"While democracy must have its organizations and controls,
its vital breath is individual liberty."
Justice Charles Evans Hughes
(1862-1948) Chief Justice of the U.S. Supreme Court
Statement of May 1908, quoted in "Reauthorization of The Civil Rights Division of The United States Department of Justice" (15 May 2003) US House of Representatives.
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Reader comments about this quote:
Democracies by their very make up, nature, definition and essence can not recognize an individual and, are antagonistic to liberty. A democracy separates into segments an ever changing group. Democracies pit one group against another with no perception of the individual, might making right. Liberty is: "... The power of acting as one thinks fit, without any restraint or control, except from the laws of nature." (Bouvier's law dictionary) Again, democracies do not recognize the laws of nature or individuals. Liberty's applied freedom is that each individual is sovereign and united with all other sovereign freemen is/are "to assume among the powers of the earth, the separate and equal station to which the Laws of Nature and of Nature's God entitle them," (Declaration of Independence) Freedom is then, ... "the right to do what is not forbidden by law (as constitutionally defined, natural law, as is averse to the codes, ordinances, regulations, rules, statutes, etc. of men's democracies that conflicts with natural law). "Freedom does not preclude the idea of subjection to law; indeed, it presupposes the existence of some legislative provision, the observance of which insures freedom to us, by securing the like observance from others." 2 Har. Cond. L. R. 208 (Bouvier's law dictionary) Democracies do not recognize law, only the tyrannical rule of the largest most powerful mob. Liberty and freedom as defined by law and justice and administered by the limiting Constitution, are violated by democracy's natural.y unlawful, unjust and unconstitutional compelled compliance, license, victimless crimes, and larceny with impunity. When the U.S. Supreme Court legislates democracy from the bench, they violate their oaths of office while enacting criminal norms into a once land of liberty.
 -- Mike, Norwalk     
  • 2
    Well said Mike, put very simply and easily understood.
     -- Anon     
    Democracy simply does not work in concert with autonomous liberty. It is in fact merely another form of social organizing. Add to that, two centuries of "interpreted law" loosely based on a Constitution that was meant to gaurantee our liberties and you have a "democracy wherein we lose our individual rights at the drop of a hat. And voting becomes political mastur.....
     -- J Carlton, Calgary     
    Only with liberty can men agree and disagree. This ability to disagree and agree is what DEMOCRACY is all about. When people mull over public issues and make a public decision via their free will it is a sight to behold. Sadly folk like Mike never will get it. Mike and J's republic is simply a dictatorship in disguise. Liberty and democracy now and forever, for it is just like love and marriage.
     -- Waffler, Smith     
  • 2
    A dictatorship in disguise? Qualify that Waffler. Or shall I just assume that to be yet another Liberal assertation with no basis of any kind? Typical emotional crap from the far left.And your democracy as we now know it is corrupt beyond repair.
     -- J Carlton, Calgary     
    Waffler, I get the analogy of liberty to love, but what is the analogy of democracy to marriage. Does one of the partners in the marriage have to have multiple personalities making that particular sicky the dominant group (Schizophrenia is then the basis for good government?)? Which significant other dominates and abuses the weaker and, how is that lawful? You're right, I'll never get it because, in the limited representative republic, defined by the original Constitution, not just the more powerful majority's wants were held sacrosanct, but each and every individual was regarded in their noble station as sovereign with inalienable rights, law, and justice being the basis of all administrations, public issues and public decisions (that was truly a sight to behold, alas, it exists no more) - a democracy doesn't have the capability of doing that.
     -- Mike, Norwalk     
    The gist of the quote is that democracy MUST have its controls (despite the might of its organizations) and that INDIVIDUAL liberty is its basis -- and to violate individual liberty in the name of democracy is a perversion of representative government. Individual liberty takes precedence to the will of a mob, thus the government must be established upon LAW, the purpose of which is to protect individual liberty as paramount. We have the choice to vote, but we cannot vote ourselves the property of our neigbors for the common good -- that is but thievery backed by a mob. This quote should serve as a reminder to those advocates of democracy that there are strict limits to what may be put to vote, namely individual liberty -- collective demands may not supersede individual rights.
     -- E Archer, NYC     
  • 1
     -- Logan, Memphis, TN      
    Spoken by a man, Who openly supported Britain's " New Liberalism. " Emerging from the wigs, ( Socialism ) in the form of the labour Party, to become the Progressives , then merging with the Social Democratic party, to become the Liberal Democrats. a main member of the Liberal Democratic and Reform party. And the " Liberal international " . National Democratic Institute. Ties to the Democratic Party of the United States. Sponsored b the National Endowment for Democracy. Justice Charles Evans Hughes from 1921-1925 Judge on the " Court of International Justice " The " Gulf " between values of our form of Republicanism and their democracy is night and day. You can smell the stench from across the pond, as it has permeated every fiber in our society.
     -- Ronw13, Yachats Or     
    Waffler, one difference between a "democracy" and a 'representative republic" is what is agreed to or disagreed with / voted on. A "democracy" is absolutely antithetical to rule by/of law (specifically = "the laws of nature and of nature's God" {Declaration of independence}); AND IS, tyranny by the greatest / most numerous force.

    A "democracy" focus is on a whole that is inconsequentially made-up of insignificant segments with each part being different (different needs, wants, ability, etc.). A "democracy" tyrannically creates theocratic dogmas while enforcing such through an enslaving legal positivism.

    A "representative republic" recognizes natural law that already exists and represents the inalienable rights, liberty and individual sovereignty of each and every of the noble family man (all such rights, liberty, etc is exactly the same in all people). A "representative republic" agrees / disagrees / votes on how to manage existing rights, liberty, sovereignty and law.

    “Law” has a broad nomenclature that divides into multiple political philosophies (including applications), many temporal images, diverse understandings, scores of mental aberrations, and an exponentially expanding difference of systems / exercises  / administrations. “Law, in its most general and comprehensive sense, law signifies a rule of action; and this term is applied indiscriminately to all kinds of action; whether animate or inanimate, rational or irrational.” (Bouvier’s Law Dictionary) Law's attributed source, helps define subsequent philosophical applications as well as the applied system of law and justice. – By example:

    1.) “the laws of nature and of nature’s God” (Declaration of Independence {a limiting static recognition of natural law, subject nomenclature animating an umbrella of that which is eternal and absolute in nature} natural law – the intended jurisprudence of the de jure States united). Infinite and unwavering rules of nature are categorically understood through assessable proficiencies such as gravity, physics, math, ultimate science, life, liberty and property (an Iroquois Federation measure, the constitutional law of the land). The source is nature, beyond man’s capacity or potential to create - natural order / law (that which veraciously defines inalienable right and liberty).

    2.) Legal Positivism; Legal Positivism is arbitrary, “An arbitrary law is one made by the legislator simply because he wills it, and is not founded in the nature of things;” (Bouvier’s Law Dictionary) – Legal Positivism is most often “used in opposition to natural law” (Bouvier’s Law Dictionary). The source is corporeal or carnal man’s intent and resolution to control.

    3.) Legal Realism; Legal Realism is arbitrary and habitually time/situation fleeting, instituted by any source, at any time regardless of natural law or legal positivism (executive, judicial, personal, etc.). The source is corporeal or carnal man’s intent and resolution to control.

    4.) etc.

     -- Mike, Norwalk     
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