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郭国汀律师专栏
·我的心里话--有感于杜导斌先生被捕
***中共专制暴政政治迫害郭国汀律师实录
·郭国汀律师遭遇黑色元宵节
·中共对我的八次政治迫害--在温哥华告别恐惧讨共诉苦座谈会上的发言(上)
·中共暴政对我的八次政治迫害(中)
·中共暴政对我的八次政治迫害(下)
·If You Really Want Control Lock up Their Lawyers
·Anti-communist sentiments landed Chinese lawyer in an asylum
·我的思想认识与保证/郭国汀
·郭国汀律师的[悔罪][悔过]与[乞求]
·郭国汀因言论“违宪”行政处罚听证案代理词
·我推崇的浦志强大律师/郭国汀
·我被中共当局非法剥夺执业资格的真实原因
***(24)《共产主义黑皮书》郭国汀编译
·共产党皆变成杀人犯罪团伙的历史与理论分析
·朝鲜的罪恶与恐怖和秘密:共产党暴政罪恶批判系列之一
·古巴共产极权政权的罪恶:共产党暴政罪恶批判之二
·越南共产党暴政罪恶昭彰:共产党极权暴政罪恶实录之三
·中欧和东南欧共产党暴政的深重罪孽: 共产党极权暴政罪恶批判之四
·埃塞俄比亚共产党政权的罪孽: 共产党政权罪恶实录之五
·安哥拉和莫桑比克共产党政权的血腥暴力:共产党政权罪恶实录之六
·阿富汉共产党暴政罪大恶极:共产党极权暴政罪恶实录之七
·尼加拉瓜共产党政权的罪孽:共产党暴政罪恶实录之八
·秘鲁共产党的血腥残暴:共产党暴政罪恶实录之九
·虐杀成性的柬普寨共产党暴政:共产党暴政罪恶实录评论系列之十
·波兰共产党政权的罪孽:共产党暴政罪恶实录系列评论之十一
·苏联共产党暴政的滔天罪行:共产党暴政罪恶实录系列评论之十二
·中国共产党极权流氓暴政的滔天罪孽:共产党暴政罪恶实录系列评论之十三
·论共产党极权暴政的归宿-- 2010年全球支持中國和亞洲民主化斯特拉斯堡大會专稿
·金正日真面目
·韩战真相
***(25)《苏联东欧天鹅绒革命》郭国汀编译
·东欧天鹅绒革命导论
·苏联政治民主革命:共产党国极权暴政崩溃原因分析系列评论之一
·罗马尼亚暴力革命:共产党国极权暴政崩溃原因分析系列评论之二
·匈牙利静悄的革命:共产党国极权暴政崩溃原因分析之三
·捷克戏剧性革命:共产党国极权暴政崩溃原因分析之四
·东德和平革命:共产党国极权暴政崩溃原因分析之五
·波兰自我限制的革命:共产党极权暴政崩溃原因分析之六
·罗马尼亚35天革命成功真相
·社会转媒(国际互联网)对阿拉伯之春革命的巨大作用
·郭国汀:苏共政权垮台的根本原因
·阿拉伯之春埃及部分成功的革命
·阿拉伯之春:突尼斯成功的革命
·觉醒的人民粉碎专制体制:阿拉伯革命
·民主革命决非恐怖主义
·东欧各国追究共产党罪犯的罪责概况
·共产党专制暴政皆依赖秘密政治警察实行极权恐怖统治
·共产党极权暴政利用强制劳改劳教集中营野蛮残暴迫害人民
·共产党极权专制暴政实质上皆与人民为敌
·共产党极权专政暴政的大清洗
·共产党极权专制暴政皆利用强制劳改集中营野蛮迫害人民
·共产党极权专制暴政皆践踏法律司法暗无天日
·共产党极权专制暴政皆疯狂迫害宗教信仰者
***(26)《共产主义的历史》郭国汀编译
·序《共产主义的历史》
·共产主义的理论与实践批判
·列宁主义批判
·斯大林主义批判
·西方国家的共产主义
·第三世界的共产主义
·共产主义谬误的根源及其注定失败的原因
·共产党政权跨台的理论与实践根源
·马克思确认共产主义是“可怕的妖精”和“鬼魂”及“幽灵”
·共产主义注定败亡的十四项理由
·人类不平等的起源究竟是什么?
·郭国汀马克思主义批判
·宗教是毒药!宗教是引人堕落的意识世界吗?!
·马克思列宁毛泽东为何仇恨宗教?
·共产党政权为何仇恨宗教?
·共产党仇恨宗教的根源
·中共政权极度腐败的宗教根源
·共产党仇恨宗教的根源—与网友的讨论
***(27)《列宁不为人知的故事》郭国汀编译
·列宁不为人知的故事(1)
· 列宁不为人知的故事(2)
·列宁不为人知的故事(3)
·列宁不为人知的故事(4)
·列宁不为人知的故事(5)
·列宁不为人知的故事(6)
·列宁不为人知的故事(7)
·列宁不为人知的故事(8)
·列宁不为人知的故事(9)
·列宁不为人知的故事(10)
·列宁不为人知的故事(11)
·列宁不为人知的故事(12)
·列宁不为人知的故事(13)
·列宁不为人知的故事(14)
·列宁不为人知的故事(15)
·列宁不为人知的故事(16)
·列宁是天真无知与考茨基的远见卓识
·马克思私生子考评
***(28)《苏俄革命》郭国汀编译
· 列宁共产主义实践的恶果
·极权主义术语的由来
·苏俄十月革命真相
· 列宁首创一党专制体制
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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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