Thursday, December 16, 2010

Former Dallas Mayor Ron Kirk Endangers EVERY American


"It is easy to think the State has a lot of different objects --
military, political, economic, and what not.
But in a way things are much simpler than that.
The State exists simply to promote and to protect
the ordinary happiness of human beings in this life.
A husband and wife chatting over a fire,
a couple of friends having a game of darts in a pub,
a man reading a book in his own room
or digging in his own garden --
that is what the State is there for.
And unless they are helping to increase
and prolong and protect such moments,
all the laws, parliaments, armies, courts, police,
economics, etc., are simply a waste of time."
-- C. S. Lewis
(1898-1963), British novelist

"Congress will ever exercise their powers
to levy as much money as the people can pay.
They will not be restrained from direct taxes
by the consideration that necessity does not require them."
-- Melancton Smith
(1744-1798) opponent of Alexander Hamilton during New York's ratifying convention

"I consider the foundation of the Constitution as laid on this ground:
That 'all powers not delegated to the United States, by the Constitution,
nor prohibited by it to the States, are reserved to the States or to the
people' (10th Amendment). To take a single step beyond the boundaries
thus specifically drawn around the powers of Congress, is to take
possession of a boundless field of power, no longer susceptible to any
-- Thomas Jefferson
(1743-1826), US Founding Father, drafted the Declaration of Independence, 3rd US President
Source: Opinion on the Constitutionality of a National Bank, letter to George Washington,15 February 1791,
The Papers of Thomas Jefferson, Boyd, ed., vol. 19 (276)


The Constitution has been reduced to seven words: general welfare... regulate commerce... necessary and proper.
That's it.
There are no limitations on federal power. 
The problem is not teachers, students, or parents. Just like with the post office the problem is not postal workers. With union shops, the problem is not union workers. With California government, the problem is not civil servants.
The problem is the incentive structure.
You can't change human nature, and you can't fix a pathologic system by maintaining its pathologic incentives.
I am absolutely in favor of improving education in the United States.
It's for that reason I oppose spending any tax money on schools.


"And that the said Constitution be never construed to authorize Congress to infringe the just liberty of the press, or the rights of conscience; or to prevent the people of the United States, who are peaceable citizens, from keeping their own arms; or to raise standing armies, unless necessary for the defense of the United States, or of some one or more of them; or to prevent the people from petitioning, in a peaceable and orderly manner, the federal legislature, for a redress of grievances; or to subject the people to unreasonable searches and seizures of their persons, papers or possessions."
-- Samuel Adams
(1722-1803), was known as the "Father of the American Revolution."
Source: Debates and Proceedings in the Convention of the Commonwealth of Massachusetts, 1788 (Pierce & Hale, eds., Boston, 1850)

"Tis a Mistake to think this Fault [tyranny] is proper only to Monarchies; other Forms of Government are liable to it, as well as that. For where-ever the Power that is put in any hands for the Government of the People, and the Preservation of their Properties, is applied to other ends, and made use of to impoverish, harass, or subdue them to the Arbitrary and Irregular Commands of those that have it: There it presently becomes Tyranny, whether those that thus use it are one or many."
-- John Locke
(1632-1704) English philosopher and political theorist. Considered the ideological progenitor of the American Revolution and who, by far, was the most often non-biblical writer quoted by the Founding Fathers of the USA.

"One of the greatest problems that we as a free people face today is that for the past 100 years trial judges in the U.S. have routinely misinformed jurors that they were bound to accept the judge's opinion of what the law is; which law to apply; and whether or not they had to find a defendant guilty. In so doing these judges have welded shut this all important safety valve, which our Founders so wisely provided our society -- and the result has been an explosive one."
-- Mike Robbins
Source: Fully Informed Jury Association Activist, Summer 1995.

"It is clear in our criminal justice system that the jury has the power to nullify -- that is, the power to acquit or to convict on reduced charges despite overwhelming evidence against the defendant. ... In a criminal trial, the court cannot direct a verdict of guilty, no matter how strong the evidence. In addition, if the jury acquits, double jeopardy bars the prosecution from appealing the verdict or seeking retrial. Similarly, if the jury convicts the defendant of a less serious offense than the one charged, the prosecution cannot again try the defendant on the more serious charge. This result occurs regardless of whether the jury consciously rejects the law, embraces a merciful attitude, or is simply confused concerning the law or facts. Thus, nullification -- with or without authority, intended or not -- is part of our system."
-- Anne Bowen Poulin
Professor of Law, Villanova School of Law
Source: Article: The Jury: The Criminal Justice System’s Different Voice, 62 U. CIN. L. REV. 1377, 1399 (1994).

"The power of nullification plays an important role in the criminal justice system. ... Because an accused criminal is restricted in the defenses he or she can raise, the law recognizes only certain defenses and justification, and correspondingly, limited evidence. The jury’s power to nullify provides an accommodation between the rigidity of the law and the need to hear and respond to positions that do not fit legal pigeonholes, such as claims of spousal abuse before the battered-spouse syndrome received acceptance. Jury nullification permits the jury to respond to a position that does not have the status of a legally recognized defense. The power to nullify guarantees that the jury is free to speak as the conscience of the community. "
-- Anne Bowen Poulin
Professor of Law, Villanova School of Law
Source: Article: The Jury: The Criminal Justice System’s Different Voice, 62 U. CIN. L. REV. 1377, 1400 (1994)

"But, sir, the people themselves have it in their power effectually to resist usurpation, without being driven to an appeal of arms. An act of usurpation is not obligatory; it is not law; and any man may be justified in his resistance. Let him be considered as a criminal by the general government, yet only his fellow-citizens can convict him; they are his jury, and if they pronounce him innocent, not all the powers of Congress can hurt him; and innocent they certainly will pronounce him, if the supposed law he resisted was an act of usurpation."
-- Theophilus Parsons
Source: in the Massachusetts Convention on the ratification of the Constitution, January 23, 1788,
in _Debates in the Several State Conventions on the Adoption of the Federal Constitution,_
Jonathan Elliot, ed., v.2 p.94 (Philadelphia, 1836)



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