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Law and regulation in Ninteenth century America.

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Law and regulation in Ninteenth century America.

Postby country_hick » Fri Nov 18, 2016 9:35 pm

The people's welfare.
Law and regulation in Ninteenth century America.


An incomplete but long and interesting preview.

https://books.google.com/books?id=8vQWa ... &q&f=false
There is a reason that LEO has a new meaning: Legally Entitled to Oppress. Thanks to Bob Livingston for this one.

Williams v. United States, 341 US 97 - Supreme Court 1951
It is the right of the accused to be tried by a legally constituted court, not by a kangaroo court.

Penhallow v. Doane's Administrators, 3 US 54 - Supreme Court 1795
Judges may die, and courts be at an end; but justice still lives, and, though she may sleep for a while, will eventually awake, and must be satisfied
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Re: Law and regulation in Ninteenth century America.

Postby palani » Sat Nov 19, 2016 9:02 am

country_hick wrote:The people's welfare.

The present manifestation of government is called a 'welfare state'.

welfare (n.)
c. 1300, from Old English wel faran "condition of being or doing well," from wel (see well (adv.)) + faran "get along" (see fare (v.)). Similar formation in Old Norse velferð. Meaning "social concern for the well-being of children, the unemployed, etc." is first attested 1904; meaning "organized effort to provide for maintenance of members of a group" is from 1918. Welfare state is recorded from 1941.


I would suggest that the welfare being administered belongs to politician and government employees.
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Re: Law and regulation in Ninteenth century America.

Postby Shikamaru » Thu Jan 05, 2017 5:41 am

Who are "the people"?
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Re: Law and regulation in Ninteenth century America.

Postby palani » Thu Jan 05, 2017 8:53 am

Shikamaru wrote:Who are "the people"?

Are you asking in forma "the defendant"?

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Re: Law and regulation in Ninteenth century America.

Postby country_hick » Thu Jan 05, 2017 11:59 am

Shikamaru wrote:Who are "the people"?

I am a people. You are a people. The people means each man, woman or child who reads this sentence.

United States v. Lee, 106 US 196 - Supreme Court 1882
The burden of proof is upon the plaintiff to establish the fact. <Notice, it is not the burden of the judge or the D.A. but the plaintiff and only the plaintiff to show jurisdiction.>

Under our system the people, who are there called subjects, are the sovereign. Their rights, whether collective or individual, are not bound to give way to a sentiment of loyalty to the person of a monarch. The citizen here knows no person, however near to those in power, or however powerful himself, to whom he need yield the rights which the law secures to him when it is well administered. When he, in one of the courts of competent jurisdiction, has established his right to property, 209*209 there is no reason why deference to any person, natural or artificial, not even the United States, should prevent him from using the means which the law gives him for the protection and enforcement of that right.

Union Pacific R. Co. v. Botsford, 141 US 250 - Supreme Court 1891
No right is held more sacred, or is more carefully guarded, by the common law, than the right of every individual to the possession and control of his own person, free from all restraint or interference of others, unless by clear and unquestionable authority of law. As well said by Judge Cooley; "The right to one's person may be said to be a right of complete immunity: to be let alone." Cooley on Torts, 29.

Shaffer v. Heitner, 433 US 186 - Supreme Court 1977
The States are not truly independent sovereigns.

Green v. Biddle, 21 US 1 - Supreme Court 1823; Of all the attributes of sovereignty, none is more indisputable than that of its action upon its own territory.

The Cherokee Nation v. The State of Georgia, 30 US 1 - Supreme Court 1831
It cannot be questioned that the right of sovereignty, as well as soil, was notoriously asserted and exercised by the European discoverers. From that source we derive our rights. The right of sovereignty was expressly assumed by Great Britain over their country at the first taking possession of it;

Chisholm v. Georgia, 2 US 419 - Supreme Court 1793
At the Revolution, the sovereignty devolved on the people; and they are truly the sovereigns of the country, but they are sovereigns without subjects...and have none to govern but themselves; the citizens of America are equal as fellow citizens, and as joint tenants in the sovereignty.

FDIC v. Meyer, 510 US 471 - Supreme Court 1994
Sovereign immunity is jurisdictional in nature.
may not be sued without its consent and that the existence of consent is a prerequisite for jurisdiction

As a subject I am actually being called a sovereign. I claim my sovereign immunity and declare case closed.
There is a reason that LEO has a new meaning: Legally Entitled to Oppress. Thanks to Bob Livingston for this one.

Williams v. United States, 341 US 97 - Supreme Court 1951
It is the right of the accused to be tried by a legally constituted court, not by a kangaroo court.

Penhallow v. Doane's Administrators, 3 US 54 - Supreme Court 1795
Judges may die, and courts be at an end; but justice still lives, and, though she may sleep for a while, will eventually awake, and must be satisfied
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