15 November 2006

democracy v constitutional republic

this morning via www.thedeadpelican.com we learned of republican spam mistress emily metzgar's most recent column "Emily Metzgar: Midterm elections uncover some political realities" see link. we left a comment on ms metzgar's column taking issue with her reference to america being a democracy when in actuality america is a constitutional republic.

a few minutes later we received an email from someone associated with the charenton, louisiana, sovereign nation of the chitimacha. their website is here and its really nice check it out.

we can understand how some if not all native americans could and would be cheering on the bush regime and its relentless destruction of american freedom and liberty. what sweet revenge it must be to native americans to finally see the white man getting his comeuppance. just for the record we abhor and repudidate what was done to them by past generations and we feel that america would be a lot better off as a nation and a people if the native americans still controlled vast swaths of the continent.

however, one thing the native americans should be worried about is whats to stop the government from iraq style declaring their soverign nations to be sponsors of terrorism and invading and annexing their lands back under federal control?

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heres a copy of our email correspondence:

“why do media types keep insisting america is a democracy? america is not a democracy, america is a constitutional republic.”

Read the comment to Emily Metzgar’s column today by “dumrocracy”; 9Traced it back to your website) Let’s now “correct” your coment: Sentences start with a capital letter; America should also be capitlazed, even rhetorical questions should end with a question mark,and more importantly, by definition, the USA is a democracy with a Constitutional Republic as a form of government.

When will you nitpickers ever get this correct?


Billy

democracy


de·moc·ra·cy [ di mókrəssee ] (plural de·moc·ra·cies)

noun

Definition:

1. free and equal representation of people: the free and equal right of every person to participate in a system of government, often practiced by electing representatives of the people by the majority of the people

2. democratic nation: a country with a government that has been elected freely and equally by all its citizens

3. democratic system of government: a system of government based on the principle of majority decision-making

4. control of organization by members: the control of an organization by its members, who have a free and equal right to participate in decision-making processes

[Late 16th century. Directly or via French <>
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here was our reply:
um ok thanks for taking the time to send that, however you are still incorrect as a democracy and a constitutional republic are two seperate and distinct forms of government. also its perfectly acceptable to use all lower case letters in online correspondence and also if you want to nitpick then you should learn to run a spell checker yourself as you mispelt capitalized
REPUBLIC vs. DEMOCRACY

I pledge allegiance to the flag of the United States of America, and to the Republic for which it stands, one Nation under God, indivisible, with liberty and justice for all." In the Pledge of Allegiance we all pledge allegiance to our Republic, not to a democracy. "Republic" is the proper description of our government, not "democracy." I invite you to join me in raising public awareness regarding that distinction. 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.


SOME DICTIONARY DEFINITIONS
Government. ....the government is but an agency of the state, distinguished as it must be in accurate thought from its scheme and machinery of government. ....In a colloquial sense, the United States or its representatives, considered as the prosecutor in a criminal action; as in the phrase, "the government objects to the witness." [Black's Law Dictionary, Fifth Edition, p. 625]

Government; Republican government. One in which the powers of sovereignty are vested in the people and are exercised by the people, either directly, or through representatives chosen by the people, to whom those powers are specially delegated. In re Duncan, 139 U.S. 449, 11 S.Ct. 573, 35 L.Ed. 219; Minor v. Happersett, 88 U.S. (21 Wall.) 162, 22 L.Ed. 627. [Black's Law Dictionary, Fifth Edition, p. 626]

Democracy. That form of government in which the sovereign power resides in and is exercised by the whole body of free citizens directly or indirectly through a system of representation, as distinguished from a monarchy, aristocracy, or oligarchy. Black's Law Dictionary, Fifth Edition, pp. 388-389.

Note: Black's Law Dictionary, Fifth Edition, can be found in any law library and most law offices.

COMMENTS
Notice that in a Democracy, the sovereignty is in the whole body of the free citizens. The sovereignty is not divided to smaller units such as individual citizens. To solve a problem, only the whole body politic is authorized to act. Also, being citizens, individuals have duties and obligations to the government. The government's only obligations to the citizens are those legislatively pre-defined for it by the whole body politic.

In a Republic, the sovereignty resides in the people themselves, whether one or many. In a Republic, one may act on his own or through his representatives as he chooses to solve a problem. Further, the people have no obligation to the government; instead, the government being hired by the people, is obliged to its owner, the people.

The people own the government agencies. The government agencies own the citizens. In the United States we have a three-tiered cast system consisting of people ---> government agencies ---> and citizens.

The people did "ordain and establish this Constitution," not for themselves, but "for the United States of America." In delegating powers to the government agencies the people gave up none of their own. (See Preamble of U.S. Constitution). This adoption of this concept is why the U.S. has been called the "Great Experiment in self government." The People govern themselves, while their agents (government agencies) perform tasks listed in the Preamble for the benefit of the People. The experiment is to answer the question, "Can self-governing people coexist and prevail over government agencies that have no authority over the People?"

The citizens of the United States are totally subject to the laws of the United States (See 14th Amendment of U.S. Constitution). NOTE: U.S. citizenship did not exist until July 28, 1868.

Actually, the United States is a mixture of the two systems of government (Republican under Common Law, and democratic under statutory law). The People enjoy their God-given natural rights in the Republic. In a democracy, the Citizens enjoy only government granted privileges (also known as civil rights).

There was a great political division between two major philosophers, Hobbes and Locke. Hobbes was on the side of government. He believed that sovereignty was vested in the state. Locke was on the side of the People. He believed that the fountain of sovereignty was the People of the state. Statists prefer Hobbes. Populists choose Locke. In California, the Government Code sides with Locke. Sections 11120 and 54950 both say, "The people of this State do not yield their sovereignty to the agencies which serve them." The preambles of the U.S. and California Constitutions also affirm the choice of Locke by the People.

It is my hope that the U.S. will always remain a Republic, because I value individual freedom.

Thomas Jefferson said that liberty and ignorance cannot coexist.* Will you help to preserve minority rights by fulfilling the promise in the Pledge of Allegiance to support the Republic? Will you help by raising public awareness of the difference between the Republic and a democracy?

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* "If a nation expects to be ignorant and free, in a state of civilization, it expects what never was and never will be." ~ Thomas Jefferson, 1816.
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Posted by wst... at 12:45

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