Comments by "Patrick Cleburne" (@patrickcleburneuczjsxpmp9558) on "PragerU"
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@TheStapleGunKid The people/their representatives. But in a different (other-than-American) context it could just as well be a monarch or some other representative as elected representatives. As Senator (later president) Warren G. Harding said around the time of WWI, “voting for war in the name of democracy... It is my deliberate judgment that it is none of our business what type of government any nation on this earth may choose to have.” (By the way, are you as much of an interventionist hawk when it comes to foreign countries as you are a fan of despotism at home? How consistent is your opposition to living and letting live? How consistent is your refusal to see any other solution to dealing with differences other than coercion, threats of violence and violence? Did you support Obama's and Trump's missile strikes on Syria and wish we had been more aggressive? Would you defend our wars against Libya, Serbia, Iraq...? Support continued drone strikes against all the countries with which we haven't even been at war, not by modern American standards anyway? Favor increased involvement in Ukraine?) Certainly states have a right to refuse to enter into or remain in union with states that have forms of government too different from their own, too different to make close cooperation impractical. There is obviously wisdom in the constitution's prohibition on allowing Saudi Arabia to become the 51st state. But the details of the process by which Wisconsin may choose to declare something unconstitutional isn't the business of anyone but the people of Wisconsin.
As Jefferson wrote elsewhere and in a slightly different context, "to consider the judges as the ultimate arbiters of all constitutional questions: a very dangerous doctrine indeed and one which would place us under the despotism of an Oligarchy. our judges are as honest as other men, and not more so. ...and their power the more dangerous as they are in office for life, and not responsible, as the other functionaries are, to the elective controul. the constitution has erected no such single tribunal knowing that, to whatever hands confided, with the corruptions of time & party it’s members would become despots... the judges certainly have more frequent occasion to act on constitutional questions, because the laws of meum & tuum, and of criminal action, forming the great mass of the system of law, constitute their particular department. when the legislative or executive functionaries act unconstitutionally, they are responsible to the people in their elective capacity. the exemption of the judges from that is quite dangerous enough. I know no safe depository of the ultimate powers of the society, but the people themselves"
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@TheStapleGunKid The first of the questions you asked in your comment with a string of questions the answers to all of which ought to have been clear enough to you if you had actually read what Jefferson wrote, and the question to which I replied with the quote from the Kentucky Resolutions was, once again: "First of all, if there's a right to declare federal laws unconstitutional, why would it fall to the people or their representatives and not the courts?" Are you really dumb enough or so blinded by your mental dependence on despotism that you can't see the answer to that question in the quote I provided?
If you read the Kentucky Resolutions, tell me whether you agree with the principles Jefferson set out in them, and if not, tell me where you agree and where you disagree, and why you disagree where you disagree (at least for one or two points for starters.)
And since you're so hung up on the specifics of how a state would decide what's unconstitutional, tell me what you think Jefferson had in mind, specifically in light of what I already quoted Jefferson saying elsewhere (beginning with "to consider the judges...")
And as to those specifics, I've already told you that I'm not hung up on the specifics of how a people express their will, that in other contexts (other-than-American) I think the principles Jefferson expressed could even be applied to constitutions (or treaties or other legal arrangements) between states governed by monarchs.
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@TheStapleGunKid "The constitution says the states can't print money, so if a state starts printing money, the federal government can compel it to stop. Because if it couldn't then what would stop the state from printing money?"
One could just as well say the constitution says the federal government can't make any law abridging the freedom of speech, so if the federal government abridges the freedom of speech, states can compel it to stop. Because if states couldn't then what would stop the federal government from abridging the freedom of speech?
"In regard interpreting what the government can do in this regard, that would fall to the judicial power of the United States, IE the supreme court."
That takes us back to the other question I already asked, which you didn't answer: Where did the Supreme Court get that authority?
"What's your view? Do you believe the federal government has no right or ability to compel the states to do anything? And please don't just refer to the Kentucky Resolutions or some other document, just give your view."
You claim to have read the Kentucky Resolutions, but you haven't responded to a single specific point or argument made in the Kentucky Resolutions. If you're going to maintain that you've read them... and done so over the course of our recent discussion, then why should I repeat what you've already read?
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And as to what changes were made between the US and the Confederate constitutions, Stephens said this in April of 1861, "But all the changes — every one of them — are upon what is called the conservative side. Now, this I ask your special atten tion to. It is an important fact. I wish you specially to mark it, for I know that efforts has been made to create prejudice against our movement by telling the conservative men of the country that it sprung from some of the hot heads down South, and should not be relied on or trusted. But take the constitu tion and read it, and you will find that every change in it from the old constitution is conservative. In many respects it is an improvement upon the constitution of our fathers. It has such improvements as the experience of seventy years showed were required. In this particular our revolution thus far is distin guished from popular revolutions in the history of the world. In it are settled many of the vexed questions which disturbed us in the old confederacy. A few of these may be mentioned — such as that no money shall be appropriated from the common treas ury for internal improvement ; leaving all such matters for the local and State authorities. The tariff question is also settled. The presidential term is extended, and no re-election allowed. This will relieve the country of those periodical agitations from which sprang so much mischief in the old government. If his tory shall record the truth in reference to our past system of government, it will be written of us that one of the greatest evils in the old government was the scramble for public offices — connected with the Presidential election. This evil is entirely obviated under the constitution which we have adopted.
Many other improvements, as I think, could be mentioned, but it is unnecessary. I have barely alluded to the subject to show 3'ou that we do not invite you to any wild scheme of revolution. We invite Virginia to join us in perpetuating the principles upon which she has ever stood — the only hope of constitutional liberty in the world, as I now seriously apprehend."
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@TheStapleGunKid Ha ha! You're a joke. But you're also a liar, and a revisionist propagandist. The constitutional questions relating to slavery most certainly weren't whether it would "survive or die," and if you say so, then you're intentionally lying. But, of course, you need lies like these to hide from the real questions of the war, the ones that are just as relevant today completely apart from anything at all to do with slavery, like the ones I asked you about 4 comments back in this thread (not for the first time.) You know what you're really defending is slavery, not African chattel slavery, but slavery all the same, and you're happy to exploit long-dead issues of African slavery in order to continue defending slavery today.
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