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Source: Liberty's Flame URL Source: [None] Published: Apr 27, 2015 Author: SOSO Post Date: 2015-04-27 00:34:51 by tpaine Keywords: None Views: 1918 Comments: 14 The plain simple truth is none of the framers, signatories or ratifiers of the U.S. Constitution had a clear and accurate understanding of what the Consitution meant, much less was there total agreement on what the intention was other than to deliberately make the language less than definitive, to make the language flexible and subject to interpretation. Poster Comment: This remarkable interpretation of what our constitution means was recently posted on the 10th Amendment thread by SOSO.. Comments anyone? Post Comment   Private Reply   Ignore Thread   Top • Page Up • Full Thread • Page Down • Bottom/Latest Begin Trace Mode for Comment # 11. #11. To: tpaine (#0) Learn something if you are capable. "In his letter to Breckenridge, Jefferson dismissed constitutional objections to the Louisiana Purchase by comparing his position to that of a guardian who exceeds his authority in the best interests of his ward. 1 8 He had to seize the opportunity "which so much advances the good of the country." 1 9 Similarly, in response to the firing on the Chesapeake, Jefferson again exceeded his constitutional powers on the ground that the emergency required it. In both cases, Jefferson claimed that unforeseen circumstances, produced by either necessity or opportunity,required him to exceed his legal powers to protect the greater good. Following Locke, Jefferson looked for ratification for his ultra vires decisions - "an indemnity," as he wrote to Breckenridge 120 - from the people through their representatives in Congress. 121 Jefferson explained his embrace of the prerogative more completely a year after leaving office. In a private letter, he addressed the question of "whether circumstances do not sometimes occur, which make it a duty in officers of high trust, to assume authorities beyond the law." 22 Jefferson thought the question was "easy of solution in principle," though could be "sometimes embarrassing in practice."'123 Jefferson's easy answer was that there could be a more important good than keeping solely to his legal authorities: A strict observance of the written laws is doubtless one of the high duties of a good citizen, but it is not the highest. The laws of necessity, of selfpreservation, of saving our country when in danger, are of higher obligation. To lose our country by a scrupulous adherence to written law, would be to lose the law itself, with life, liberty, property and all those who are enjoying them with us; thus absurdly sacrificing the end to the means. 124" SOSO  posted on  2015-05-04   13:37:00 ET  Reply   Untrace   Trace   Private Reply   Replies to Comment # 11. #14. To: SOSO (#11) "Learn something ----- " By posting this thread, I already have. ---Gatlins comment was a real learning experience. --- "You really need to hunt down and kill the pigheaded fanatics you cannot get to agree with you. - gatlin" I prefer to draw attention to their pigheaded fanaticism, thank you. -- And my ploy worked, with both gatlin, and in your instance. Thanks again. tpaine  posted on  2015-05-05 10:56:07 ET  Reply   Untrace   Trace   Private Reply   End Trace Mode for Comment # 11. Top • Page Up • Full Thread • Page Down • Bottom/Latest

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