Jump to essay-5 See The Federalist No. 84, at (Alexander Hamilton) (Clinton Rossiter ed., ). Jump to essay-6 See Dennis J. Mahoney, Preamble, in 3 Encyclopedia of the American Constitution (Leonard W. Levy et al. eds., ) (noting there is no record of any objection to the Preamble as it was reported by the committee) Jul 03, · A five-paragraph essay is a prose composition that follows a prescribed format of an introductory paragraph, three body paragraphs, and a concluding paragraph, and is typically taught during primary English education and applied on standardized testing throughout schooling Every juridical constitution which concerns the person who stands under it is one of the following: (1) The constitution conforming to the civil law of men in a nation (ius civitatis). (2) The constitution conforming to the law of nations in their relation to one another (ius gentium)
The Internet Classics Archive | The Athenian Constitution by Aristotle
Whether this satirical inscription on a Dutch innkeeper's sign upon which a burial ground was painted had for its object mankind in general, or the rulers of states in particular, who are insatiable of war, or merely the philosophers who dream this sweet dream, it is not for us to decide.
But one condition the author of this essay wishes to lay down. The practical politician assumes the attitude of looking down with great self-satisfaction on the political theorist as a pedant whose empty ideas in no way threaten the security of the state, inasmuch as the state must proceed on empirical principles; so the theorist is allowed to play his game without interference from the worldly-wise statesman, essay on constitution.
Such being his attitude, the practical politician--and this is the essay on constitution I make--should at least essay on constitution consistently in the case of a conflict and not suspect some danger to the state in the political essay on constitution opinions which are ventured and publicly expressed without any ulterior purpose. By this clausula salvatoria the author desires formally and emphatically to deprecate herewith any malevolent interpretation which might be placed on his words.
Otherwise a treaty would be only a truce, a suspension of hostilities but not peace, which means the end of all hostilities--so much so that even to attach the word "perpetual" to it is a dubious pleonasm. The causes for making future wars which are perhaps unknown to the contracting parties are without exception annihilated by the treaty of peace, even if they should be dug out of dusty documents by acute sleuthing.
When one or both parties to a treaty of peace, being too exhausted to continue warring essay on constitution each other, make a tacit reservation reservatio mentalis in regard to old claims to be elaborated only at some more favorable opportunity in the future, the treaty is made in bad essay on constitution, and we have an artifice worthy of the casuistry of a Jesuit.
Considered by itself, it is beneath the dignity of a sovereign, essay on constitution, just as the readiness to indulge in this kind of reasoning is unworthy of the dignity of his minister. But if, in consequence of enlightened concepts of statecraft, the glory of the state is placed in its continual aggrandizement by whatever means, essay on constitution, my conclusion will appear merely academic and pedantic.
A state is not, like the ground which it occupies, essay on constitution, a piece of property patrimonium. It is a society of men whom no one else has any right to command or to dispose except the state itself. It is a trunk with its own roots. But to incorporate it into another state, like a graft, is to destroy its existence as a moral person, reducing it to a thing; such incorporation thus contradicts the idea of the original contract without which no right over a people can be conceived.
Everyone knows to what dangers Europe, the only part of the world where this manner of acquisition is known, has been brought, even down to the most recent times, by the presumption that states could espouse one another; it is in part a new kind of industry for gaining ascendancy by means of family alliances and without expenditure of forces, essay on constitution, and in part a way of extending one's domain.
Also the hiring-out of troops by one state to another, so that they can be used against an enemy not common to both, is to be counted under this principle; for in this manner the subjects, as though they were things to be manipulated at pleasure, are used and also used up. For they incessantly menace other states by their readiness to appear at all times prepared for war; they incite them to compete with each other in the number of armed men, and there is no limit to this.
For this reason, the cost of peace finally becomes more oppressive than that of a short war, and consequently a standing army is itself a cause of offensive war waged in order to relieve the state of this burden, essay on constitution.
Add to this that to pay men to kill or to be killed seems to entail using them as mere machines and tools in the hand of another the stateand this is hardly compatible with the rights of mankind in our own person. But the periodic and voluntary military exercises of citizens who thereby secure themselves and their country against foreign aggression are entirely different.
The accumulation of treasure would have the same effect, for, of essay on constitution three powers--the power of armies, essay on constitution, of alliances, and of money--the third is perhaps the most dependable weapon. Such accumulation of treasure is regarded by other states as a threat of war, and if it were not for the difficulties in learning essay on constitution amount, it would force the other state to make an early attack.
This expedient of seeking aid within or without the state is above suspicion when the purpose is domestic economy e. But as an opposing machine in the antagonism of powers, essay on constitution, a credit system which grows beyond sight and which is yet a safe debt for the present requirements--because all the creditors do not require payment at one time--constitutes a dangerous money power, essay on constitution.
This ingenious invention of a commercial people [England] in this century is dangerous because it is a war treasure which exceeds the treasures of all other states; it cannot be exhausted except by default of taxes which is inevitablethough it can be long delayed by the stimulus to trade which occurs through the reaction of credit on industry and commerce, essay on constitution.
This facility in making war, together with the inclination to do so on the part of rulers--an inclination which seems inborn in human nature--is thus a great hindrance to perpetual peace. Therefore, to forbid this credit system must be a preliminary article of perpetual peace all essay on constitution more because it must eventually entangle many innocent states in the inevitable bankruptcy and openly harm them.
They are therefore justified in allying themselves against such a state and its measures. For what is there to authorize it to do so? The offense, perhaps, which a state gives to the subjects of another state? Rather the example of the evil into which a state has fallen because of its lawlessness should serve as a warning. Moreover, the essay on constitution example which one free person affords another as a scandalum acceptum is not an infringement of his rights.
But it would be quite different if a state, by internal rebellion, essay on constitution, should fall into two parts, each of which pretended to be a separate state making claim to the whole. To lend assistance to one of these cannot be considered an interference in the constitution of the other state for it is then in a state of anarchy.
But so long as the internal dissension has not come to this critical point, such interference by foreign powers would infringe on the rights of an independent people struggling with its internal disease; hence it would itself be an offense and would render the autonomy of all states insecure, essay on constitution.
These are dishonorable stratagems. For some confidence in the character of the enemy must remain even in the midst of war, essay on constitution, as otherwise no peace could be concluded and the hostilities would degenerate into a war of extermination bellum internecinum, essay on constitution. War, however, essay on constitution, is only the sad recourse in the state of nature where there is no tribunal which could judge with the force of law by which each state asserts its right by violence and in which neither party can be adjudged unjust for that would presuppose a juridical decision ; in lieu of such a decision, the issue of the conflict as if given by a so-called "judgment of God" decides on essay on constitution side justice lies.
But between states no punitive war bellum punitivum is conceivable, essay on constitution, because there is no relation between them of master and servant. It follows that a war of extermination, in which the destruction of both parties and of all justice can result, would permit perpetual peace only in the vast burial ground of the human race.
Therefore, such a war and the use of all means leading to it must be absolutely forbidden. But that the means cited do inevitably lead to it is clear from the fact essay on constitution these infernal arts, vile in themselves, when once used would not long be confined to the sphere of war. Take, for instance, the use of spies uti exploratoribus. In this, one employs the infamy of others which can never be entirely eradicated only to encourage its persistence even into the state of peace, to the undoing of the very spirit of peace.
Although the laws stated are objectively, i. Such are Nos. Others, essay on constitution, like Nos, essay on constitution. This permission does not authorize, under No. For the prohibition concerns only the manner of acquisition essay on constitution is no longer permitted, essay on constitution, but not the possession, which, though not bearing a requisite title of right, has nevertheless been held lawful in all states by the public opinion of the time the time of the putative acquisition.
The state of peace among men living side by side is not the natural state status naturalis ; the natural state is one of war. This does not always mean open hostilities, but at least an unceasing threat of war. A state of peace, therefore, must be established, for in order to be secured against hostility it is not sufficient that hostilities simply be not committed; and, unless this security is pledged to each by his neighbor a thing that can occur only in a civil stateeach may treat his neighbor, from whom he demands this security, as an enemy.
The only constitution which derives from the idea of the original compact, and on which all juridical legislation of a people must be based, is the republican. The republican constitution, therefore, is, with respect to law, the one which is the original basis of every form of civil constitution. The only question now is: Is it also the one which can lead to perpetual peace?
The republican constitution, besides the purity of its origin having sprung from the pure source of the concept of lawalso gives a favorable prospect for the desired consequence, i. The reason is this: if the consent of the essay on constitution is required in order to decide that war should be declared and in this constitution it cannot but be the casenothing is more natural than that they would be very cautious in commencing such a poor game, decreeing for themselves all the calamities of war.
Among the latter would be: having to fight, having to pay the costs of war from their own resources, having painfully to repair essay on constitution devastation war leaves behind, and, to fill up the measure of evils, load themselves with a heavy national debt that would embitter peace itself and that can never be liquidated on account of constant wars in the future.
But, on the other hand, in a constitution which is not republican, and under which the subjects are not citizens, a declaration of war is the easiest thing in the world to decide upon, because war does not require of the ruler, who is the proprietor and not a member of the state, the least sacrifice of the pleasures of his table, the chase, his country houses, his court functions, and the like.
He may, therefore, essay on constitution, resolve on war as on a pleasure party for the most trivial reasons, and with perfect indifference leave the justification which decency requires to the diplomatic corps who are ever ready to provide it. In order not to confuse the republican constitution with the democratic as is commonly donethe following should be noted.
The forms of a state civitas can be divided either according to the persons who possess the sovereign power or according to the mode of administration exercised over the people by the chief, whoever he may be.
The first is properly called the form of sovereignty forma imperiiand there are only three possible forms of it: autocracy, essay on constitution, in which one, aristocracy, in which some associated together, essay on constitution, or democracy, in which all those who constitute society, essay on constitution, possess sovereign power.
They may be characterized, respectively, as the power of a monarch, of the nobility, or of the people. The second division is that by the form of government forma regiminis and is based on the way in which the state makes use of its power; this way is based on the constitution, which is the act of the general will through which the many persons become one nation. In this respect government is either republican or despotic. Republicanism is the political principle of the separation of the executive power the administration from the legislative; despotism is that of the autonomous execution by the state of laws which it has itself decreed.
Thus in a despotism the public will is administered by the ruler as his own will. Of the three forms of the state, that of democracy is, properly speaking, necessarily a despotism, because it establishes an executive power in which "all" decide for or even against one essay on constitution does not agree; that is, "all," who are not quite all, decide, and this is a contradiction of the general will with itself and with freedom.
Every form of government which is not representative is, properly speaking, essay on constitution, without form. The legislator can unite in one and the same person his function as legislative and as executor of his will just as little as essay on constitution universal of the major premise in a syllogism can also be the subsumption of the particular under the universal in the minor, essay on constitution.
And even though the other two constitutions are always defective to the extent that they do leave room for this mode of administration, essay on constitution, it is at least possible for them to assume a mode of government conforming to the spirit of a representative system as when Frederick II at least said he was merely the first servant of the state. Therefore, we can say: the smaller the personnel of the government the smaller the number of rulersthe greater is their representation and the more nearly the constitution approaches to the possibility of republicanism; thus the constitution may be expected by gradual reform finally to raise itself to republicanism.
For these reasons it is more difficult for an aristocracy than for a monarchy to achieve the one completely juridical constitution, and it is impossible for a democracy to do so except by violent revolution. The mode of governments, 6 however, is incomparably more important to the people than the form of sovereignty, although much depends on the greater or lesser suitability of the latter to the end of [good] government, essay on constitution.
To conform to the concept of law, essay on constitution, however, government must have a representative form, and in this system only a republican mode of government essay on constitution possible; without it, essay on constitution, government is despotic and arbitrary, whatever the constitution may be.
None of the ancient so-called "republics" knew this system, and they all finally and inevitably degenerated into despotism under the sovereignty of one, which is the most bearable of all forms of despotism. Peoples, as states, like individuals, may be judged to injure one another merely by their coexistence in the state of nature i, essay on constitution. Each of thenmay and should for the sake of its own security demand that the others enter with it into a constitution similar to the civil constitution, for under such a constitution each can be secure in his right.
This would be a league of nations, essay on constitution, but it would not have to be a state consisting of nations. That would be contradictory, since a state implies the relation of a superior legislating to an inferior obeyingi.
This contradicts the presupposition, for here we have to weigh the rights of nations against each other so far as they are distinct states and not amalgamated into one. When we see the attachment of savages essay on constitution their lawless freedom, preferring ceaseless combat to subjection to a lawful constraint which they might establish, essay on constitution, and thus preferring senseless freedom to rational freedom, essay on constitution regard it with deep contempt as barbarity, rudeness, and a brutish degradation of humanity.
Accordingly, one would think that civilized people each united in a state would hasten all the more to escape, the sooner the better, from such a depraved condition. But, instead, each state places its majesty for it is absurd to speak of the majesty of the people in being subject to no external juridical restraint, and the splendor of its sovereign consists in the fact that many thousands stand at his command to essay on constitution themselves for something that does not concern them and without his needing to place himself in the least danger.
When we consider the perverseness essay on constitution human nature which is nakedly revealed in the uncontrolled relations between nations this perverseness being veiled in the state of civil law by the constraint exercised by governmentwe may well be astonished that the word "law" has not yet been banished from war politics as pedantic, and that no state has yet been bold enough to advocate this point of view.
Up to the present, Hugo Grotius, PufendorfVatteland many other irritating comforters have been cited in justification of war, though their code, essay on constitution, philosophically or diplomatically formulated, has not and cannot have the least legal force, because states as such do not stand under a common external power, essay on constitution. There is no instance on record that a state has ever been moved to desist from its purpose because of arguments backed up by the testimony of such great men.
But the homage which each state pays at least in words to the concept of law proves that there is slumbering in man an even greater moral disposition to become master of the evil principle in himself which he cannot disclaim and to hope for the same from others. Otherwise the word "law" would never be pronounced by states which wish to war upon one another; it would be used only ironically, as a Gallic prince interpreted it when he said, "It is the prerogative which nature has given the stronger that the weaker should obey him.
States do not plead their cause before a tribunal; war alone is their way of bringing suit. But by war and its favorable issue, in victory, right is not decided, and though by a treaty of peace this particular war is brought to an end, the state of war, of always finding a new pretext to hostilities, is not terminated. Nor can this be declared wrong, considering the fact that in this state each is the judge of his own case.
Notwithstanding, the obligation which men in a lawless condition have under the natural law, and which requires them to abandon the state of nature, does not quite apply to states under the law of nations, for as states they already have an internal juridical constitution and have thus outgrown compulsion from others to submit to a more extended lawful constitution according to their ideas of right.
This is true in spite of the fact that reason, from its throne of supreme moral legislating authority, absolutely condemns war as a legal recourse and makes a state of peace a direct duty, even though peace cannot be established or secured except by a compact among nations. For these reasons there must be a league of a particular kind, which can be called a league of peace foedus paci ficum essay on constitution, and which would be distinguished from a treaty of peace pactum pacis by the fact that the latter terminates only one war, while the former seeks to make an end of all wars forever.
This league does not tend to any dominion over the power of the state but only to essay on constitution maintenance and security of the freedom of the state itself and of other states in league with it, without there being any need for them to submit to civil laws and their compulsion, as men in a state of nature must submit.
The practicability objective reality of this idea of federation, which should gradually spread to all states and thus lead to perpetual peace, can be proved. For if fortune directs that a powerful and enlightened people can make itself a republic, which by its nature must be inclined to perpetual peace, this gives a fulcrum to the federation with other states so that they may adhere to it and thus essay on constitution freedom essay on constitution the idea of the law of nations.
How to Effectively Use the Constitution in the Argument Essay AP Gov
, time: 5:13Interpretation: The Eighth Amendment | The National Constitution Center
This essay concerns the original meaning of the Cruel and Unusual Punishments Clause. It argues that the Constitution should be interpreted in accordance with its original public meaning, and it demonstrates what effect such an interpretation would have in the real world Every juridical constitution which concerns the person who stands under it is one of the following: (1) The constitution conforming to the civil law of men in a nation (ius civitatis). (2) The constitution conforming to the law of nations in their relation to one another (ius gentium) Jump to essay-5 See The Federalist No. 84, at (Alexander Hamilton) (Clinton Rossiter ed., ). Jump to essay-6 See Dennis J. Mahoney, Preamble, in 3 Encyclopedia of the American Constitution (Leonard W. Levy et al. eds., ) (noting there is no record of any objection to the Preamble as it was reported by the committee)
No comments:
Post a Comment