jasonc741 on Nostr: The 245 y/o document doesn’t bind you nor does it protect you, it only outlines the ...
The 245 y/o document doesn’t bind you nor does it protect you, it only outlines the political mechanism to administrate the territory.
The bill of rights was added to address concerns that precedent for common law would be lost under the new government. Which is sadly true. The civil courts are not powerful enough to protect private property and natural rights.
The legislative process gives governments carte blanche to enact any new law on the citizens. Then courts are restricted to only hearing cases where single individuals are harmed. That Asymmetry that undermines the co-equal branch theory. (imho)
The people engaging in the political process failed to keep government limited chose instead to use the power against their fellow citizens. By the time the cases get to court, you have a single individual against the most powerful government in human history.
As far as legality, that’s the problem with government. It has to power to disconnect legality form virtue.
The bill of rights was added to address concerns that precedent for common law would be lost under the new government. Which is sadly true. The civil courts are not powerful enough to protect private property and natural rights.
The legislative process gives governments carte blanche to enact any new law on the citizens. Then courts are restricted to only hearing cases where single individuals are harmed. That Asymmetry that undermines the co-equal branch theory. (imho)
The people engaging in the political process failed to keep government limited chose instead to use the power against their fellow citizens. By the time the cases get to court, you have a single individual against the most powerful government in human history.
As far as legality, that’s the problem with government. It has to power to disconnect legality form virtue.