Glenn Greenwald News on Edward Snowden - Mox News - Founders Discuss This Very Same Freedom of Speech Issue 200 Years AgoSubmitted by Richard Taylor APP on Sun, 07/21/2013 - 09:21
Glenn Greenwald on Edward Snowden - Mox News
This issue on the freedom of speech was resolved 200 years ago in several Founders Documents shown below this video.
Most particularly the Virginia and Kentucky Resolutions by James Madison and Thomas Jefferson in 1798.
Clearly, the federal government is acting outside it's authority:
Absolute Rights of the Colonists 1772:
1st. Natural Rights of the Colonists as Men.---
Among the Natural Rights of the Colonists are these First. a Right to Life; Secondly to Liberty; thirdly to Property; together with the Right to support and defend them in the "best manner they can"--Those are evident Branches of, rather than deductions from the "Duty of Self Preservation", commonly called "the First Law of Nature"--
All Men have a Right to remain in a State of Nature as long as they please: And in case of intolerable Oppression, Civil or Religious, to leave the Society they belong to, and >>>ENTER INTO ANOTHER -
When Men enter into Society, it is by voluntary consent; and they have a right to demand and insist upon the performance of such conditions, And previous limitations as form an equitable "original compact".--
Every natural Right not expressly given up or from the nature of a Social Compact necessarily ceded remains.-- ..."
Virginia Ratifying Convention 6-16-1788:
Common Law a Reserved Right:
"...But the "COMMON LAW" is"NOT EXCLUDED". There is"NOTHING" in "that paper" (APP Note: referring to the US Constitution being considered) to warrant the assertion...."
This same issue was discussed in two documents from our Founders James Madison and Thomas Jefferson in the
Virginia and Kentucky Resolutions 1798:
In Full: http://www.americanpatriotparty.cc/candidates
James Madison - Virginia Resolution:
"....That the General Assembly doth particularly protest against the palpable and alarming infractions of the Constitution, in the two late cases of the "Alien and Sedition Acts" passed at the last session of Congress; the first of which exercises a power "NO WHERE DELEGATED" to the federal government, and which by uniting legislative and judicial powers to those of executive, SUBVERTS THE GENERAL PRINCIPLES of free government; as well as the particular organization, and positive provisions of the federal constitution; and the other of which acts, exercises in like manner, a power NOT delegated by the constitution, but on the contrary, expressly and positively forbidden by one of the amendments thereto; a power, which more than any other, ought to produce universal alarm, because it is leveled against that right of freely Examining "PUBLIC CHARACTERS" and "MEASURES", and of "FREE COMMUNICATION AMONG THE PEOPLE THEREON", which has ever been justly deemed, the "ONLY EFFECTUAL GUARDIAN of EVERY OTHER RIGHT".
That this state having by its Convention, which ratified the federal Constitution, expressly declared, that among other essential rights, "the Liberty of Conscience and of the Press CANNOT be cancelled, abridged, restrained, or modified by "ANY" authority of the "United States"," and from its extreme anxiety to guard these rights from EVERY possible attack of "sophistry or ambition", having with other states, recommended an amendment for that purpose, which amendment was, in due time, annexed to the Constitution; it would mark a reproachable inconsistency, and criminal degeneracy, if an indifference were now shewn, to the most palpable violation of one of the Rights, thus declared and secured; and to the establishment of a precedent which may be fatal to the other. ..."
Thomas Jefferson - Kentucky Resolution:
2. " Resolved, That the Constitution of the United States, having delegated to Congress a power to punish:
b.) counterfeiting the securities and current coin of the United States,
c.) piracies, and felonies committed on the high seas, and
d.) offenses against the law of nations,
and >>>> NO OTHER CRIMES >>>"WHATSOEVER";
and it being true as a general principle, and one of the amendments to the Constitution having also declared, that "the powers not delegated to the United States by the Constitution, not prohibited by it to the States, are reserved to the States respectively, or to the people,"
therefore the act of Congress, passed on the 14th day of July, 1798, and intituled "An Act in addition to the act intituled An Act for the punishment of certain crimes against the United States," as also the act passed by them on the — day of June, 1798, intituled "An Act to punish frauds committed on the bank of the United States," (>>>> and ALL their OTHER ACTS which assume to CREATE, DEFINE, or PUNISH crimes, OTHER than THOSE so "ENUMERATED" in the Constitution,) >>> are "ALTOGETHER" "VOID", and of "NO FORCE";
and that the power to create, define, and punish such other crimes is reserved, and, of right, appertains SOLELY and EXCLUSIVELY to the respective "STATES", each within its own territory.
3. Resolved, That it is true as a general principle, and is also expressly declared by one of the amendments to the Constitutions, that "the powers not delegated to the United States by the Constitution, our prohibited by it to the States, are reserved to the States respectively, or to the people"; and that NO power over the freedom of religion, freedom of speech, or freedom of the press being delegated to the United States by the Constitution, nor prohibited by it to the States, all lawful powers respecting the same did of right remain, and were reserved to the States or the people: that thus was manifested their determination to retain to themselves the right of judging how far the licentiousness of speech and of the press may be abridged without lessening their useful freedom, and how far those abuses which cannot be separated from their use should be tolerated, rather than the use be destroyed. And thus also they guarded against ALL abridgment by the United States of the freedom of religious opinions and exercises, and retained to themselves the right of protecting the same, as this State, by a law passed on the general demand of its citizens, had already protected them from "ALL" HUMAN RESTRAINT OR INTERFERENCE. And that in addition to this general principle and "EXPRESS DECLARATION", another and more special provision has been made by one of the amendments to the Constitution, which expressly declares, that "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof, or abridging the freedom of speech or of the press": thereby guarding in the same sentence, and under the same words, the freedom of religion, of speech, and of the press: insomuch, that whatever violated either, throws down the sanctuary which covers the others, arid that libels, falsehood, and defamation, equally with heresy and false religion, are >>>>WITHHELD from the cognizance of federal tribunals. That, therefore, the act of Congress of the United States, passed on the 14th day of July, 1798, intituled "An Act in addition to the act intituled An Act for the punishment of certain crimes against the United States," which does abridge the freedom of the press, is "NOT LAW", but is "ALTOGETHER" "VOID", and of "NO FORCE"."
Clearly, Snowden was revealing wrongdoing by our government; This is not treason, but clear "examination of public characters" who are involving themselves in unconstitutional activities against the rights of the citizens.
These papers should be available to all and spread out upon the courts of the states and counties to be thoroughly examined;
If the Constitution, laws or rights has been breached by our government, we need to move to punish those involved as an example to others in and out of government who might otherwise misuse their powers.
Tell the state department to eat crow.
What we have here is two Socialist governments deciding what to do with a true patriot of freedom.
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Glenn Greenwald on Edward Snowden - Mox News - Founders Discuss This Very Same Freedom of Speech Issue 200 Years Ago - United States - Russia Relations - State Department - White House - Response - Freedom of Speech - First Amendment.