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CH 5]                                 Business 101                                     5-5



            majority but to the law; the Rule of Law. This is the essence of a Republic.    John Adams explains:
                The word democracy does not appear in our Declaration of Independence, nor in our   [D]emocracy will soon
            Constitution. The word democracy does not even appear in the language of the   degenerate into an anarchy,
            constitutions of the 50 states. The founders and framers did everything they could to keep   such an anarchy that every
            us from having a democracy.                                              man will do what is right in
                James Madison, rightly known as the father of our Constitution, wrote in Essay #10 of   his own eyes and no man’s
            the Federalist Papers, “…democracies have ever been spectacles of turbulence and   life or property or reputation
                                                                                     or liberty will be secure, and
            contention; have ever been found incompatible with personal security or the rights of   every one of these will soon
            property, and have in general been short in their lives as they have been violent in their   mould itself into a system of
            deaths.”                                                                 subordination of all the
                Alexander Hamilton agreed. He stated “We are a Republican Government, real liberty   moral virtues and
            is never found in despotism or in the extremes of democracy.”            intellectual abilities, all the
                Samuel Adams, a signer of our Declaration of Independence, stated “Democracy never   powers of wealth, beauty,
                                                                                     wit, and science, to the
            lasts long, it soon wastes, exhausts and murders itself.”                wanton pleasures, the
                The framers and founders looked upon democracy with contempt because they knew   capricious will, and the
            that the democracies in the early Greek city-states produced some of the wildest excesses   execrable [abominable]
            of government imaginable. In every case they ended up with mob rule, then anarchy, and   cruelty of one or a very few.
            finally tyranny under an oligarchy.
                Rome followed a different path by establishing a Republic with a standard of laws.   —The Papers of John Adams,
                                                                                          Robert J. Taylor, editor
            These laws allowed Rome to prosper, become wealthy, and the envy of the world as   (Cambridge: Belknap Press,
            government left the people alone. In the midst of plenty, the people forgot what freedom   1977), Vol. I, p,.83, “An Essay
            entailed; they forgot that the essence of freedom is the proper limitation of government.   on Man’s Lust for Power, with
            When governments power grows then the people’s freedom recedes. Once the Romans   the Author’s Comment in
                                                                                         1807,” August 29, 1763,
            dropped their guard, it was the power-seeking politicians that exceeded the powers granted
            them in the Roman constitution. The people learned that they could elect politicians who
            would use government to take property from some and give it to others. Agriculture
            subsidies were introduced followed by housing and welfare programs; inevitably taxes rose
            and controls over the private sector rose. So, the private sector could not make enough           5
            profit to stay in business and they closed their businesses and went on the public dole.
            Productivity declined, shortages developed and mobs began roaming the streets demanding
            bread and entertainment from the government; and many were induced to trade their
            freedom for security. Eventually the whole Roman system collapsed going from a
            Republic, to a Democracy, ending up with an oligarchy under the progression of the
            Caesar’s.
                Thus, a democracy is not a stable form of government but a gradual
            transition from limited government to the unlimited rule of the oligarchy with
            a dictator.
                So, which will you choose, a Republic or a Democracy ruled by an
            Oligarchy? Think on these words from Benjamin Franklin: "Those who
            would give up essential Liberty, to purchase a little temporary Safety, deserve
            neither Liberty nor Safety."

            Sources of Law in the United States
                Jewish Law.  Law started when society started, but the deepest root of
            our modern law is Jewish Law of roughly 1500 B.C. and thereafter. As was
            the case with all legal systems to that time, Jewish Law was an inextricable
            mixture of religious and secular law.
                The basic law of the Jewish nation, its “constitution,” was the Torah, or
            first five books of the Old Testament. The heart of the Torah was the Ten
            Commandments. (Exodus, XX, 1-17.) Although some see these as religious
            mandates, they are the basis  of principles of secular law.  “Thou shalt not
            murder” recognizes the right of personal security. “Honor thy father and thy
            mother, that thy days  may be long upon the land which the Lord thy God
            giveth thee” and “Thou shalt not commit adultery” seek to sanctify and
            protect family institutions and domestic relations. “Thou shalt not steal” and
            “Thou shalt not covet thy  neighbor's house; thou shalt not covet they
            neighbor’s wife, nor his manservant, nor his maidservant, nor his ox, nor his
            ass, nor anything that is thy neighbor's” recognizes rights of private
            ownership and the right to  be secure therein; though the United States
            Supreme court indicated in Kelo v. City of New London in June of 2005 that   Moses with the tablets of law—Rembrandt


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