Are there legal grounds for a new Republican (Liberty) Party?Submitted by legalizecapitalism on Fri, 08/31/2012 - 12:42
I am not a legal scholar, but based on what the Republican Party is supposed to represent according to the constitution (see below), it would seem that the RNC rule changes have very profound legal implications. I'm I missing something here? Would their actions make the existing party null under the constitution? Does it provide legal grounds for the creation of a new Republican Party?
The distinction between our Republic and a democracy is not an idle one. It has great legal significance.
The Constitution guarantees to every state a Republican form of government (Art. 4, Sec. 4). No state may join the United States unless it is a Republic. Our Republic is one dedicated to "liberty and justice for all." Minority individual rights are the priority. The people have natural rights instead of civil rights. The people are protected by the Bill of Rights from the majority. One vote in a jury can stop all of the majority from depriving any one of the people of his rights; this would not be so if the United States were a democracy. (see People's rights vs Citizens' rights)
In a pure democracy 51 beats 49[%]. In a democracy there is no such thing as a significant minority: there are no minority rights except civil rights (privileges) granted by a condescending majority. Only five of the U.S. Constitution's first ten amendments apply to Citizens of the United States. Simply stated, a democracy is a dictatorship of the majority. Socrates was executed by a democracy: though he harmed no one, the majority found him intolerable.