I'm trying to figure out how this supports any such hypothesis..In the HBO movie it is clearly evident that the Jew-free Germany/Europe was always evolving. TheFinal Solution was the last of a long line of options designed to accomplish the racial goals of the Nazi regime. As I recall the film closely follows the notes in the sole copy of the meeting that survived the collapse of the regime.
And what, if anything, has this to do with the price of nails in Denmark?
Re: #29 in Federalism abrogated:Types of Rights and Limits thereon. CHB.pdf (attached). 8)Voting rights are addressed in the attached pdf. I have bolded the key point (re: voting).PS: for those that don't have Adobe Reader (c); get it here.
I have checked and checked again and nowhere in the Constitution is the word "vote" used. It does say that our leaders will be elected by the "People", but fails to define just who those people might be; that is left up to the states in the carefully crafted compromise that was forged. It also does not set any limitations on the franchise for those who break the law as that too is a concern for the states. Amendments to the original document did address some of these questions, but I find nothing in the whole document that would suggest that voting is not the right, but an opportunity to vote is.Now I know that you know more of this than I do so please excuse my swimming in a semantical sea,but I am confused and cannot help but feel that either you are wrong or I am more obtuse than mywife believes.
Less obtuse, more a victim of stilted language of that time; when the Constitution says Electors (Art. I Sec. 2) re: election of Representatives they meant "voters". States at that time set their own guidelines on who could vote as this was before the 15th, 19th, 24th, and 26th Amendments.
Since the state sets the rules for voting it has always been a game to limit access to the voting boothas a means of excluding your opponents or to maintain the status quo if your party us in power. Intheory a state could have given the right (note word given) to vote to women as far back as 1790.States could and did place restrictions on the franchise using property, taxes, residence and race andliteracy tests as methods of exclusion in various places at various times. In Texas I am told that people on probation could not vote at one time! In theory a state could have exclude whole categories ofpeople--swarthy people, people who could not use the subjunctive mood correctly or confused the present with the past participle in everyday speech.
Yes and (certain of) such conditions were deemed to violate the ideals of the 14th Amendment. This is why we have a Court system.
Agreed--the Constitution does not guarantee you happiness, but it does set suggest that you have a right to your life and your liberty if you are a law abiding sheep. So let me set you a problem.You are a law abiding citizen and the Dred Scott decision has just been handed down. You are nowobligated to assist slave catchers in pursuit of "property" that ran off to seek his "inalienable"liberty. As I understand it, and please correct me if I am wrong, if you fail to assist or impede these doughty chasers, you can be charged with a crime and, if convicted, be jailed and perhaps lose your "right" to vote. Am I correct here? What would you do--be a good sheep?
There you go again... using our 21st century norms to judge the 19th century. You are, however, correct. You would have broken the Fugitive Slave Law.
The point is a good citizen is bound to obey the laws--even Presidents or Marine Colonels are supposed to do so. But what if the law is a bad law, wrong morally to the point that you cannot accept it. So I will end this by setting you another problem. Imagine that you are a Customs officer stationed on the Canadian border at Niagara Falls, New York. One evening a young man crosses the border from Canada and one of your subordinates finds a marijuana cigarette in his sock. Let us make this hard--it is 1969 and President Nixon has declared an all out war on drugs.You question the young man and find that he has just finished law school in Michigan and is on his way home to Long Island where he is scheduled to take the bar exam. Now at that time in New Yorkthe rule was that Federal prosecution would be declined, but state prosecution would be initiated andthe young man would be charged with a felony--this is true--look it up. If convicted, and it is probable that he would be as government officials at that time were still believed to be telling the truth, he would never be able to practice law and his career would be aborted. You are the Supervisor and you have a choice. Arrest him, turn him over to the locals and smash another drug user in the drug war--OR--write up the encounter stating that the evidence was destroyed in testing meaning there can be no prosecution, no conviction and no record. What would you do? Obey the law or see that right was done? Remember, if you choose the latter you become a law breaker!
Situational morality is always a problem... your waffle solution seems to work: ...oopsy, the suspect substance blew away in the breeze as I was trying to determine what it was.... Becoming a lawbreaker is a red-herring here... we inadvertantly break many laws each day that could cause us grief just because there are so many laws that never get noted.
Thank you for your time--I am looking forward to your answer--happy Sunday.
This post will end my comments on this thread; I will however wax philosophical on the matter at Civics in Action....
Perhaps--but consider this. As a citizen, at birth, you are given the right to vote, but it is conditionalin the sense that if you are convicted of a felony or treason the government may take away this right.
Voting isn't the right; the opportunity to vote is the right. The act itself is a civic responsibility (we are not compelled by law to vote)... the only condition is that we follow the laws (and have not abrogated our opportunity by breacking the law) and are insured the equality of our position to other legitimate voters (old enough, resident of district, correctly registered etc.)
I would argue that the "right" is dependent on your behavior and in that sense is conditional--do you not agree? It is the same for life, liberty and happiness--all dependent upon what the state considersappropriate deportment.
Word games perhaps? Limiting the rights of certain individuals is one method of assuring the rights of the majority. Dead people in Chicago voting in a Presidential election compromises the weight of my one and eqaul vote. As far as life, liberty and happiness... it is l, l and the pursuit of happiness... but all within societal norms... no guarantees
The state can take all of these away under certain conditions so one could make the argument that these are not in fact inalienable, but conditional--do you not agree?
In a word, no. One of the duties of a citizen is to follow the laws; break the law and you abrogate the right.Earlier I had a rather involved comment on this extension of the thread and lost it... this will have to do, as my patience is wearing thin. At some point I will reconstruct the lesson that I used for this topic and pass it along.
.... ...you have vexed me greatly with your post because it might be true. The world shudders.
Not only true but just the way the world learns, and always has (slowly). Must feed them pablum first; later working up to hamburger... on to (eventually) the finest steaks.
Only minimal research involved… just to find support for the position I took (taught) for many years; the Framers were interested in getting the Federal System in place even as many were concerned that the States would have less right to control their own progress. The mention of the BofR is the clue… Feds didn't think it necessary because we all knew what we fought the AmRev over. Anti's (correctly) countered that in 200 or 500 years no one alive would bear witness and without something in writing only speculation of what was meant would remain.The questions I've pondered (asked my students, with some surprising answers) are:1) Would it have been better if the BofR was included in the original document?2) Does it look funny that the BofR is tacked on at the end? ...oh, by the way....3) Is it a stronger statement of our Rights to have the BofR added as extra emphasis? And always remember....My personal takes:1) Other than the Preamble, what if anything, does the average person remember of the Constitution? No one would remember we had these rights.2) This was likely the sop offered by the Feds to git 'er done. Sort of a "yeah, whatever it takes"... approach.3) My personal preference, based on the "no on will be left to remember" idea.
But look at it this way, we've got Star Wars and Star Trek. Luke Skywalker vs Achilles to the death woo hoo!
Ah yes, but Star Wars teaches the same basic principles as the Greeks; do you supposein 2000 years will we be teaching SW's rather than the Greeks to 6th graders? Culture is the passing on of what one generation thinks is important enough to teach the next.
The "idea" came from where. I cannot find it in the Constitution and Virginia's argument seems tobe a bit far fetched--unless of course it was an unwritten, but understood concept. What say you?
This from WikipediaJustifications for secessionSome theories of secession emphasize a general right of secession for any reason (?Choice Theory") while others emphasize that secession should be considered only to rectify grave injustices (?Just Cause Theory?).[6] Some theories do both. A list of justifications may be presented supporting the right to secede, as described by Allen Buchanan, Robert McGee, Anthony Birch,[7] Walter Williams,[8] Jane Jacobs,[9] Frances Kendall and Leon Louw,[10] Leopold Kohr,[11] Kirkpatrick Sale,[12] and various authors in David Gordon?s ?Secession, State and Liberty,? includes:United States President James Buchanan, Fourth Annual Message to Congress on the State of the Union December 3, 1860: "The fact is that our Union rests upon public opinion, and can never be cemented by the blood of its citizens shed in civil war. If it can not live in the affections of the people, it must one day perish. Congress possesses many means of preserving it by conciliation, but the sword was not placed in their hand to preserve it by force." United States President Thomas Jefferson: "If any state in the Union will declare that it prefers separation...to a continuance in union... I have no hesitation in saying, 'let us separate.' " The right to liberty, free association and private property Consent as important democratic principle; will of majority to secede should be recognized Making it easier for states to join with others in an experimental union Dissolving such union when goals for which it was constituted are not achieved Self-defense when larger group presents lethal threat to minority or the government cannot adequately defend an area Self-determination of peoples Preserving culture, language, etc. from assimilation or destruction by a larger or more powerful group Furthering diversity by allowing diverse cultures to keep their identity Rectifying past injustices, especially past conquest by a larger power Escaping ?discriminatory redistribution,? i.e., tax schemes, regulatory policies, economic programs, etc. that distribute resources away to another area, especially in an undemocratic fashion Enhanced efficiency when the state or empire becomes too large to administer efficiently Preserving ?liberal purity? (or ?conservative purity?) by allowing less (or more) liberal regions to secede Providing superior constitutional systems which allow flexibility of secession Keeping political entities small and human scale through right to secession While largely unwritten at the time much, as you can see, has been written since. Most likely the child of the old Fed v AntiFed debate. The Constitution is silent on this because it was written to unify and hence wouldn't write out the directions to disunify. This certainly makes me happy the Anti's got us a Bill of Rights... in writing. Just hope folks read it as written... not through their cultural filters, eh?That is another lesson, for another day, perhaps.
The idea was if a state could opt in then it could also opt out. A simple concept that while logical couldn't be allowed. Statehood couldn't be a revolving door, so to speak.
Nothing to be afraid of here unless one is afraid of Pandora's box... a mythical beast at best.
Historical empathy leads us down a path where we find it difficult to condemn anything ...horrible as these things are we cannot call them wrong because our lens looking backward was made in the present and what is abhorrent or anathema to us would[I'd substitute could here] be perfectly acceptable to some our ancestors.
My point exactly.
There is worse to come. ...we also should adopt cultural empathy. There is nothing particularly wrong or immoral about cannibalism ...world is filled with people abiding by their cultural norms oblivious to our concern or objection. If a soldier stationed in Afghanistan sees a man beating his wife in the street with a cudgel, what is he to do? If they see a man in the process of killing his daughter (an honor killing) do they understand that it is merely their custom and although perhaps against the law is not violative of the mores of the group. You see the problem. We are trapped by time, geography and our particular culture and our educational system does not prepare us to accept the wild deviations we are sure to see if we venture from these shores into societies quite different from our own.
In the sublime world of education and the study of culture we can seek to understand the motivation by using cultural empathy... again trying to see around our own cultural filters (there is a cross-curricular lesson using the idea of lens filters on cameras here) but in the practical world the soldier stops the man from beating the wife (risking his own safety) because that is what we do... we stop the honor killing if we can because it's not part of our cultural baggage and we can't get our mind around it. Life in the wider world isn't at all like what we study in class. Sorry but we often cannot practice what we preach. And in you examples shouldn't....
I too used to teach that judgment of other times had to be done very carefully lest we... obscure our vision of truth as seen by our subjects. This was always hard to do.... Most clung to the views and beliefs that had been inculcated by their parents, their religion or the society itself.
Or rapidly disavowed same when given an option, in my experience.
As you know, a liberal education is supposed to introduce you to the banquet of ideas so you need not dine on hamburger for the rest of your life. I was always surprised how difficult it was to successfully improve the palate.
Or stamp out one dogmatic set of ideas to be replaced by another.
The only solution seems to be to tell students that what we are going to study is history as it waslived by the people in that time and that any negative views we might have of their practices, rituals or folkways must be held in abeyance as we view from afar and through a glass darkly.
Better to compare and contrast the the era / group / society being studied with our contemporary time and see how each manages. Even the primitive (so-called) hunter-gatherer societies that survive today, while considered by many to be only slightly above animals, have won the battle of survival... what they do works for them. Their culture works... is it for us? Not at, all but we can't criticize them based on our culture as our rules don't apply... we'd not last a day in their world.
Thanks for your essay--it was an ACE!
Thank you for the kind words... just one more little try at righting the collective cranio-rectal inversion of humankind.
Author
Posts
Viewing 15 posts - 316 through 330 (of 1,556 total)