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Gary Hart

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The Burden and Triumph of Principle

Posted: 07/03/11 07:47 PM ET

When the United States, uniquely among historical national powers, established itself on the foundation of principles, our founders purposely intended to establish us as a beacon among nations. But they also created a high standard for national behavior that has proved a burden ever since.

The original Constitution explicitly set out the authority of the three branches of government but equally explicitly established the boundaries of that power and set each of the branches to watch over the others, especially requiring the legislative branch to oversee the conduct of the executive branch. But its amendments very soon focused on the rights of citizens -- to speak, to organize, to write and print, to worship, to be equal, and most importantly to be be secure in our homes and property.

Those of us privileged to travel the world know the degree to which people around the world judge our adherence to the principles we proclaim. Many Americans think we can say one thing and do another as a nation. It is not true. We are daily held to the high standard our founders set for the United States. And, too often, we do not measure up either at home or abroad.

Most disquieting has been the tendency of our government to sacrifice our individual rights to the perceived need for security. Threats, real or imagined, are almost immediately seen as grounds for suspending the Constitutional rights of the individual. Nowhere is this more evident than the use of electronic surveillance in the age of terrorism. And the current administration seems content to perpetuate some of the worst excesses of its predecessor.

No one said that principled democracy would be easy. And of course Thomas Jefferson didn't contemplate today's technologies. But he did know human nature. And he and his colleagues knew that it would be up to us to keep political power within its Constitutional boundaries and, even more, to insist that America live up to the principles it proclaims.

 
 
 

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07:37 AM on 07/05/2011
"Threats, real or imagined, are almost immediately seen as grounds for suspending the Constitutional rights of the individual. Nowhere is this more evident than the use of electronic surveillance in the age of terrorism."

Actually, this IS more evident in one area: gun control.
11:54 AM on 07/05/2011
If you can't control your gun, you shouldn't have one.
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RevSpaminator
Life is too short to drink light beer!
02:33 PM on 07/05/2011
Actually the rights of the accused and illegal search and seizure have taken the biggest beating. Funny how the loudest advocates for gun rights will, in the same breath, expect that we abandon our legal system and hang anyone accused of any crime.

Even more amazing is how the issue of personal liberty has been divided. I for one take the position of an old school liberal. (I refuse to allow Rush Limbaugh or Pat Buchanan redefine it for their ultra-conservative Tory agenda.) The only way to achieve a free and just society is by guarding the rights of the individual against the forces for "the greater good" that would seek to "temporarily suspend" them. A true liberal stands up for freedom of speech, religion, gun ownership, rights of the accused and against cruel and unusual punishment.

America is a liberal nation founded on liberal philosophies. Liberals wrote the Declaration of Independence, conservatives called it treason. Liberals fought against the King of England, conservatives gave his troops food and shelter. Liberals are the real American Patriots!
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aligatorhardt
Cut on the bias
05:18 AM on 07/05/2011
When the Constitution can be pushed aside at a whim, it does not really exist at all.
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1Truthseeker
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05:16 PM on 07/04/2011
Mr. Hart, get your head out of the clouds. The myth of America being chartered on a foundation of principles is bullpucky! The Constitution of the US set forth rules to insure a framework for the unencumbered commerce and profit of the privileged few.

At issue: Separation of Church and State! At that time the Christian Churches of Europe placed strict controls on what was permissible in the creation of wealth. Capitalism was frowned upon by the Church leaders. It was seen to be bereft of principles and societal responsibility. There was no separation of Church and State in Europe! Charging interest in money lending was prohibited! This is why the Jews were the money lenders of Europe. It was also the reason that they were despised because they were seen to profit from the needs and desperation of others.

Colonial landholders and merchants saw lucrative financial benefits to this "Separation of Church and State". There was no intent to protect the settlers from religious persecution: the mormons were hunted and slaughtered; witches and warlocks were drowned or burned at the stake. The history of the US reflect a total lack of principles. It is replete with brutality, injustice, genocide, extortion, land confiscation, slavery and terror all for the amassing of wealth by the few! The US Constitution was not written for the settlers. Today, 65% of our Federal taxes are spent on the expansion of business opportunities for US corporations! This is what the Constitution sought to facilitate.
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donnyraindog
Hi Mom!
08:29 PM on 07/04/2011
While the founders were not saints and the constitution is not sacred the nation was founded on principles and ideals. It has had to evolve and still is but the framework was there for it to happen. To those that denegrate the history of america and its continuing evolution I would ask compared to what?
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1Truthseeker
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12:26 PM on 07/05/2011
The Constitutional framework delineates the mechanism for the balance of power and the flow of power. It does not protect against the exploitation of power. Please quote the section on principles and ideals! I am not denigrating the history of the US. I am describing it as it IS! History speaks for itself. You seem to need to idolize and put our history up on a pedestal. When making an assessment of the adherence to espoused principles and ideals, I compare them to their source of origin! Your argument begs the issue: Just because other people murder does that make it alright for me to murder as well as make me less of a murderer?
09:41 PM on 07/04/2011
The important thing about this constitution is that it is founded on majority rule and popular sovereignty. The men who created this system could not have gained power from the state politicians who were happy being big ducks in small ponds by basing their constitution on aristocracy or a pilgrim theocracy. The political legacy is non violent democratic change. We do not know how to use these tools of change. Like the child born in slavery, we believe corporate oligarchy is normal and natural. It is increasingly obvious that the oligarchs and their politicians and judges are butt naked.
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1Truthseeker
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11:39 AM on 07/05/2011
The myth of "majority rule"! Majority rule seeks to imply "the will of the people". Our history testifies to "the Will of the powerful minority" that is served by government.

The crafters this framework Constitution did succeed in developing rules and procedures for a mechanism to balance the power between the Branches of Government and defined the relationship of the States to Federal Government, the governed to the government. Brilliant!

The Constitution sets forth a foundation for UNRESTRAINED government. The Constitution provides the Structure and the Corridors for the movement of power. Compare the Constitution to a building. The building's function will always be defined by it's occupants and how they purpose it. However the constitution does not define the principles or ethics by which the activity within this structure should be governed. This leaves the people of the land at the mercy of the agenda of those who are elected to govern. Our Constitution provides for a balance of power but it does not protect against the exploitation of power by the economically powerful. Nor does it protect the the majority from the abuses of power by a minority. Our campaign finance laws permit the financially powerful to indenture our elected officials into serving their agenda. This is brought us to today: 65 % of our Federal tax dollars supporting corporate interests and needs at home and abroad. Our Constitution does not prohibit this. We need to stop mythologizing our Constitution and ennobling the men who drafted.
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blindsquirl
Compliance is not a virtue
04:41 PM on 07/04/2011
I see no evidence anywhere, to support the belief, that politicians give a damn about the Constitution.
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tristrixi
Hon! Ministry of Love agents are at the door!
03:57 PM on 07/04/2011
When the government no longer represents the citizens, the people, and is an active partner with private multinational global financial interests, we are not to be too surprised. The conditions at present and the further suppression of civil rights at the behest of corporatism, in the name of profit and slavish devotion to the "market", are a hallmark of fascism, always to the detriment of people, citizens, of the subject nations, such as ours.
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03:52 PM on 07/04/2011
Mr. Hart and with all due respect - You know full and well that if our freedoms are to be returned it is completely within the authority of Congress to make that happen.

Rescinding the Patriot Act and the AUMFs of 2001 and 2002 and defunding the Department of Homeland Security would reset the overt encroachment and oversteps that at some time in our future threatens each and every American citizen.

Careful reading of your piece reveals not a hint of this corrective action. Why??
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tristrixi
Hon! Ministry of Love agents are at the door!
03:59 PM on 07/04/2011
Good question. And as you provide, the answer is clear.
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Mary Mckay
Capitalism is not God
04:32 PM on 07/04/2011
The true documentary "The Terror Within" Is a hard to believe documentary about the abuse of power by the Department of Homeland Security. Julia Davis, a National Security/anti Terrorist expert and National Security whistle blower was subject to retaliation out of all proportions by the department of Homeland Security, discovered & reported a breach of homeland security at the largest & busiest land border crossing in the US on 4th July, 2004. When the DHS failed to act on her reports, she took her concerns to the FBI/JTTF, http://terrorwithindoc.com/
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1Truthseeker
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11:43 AM on 07/05/2011
Thank you for the link!
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Fit2betied
Give Peace a Chance ☮
03:40 PM on 07/04/2011
It's time for me to go get the BBQ going for today's celebration.

Happy 4th to all of you and God Bless America!

Peace and Love \ /
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blindsquirl
Compliance is not a virtue
04:53 PM on 07/04/2011
"Peace and tranquility" to all. (it is the Will of Landreau!)
Happy 4th to you too, Fit. (enjoy!)
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Fit2betied
Give Peace a Chance ☮
03:30 PM on 07/04/2011
When government is unrestrained it represents only itself and the concerns of the people become secondary.

This is where we are today.
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1Truthseeker
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05:19 PM on 07/04/2011
And this is the foundation of the US Constitution!
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wsmith9686
12:44 AM on 07/05/2011
the constitution should be used as a guide. it was put together by men who were well intentioned for that period. the world has changed since then, those folks would spend the better of a year trying to adjust to todays world. it is a good guide but we should not get bound up in it. decissions have to be in the world as it is today not back when this document was fashioned. i here a lot of folks ,the founding fathers intened this or they intended that. they influenced by politics of their time, things are different today vastly different.
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1Truthseeker
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10:41 AM on 07/05/2011
Thank you, You said it very well. Our Constitution lays the foundation for our government to represent it self and be unrestrained. Our campaign finance laws have been putting candidates for public office up for sale to the highest bidder. This does result in a government that serves the highest bidder!
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ConservativeAmongWolves
One guy against a pack of Howlers
01:59 PM on 07/04/2011
Mr. Hart, how many people in other countries wish they were Americans RIGHT NOW?

Syrians
Lybians
North Koreans
Myanamarians
Fijians
Iranians
Tibetans
ETC
ETC
ETC

We have some flaws. We many even over react from time to time. But the USA is still the country with the most freedoms and opportunities.
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gevan
the pilgrim has landed
02:31 PM on 07/04/2011
Not to mention the greatest opinion of ourselves.
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1Truthseeker
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05:20 PM on 07/04/2011
You may be dreaming or caught up in wishful thinking!
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01:31 PM on 07/04/2011
www.truth-out.org/declaration-independence-beacon-world-thoughts-true-american-democracy-aboard-gaza-flotilla/13097911

Ray McGovern's article cited above is worth reading today, the 4th of July. Our country's values as an international leader and basis for such require serious thought and some soul searching. As the Beatles put it, (Yes, definitely out of context) "..get back, get back, get back to where we once belonged.."
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Fit2betied
Give Peace a Chance ☮
03:36 PM on 07/04/2011
Not so out of context :)

The question is can we ever go back?

I think the way for America is to wisely go forward. Hopefully there are still some wise people who know the way. The sooner they come into the public view the better for our country.
01:18 PM on 07/04/2011
The recent administrations have show no trust in the people. It's like they observe us all as potential criminals.
While government has become more secretive and less concerned about removing civil rights.
This sounds like America before the Revolutionary war. Maybe it's a sign !
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ConservativeAmongWolves
One guy against a pack of Howlers
02:01 PM on 07/04/2011
Remember 9-11-01? How about the Ft. Hood shootings? Any remembrance of any of the half dozen plots to attack targets in this country?
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gevan
the pilgrim has landed
02:32 PM on 07/04/2011
When you allow terrorism to move you, you are validating their methods.
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Parkite
Still haven't found what I'm looking for
03:42 PM on 07/04/2011
There were reasons to look at these perpetrators before these heinous events took place. There were several instances were the authorities were alerted to the 9/11 hijackers, Ft. Hood, the underwear bomber, etc. Had those reports been followed up on adequately, those events would not have happened. We don't need to be strip searching grannies in wheelchairs, grope kids and irradiate airline passengers.
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blackraisin
Life, Liberty, Property.
11:35 AM on 07/04/2011
"And the current administration seems content to perpetuate some of the worst excesses of its predecessor."

Isn't it odd, that Republican Presidential candidate Ron Paul is campaigning on protecting individual rights, and Democratic President Obama has a record of violating those rights.
01:03 PM on 07/04/2011
Yes, it does conflict with the expectations of many; yet, it's true. President Obama has been a terrible disappointment for many most interested in the preservation of liberty. And while many of Representative Paul's views on the subject are healthy, just as many of his views regarding the role of government are anything but mainstream and are, in my opinion, anything but healthy or even rational.

In the end, neither Obama nor Paul are to be the solution to the country's problems, each in their own way, bound to make things notably worse.
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arkymorgan
Nobody knows the trouble I've been...
01:52 PM on 07/04/2011
At this point, it may be about who would do it the slowest.

And the remedy depends on whether you feel that people would more likely come to their senses over time or in response to a short, sharp shock.

On the other and, the decision may be out of our hands. Most Europeans seem to be bracing for a second, more disastrous global economic meltdown.
10:25 AM on 07/04/2011
Necessity is the plea for every infringement of human freedom. It is the argument of tyrants; it is the creed of slaves.......................William Pitt, 1783
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ConservativeAmongWolves
One guy against a pack of Howlers
02:03 PM on 07/04/2011
How have your rights been "infringed?"
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Parkite
Still haven't found what I'm looking for
04:02 PM on 07/04/2011
Unreasonable search. Been through an airport lately? Own a cell phone?
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blindsquirl
Compliance is not a virtue
06:10 PM on 07/04/2011
Warrantless searches and siezeures, imprisonment without charges or trial, anti-gun laws, mandated personal expendatures, DUI check-points (and the violation of self-incrimination law, that come with them) the right to hold public demonstrations (without a permit), legalized bribery (citizens United), which negates the value of the individual vote, the right of citizens to seek collective civil damages, against Big Business, imminent domain, the right to travel without ID or invasive personal searches, the right to play on-line poker in your own living room, the right to seek your own medical remedies, the right to record the actions of POlice or other taxpayer employees in public, the right to challange UNlawful use of authority by police, without being charged with a crime, the right to be in public places (regardless of financial status), the right to access Public Lands, the right to know what our government is doing, the right to share in the sale of natural resources which BELONG to all Americans, the right to practice religion (which is not Christian or Judiasim) without harrassment or bias......get the point yet ?
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realitytrumpsbull
two 'alves of coconut!
09:13 AM on 07/04/2011
Nevermind The Government, how about the media, and 500 channels of 'surveillance'? Bluntly put, the feds can't hold a candle in terms of all-seeing eyes, compared to...The Media.  All the news that's fit to print or otherwise broadcast, 24/7/365, at the click of a button. Then, there's private security people and lawyers with their hidden cameras, and oh, everyone and their dog walking down the street with a cellphone or other camera-equipped device, face it Gary, the 21st century has turned the world into a live soundstage. The paparazzi can pretty much retire, because anyone can do that job, now.
04:12 PM on 07/04/2011
With all due respect, this is what you're worried about, above Pretextual Prosecution, for example?
frank1946
Tell the Truth
08:52 AM on 07/04/2011
Hey, Hart, nice to know you are still around, why so quiet ?

I agree, safety and security are most often excuses to restrict Freedom and Privacy !

Big Government is a threat in and of itself !