About Valuable International Democracy
What all does it mean for french speaking. Soon online.
American Democracy - Founders and framers of the American constitution
"The powers delegated by the
proposed Constitution to the federal government, are few and defined.
Those which are to remain in the State governments are numerous and
indefinite. The former will be exercised principally on external
objects, as war, peace, negotiation, and foreign commerce; with which
last the power of taxation will, for the most part, be connected. The
powers reserved to the several States will extend to all the objects
which, in the ordinary course of affairs, concern the lives, liberties,
and properties of the people, and the internal order, improvement, and
prosperity of the State.
The operations of the federal government
will be most extensive and important in times of war and danger; those
of the State governments, in times of peace and security. As the former
periods will probably bear a small proportion to the latter, the State
governments will here enjoy another advantage over the federal
government. The more adequate, indeed, the federal powers may be
rendered to the national defense, the less frequent will be those scenes
of danger which might favor their ascendancy over the governments of
the particular States.
If the new Constitution be examined with
accuracy and candor, it will be found that the change which it proposes
consists much less in the addition of new powers to the Union, than in
the invigoration of its original powers." James Madison The Federalist No. 45: Alleged Danger From the Powers of the Union to the State Governments Considered Independent Journal January 26, 1788
Learn about the Commercial Clause: http://www.intellectualtakeout.org/node/#.Ts_1EE7HpG0.blogger
"To suppose that many any form of government will secure liberty or happiness without any virtue in the people, is a chimerical idea" James Madison. But John Adams added 'Public Virtue cannot exist in a Nation without private virtue, and public Virtue is the only foundation of a republic."
Explaining more, lets refer to Georges Washington so that to learn: 'Virtue or morality is a necessary spring of popular government, and human rights can only be assured among virtuous people." In a certain sense what also tells Patrick Henry enhance this previous sentence: "A vitiated state of morals, a corrupted public conscience, is incompatible with freedom.". So as warns Benjamin Franklin "Only virtuous people are capable of freedom." Highlighting liberty as a human need, Judge Learned Hand will come to precise that 'Liberty lies in the hearts of men and women. When it dies, no constitution, no law, no court can save it."
If you read all previous quote, why not conclude with Thomas Jeffersonthat " No government can continue good but under the control of the people; and ... theirs minds are to be informed bu education what is right and what is wrong; to be encouraged in habits of virtue and to be deterred from those of vice... These are the inculcation necessary to render the people a sure basis for the structure and order of government.".
However a central point remain Loyalty to the Constitution is stressed by the Preamle stating that "We the people, must seek the blessing of liberty by reverencing the Constitution itself learning and abiding by its precepts of individual self-government and responsibility, being virtuous, and doing good to one another."
More on the American Constitution: http://rss.libguides.com/rss.php?mode=s&iid=294&sid=1489919
"The Constitution] contains an enumeration of powers expressly granted by the people to their government. It has been said that these powers ought to be construed strictly. But why ought they to be so construed? Is there one sentence in the Constitution which gives countenance to this rule?
Democracy needs public virtue tell the founders and framers of the American Constitution
"To suppose that many any form of government will secure liberty or happiness without any virtue in the people, is a chimerical idea" James Madison. But John Adams added 'Public Virtue cannot exist in a Nation without private virtue, and public Virtue is the only foundation of a republic."
Explaining more, lets refer to Georges Washington so that to learn: 'Virtue or morality is a necessary spring of popular government, and human rights can only be assured among virtuous people." In a certain sense what also tells Patrick Henry enhance this previous sentence: "A vitiated state of morals, a corrupted public conscience, is incompatible with freedom.". So as warns Benjamin Franklin "Only virtuous people are capable of freedom." Highlighting liberty as a human need, Judge Learned Hand will come to precise that 'Liberty lies in the hearts of men and women. When it dies, no constitution, no law, no court can save it."
If you read all previous quote, why not conclude with Thomas Jeffersonthat " No government can continue good but under the control of the people; and ... theirs minds are to be informed bu education what is right and what is wrong; to be encouraged in habits of virtue and to be deterred from those of vice... These are the inculcation necessary to render the people a sure basis for the structure and order of government.".
However a central point remain Loyalty to the Constitution is stressed by the Preamle stating that "We the people, must seek the blessing of liberty by reverencing the Constitution itself learning and abiding by its precepts of individual self-government and responsibility, being virtuous, and doing good to one another."
More on the American Constitution: http://rss.libguides.com/rss.php?mode=s&iid=294&sid=1489919
----------------------------------------------------------------------------
The Commercial Clause in The United States of America
"The Constitution] contains an enumeration of powers expressly granted by the people to their government. It has been said that these powers ought to be construed strictly. But why ought they to be so construed? Is there one sentence in the Constitution which gives countenance to this rule?
In the last of the enumerated powers, that which grants
expressly the means for carrying all others into execution, Congress is authorized 'to make all laws
which shall be necessary and proper' for the purpose. But this limitation
on the means which may be used is not extended to the powers which are
conferred, nor is there one sentence in the Constitution which has been pointed
out by the gentlemen of the bar or which we have been able to discern that
prescribes this rule.
We do not, therefore, think ourselves justified in
adopting it. What do gentlemen mean by a "strict construction?" If they contend only against that
enlarged construction, which would extend words beyond their natural and
obvious import, we might question the application of the term, but should not
controvert the principle. If they contend for that narrow construction which,
in support or some theory not to be found in the Constitution, would deny to
the government those powers which the words of the grant, as usually
understood, import, and which are consistent with the general views and objects
of the instrument; for that narrow construction which would cripple the
government and render it unequal to the object for which it is declared to be
instituted, and to which the powers given, as fairly understood, render it
competent; then we cannot perceive the propriety of this strict construction,
nor adopt it as the rule by which the Constitution is to be expounded.
As men whose intentions require no concealment
generally employ the words which most directly and aptly express the ideas they
intend to convey, the enlightened patriots who framed our Constitution, and the
people who adopted it, must be understood to have employed words in their
natural sense, and to have intended what they have said. ...We know of no rule
for construing the extent of such powers other than is given by the language of
the instrument which confers them, taken in connexion with the purposes for
which they were conferred.
The words are, 'Congress
shall have power to regulate commerce with foreign nations, and among the
several States, and with the Indian tribes.'
The subject to be regulated is commerce, and our
Constitution being, as was aptly said at the bar, one of enumeration, and not
of definition, to ascertain the extent of the power, it becomes necessary to
settle the meaning of the word. The counsel for the appellee would limit it to
traffic, to buying and selling, or the interchange of commodities, and do not
admit that it comprehends navigation. This would restrict a general term,
applicable to many objects, to one of its significations. Commerce,
undoubtedly, is traffic, but it is something more: it is intercourse. It
describes the commercial intercourse between nations, and parts of nations, in
all its branches, and is regulated by prescribing rules for carrying on that
intercourse. The mind can scarcely conceive a system for regulating commerce
between nations which shall exclude all laws concerning navigation, which shall
be silent on the admission of the vessels of the one nation into the ports of
the other, and be confined to prescribing rules for the conduct of individuals
in the actual employment of buying and selling or of barter.
If commerce does not include navigation, the government
of the Union has no direct power over that subject, and can make no law
prescribing what shall constitute American vessels or requiring that they shall
be navigated by American seamen. Yet this power has been exercised from the
commencement of the government, has been exercised with the consent of all, and
has been understood by all to be a commercial regulation. All America
understands, and has uniformly understood, the word 'commerce' to comprehend
navigation. It was so understood, and must have been so understood, when the
Constitution was framed.
The power over commerce, including navigation, was one
of the primary objects for which the people of America adopted their
government, and must have been contemplated in forming it. The convention must
have used the word in that sense, because all have understood it in that sense,
and the attempt to restrict it comes too late." Chief Justice John MarshallGibbons v. Ogden (1824) Supreme
Court of the United States1824
Commentaires