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Author Topic: So-called Majority Rule  (Read 94 times)

Joe Kelley

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So-called Majority Rule
« on: July 16, 2019, 04:06:18 pm »

Extortion:
“The use of force, or the threat of force, to obtain money, something else of value, or services from a person is often known as the criminal offense of extortion. Many jurisdictions classify extortion as a “crime against property” or a theft-related offense, but the threat of harm to a person is an essential element of the offense. This could consist of physical harm, financial harm, destruction of property, or abuse of official power.”
Source Justia

Example:
“Affairs were in this situation when on the 28th of September last a resolution was proposed to the assembly by a member of the house who had been also a member of the federal convention, for calling a state convention, to be elected within ten days for the purpose of examining and adopting the proposed constitution of the United States, though at this time the house had not received it from Congress. This attempt was opposed by a minority, who after offering every argument in their power to prevent the precipitate measure, without effect, absented themselves from the house as the only alternative left them, to prevent the measure taking place previous to their constituents being acquainted with the business- That violence and outrage which had been so often threatened was now practised; some of the members were seized the next day by a mob collected for the purpose, and forcibly dragged to the house, and there detained by force whilst the quorum of the legislature, so formed, compleated their resolution." We shall dwell no longer on this subject, the people of Pennsylvania have been already acquainted therewith. "We would only further observe that every member of the legislature, previously to taking his seat, by solemn oath or affirmation, declares, "that he will not do or consent to any act or thing whatever that shall have a tendency to lessen or abridge their rights and privileges, as declared in the constitution of this state." And that constitution which they are so solemnly sworn to support cannot legally be altered but by a recommendation of the council of censors, who alone are authorised to propose alterations and amendments, and even these must be published at least six months, for the consideration of the people.- The proposed system of government for the United States, if adopted, will alter and may annihilate the constitution of Pennsylvania; and therefore the legislature had no authority whatever to recommend the calling a convention for that purpose. This proceeding could not be considered as binding on the people of this commonwealth. The house was formed by violence, some of the members composing it were detained there by force, which alone would have vitiated any proceedings, to which they were otherwise competent; but had the legislature been legally formed, this business was absolutely without their power.”
Source: The Dissent of the Minority of the Pennsylvania Convention, Pennsylvania Packet (December 18, 1787)

Note:
“That violence and outrage which had been so often threatened was now practised; some of the members were seized the next day by a mob collected for the purpose, and forcibly dragged to the house, and there detained by force whilst the quorum of the legislature, so formed, compleated their resolution.”

That is America. That is Mob Rule. That is not democracy.

What ought to have happened then is the same as what ought to happen now. It is very simple, all that is needed is an accurate accounting of the facts that matter in the extortion case that is euphemistically called Mob Rule.

At the State Level:
IV. That all power being originally inherent in, and consequently derived from, the people; therefore all officers of government, whether legislative or executive, are their trustees and servants, and at all times accountable to them.
Source: Constitution of Pennsylvania - September 28, 1776

At the Federal Level:
Freedom of speech and debate in Congress shall not be impeached or questioned in any court or place out of Congress, and the members of Congress shall be protected in their persons from arrests or imprisonments, during the time of their going to and from, and attendence on Congress, except for treason, felony, or breach of the peace.
Source: Articles of Confederation : March 1, 1781

Who decides if in fact members of the Pennsylvania legislature were extorted, if extortion is a felony, and if so does that injury cause the people (who are the government) to act in defense of the victim?

“The principles that judicial tribunals should conduct open, public proceedings and give redress to every person who has suffered a legal injury are two of the linchpins of AngloAmerican law. Other basic precepts require that notice and hearing precede such hearings, and that tribunals be impartial. Together, this modest bundle of principles—in large part procedural—defines what people think of as the vital core of our legal system. Everything else flows from them.”
Source:
Chapter 14
COURTS TO BE OPEN;  SUITS AGAINST THE COMMONWEALTH 
Article I, Section 11
BY Donals Marritz
https://www.pabar.org/public/committees/lspublic/atj/Chapter14-final.pdf

When the mob is the government, what is the rule?
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