Re: Government schools should be constitutionally banned

[EMAIL PROTECTED] (M. Clark) wrote:
>Bob LeChevalier <[EMAIL PROTECTED]> wrote:
>> [EMAIL PROTECTED] (M. Clark) wrote:
>> >Here's one piece of Jefferson's good advice as to how the Constitution
>> >should be interpreted:
>> >
>> >"Laws are made for men of ordinary understanding and should, therefore,
>> >be construed by the ordinary rules of common sense. Their meaning is not
>> >to be sought for in metaphysical subtleties which may make anything mean
>> >everything or nothing at pleasure." --Thomas Jefferson to William
>> >Johnson, 1823. ME 15:450
>> >
>> >Jefferson also warned us to watch out for those judges:
>> >
>> >"One single object... [will merit] the endless gratitude of society:
>> >that of restraining the judges from usurping legislation." --Thomas
>> >Jefferson to Edward Livingston, 1825. ME 16:113
>> 
>> Missing from these quotes is context.  Jefferson never accepted the
>> allocation of power to the USSC that was indicated by Marbury vs.
>> Madison, and thus always felt that the courts had stepped out of line,
>> even while the public at large found the allocation quite acceptable.
>
>Lots of the public at that time was dependent on political newspaper
>cartoons for the news because they couldn't read in the first place.  So
>what are you talking about?

Why is that relevant?

>> The Livingston letter also makes the following statement about the
>> Constitution:
>> >They do not seem to be aware that it is not even a *constitution*
>> > [emphasis his], formed by a single authority and subject to a single
>> > superintendance and control: but that it is a compact of many
>> > independent powers, every single one of which claims an equal right
>> > to understand it and require its observance.
>> 
>> This clearly is NOT the understanding of the Constitution by the
>> majority of his time or of ours.  Article III clearly does give its
>> judicial superintendence to the USSC, and the Supremacy Clause puts
>> the Constitution above the states, even while the amendment procedure
>> allows the states in concert to change the Constitution if they feel
>> it necessary (which they rarely do, and never have by convention).
>
>Where is the rule that says the majority always understands things?
>You're making it up, right?

You seem lacking in your understanding of the English language.
People can have an understanding of a document even if they can't read
it, and in fact even if they do not understand it.  For example, you
have an understanding of Jefferson's writings which is quite at odds
with what others, including Jefferson scholars, understand him to have
said.

lojbab
-- 
lojbab                                             [EMAIL PROTECTED]
Bob LeChevalier, Founder, The Logical Language Group
(Opinions are my own; I do not speak for the organization.)
Artificial language Loglan/Lojban:                 http://www.lojban.org