The founders intended the Constitution to apply to Americans, aliens, citizens, non-citizens, lawful combatants, enemy combatants, innocents, the guilty, those who wish us well, and those who wish us ill.
The Constitution applies to persons, not just citizens.
If you read the Constitution, its protections are not limited to Americans.
And that was written intentionally, because at the time it was written, they didn’t know what Native Americans would be.
When the post civil war amendments were added, they didn’t know how blacks would be considered, because they had a decision of the Supreme Court called Dred Scott, that said blacks are not persons.
So in order to make sure the Constitution protected every human being:
American, alien;
citizen, non-citizen;
lawful combatant, enemy combatant;
innocent, guilty;
those who wish us well, those who wish us ill…
…they use the broadest possible language,
to make it clear:
Wherever the government goes,
the Constitution goes,
and wherever the Constitution goes,
the protections that it guarantees restrain the government
and requires it to protect those rights.
— Judge Andrew Napolitano
Any time someone tells you that even an unfair law needs to be obeyed, ask him if he thinks Schindler was doing the wrong thing
You assist an unjust administration most effectively by obeying its orders and decrees. An evil administration never deserves such allegiance. Allegiance to it means partaking of the evil.
A good person will resist an evil system with his whole soul.
If you analyze it I believe the very heart and soul of conservatism is libertarianism.
I think conservatism is really a misnomer just as liberalism is a misnomer for the liberals — if we were back in the days of the Revolution, so-called conservatives today would be the Liberals and the liberals would be the Tories.
The basis of conservatism is a desire for less government interference or less centralized authority or more individual freedom and this is a pretty general description also of what libertarianism is. – Ronald Reagan, “Inside Ronald Reagan”, Reason magazine, July 1975
Whereas civil rulers, not having their duty to the people duly before them, may attempt to tyrannize, and as the military forces which must be occasionally raised to defend our country, might pervert their power to the injury of their fellow citizens, the people are confirmed by the article in their right to keep and bear their private arms.
— Tench Coxe, “Remarks on the First Part of the Amendments to the Federal Constitution,” under the pseudonym “A Pennsylvanian” in the Philadelphia Federal Gazette, June 18, 1789.
Of all the enemies to public liberty war is, perhaps, the most to be dreaded, because it comprises and develops the germ of every other. War is the parent of armies; from these proceed debts and taxes; and armies, and debts, and taxes are the known instruments for bringing the many under the domination of the few.
In war, too, the discretionary power of the Executive is extended; its influence in dealing out offices, honors, and emoluments is multiplied; and all the means of seducing the minds, are added to those of subduing the force, of the people.
The same malignant aspect in republicanism may be traced in the inequality of fortunes, and the opportunities of fraud, growing out of a state of war, and in the degeneracy of manners and of morals engendered by both.
No nation could preserve its freedom in the midst of continual warfare.
Roaming the world as a foreign correspondent for more than a decade, I was able to observe how a variety of vastly different nations organized themselves economically.
The inescapable conclusion was that no politician anywhere on the planet has ever actually created a rupee’s worth of prosperity.
— Louis Rukeyser, “Louis Rukeyser’s Wall Street” newsletter, Nov 96
People sometimes inquire what form of government is most suitable for an artist to live under. To this question there is only one answer. The form of government that is most suitable to the artist is no government at all.
Many politicians of our time are in the habit of laying it down as a self-evident proposition, that no people ought to be free till they are fit to use their freedom.
The maxim is worthy of the fool in the old story, who resolved not to go into the water till he had learnt to swim. If men are to wait for liberty till they become wise and good in slavery, they may indeed wait for ever.
That principle is, that the sole end for which mankind are warranted, individually or collectively in interfering with the liberty of action of any of their number, is self-protection. That the only purpose for which power can be rightfully exercised over any member of a civilized community, against his will, is to prevent harm to others. His own good, either physical or moral, is not a sufficient warrant.
He cannot rightfully be compelled to do or forbear because it will be better for him to do so, because it will make him happier, because, in the opinions of others, to do so would be wise, or even right. These are good reasons for remonstrating with him, or reasoning with him, or persuading him, or entreating him, but not for compelling him, or visiting him with any evil, in case he do otherwise.
Common Sense, the book advocating secession from the British empire and credited with starting the Revolution, was the top-selling book of the 18th century, globally.
Government, even in its best state, is but a necessary evil; in its worst state, an intolerable one.
Government, like dress, is the badge of lost innocence; the palaces of kings are built upon the ruins of the bowers of paradise. — Thomas Paine, Common Sense
Hence the less government we have the better–the fewer laws and the less confided power.
The antidote to this abuse of formal government is the influence of private character, the growth of the Individual; the appearance of the principal to supersede the proxy; the appearance of the wise man; of whom the existing government is, it must be owned, but a shabby imitation.
It was pleasant to me to get a letter from you the other day. Perhaps I should have found it pleasanter if I had been able to decipher it. I don’t think that I mastered anything beyond the date (which I knew) and the signature (which I guessed at).
There’s a singular and a perpetual charm in a letter of yours; it never grows old, it never loses its novelty…Other letters are read and thrown away and forgotten, but yours are kept forever
– unread. One of them will last a reasonable man a lifetime.
The political principle that underlies the market mechanism is unanimity. In an ideal free market resting on private property, no individual can coerce any other, all cooperation is voluntary, all parties to such cooperation benefit or they need not participate.
Sometimes it is said that man can not be trusted with the government of himself. Can he, then, be trusted with the government of others? Or have we found angels in the forms of kings to govern him?
Suppose two-thirds of the members of the national House of Representatives were dumped into the Washington garbage incinerator tomorrow, what would we lose to offset our gain of their salaries and the salaries of their parasites? – H. L. Mencken, Prejudices, the Second Series1924