So long as Property is insecure - Freedom can never be present.
John Locke, Second Treatise on Civil Government:
139. But government, into whosesoever hands it is put, being as I have before shown, entrusted with this condition, and for this end, that men might have and secure their properties, the prince or senate, however it may have power to make laws for the regulating of property between the subjects one amongst another, yet can never have a power to take to themselves the whole, or any part of the subjects' property, without their "own consent";
for this would be in effect to leave them no property at all.
And to let us see that even absolute power, where it is necessary, is not arbitrary by being absolute, but is still limited by that reason and confined to those ends which required it in some cases to be absolute, we need look no farther than the common practice of martial discipline. For the preservation of the army, and in it of the whole commonwealth, requires an absolute obedience to the command of every superior officer, and it is justly death to disobey or dispute the most dangerous or unreasonable of them; but yet we see that neither the sergeant that could command a soldier to march up to the mouth of a cannon, or stand in a breach where he is almost sure to perish, can command that soldier to give him one penny of his money;
nor the general that can condemn him to death for deserting his post, or not obeying the most desperate orders, cannot yet with all his absolute power of life and death dispose of one farthing of that soldier's estate, or seize one jot of his goods; whom yet he can command anything, and hang for the least disobedience.
Because such a blind obedience is necessary to that end for which the commander has his power -- viz., the preservation of the rest,
but the disposing of his goods has "NOTHING TO DO WITH IT" to do with it.
140. It is true governments cannot be supported without great charge, and it is fit every one who enjoys his share of the protection should pay out of his estate his proportion for the maintenance of it. But still it must be with his "own consent" -- i.e., the consent of the majority, giving it either by THEMSELVES OR their representatives chosen by them;
for if any one shall claim a power to lay and levy taxes on the people by his own authority, and without such "consent of the people", he thereby "invades the fundamental law of property", and "subverts the end of government".
For what property have I in that which another may "BY RIGHT" take when he pleases to himself?
141. Fourthly. The legislative cannot transfer the power of making laws to any other hands, for it being but a delegated power from the people, they who have it cannot pass it over to others.
(APP Note: The United Nations Has No Powers because the United States having limited delegated powers cannot arrogate new powers nor transfer powers, not existing or contrary to the peoples rights, of the United States, to others)
The people alone can appoint the form of the commonwealth, which is by constituting the legislative, and appointing in whose hands that shall be. And when the people have said, "We will submit, and be governed by laws made by such men, and in "SUCH FORMS"," nobody else can say other men shall make laws for them; nor can they be bound by any laws but such as are enacted by those whom they have chosen and authorised to make laws for them.
142. These are the "bounds" which the "trust" that is put in them by the society and the law of God and Nature have set to the legislative power of every commonwealth, in all forms of government.
First: They are to govern by promulgated established laws, not to be varied in particular cases, but to have one rule for rich and poor, for the favourite at Court, and the countryman at plough.
(APP Note: See these exact words in the Rights of the Colonists)
Secondly: These laws also ought to be designed for no other end ultimately but the good of the people.
Thirdly: They must not raise taxes on the property of the people without the consent of the people given by themselves or their deputies.
And this properly concerns only such governments where the legislative is always in being, or at least where the people have not reserved any part of the legislative to deputies, to be from time to time chosen by themselves.
Fourthly: Legislative neither must nor can transfer the power of making laws to anybody else, or place it anywhere but where the people have...."
American Patriot Party.CC
RichardTaylorAPP - Chair - American Patriot Party.CC
John Locke #201, 202, 212 to 232; Virginia and Kentucky Resolutions 1798; Virginia Ratifying Convention 6-16-1788; Rights of the Colonists 1772.
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