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Links claimant in person: "The [right] against self-incrimination is neither accorded to the passive resistant, nor the person who is ignorant of his rights, nor to one indifferent thereto. It is a fighting clause. Its benefits can be retained only by sustained combat. It cannot be claimed by an attorney or solicitor. It is valid only when insisted upon by a belligerent claimant in person." 76 F. Supp 538 (pre-Miranda)
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Monday, September 22, 2003
More democracy than they can handle!
In a pure republic, the people elect representative to the next level up, then those representatives elect representatives to the next level up from them. In the American republican form of government, there are two channels of representation. On the populist side, the people elect representatives to every level. On the sovereignty side, each political subdivision sends senators to represent it at the next level up. Nowhere in either of these constructs is there direct election or decision of issues by the people acting en masse. But the American form of republic is a true hybrid, wherein many states do allow direct decision in the form of Initiative and Referendum. Initiative is where the people can force a question onto the ballot and then vote on it. Initiative is a device for getting around legislatures that are too controlled by vested interests or too entrenched in the political machinery to bother with what the people really want. At least, that's the theory. Referendum is where the legislature passes a law back to the people for final ratification. For example, the Nevada State legislature can pass a proposed amendment to the Nevada constitution, but it must then refer that amendment to the people for popular ratification. A pure democracy is where every eligible voter has the opportunity to vote on the issues of the day. In a pure democracy there is no congress or legislature, because the people legislate for themselves. Democracies always become chaotic, what with everything changing as often as things can be gotten up for vote, and an emotional majority terrorizing a hapless minority. Which is why our Founders only allowed a little democracy within a predominantly republican structure. The United States is not a democracy, therefore, but a democratic republic. It used to be mostly a republic, but the democracy part was vastly increased by the 17th Amendment, which replaced the appointment of senators with popular election. Anyway, it is on the one hand a disaster for patriots to see the degradation of our republic that has resulted from the 17th Amendment. Deliberation has been replaced by the whim of the moment, and reason replaced by the mob. Where in times gone by the watch-phrases were 'eternal vigilance' and 'responsibility', the watch-phrases have come to be 'majority rule' and 'security'. Yet on the other hand, now and then it happens that there is delightful vengeance is seeing the creature bite the hand of its Frankenstein. I'm referring to the California recall, of course. When the liberals here don't like an initiative passed by the majority (e.g., no welfare for illegal aliens), they run to a bleeding-heart federal judge and get the new law stopped ("It might hurt someone.") Or, as in the cases of affirmative action and bilingual educative befuddlement being stricken down, they simply ignore the court orders they dislike and carry on, saying, "It's for the children and the minorities and the women and anybody else who doesn't look like a dead white man, and all you who disagree with us are just plain mean at heart." So when I see the people acting through the Initiative to throw out a democrat governor who hasn't served them well, I see democracy at work. And when I hear democrats complaining that the recall is overturning an election, it makes my jollies tingle to think that these dolts are finally getting all the democracy they deserve. Comments:Post a Comment
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