Wednesday, September 29, 2010

Part 1: Query 120

Whether a nation within itself might not have real wealth, sufficient to give its inhabitants power and distinction, without the help of gold and silver?

Tuesday, September 28, 2010

Part 1: Query 119

Whether, if drunkenness be a necessary evil, men may not as well drink the growth of their own country?

Monday, September 27, 2010

Part 1: Query 118

Suppose the bulk of our inhabitants had shoes to their feet, clothes to their backs, and beef in their bellies, might not such a state be eligible for the public, even though the squires were condemned to drink ale and cider?

Sunday, September 26, 2010

Part 1: Query 117

Whether the women may not sew, spin, weave, embroider sufficiently for the embellishment of their persons, and even enough to raise envy in each other, without being beholden to foreign countries?

Saturday, September 25, 2010

Part 1: Query 116

Whether the exigencies of nature are not to be answered by industry on our own soil? And how far the conveniences and comforts of life may be procured by a domestic commerce between the several parts of this kingdom?

Friday, September 24, 2010

Part 1: Query 115

Might we not put a hand to the plough, or the spade, although we had no foreign commerce?

Thursday, September 23, 2010

Part 1: Query 121

Whether, if the arts of sculpture and painting were encouraged among us, we might not furnish our houses in a much nobler manner with our own manufactures?

Part 1: Query 114

Whether there is not a great difference between Holland and Ireland? And whether foreign commerce, without which the one could not subsist, be so necessary for the other?

Wednesday, September 22, 2010

Part 1: Query 113

Whether comfortable living doth not produce wants, and wants industry, and industry wealth?

Tuesday, September 21, 2010

Part 1: Query 112

Whether the dirt, and famine, and nakedness of the bulk of our people might not be remedied, even although we had no foreign trade? And whether this should not be our first care; and whether, if this were once provided for, the conveniences of the rich would not soon follow?

Monday, September 20, 2010

The Constitution of the United States: Amendment 10--Powers of the States and People

Ratified 12/15/1791
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

Query:
Do the individual States wield too much power? Why or why not?

Part 1: Query 111

Whether, as our trade is limited, we ought not to limit our expenses; and whether this be not the natural and obvious remedy?

Sunday, September 19, 2010

The Constitution of the United States: Amendment 9--Construction of Constitution

Ratified 12/15/1791
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

Query:
How might one citizen’s rights infringe upon another citizen’s rights, and how can we balance those rights?

Part 1: Query 110

Whether those who drink foreign liquors, and deck themselves and their families with foreign ornaments, are not so far forth to be reckoned absentees?

Saturday, September 18, 2010

The Constitution of the United States: Amendment 8--Cruel and Unusual Punishment

Ratified 12/15/1791
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

Query:
What is “cruel and unusual punishment”? In other words, does this mean that the punishment should fit the crime, or is the death penalty too cruel for even a cold-blooded killer? Explain.

Part 1: Query 109

Whether nations, as wise and opulent as ours, have not made sumptuary laws; and what hinders us from doing the same?

Friday, September 17, 2010

The Constitution of the United States: Amendment 7--Trial by Jury in Civil Cases

Ratified 12/15/1791
In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.

Query:
How might the seventh amendment be at least partially responsible for the overburdened U.S. judicial system?

Part 1: Query 108

How far the vanity of our ladies in dressing, and of our gentlemen in drinking, contributes to the general misery of the people?

Thursday, September 16, 2010

The Constitution of the United States: Amendment 6--Right to Speedy Trial, Confrontation of Witnesses

Ratified 12/15/1791
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.

Query:
While the right to a speedy trial and the right to counsel are ironclad rights, what often happens to poor or even middle class defendants? How might the legal representation of the rich differ from the representation of those of modest means?

Part 1: Query 107

What the nation gains by those who live in Ireland upon the produce of foreign Countries?

Wednesday, September 15, 2010

The Constitution of the United States: Amendment 5--Trial and Punishment, Compensation for Takings

Ratified 12/15/1791
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

Query:
What is “double jeopardy,” and why is the phrase “nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb” so important to the U.S. judicial system?

Part 1: Query 106

Whether it would not be more reasonable to mend our state than to complain of it; and how far this may be in our own power?

Tuesday, September 14, 2010

The Constitution of the United States: Amendment 4--Search and Seizure

Ratified 12/15/1791
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Query:
What is “probable cause”?

Part 1: Query 105

Whether, as our exports are lessened, we ought not to lessen our imports? And whether these will not be lessened as our demands, and these as our wants, and these as our customs or fashions? Of how great consequence therefore are fashions to the public?

Monday, September 13, 2010

The Constitution of the United States: Amendment 3--Quartering of Soldiers

Ratified 12/15/1791
No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.

Query:
If Amendment 3 did not exist, how might the lives of U.S citizens be different?

Part 1: Query 104

Whether large farms under few hands, or small ones under many, are likely to be made most of? And whether flax and tillage do not naturally multiply hands, and divide land into small holdings, and well-improved?

Sunday, September 12, 2010

The Constitution of the United States: Amendment 2--Right to Bear Arms

Ratified 12/15/1791
A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.

Query:
Had our forefathers been able to predict the evolution of arms (for example, the invention of powerful weapons, such as AK-47’s and even nuclear technology), would the second amendment be worded differently? If so, how? If not, why might an absolute freedom still be necessary?

Part 1: Query 103

Whether every landlord in the kingdom doth not know the cause of this? And yet how few are the better for such their knowledge?

Saturday, September 11, 2010

The Constitution of the United States: Amendment 1--Freedom of Religion, Press, Expression

Ratified 12/15/1791
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

Query:
Are these three freedoms absolute? If not, explain why and how these freedoms may or should be curtailed.
Note:
On this 9th anniversary of 9/11, the webmaster believes that the freedoms of religion, press, and expression are especially important. Our soldiers have died defending these freedoms, which extend to all citizens and foreigners residing in the U.S., no matter their beliefs and religion.

Please keep the First amendment in your heart.

Part 1: Query 102

Whether the county of Tipperary be not much better land than the county of Armagh; and yet whether the latter is not much better improved and inhabited than the former?

Friday, September 10, 2010

The Constitution of the United States: Article VII, Ratification

The Ratification of the Conventions of nine States, shall be sufficient for the Establishment of this Constitution between the States so ratifying the Same.
________________________________________

Done in Convention by the Unanimous Consent of the States present the Seventeenth Day of September in the Year of our Lord one thousand seven hundred and Eighty seven [1787] and of the Independence of the United States of America the Twelfth. In Witness whereof We have hereunto subscribed our Names.
Go Washington - President and deputy from Virginia

New Hampshire - John Langdon, Nicholas Gilman

Massachusetts - Nathaniel Gorham, Rufus King

Connecticut - Wm Saml Johnson, Roger Sherman

New York - Alexander Hamilton

New Jersey - Wil Livingston, David Brearley, Wm Paterson, Jona. Dayton

Pennsylvania - B Franklin, Thomas Mifflin, Robt Morris, Geo. Clymer, Thos FitzSimons, Jared Ingersoll, James Wilson, Gouv Morris

Delaware - Geo. Read, Gunning Bedford jun, John Dickinson, Richard Bassett, Jaco. Broom

Maryland - James McHenry, Dan of St Tho Jenifer, Danl Carroll

Virginia - John Blair, James Madison Jr.

North Carolina - Wm Blount, Richd Dobbs Spaight, Hu Williamson

South Carolina - J. Rutledge, Charles Cotesworth Pinckney, Charles Pinckney, Pierce Butler

Georgia - William Few, Abr Baldwin

Attest: William Jackson, Secretary
Query:
Overall, how well have the basic Articles of the Federation served the U.S.? Not served the U.S. well?

Part 1: Query 101

Whether anything can be more ridiculous than for the north of Ireland to be jealous of a linen manufacturer in the south?

Thursday, September 9, 2010

The Constitution of the United States: Article VI, Debts, Supremacy, Oaths

All Debts contracted and Engagements entered into, before the Adoption of this Constitution, shall be as valid against the United States under this Constitution, as under the Confederation.

This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.

The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution; but no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States.

Query:
Consider this last statement in Article VI:
...No religious Test shall ever be required as a Qualification to any Office or public Trust under the United States.
What, if any, repercussions should this statement have on an elected official's real or perceived religious affiliation? In addition, how relevant is an elected official's religious status? In light of the current "war on terror," should this part of article VI be changed to exclude certain "undesirable" elements? Why or why not?

Part 1: Query 100

Whether a mint in Ireland might not be of great convenience to the kingdom; and whether it could be attended with any possible inconvenience to Great Britain? And whether there were not mints in Naples and Sicily, when those kingdoms were provinces to Spain or the house of Austria?

Wednesday, September 8, 2010

The Constitution of the United States: Article V, Amendment

The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution, or, on the Application of the Legislatures of two thirds of the several States, shall call a Convention for proposing Amendments, which, in either Case, shall be valid to all Intents and Purposes, as part of this Constitution, when ratified by the Legislatures of three fourths of the several States, or by Conventions in three fourths thereof, as the one or the other Mode of Ratification may be proposed by the Congress; Provided that no Amendment which may be made prior to the Year One thousand eight hundred and eight shall in any Manner affect the first and fourth Clauses in the Ninth Section of the first Article; and that no State, without its Consent, shall be deprived of its equal Suffrage in the Senate.

Query:
Is this process, as spelled out by Article V, the ideal means for creating amendments to the constitution of the United States? Why or why not?

Part 1: Query 99

Whether it be not our true interest not to interfere with them; and, in every other case, whether it be not their true interest to befriend us?

Tuesday, September 7, 2010

The Constitution of the United States: Article IV, The States

Section 4 - Republican government
The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened) against domestic Violence.

Query:
From Wikipedia:
A republic is a form of government in which the people or some portion thereof retain supreme control over the government, and in which the head of government is not a monarch.
What are some advantages and disadvantages of being a republic?

Part 1: Query 98

Whether we are not as much Englishmen as the children of old Romans, born in Britain, were still Romans?

Monday, September 6, 2010

The Constitution of the United States: Article IV, The States

Section 3 - New States
New States may be admitted by the Congress into this Union; but no new States shall be formed or erected within the Jurisdiction of any other State; nor any State be formed by the Junction of two or more States, or parts of States, without the Consent of the Legislatures of the States concerned as well as of the Congress.

The Congress shall have Power to dispose of and make all needful Rules and Regulations respecting the Territory or other Property belonging to the United States; and nothing in this Constitution shall be so construed as to Prejudice any Claims of the United States, or of any particular State.

Query:
Should individual states or parts of states be allowed to secede from the union and set up their own laws and constitutions? Why or why not?

Part 1: Query 97

Whether the upper part of this people are not truly English, by blood, language, religion, manners, inclination, and interest?

Sunday, September 5, 2010

Part 1: Query 96

Whether it be not the true interest of both nations to become one people? And whether either be sufficiently apprised of this?

The Constitution of the United States: Article IV, The States

Section 2 - State citizens, Extradition
The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States.

A Person charged in any State with Treason, Felony, or other Crime, who shall flee from Justice, and be found in another State, shall on demand of the executive Authority of the State from which he fled, be delivered up, to be removed to the State having Jurisdiction of the Crime.

(No Person held to Service or Labour in one State, under the Laws thereof, escaping into another, shall, in Consequence of any Law or Regulation therein, be discharged from such Service or Labour, But shall be delivered up on Claim of the Party to whom such Service or Labour may be due.)

The above clause in parentheses is superseded by the 13th Amendment, as follows:

1. Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.

2. Congress shall have power to enforce this article by appropriate legislation.
Query:
Based on the substantial change made via the 13th Amendment, is the majority always correct? Why or why not?

Saturday, September 4, 2010

Part 1: Query 95

Whether our hankering after our woollen trade be not the true and only reason which hath created a jealousy in England towards Ireland? And whether anything can hurt us more than such jealousy?

The Constitution of the United States: Article IV, The States

Section 1 - Each State to Honor all others
Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State. And the Congress may by general Laws prescribe the Manner in which such Acts, Records and Proceedings shall be proved, and the Effect thereof.

Query:
Should states' rights be absolute? Why or why not?

Friday, September 3, 2010

Part 1: Query 94

Whether the employing so much of our land under sheep be not in fact an Irish blunder?

The Constitution of the United States: Article III, The Judicial Branch

Section 3 - Treason Note
Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court.

The Congress shall have power to declare the Punishment of Treason, but no Attainder of Treason shall work Corruption of Blood, or Forfeiture except during the Life of the Person attainted.

Query:
Should treason always be punishable by death? Why or why not?

Thursday, September 2, 2010

Part 1: Query 93

Whether it be not a sure sign or effect of a country's inhabitants? And, thriving, to see it well cultivated and full of; if so, whether a great quantity of sheep-walk be not ruinous to a country, rendering it waste and thinly inhabited?

The Constitution of the United States: Article III, The Judicial Branch

Section 2 - Trial by Jury, Original Jurisdiction, Jury Trials
(The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority; to all Cases affecting Ambassadors, other public Ministers and Consuls; to all Cases of admiralty and maritime Jurisdiction; to Controversies to which the United States shall be a Party; to Controversies between two or more States; between a State and Citizens of another State; between Citizens of different States; between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects.)

(The above section in parentheses is modified by the 11th Amendment, as follows: "The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State.")

In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the Supreme Court shall have original Jurisdiction. In all the other Cases before mentioned, the Supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make.

The Trial of all Crimes, except in Cases of Impeachment, shall be by Jury; and such Trial shall be held in the State where the said Crimes shall have been committed; but when not committed within any State, the Trial shall be at such Place or Places as the Congress may by Law have directed.

Query:
How might our system of Jury by Trial be improved?

Wednesday, September 1, 2010

Part 1: Query 92

Whether other countries have not flourished without the woollen trade?

The Constitution of the United States: Article III, The Judicial Branch

Section 1 - Judicial powers
The judicial Power of the United States, shall be vested in one Supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the Supreme and inferior Courts, shall hold their Offices during good Behavior, and shall, at stated Times, receive for their Services a Compensation which shall not be diminished during their Continuance in Office.

Query:
Should the term of Supreme Court Justice remain a lifetime appointment or should the appointment of Justice have a finite term, for example, ten years? Why or why not?