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| + | A '''Constitutional Republic''' is a state where the officials are elected as representatives of the people, and must govern according to existing constitutional law that limits the government's power over citizens. |
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| | + | A Constitutional Republic is the current form of government in the [[United States]]. However in recent years, many people have criticized the federal government for moving away from a Constitutional Republic, as defined by the [[Constitution]], and towards a pure [[democracy]].<ref>[http://www.house.gov/paul/congrec/congrec2003/cr012903.htm Sorry, Mr. Franklin, “We’re All Democrats Now”] - A speech by Dr. [[Ron Paul]] January 29, 2003</ref> |
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| | + | TeamLaw.org defines a Constitutional Republic as follows: |
| | + | <blockquote> |
| | + | A [[Republic]], by definition, has two principle elements. |
| | + | First, it is controlled by Law; therefore, it does not control Law. |
| | + | Second, it recognizes the private independent sovereign nature of each person (man or woman) of competent age and capacity; therefore, a Republic must be representative in its nature. |
| | + | </blockquote> |
| | + | <blockquote>A Republic recognizes [[Law]] is unchangeable, or at least that it can only be changed by a higher source than government. In a Republic the concept of “collective sovereignty” cannot exist, except with recognition that the State or nation, as a body of sovereigns, can speak through one elected voice; though that one voice can never lawfully interfere with the private rights of the individual sovereigns. |
| | + | </blockquote> |
| | + | <blockquote> |
| | + | “A Constitutional Republic” is a [[government]] created and controlled, at least, by the Law of a Constitution. The Constitution of the United States of America was, in Law, a foundation based on the [[Bible]], the [[Magna Carta]] and the [[Declaration of Independence]]. Those documents recognize man’s sovereignty, the divine nature of man’s creation and man’s divine right to [[Life]], [[Liberty]], the means of acquiring and possessing [[Property]], and the pursuit of happiness.<ref>[http://www.teamlaw.org/Government/ConstitutionalRepublic.htm Definition of a Constitutional Republic by teamlaw.org]</ref> |
| | + | </blockquote> |
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| | + | == Limits On Government == |
| | + | The purpose of a Constitutional Republic is to place limits on the tyranny of the majority. [[Alexis de Tocqueville]] wrote: |
| | + | <blockquote>If, on the other hand, a legislative power could be so constituted as to represent the majority without necessarily being the slave of its passions, an executive so as to retain a proper share of authority, and a judiciary so as to remain independent of the other two powers, a government would be formed which would still be democratic while incurring scarcely any risk of tyranny.<ref>[http://xroads.virginia.edu/~hyper/detoc/1_ch15.htm Democracy in America Chapter 15]</ref></blockquote> |
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| | + | The United States Constitution has many protections against the "tyranny of the majority." Specifically, it protects the [[Unalienable rights]] of the People from an overreaching government. For example: |
| | + | * Congress cannot establish a religion, or prohibit the free exercise thereof -- Amendment 1 |
| | + | * Congress cannot prohibit free speech -- Amendment 1 |
| | + | * Congress cannot infringe on the right to keep and bear arms -- Amendment 2 |
| | + | * Senators must be elected by the States, not the people -- annulled by Amendment 17 |
| | + | * Presidents must be elected by the Electoral College, not directly by the population |
| | + | * [[habeas corpus]] shall not be suspended, except during invasion or rebellion -- Article 1, Section 9 |
| | + | * No direct tax shall be placed on the people without apportionment -- Article 1, Section 9 - annulled by Amendment 16 |
| | + | * Anything not explicitly permitted to Congress by the Constitution is reserved for the States or the People -- Amendment 10 |
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| | + | == References == |
| | + | <references/> |
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| | + | == External Links == |
| | + | * [http://www.law.cornell.edu/constitution/constitution.table.html The United States Constitution] |
| | + | * [http://www.worldnetdaily.com/news/article.asp?ARTICLE_ID=42248 Are we a republic or a democracy?] by [[Walter E. Williams]] |
| | + | * [http://www.townhall.com/columnists/WalterEWilliams/2007/02/28/democracy_or_liberty Democracy or Liberty] by [[Walter E. Williams]] |
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| | + | [[category:United States Government]] |