Wednesday, February 29, 2012

The United States is not a Democracy

3 Wolves 1 SheepOften we hear about the United States being a “Democracy”, or let “Democracy” decide. We see it in many places; the United States Navy Sailors Creed has the term Democracy

“…to protect freedom and democracy around the world.”

But the United States is not a “True Democracy”, rather we are a democratically elected Republic, and the difference between that and democracy is significant.

Democracy vs a Republic

Democracy

Majority vote prevails. The majority of a vote on a given subject decides the course of law, generally without any predefined limits on what law can be, since the majority of the people decide what law is.

Republic

A system where members are chosen for the purpose of representing a larger body (in the US the People or the States), generally in part or in whole chosen directly by the people. That body or bodies are usually constrained by some sort of contract (Constitution) with the people normally directly voting for at least one part of the body.

Monday, February 20, 2012

Role of the Supreme Court (Quick Thoughts)

Role of the CourtToday I was watching a news show, and the discussion was the potential retirement of Justice Ginsburg in 2015. During the commentary, one comment from a pundit really caught my attention in regards to the Supreme Court. He was discussing how the 2012 Presidential Election will have a significant impact on the Court pending the winner in the General Election in November. It was the comment at the end, not so much the philosophy or jurisprudence that struck me. He said, "One of the most important things an Executive will do is nominate to the Supreme Court", this I do not disagree with. It was the reasoning that I do, because he stated after this, "The Supreme Court decides who gets equal Rights", and then proceeded to state how one candidate should "Scare the hell" out of the people if he were to win, the latter being besides the point.

The role of the Supreme Court is NOT to decide who gets equal rights, this is already addressed in multiple places on who does.

The Declaration of Independence:

We hold these truths to be self-evident: That all men are created equal; that they are endowed by their Creator with certain unalienable rights; that among these are life, liberty, and the pursuit of happiness

14th Amendment

No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

Sunday, February 12, 2012

Origins of the First Amendment, Freedom of Religion: Early writings to 1787 (Part 7)

Freedom of ReligionAs discussed in part one of the origins of the Bill of Rights British tyranny had a lot of influence on what would eventually become the First Amendment in the Bill of Rights. Partially out of this tyranny and partially out of philosophy. Many writings occurred in the decades, even centuries before the American Revolution that expressed opinions which are found in the First Amendment.

A sample of these will be discussed since are well too many to going to depth on all of them, but a sample across decades and centuries will be explored here into the American Revolution.

We will look at the First Amendment in four different areas, freedom of religion, freedom of speech and the press, freedom of Association and freedom to petition. The reason for this is these can be distinctly referenced to in their specific areas though in all writings they may not be combined together.

Friday, February 10, 2012

Whose liberty comes first?(Quick Thoughts)

Much news has been made in regards to the recent policy of requiring all employers to provide health insurance covering contraception, including religious organizations who may have faith based objections to such services. This presents the question of "whose liberty comes first"? Does the Church’s freedom of religious expression come before the individual?