Debates over the Constitution, then and since

Debates over the Constitution, then and since

Cold War crises: Korean Air Lines Flight 007 and “Able Archer 83”

“Is this a game, or is it real?”

– Quote from “WarGames” (1983), a fictional movie about a close call with nuclear war, which came out a few months before the first of these real-life crises

The Soviet Union shoots down Korean Air Lines Flight 007 …

In 1983, a Boeing 747 aircraft took off from JFK International Airport in New York City on the 30th of August. Its planned destination was Seoul in South Korea, but it was scheduled to make a stop in Anchorage, Alaska, and routinely did so on the following day (the 31st of August). But the aircraft actually never made it to its planned destination, because it was shot down the next day on the 1st of September. It was flying over prohibited Soviet airspace. The Soviets thus mistook it for an American spy plane, and sent up a Sukhoi SU-15 interceptor aircraft to shoot it down. The interceptor did the job with air-to-air missiles, and the aircraft quickly crashed into the Sea of Japan, near Moneron Island west of Sakhalin. All 269 passengers and crew were killed, including a United States Congressman from Georgia named Larry McDonald. Two weeks later, on the 15th of September, the Soviets actually found the wreckage under the sea; and in October, they even found the flight recorders. But they kept all of this secret for the next ten years, not releasing any of this until 1993. (I borrow some of the wording for this blog post from various parts of Wikipedia, which I must acknowledge here as a source.)

HL7442, the same plane that was shot down as “Korean Air Lines Flight 007”

A review of “The Dark Ages” (History Channel)

The term “Dark Ages” usually refers to the Early Middle Ages, if it is used at all …

People once used the term “Dark Ages” to refer to the entire Middle Ages. But now, when the term is used at all, it usually refers to just the Early Middle Ages – that is to say, the centuries immediately after the fall of the Roman Empire in the West. A number of people today have actually objected to the use of the term “Dark Ages” itself. But although the History Channel acknowledges the prevalence of this objection, it obviously does not agree with it, as it seems to make clear in this documentary. Whatever you call this period, though, it is clear that the fall of what Westerners today call the “Roman Empire” left chaos in its immediate wake.

How did Sir Edward Coke influence Sir William Blackstone?

In 1481 or 1482, Sir Thomas de Littleton wrote a then-famous work called “A Treatise on Tenures.” More than a century later, Sir Edward Coke commented on this work, by writing “The First Part of the Institutes of the Lawes of England, or a Commentary on Littleton” in 1628. More than a century after that, Sir William Blackstone discussed Coke’s work in the first volume of his “Commentaries on the Laws of England” in 1765. Coke is the person that Blackstone cited the most in the “Commentaries.” In this great work, Blackstone thus wrote a brief summary of Sir Edward Coke’s writings, to set up his esteemed source (whom he would use often throughout his work). He prefaced this summary with the following praise:

Sir Edward Coke

Lord Chief Justice Coke was “a man of infinite learning in his profession”

“Some of the most valuable of the ancient reports are those published by lord chief justice Coke; a man of infinite learning in his profession, though not a little infected with the pedantry and quaintness of the times he lived in, which appear strongly in all his works. However his writings are so highly esteemed, that they are generally cited without the author's name [footnote].” (Source: Blackstone’s “Commentaries,” Introduction, Section 3)

Sir Thomas de Littleton

Blackstone's summary of Sir Edward Coke ...

Blackstone then gave his brief summary of Sir Edward Coke's writings:

“ … the same learned judge we have just mentioned, Sir Edward Coke; who hath written four volumes of institutes, as he is pleased to call them, though they have little of the institutional method to warrant such a title. The first volume is a very extensive comment upon a little excellent treatise of tenures, compiled by judge Littleton in the reign of Edward the fourth. This comment is a rich mine of valuable common law learning, collected and heaped together from the ancient reports and year books, but greatly defective in method.” (Source: Blackstone’s “Commentaries,” Introduction, Section 3)

Sir Edward Coke

Why do we give patent-holders monopolies on the production of their product?

“[The Congress shall have the power] To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries … ”

– Article 1, Section 8, Paragraph 8 of the United States Constitution

Some say that it is “obscene” or “outrageous” to have life-saving technologies at our fingertips, which are expensive by reason of a patent monopoly. Patents involve monopolies which (admittedly) have some drawbacks to them, at least in the short term. Why, then, does society allow them? I will try to explain in this post.

What is “corruption of blood, or forfeiture” from an attainder of treason?

“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.”

– Article 3, Section 3, Paragraph 2 of the United States Constitution

The Constitution prevents Congress from “extending the consequences of guilt” beyond those who have actually committed the crimes …

In the Federalist Papers, James Madison once quoted a portion of the Constitution saying that 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 attained.” (Source: Federalist No. 43) He then commented upon this section, saying that “As treason may be committed against the United States, the authority of the United States ought to be enabled to punish it. But as new-fangled and artificial treasons have been the great engines by which violent factions, the natural offspring of free government, have usually wreaked their alternate malignity on each other, the convention have, with great judgment, opposed a barrier to this peculiar danger, by inserting a constitutional definition of the crime, fixing the proof necessary for conviction of it, and restraining the Congress, even in punishing it, from extending the consequences of guilt beyond the person of its author.” (Source: Federalist No. 43) Corruption of blood just meant impeding someone from inheriting, or passing on property to their own descendants as heirs, on account of a crime that they had committed (usually treason). It thus punished others besides the person guilty of the crime.

James Madison

The primary function of government is to protect our most basic rights

“And these [rights] may be reduced to three principal or primary articles ; the right of personal security, the right of personal liberty ; and the right of private property : because as there is no other known method of compulsion, or of abridging man's natural free will, but by an infringement or diminution of one or other of these important rights, the preservation of these, inviolate, may justly be said to include the preservation of our civil immunities in their largest and most extensive sense.”

– Sir William Blackstone's “Commentaries on the Laws of England” (1765), Book 1, Chapter 1

Sir William Blackstone believed that the most important function of government was to protect our basic rights, especially our three most basic rights. “The rights themselves thus defined by these several statutes ,” he said, “consist in a number of private immunities.” (Source: Book 1, Chapter 1) These immunities, he said, were formerly, “either by inheritance or purchase, the rights of all mankind ; but, in most other countries of the world being now more or less debased and destroyed, they at present may be said to remain, in a peculiar and emphatical manner, the rights of the people of England.” (Source: Book 1, Chapter 1)

Sir William Blackstone

Our most important rights are personal security, personal liberty, and private property

Blackstone added that these rights “may be reduced to three principal or primary articles ; the right of personal security, the right of personal liberty ; and the right of private property” (Source: Book 1, Chapter 1). Furthermore, “the preservation of these, inviolate, may justly be said to include the preservation of our civil immunities in their largest and most extensive sense.” (Source: Book 1, Chapter 1) Thus, an examination of these most basic rights would seem to be in order here. The very first chapter of the very first book of the “Commentaries” is called “Of the Absolute Rights of Individuals.” In it, he sets forth his theory of human rights. All quotations from the “Commentaries” in this particular blog post are from this first chapter of the first book. This volume was first published in 1765. This first chapter gives great insight into how he viewed human rights.

Coat of arms of Great Britain, 1714-1800