Creator could be recognized and thereafter have a place in their lives. (Skousen, pp. 110-111)

Declaration_independenceThe Founders distinguished between equal rights and other areas where equality is impossible. They recognized that society should seek to provide equal opportunity but not expect equal results; provide equal freedom but not equal possessions; provide equal protection but not equal status; provide equal educational opportunities but not equal grades.

Next—

Principle 7: The proper Role of Government is to Protect Equal Rights, Not Provide Equal Things

US Constitution Series 5: Trust in God