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How did it get to the point where peoples’ rights were taken away? Why didn’t people fight back?
“She explained that it happened over time and it was a process,” Leslie said. “People thought they could live with certain inconveniences. They thought this would pass.”
...After President Roosevelt threatened to pack the Court to dilute the influence of the uncooperative “nine old men,” a majority of the justices took to the most expansive definition of the commerce clause like a drunk to drink. The Court blessed the secretary of agriculture’s power to set minimum prices for milk sold intrastate . “The marketing of intrastate milk,” wrote the Court in the 1942 Wrightwood Dairy case, “which competes with that shipped interstate would tend seriously to break down price regulation of the latter.” Yes, so? What was the Court’s point? Only that nothing — especially not liberty — should be permitted to get in the way of the national government’s power to regulate the economy....
Enter Roscoe Filburn, an Ohio dairy and poultry farmer, who raised a small quantity of winter wheat — some to sell, some to feed his livestock, and some to consume. In 1940, under authority of the Agricultural Adjustment Act, the central government told Mr. Filburn that for the next year he would be limited to planting 11 acres of wheat and harvesting 20 bushels per acre. He harvested 12 acres over his allotment for consumption on his own property. When the government fined him, Mr. Filburn refused to pay.
Wickard v. Filburn got to the Supreme Court, and in 1942, the justices unanimously ruled against the farmer. The government claimed that if Mr. Filburn grew wheat for his own use, he would not be buying it — and that affected interstate commerce. It also argued that if the price of wheat rose, which is what the government wanted, Mr. Filburn might be tempted to sell his surplus wheat in the interstate market, thwarting the government’s objective. The Supreme Court bought it.
The Court’s opinion must be quoted to be believed:
[The wheat] supplies a need of the man who grew it which would otherwise be reflected by purchases in the open market. Home-grown wheat in this sense competes with wheat in commerce.
“Anyone accused of a crime in this country is entitled to a jury trial.”
The Constitution may say so but, in fact, this is simply not the case — and becoming less so as politicians fiddle with legal definitions and sentencing standards in order specifically to reduce the number of persons entitled to a trial….
….As Thomas Jefferson put it to Tom Paine in a 1789 letter, “I consider trial by jury as the only anchor ever yet imagined by man, by which a government can be held to the principles of its constitution.” ….
prorev.com...
The Seventh Amendment, passed by the First Congress without debate, cured the omission by declaring that the right to a jury trial shall be preserved in common-law cases… The Supreme Court has, however, arrived at a more limited interpretation. It applies the amendment’s guarantee to the kinds of cases that “existed under the English common law when the amendment was adopted,” …
The right to trial by jury is not constitutionally guaranteed in certain classes of civil cases that are concededly “suits at common law,” particularly when “public” or governmental rights are at issue and if one cannot find eighteenth-century precedent for jury participation in those cases. Atlas Roofing Co. v. Occupational Safety & Health Review Commission (1977). Thus, Congress can lodge personal and property claims against the United States in non-Article III courts with no jury component. In addition, where practice as it existed in 1791 “provides no clear answer,” the rule is that “
This post was part of a special Halloween Homage to Orson Wells.nly those incidents which are regarded as fundamental, as inherent in and of the essence of the system of trial by jury, are placed beyond the reach of the legislature.” Markman v. Westview Instruments (1996). In those situations, too, the Seventh Amendment does not restrain congressional choice.
Jumping out from behind the server and shouting BOO!
In contrast to the near-universal support for the civil jury trial in the eighteenth and early nineteenth centuries, modern jurists consider civil jury trial neither “implicit in the concept of ordered liberty,” Palko v. State of Connecticut (1937), nor "fundamental to the American scheme of justice," Duncan v. Louisiana (1968).
www.heritage.org...#!/amendments/7/essays/159/right-to-jury-in-civil-cases
CaticusMaximus
As long as there is McDonalds to eat, and sports and drama on TV, the people are contained.
Same old story, same old tactics. Bread and circus to keep the slaves pacified, and the slaves at most grumble and moan.
And someone to hate, is a new one (but could be considered a facet of drama)... always keep the slaves attention focused off the masters, at someone else to direct any possible ire.
So to the question "How did it get to this point": its really the logical result of human nature. Generally speaking, humans are as tameable or even more so in some cases, than any other animal. Tame them, and keep them fed and entertained, and you have little to worry about. And just like any tamed animal, you only have to really worry about a critical mass of them turning against you if their stomachs are empty.
Revolt on principle is very rare.
edit on 10/21/2013 by CaticusMaximus because: (no reason given)
CaticusMaximus
As long as there is McDonalds to eat, and sports and drama on TV, the people are contained.
Same old story, same old tactics. Bread and circus to keep the slaves pacified, and the slaves at most grumble and moan.
And someone to hate, is a new one (but could be considered a facet of drama)... always keep the slaves attention focused off the masters, at someone else to direct any possible ire.
So to the question "How did it get to this point": its really the logical result of human nature. Generally speaking, humans are as tameable or even more so in some cases, than any other animal. Tame them, and keep them fed and entertained, and you have little to worry about. And just like any tamed animal, you only have to really worry about a critical mass of them turning against you if their stomachs are empty.
Revolt on principle is very rare.
...During the 1920's and most of the 1930's Münzenberg played a leading role in the Comintern, Lenin's front for world-wide co-ordination of the left under Russian control. Under Münzenberg's direction, hundreds of groups, committees and publications cynically used and manipulated the devout radicals of the West....Most of this army of workers in what Münzenberg called 'Innocents' Clubs' had no idea they were working for Stalin. They were led to believe that they were advancing the cause of a sort of socialist humanism. The descendents of the 'Innocents' Clubs' are still hard at work in our universities and colleges. Every year a new cohort of impressionable students join groups like the Anti-Nazi League believing them to be benign opponents of oppression...”
...may have been the genesis of Strong's realization that NGOs (non-government organizations) provide an excellent way to use NGOs to couple the money from philanthropists and business with the objectives of government. link
...given his ability to get things done, the consistency of his support for a world managed by bureaucrats is alarming. As Elaine Dewar wrote in Toronto's Saturday Night magazine: as an advisor to the Rockefeller Foundation and the World Wildlife Fund. Above all, he served on the Commission on Global Governance -- which, as we shall see, plays a crucial part in the international power grab. The Commission on Global Governance (CGG), was established in 1992, after Rio, at the suggestion of Willy Brandt, former West German chancellor and head of the Socialist International. In 1991, the Club of Rome (of which Strong is, of course, a member) issued a report called The First Global Revolution, which asserted that current problems "are essentially global and cannot be solved through individual country initiatives.
"Very few of even the larger international NGOs are operationally democratic, in the sense that members elect officers or direct policy on particular issues," notes Peter Spiro. "Arguably it is more often money than membership that determines influence, and money more often represents the support of centralized elites, such as major foundations, than of the grass roots." The CGG has benefited substantially from the largesse of the MacArthur, Carnegie, and Ford Foundations... www.afn.org...
... Over the last quarter-century, historians have by and large ceased writing about the role of ruling elites in the country's evolution. Or if they have taken up the subject, they have done so to argue against its salience for grasping the essentials of American political history. Yet there is something peculiar about this recent intellectual aversion, even if we accept as true the beliefs that democracy, social mobility, and economic dynamism have long inhibited the congealing of a ruling stratum. This aversion has coincided, after all, with one of the largest and fastest-growing disparities in the division of income and wealth in American history....Neglecting the powerful had not been characteristic of historical work before World War II. ”
...That is a habit that started at our founding has been going on non stop since. Of course for most our history it would have been un Amrican to complain about such a thing. At least now we care.
Just let me keep my big house, my new car, my internet, TV and my I phone.