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郭国汀律师专栏
·郭国汀 从我的经历看中共当局诽谤高智晟的下流
·所谓高智晟公开声明及悔罪书肯定是伪造的
·真正的中国人的伟大怒吼!
·加拿大著名人权律师安世立支持声援全球绝食抗暴的声明
·闻律师英雄高智晟再遇车祸有感 郭国汀
·呼吁全球万人同步大绝食宣言
·全球接力绝食抗暴运动的伟大意义 郭国汀
·郭国汀声援和平抗暴 呼吁抛弃中共
·中国律师界应全力声援高智晟
·专家剖析高智晟煽动颠覆国家政权案
·抓捕关押高智晟的整个过程都是违法的/郭国汀
·中共迫害高智晟亲人丧心病狂,中共党魁胡锦涛难辞其咎
·绝食维权抗暴日记
·郭国汀 漠视大陆维权是一种自杀行为
·英雄伟人与超人高智晟
·告全体中国律师及法律人书----闻高智晟被秘密绑架感言
·郭国汀: 高智晟遭秘密绑架可能成为中共灭亡的导火索
·给真正的中国女人的公开信
·郭国汀:驳刘荻的非理性投射说
·决不与中共专制暴政同流合污--------第29个全球接力绝食抗暴日记 郭国汀
·一部见证当代中国社会现实的伟大纪实作品--序高智晟《中国民间企业维权第一案》
·郭国汀呼吁国际重视高智晟妻儿的遭遇
·将接力绝食抗暴运动进行至最后胜利
·我为中华律师英雄杨在新喝彩 郭国汀
·郭国汀向老戚致敬
·万众一心,众志成城——全球万人同步绝食抗暴日记 郭国汀
·责令中共当局立即无条件释放兰州大学学生刘西峰!郭国汀
·加拿大著名人权律师ANSLEY支持声援全球绝食抗暴运动的声明
·郭国汀:中国律师应当向高智晟,浦志强律师学习!
***(45)人权研究
***中国人权律师基金会
·郭国汀推荐黄金秋竞选[第三届中国自由文化运动政论奖]推荐函
·郭国汀提名陈泱潮为2009中国自由文化奖之文化成就奖获奖候选人
·郭国汀提名张博树为2009中国自由文化奖之法学奖获奖候选人
·推荐郭国汀先生参选2009年台湾民主人权奖书
·letter of recommendation of Guoting for 2008 Asia Democracy and Human Rights Award
·提名郭國汀律師作為[第三屆亞洲民主與人權獎]候選人的推薦函
·支持郭国汀律师负责组建中国人权律师基金会
·第二届《中国自由文化奖》评奖程序的修改建议
·郭国汀提名张鉴康律师作为第二届自由文化奖之人权奖候选人
·关于提名陈泱潮竞选[中国自由文化运动文化成就奖]推荐函
·推荐郭国汀先生参选第三届「亞洲民主人權獎」推荐书
·Letter of recommendation of Guoting Guo for 2008 The Third Asian Democracy and Human Rights Award
***(46)关注西藏新疆少数民族人权
·解决西藏问题的最佳方案--宪政联邦体制
·中共政权对藏民族所犯下的罪恶
·西藏自古以来属于中国吗?--西藏与中国关系简史
·什么是西藏问题?
·达赖啦嘛论解决西藏问题的原则
·中共宗教灭绝政策的实质是从精神心灵上扼杀藏人
·西藏自古以来属于中国吗?
·西藏问题的实质
·自由法治宪政民主联邦体制是解决西藏问题的最佳方案
·达赖啦嘛最常使用的词汇
·达赖啦嘛的使命与梦想
·达赖啦嘛论西藏问题的实质
·达赖啦嘛论西藏文明文化和历史
·达赖啦嘛论解决西问题的原则
·达赖啦嘛论爱同情怜悯与慈悲
·达赖啦嘛论藏传佛教的价值
·是中共暴政而非汉族奴役迫害藏民族!
·新疆暴亂是中共流氓暴政故意利用民族茅盾转嫁统治危机人为泡制的惨案
·坚决支持藏民维民争自由,平等,人权,民主的英勇抗暴运动
·从图片新闻看达赖喇嘛的国际影响力
·达赖喇嘛语录郭国汀译
·蜡烛与阳光争辉------从温家宝批达赖喇嘛说开去
·达赖喇嘛代表流亡政府及全体藏民与中国政府和平谈判理所当然----兼与王希哲兄商榷
·三一四西藏暴乱事件的真相
·布什总统再度敦促中国(中共)与达赖喇嘛对话
·达赖喇嘛抵美国西图参加为期五天的慈善的科学基础大会,据称150000门票全部售出
·布什总统出席奥运开幕式已不确定
·达赖喇嘛今天重申不抵制奥运会
·布什总统决意出席奥运开幕式并非仅由于他性格顽固
***(47)人权律师法律实务
·郭国汀:中国人没有基本人权——2008年加拿大国会中国人权研讨会专稿
·我为何从海事律师转向人权律师?
·盛雪专访郭国汀从海事律师转变成人权律师的心路历程
·我从海事律师转变成人权律师的思想根源
·郭国汀律师受中共政治迫害的直接原因
·我从海事律师转变成人权律师的心路历程
·成为一名人权律师!---郭国汀律师专访
·一个中国人权律师的真实故事
·世界人权日感言/郭国汀
·人权漫谈/南郭
·人权佳话
·保障人权律师的基本人权刻不容缓
·不敢或不愿为法轮功作无罪辩护的律师,不是真正的人权律师!
·人权律师辩护律师必读之公正审判指南(英文)
·我为什么推崇中国人权律师浦志强?
·巴黎律师公会采访中国人权律师郭国汀
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·人权律师的职责与使命----驳李建强关于严正学力虹案件的声明
·驳斥刘路有关六四屠城的荒唐谬论
·李建强律师与郭国汀律师的公开论战
·李建强与郭国汀律师的论战之二
·英雄多多益善!郭国汀
·英雄辈出的时代刘路千万别走错路 郭国汀
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Beyond the Constitution

Beyond the Constitution
   by James Leroy Wilson
   Mr. Wilson, in your latest article on LewRockwell.com you state that the 1787 constitution cannot be counted on to ensure liberty. Point taken! However, what should we then strive for? A return to the Articles of Confederation or an even more decentralized league of polities that looks more like the Holy Roman Empire than the EU? Personally, I'd say make Washington the equivalent for the lower 48 to what New York is to the UN members. What would you propose?
   Every nation, including the USA, is ruled by men, not by laws or constitutions. Liberty is protected by the people, to the extent that they desire liberty. And that is, ultimately, a cultural, rather than a merely political, question. The people of today will interpret the Constitution to mean what they want it to mean. But that is not to say that the Constitution has not itself profoundly influenced our culture. The institutions of authority into which we are born affect our worldviews. A lapsed (no longer following the practices of one’s religion)Catholic would see the world differently than a lapsed Lutheran, who would see it differently than a lapsed Moslem. A child raised with an abusive father would see things differently than a child raised with no father at all.
   Likewise, the laws of the land will influence our view of the world. As I wrote yesterday, the Constitution did not invent liberty, and will not protect it if the people want to give it up for something else. But I shouldn’t discount the Constitution too much. When the people seek to overturn injustice and the encroachments(intrude upon)of the State, they invoke the Constitution and especially its Bill of Rights, not an abstract ideal of liberty. The Constitution has been admired not just by Americans, but also by classical liberals and libertarians throughout the world. Indeed, it is hard to conceive of a libertarian movement without it.
   Although not a libertarian document, it provides the legal standard by which we oppose the Welfare State, the Police State, and Imperial Warfare State. So while the Constitution did not invent liberty, it has helped shape libertarian beliefs and values – our conception of liberty in and for America. Laws tend to do that, for good and for ill: they help shape our worldviews.
   What I don’t think we should do, however, is go "back" to a political tradition which respected the Constitution, for reasons stated yesterday. More than that, it is impossible. We go forward in time, not backward. The nature of the Republic and its people have changed. Phases in a life, or in a country, do not revolve. As time marches on, we enter new phases; we do not re-enter old ones. We will not go back to the beliefs and practices 1912, 1884, 1836, or 1776. Nor would we want to. Previous generations may have preserved the Constitution better, but they also preserved a lot of other beliefs and values we find reprehensible. To advocate "going back" to the Constitution is "politically incorrect" in its truest sense: it is unfeasible, counter-productive, and foolish. Many people think we still live under the Constitution and will wonder what we’re talking about anyway. Many others do not even care about the Constitution at all, or view it as an obstacle to their ideological agenda.
   The alternative is to move beyond the Constitution. This is what my correspondent asks. What would that look like? I don’t know, exactly, and no blueprint drawn up today will ever come to fruition(fulfillment of plans , aims, desired, results) exactly as planned anyway. But freedom is our value, our highest political end, and we ought not confuse means such as democracy, separation of powers, and federalism, with that end.
   The key is to preserve our best traditions and values as we move forward, to promote those things that once made us feel lucky and proud to be Americans: a commitment to peace and the avoidance of entangling(to cause to become twisted or mixed with something else) alliances and needless disputes with foreign nations; the preservation of our traditional civil liberties (speech, religion, self-defense, due process of law); democratic, decentralized(to move government from one central place to several different smaller ones), local government; free, unregulated trade within a large common market. These are desirable no matter the form of our political arrangements, and our political arrangements will be shaped by these values.
   To move "beyond" the Constitution means to frame debates in moral terms, not Constitutional legalese. For values shape culture, and culture shapes politics. Who should control the schools, parents or federal ’crats? Who should prescribe grandma’s pain medication, her doctor or the Attorney General? If a hurricane devastates a state, why is its National Guard thousands of miles away "liberating" strangers who despise our occupation? Why are our women fondled by federal security at airports?
   If the people, or the states, say, "Enough is enough!" then we will see change. We just don’t know what it will look like. It may mean dissolution of the Union and the creation of independent states and/or regional confederations. Or maybe the Union will stick together, with Constitutional balances restored. It doesn’t particularly matter to me.
   So you could say that I am striving for peace and freedom. If these become our nation’s values once again, then the politics will take care of itself.
   March 17, 2005
   James Leroy Wilson [send him mail] is a columnist for the Partial Observer and blogs at "Independent Country." He currently resides in eastern Washington State.
   Copyright © 2005 LewRockwell.com
   Thomasgguo note: this article describe the Constitution’s values and aims in the eyes of journalist, following comment really well worth consider more detail:
    “ Every nation is ruled by men, not by laws or constitutions. Liberty is protected by the people, to the extent that they desire liberty. And that is, ultimately, a cultural, rather than a merely political, question.” However, without freedom of express, speech, religion, the cultural will be destroied and damage the value finally; thus the fundament human right, must be the freedom.
    “the laws of the land will influence our view of the world. the Constitution did not invent liberty, and will not protect it if the people want to give it up for something else.” Rule of law or rule of man is quite different way, law is the standard rule which each member should be obey and accords when they wish have a peace and harmony life. The liberty was not born of nature, it is only realize by human being after years pain experience, and create and protect by Constitution.
   “while the Constitution did not invent liberty, it has helped shape libertarian beliefs and values – our conception of liberty in and for America.” Although the constitution did not invent the liberty itself, it is create through the men, it is clear that without constitution government without liberty.
   “But freedom is our value, our highest political end, and we ought not confuse means such as democracy, separation of powers, and federalism, with that end.” Freedom is topest aims of human being, the purpose of political should be protect and realize the freedom.
   The American’s main values “a commitment to peace and the avoidance of entangling(to cause to become twisted or mixed with something else) alliances and needless disputes with foreign nations; the preservation of our traditional civil liberties (speech, religion, self-defense, due process of law); democratic, decentralized(to move government from one central place to several different smaller ones), local government; free, unregulated trade within a large common market.” What are Chinese value?
   “To move "beyond" the Constitution means to frame debates in moral terms, not Constitutional legalese.”

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