Here are some articles related to Law,  Military law, Evidence, Papal infallibility, Inquisition, Human rights, SP and SP act  etc., that we put together during the research phase of 'Commodore's Law'

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Britannica Concise (online)

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Technical Dictionary (online)

 

Law

 

civil law   
Related: Codes

as used in this article, a modern legal system based upon Roman law , as distinguished from common law . Civil law is based on written legal codes, a hallmark of the Roman legal system, in which disputes were settled by reference to a written legal code arrived at through legislation, edicts, and the like; common law is based on the precedents created by judicial decisions over time. The tendency in civil law is to create a unified legal system by working out with maximum precision the conclusions to be drawn from basic principles. The civil law judge is bound by the provisions of the written law. The traditional civil law decision states the applicable provision from the code or from a relevant statute , and the judgment is based upon that provision.     With a few exceptions, the countries on the continent of Europe, the countries that were former colonies of such continental powers (e.g., the Latin American countries), and other countries that have recently adopted Western legal systems (e.g., Japan) follow civil law. It is also the foundation for the law of Quebec prov. and of Louisiana. Modern countries that do not adhere to the civil law (this includes Great Britain and all the United States except Louisiana) for the most part were colonized by England and apply the system of common law prevailing there.

    In general usage, civil law also means the rules that govern private legal affairs; in this sense it contrasts with criminal law and, to a lesser degree, public law.

 

 

civil law 
Section: History
Related: Codes

    The law that had been in force throughout the Roman Empire when it controlled most of Europe and the Middle East was to some extent supplanted by Germanic laws when Germanic tribes carried out their great conquests. The principle of personal (as opposed to territorial) law was observed by the invaders, however, and thus the former Roman subjects and their descendants were permitted to follow the Roman law ( leges romanorum ) in their affairs with one another. The great Corpus Juris Civilis of Justinian, compiled in the 6th cent. AD and in use in the Byzantine Empire, served also to keep the old law alive. The medieval church, too, was an important guardian of Roman law, for much of the law used by the church was based upon Roman principles and concepts. Germanic law, although at first adequate, did not have legal concepts that suited the commercial requirements of the late Middle Ages, and there was then heavy borrowing of Roman ideas.

    As part of a concurrent revival of interest in classical culture, the late 11th and the 12th cent. saw the resumption of systematic study of Roman law, chiefly in N Italy (notably at Bologna, where Irnerius gave the first lectures in Roman law), in S France, and in Spain. Extensive glosses and commentaries on the Corpus Juris Civilis and on other classical texts were produced. Through the agency of scholars and of judges trained in Roman law principles, these principles (though strongly modified) came to be observed in national courts in all classes of legal disputes, although for a long time courts of local jurisdiction continued to enforce customary law. Scholars of Roman law enjoyed increasing prestige; by 1500 the Corpus Juris Civilis had become the basis of legal science throughout Western Europe. The next step, emulating the systematizing of Justinian, was to state these principles in exact, ordered form, i.e., as a code . The Code Napoléon (1804), the most famous of such works, had many successors.

    In England there was some interest in Roman law during the Renaissance; there, however, the early centralization of the legal system and the existence of an independent class of lawyers with an interest in the law as administered in the courts ensured the triumph of the common law. Nevertheless, civil law influenced the common law in the fields of admiralty law, testamentary law, and domestic relations, and civil law became part of the basis for the system of equity .

 

 

criminal law   
Related: Codes
the branch of law that defines crimes, treats of their nature, and provides for their punishment. A tort is a civil wrong committed against an individual; a crime, on the other hand, is regarded as an offense committed against the public, even though only one individual may have been wronged. The real distinction lies in the way a remedy for the wrong is pursued. A tort is a wrong for which the remedy is pursued by, and at the discretion of, the injured individual or his or her representative, while a crime is a wrong for which the wrongdoer is prosecuted by the state for the purpose of punishment. However, the fact that a particular act has been or may be prosecuted as a crime does not necessarily preclude an injured party from seeking recovery from the offender in a civil action.     For an account of criminal law in ancient and medieval times, see composition ; vendetta . See also military law ; martial law ; international law ; piracy ; war crimes .

 

Military law

 

Court-martial 

Military court for hearing charges brought against members of the armed forces or others within its jurisdiction; also, the legal proceeding of such a court. Most countries today have military codes of justice administered by military courts, often subject to civilian appellate review. Courts-martial are generally convened as ad hoc courts to try one or more cases referred by some high military authority. The convening officer chooses officers, and sometimes enlisted personnel, from his or her command to sit on the court, determine guilt or innocence, and hand down sentences. See also military law.

 

martial law   
Related: Codes
temporary government and control by military authorities of a territory or state, when war or overwhelming public disturbance makes the civil authorities of the region unable to enforce its law. Martial law refers to rule by the domestic army only; the rule of occupied territory by an invading army is known as military government . During a war, a nation may invoke martial law in some or all of its territory as part of the war effort. Martial law is also applied in serious cases of internal dissension; the army authorities may take over the administrative and judicial functions, and civil safeguards (e.g., habeas corpus and freedom of speech) may also be suspended. Where the civil courts remain open, even if their orders are executed by the military, martial law is not applicable. In the United States the federal government is limited in applying martial law by the provision of Article 1, Section 9, Subsection 2, of the Constitution, which concerns the suspension of habeas corpus. In most U.S. states, martial law may be proclaimed when deemed necessary for the public's safety. However, the U.S. Supreme Court in ex parte Milligan (1866) ruled that military trial of civilians when the civil courts were functioning was unconstitutional. Martial law, which applies to all persons, civil and military, in the area is to be distinguished from military law , the system of rules of government applying only to those in military service.

 

military law   
Related: Codes
system of rules established for the government of persons in the armed forces. In most countries the legislature establishes the code of military law. It is distinguished from both martial law (rule by domestic military forces over an area) and military government (rule by the military over occupied foreign territory). The scope of military law differs somewhat in peace and in war. In time of peace it is generally limited to military offenses e.g., absence without leave, desertion, breach of orders; during war it usually extends to crimes of a civil nature as well, and the penalties may be more severe.

 

Military law

Law prescribed by statute for governing the armed forces and their civilian employees. It in no way relieves military personnel of their obligations to their country's civil code or to the codes of international law. Mutiny, insubordination, desertion, misconduct, and other offenses injurious to military discipline constitute violations of military law; offenders may be subject to court-martial. Lesser offenses may be penalized summarily by a commanding officer (e.g., through the withdrawal of privileges or the cancellation of liberty)

 

 

military law 
Section: The Uniform Code of Military Justice
Related: Codes

 

    Regular systems of military law existed in ancient Rome, with severe penalties for such offenses as desertion. In the Middle Ages procedures were less regularized, but written codes began to appear. The origin of much military law is found in the codes and statutes enacted in England in the 17th cent. These were substantially adopted in the United States.

    It was widely felt after World War II that many abuses had occurred in the administration of American military justice and that excessively severe sentences had been imposed, especially on the enlisted ranks. The armed forces responded by establishing civilian review boards, which recommended reduction of the punishment inflicted on a large percentage of those convicted (some 100,000) by general court-martial during the war. In 1951, Congress extensively revised the codes of military law enacting a uniform code of military justice for all branches of the armed services. This code placed operations more in the hands of professional lawyers and ensured fairer review procedures.

    An important change permitted an enlisted person tried by a general court-martial to demand that one third of the court be composed of enlisted personnel. The uniform code defines the offenses for which a person under the jurisdiction of the armed forces may be subjected to court-martial. In addition to allowing punishments by the commanding officer, including confinement not to exceed one week, the code establishes three levels of court-martial. The summary court-martial consists of a single officer, and may impose a maximum penalty of imprisonment for one month. The special court-martial consists of at least three officers and may impose a prison sentence of up to six months. The general court-martial is composed of five members and one law officer who must be a trained lawyer admitted to practice before a state's highest court. The general court-martial may impose any authorized sentence including dishonorable discharge or death.

    One of the principal differences between the procedure in court-martial and in criminal cases in civil courts is the absence of a jury. Cases are decided by a vote of two thirds or three fourths of the court, depending on the severity of the offense. For the death penalty, the vote must be unanimous. The accused is permitted to have counsel, to compel the attendance of witnesses, and to enjoy the usual protections of the law of evidence.

Evidence

 

evidence 
Section: The Role of Evidence in a Trial; Burdens of Proof
Related: Law

    In criminal trials, the prosecution has to prove each element necessary to its case beyond a reasonable doubt. In civil trials, on the other hand, a party has the burden only of proving affirmative contentions by a preponderance of the evidence. Thus the plaintiff must offer some proof of each of the elements that combine to constitute the defendant's alleged wrong (see procedure ), while the defendant must prove his or her affirmative defenses, e.g., in a suit for negligence , that the plaintiff's own negligence contributed to the injury.

    Satisfying the burden of proof requires the prosecutor or the plaintiff to present evidence first. At the close of this presentation the criminal or civil defendant may move for acquittal or a non-suit if admissible evidence supporting necessary contentions has not been offered. Proof may be dispensed with when an adversary formally admits a fact either in the pleadings or in court, or when the court may take judicial notice of the fact, i.e., when the fact is universally known or is easily ascertainable by the judge beyond reasonable dispute.

    In recent years the problems of procuring evidence have been eased somewhat by the introduction of broader discovery (i.e., disclosure) rules. In civil cases, these rules compel each party to a suit to allow the other to have access to its witnesses and to certain types of evidence before the trial. In criminal cases, the judge has the discretionary power to order discovery; in any event, the prosecutor must release all exculpatory evidence on request.

    Allegedly damaging errors in the admission of evidence are reviewable on appeal if an objection was made during the trial. In their final summing up, the attorneys may make any assertion that is supported to some degree by evidence. British judges and U.S. federal and, in some jurisdictions, state judges are permitted to comment on the credibility of the witnesses and the weight of the evidence. However, the judge must tell the jury that they are not bound by his or her remarks.

    See also verdict .

 

evidence   
Related: Law
in law, material submitted to a judge or a judicial body to resolve disputed questions of fact. The rules discussed in this article were developed in England for use in jury trials. Today, they are generally observed in all countries having the common law , although they have been extensively modified by statute in some jurisdictions. The first juries were not neutral triers of fact; rather they were convened because of their immediate knowledge of the dispute before the court. Later, the practice developed of having witnesses testify before an impartial jury. The groundwork of the rules of evidence was laid between 1500 and 1700.

 

evidence 
Section: The Role of Evidence in a Trial; Burdens of Proof
Related: Law

    In criminal trials, the prosecution has to prove each element necessary to its case beyond a reasonable doubt. In civil trials, on the other hand, a party has the burden only of proving affirmative contentions by a preponderance of the evidence. Thus the plaintiff must offer some proof of each of the elements that combine to constitute the defendant's alleged wrong (see procedure ), while the defendant must prove his or her affirmative defenses, e.g., in a suit for negligence , that the plaintiff's own negligence contributed to the injury.

    Satisfying the burden of proof requires the prosecutor or the plaintiff to present evidence first. At the close of this presentation the criminal or civil defendant may move for acquittal or a nonsuit if admissible evidence supporting necessary contentions has not been offered. Proof may be dispensed with when an adversary formally admits a fact either in the pleadings or in court, or when the court may take judicial notice of the fact, i.e., when the fact is universally known or is easily ascertainable by the judge beyond reasonable dispute.

    In recent years the problems of procuring evidence have been eased somewhat by the introduction of broader discovery (i.e., disclosure) rules. In civil cases, these rules compel each party to a suit to allow the other to have access to its witnesses and to certain types of evidence before the trial. In criminal cases, the judge has the discretionary power to order discovery; in any event, the prosecutor must release all exculpatory evidence on request.

    Allegedly damaging errors in the admission of evidence are reviewable on appeal if an objection was made during the trial. In their final summing up, the attorneys may make any assertion that is supported to some degree by evidence. British judges and U.S. federal and, in some jurisdictions, state judges are permitted to comment on the credibility of the witnesses and the weight of the evidence. However, the judge must tell the jury that they are not bound by his or her remarks.

 

evidence 
Section: Admissible Evidence
Related: Law

 

    Evidence is often presented in a tense, emotional atmosphere in a courtroom long after the event in question took place. The object of the law of evidence is to assure a high probability that questions of fact are resolved correctly. To that end, material introduced at the trial is ordinarily restricted to items of great probative value; that which may arouse unreasoning passion is ordinarily excluded. The nature of the legal controversy and the written pleadings determine what assertions of fact each party must prove or disprove to win the case, and an item of evidence that at best has a remote bearing on the factual issues must be excluded as irrelevant or immaterial. A judge prefers direct evidence (such as an official document or a witness's assertion of immediate knowledge of the question at issue) to indirect or circumstantial evidence, which merely tends to establish the issue by proving surrounding circumstances from which the principal fact may be inferred.

    In addition to being relevant, evidence must be competent, i.e., it must not fall under an exclusionary rule. Obviously if the evidence is documentary (e.g., a birth certificate introduced to prove a person's age) or if it is “real” (e.g., a bloody garment exhibited to prove that the victim suffered injury), there can be a question only whether the proffered evidence is itself incompetent. The courtroom presentation of documentary evidence has been complicated by new computer technologies and the digitalization of information, which make the successful forging of texts and photographs far easier than previously.

evidence 
Section: Witnesses
Related: Law

    Most evidence is offered by witnesses who testify before the court. Here, the question of the witness's personal competency must be resolved; it must be shown that the witness was able to know, understand, and remember the matters on which he or she is to be examined. Thus, a witness must possess the sensory faculties needed to apprehend the facts reported and must not be considered mentally ill or incompetent. Children offered as witnesses are examined by the judge to determine their intelligence and understanding.

    The witness is first directly examined by the party who offers him or her, then is cross-examined by the adversary. No witness may express an opinion on any matter when the jury can draw its own conclusions from the facts; but on technical questions an expert witness (e.g., a physician) may state an opinion. Hearsay declarations (e.g., testimony concerning a statement made out of court by a person not now before the court) usually are excluded on the grounds that the person who made the statement is not available for cross-examination or for evaluation by the judge or jury. Only when the circumstances of the statement afford a high probability of its truth may it be admitted.

    A witness may be excused from testifying about certain matters if he or she pleads personal privilege. In general, information confided in the course of the relations of attorney and client, priest and penitent, physician and patient, and husband and wife is subject to this privilege. In some jurisdictions such witnesses are incompetent to testify (cannot testify). Witnesses are further protected by the Fifth Amendment privilege of withholding evidence that might be self-incriminating. Criminal defendants have the privilege of refusing to take the witness stand (in which case the jury may make no negative assumptions concerning the reasons for such a refusal) and, in most situations, evidence of previous criminal convictions is inadmissible. Under the common law, parties to a civil suit and the defendant in a criminal action were not permitted to testify, but these rules have been abandoned.

Papal infallibility, Inquisition

papacy   
Related: Roman Catholic
(pa´pese) , office of the pope, head of the Roman Catholic Church. He is pope by reason of being bishop of Rome and thus, according to Roman Catholic belief, successor in the see of Rome (the Holy See) to its first bishop, St. Peter . The pope therefore claims to be the shepherd of all Christians and representative (vicar or vicegerent) of Christ. The claim of Petrine supremacy and (by virtue of Peter's connection to Rome) Roman supremacy, is based on Matthew 16:18-19. Papal supremacy is not acknowledged outside the Roman Catholic Church. That church further holds that God will not permit the pope to make an error in a solemn official declaration concerning a matter of faith or morality (see infallibility ).     The pope is also patriarch of the West; the great majority, although not all, of the Christians recognizing his authority as pope are also under his authority as patriarch . This question of areas of authority is practical only with regard to some of the Eastern-rite patriarchs who may, for example, appoint bishops without papal confirmation. The pope generally lives in Rome, of which a portion (Vatican City) is politically independent and under his rule; the pope is thus head of a state and owes no political allegiance (see Vatican ; Rome ; cardinal ; papal election ).

    For a chronological list of popes and antipopes see the table entitled Popes of the Roman Catholic Church . For the ecclesiastical framework, the teaching, the history, and the geographical distribution of the church, see Roman Catholic Church . See also Christianity .

 

infallibility   
Related: Roman Catholic
(infalebil´ete) , in Christian thought, exemption from the possibility of error, bestowed on the church as a teaching authority, as a gift of the Holy Spirit. It has been believed since the earliest times to be guaranteed in such scriptural passages as John 14.16,17. The analogous attribute of the Bible is usually called inerrancy. Protestants widely reject infallibility of the church. The Orthodox Eastern Church holds that only the church, taken as an integral community and spiritual body guided by the Holy Spirit, is infallible. Roman Catholics hold that the infallibility of the church is vested in the pope, when he speaks ex cathedra (i.e., from the chair of Peter, as the visible head of the church) on matters of faith and morals. Definitive pronouncements resulting from an ecumenical council, when ratified by the pope, are also held to be infallible. The pope speaks ex cathedra only rarely and after long deliberation. The dogma of papal infallibility was enunciated by the First Vatican Council (1870).

 

Inquisition   
Related: Roman Catholic
(inkwizish´en) , tribunal of the Roman Catholic Church established for the investigation of heresy.

Sections in this article:
  Introduction
 
  The Spanish Inquisition
  Bibliography
Inquisition 
Section: The Medieval Inquisition
Related: Roman Catholic

    In the early Middle Ages investigation of heresy was a duty of the bishops. Alarmed especially by the spread of Albigensianism (see Albigenses ), the popes issued increasingly stringent instructions as to the methods for dealing with heretics. Finally, in 1233, Pope Gregory IX established the papal Inquisition, dispatching Dominican friars to S France to conduct inquests.

    When an inquisitor arrived, a month of grace was allowed to all who wished to confess to heresy and to recant; these were given a light penance, which was intended to confirm their faith. After the period of grace, persons accused of heresy who had not abjured were brought to trial. The defendants were not given the names of their accusers, but they could name their enemies and thus nullify any testimony by these persons. After 1254 the accused had no right to counsel, but those found guilty could appeal to the pope. The trials were conducted secretly in the presence of a representative of the bishop and of a stipulated number of local laymen. Torture of the accused and his witnesses soon became customary and notorious, despite the long-standing papal condemnation of torture (e.g., by Nicholas I); Innocent IV ultimately permitted torture in cases of heresy.

    Most trials resulted in a guilty verdict, and the church handed the condemned over to the secular authorities for punishment. Burning at the stake was thought to be the fitting punishment for unrecanted heresy, probably through analogy with the Roman law on treason. However, the burning of heretics was not common in the Middle Ages; the usual punishments were penance, fine, and imprisonment. A verdict of guilty also meant the confiscation of property by the civil ruler, who might turn over part of it to the church. This practice led to graft, blackmail, and simony and also created suspicion of some of the inquests. Generally the inquisitors were eager to receive abjurations of heresy and to avoid trials. Secular rulers came to use the persecution of heresy as a weapon of state, as in the case of the suppression of the Knights Templars .

    The Inquisition was an emergency device and was employed mainly in S France, N Italy, and Germany. In 1542, Paul III assigned the medieval Inquisition to the Congregation of the Inquisition, or Holy Office. This institution, which became known as the Roman Inquisition, was intended to combat Protestantism, but it is perhaps best known historically for its condemnation of Galileo. After the Second Vatican Conference, it was replaced (1965) by the Congregation for the Doctrine of the Faith, which governs vigilance in matters of faith.

Inquisition 
Section: The Spanish Inquisition
Related: Roman Catholic

 

    The Spanish Inquisition was independent of the medieval Inquisition. It was established (1478) by Ferdinand and Isabella with the reluctant approval of Sixtus IV. One of the first and most notorious heads was Tomas de Torquemada . It was entirely controlled by the Spanish kings, and the pope's only hold over it was in naming the inquisitor general. The popes were never reconciled to the institution, which they regarded as usurping a church prerogative.

    The purpose of the Spanish Inquisition was to discover and punish converted Jews (and later Muslims) who were insincere. However, soon no Spaniard could feel safe from it; thus, St. Ignatius of Loyola and St. Theresa of Ávila were investigated for heresy. The censorship policy even condemned books approved by the Holy See. The Spanish Inquisition was much harsher, more highly organized, and far freer with the death penalty than the medieval Inquisition; its autos-da-fé became notorious. The Spanish government tried to establish the Inquisition in all its dominions; but in the Spanish Netherlands the local officials did not cooperate, and the inquisitors were chased (1510) out of Naples, apparently with the pope's connivance. The Spanish Inquisition was finally abolished in 1834.

human rights 

 

human rights   
Related: International Law
universal rights held to belong to individuals by virtue of their being human, encompassing civil, political, economic, social, and cultural rights and freedoms, and based on the notion of personal human dignity and worth. Conceptually derived from the theory of natural law and originating in Greco-Roman doctrines, the idea of human rights appears in some early Christian writers' works and is reflected in the Magna Carta (1215). The concept winds as a philosophical thread through 17th- and 18th-century European and American thought, including the Declaration of Independence (1776) and the French Declaration of the Rights of Man and Citizen (1789). The United Nation's Commission on Human Rights, with Eleanor Roosevelt as chair, created the UN's Universal Declaration of Human Rights (1948), which reasserted the concept of human rights after the horrors of World War II. Human rights have since become a universally espoused yet widely disregarded concept.     Organizations such as Amnesty International and Human Rights Watch promote human rights and denounce human-rights abuses. In addition, such abuses around the world are monitored and documented by independent investigators ( “special rapporteurs” ) appointed by the UN Human Rights Commission, which, in turn, rebukes cited nations for their human-rights failures. The charging in 1998 by a Spanish court of former Chilean president Augusto Pinochet with human-rights violations and the 1999 British ruling that he could be extradited to Spain, as well as the indictment and arrest (2000) in Senegal of former Chadian president Hissène Habré for human-rights violations during his presidency (although charges were later dropped), were regarded as steps forward in the international protection of human rights.

    See also civil rights ; war crimes .

 

 

 

Declaration of Independence 
Section: The Road to Its Adoption
Related: United States History

    Official acts that colonists considered infringements upon their rights had previously led to the Stamp Act Congress (1765) and to the First Continental Congress (1774), but these were predominantly conservative assemblies that sought redress from the crown and reconciliation, not independence. The overtures of the First Continental Congress in 1774 came to nothing, discontent grew, and as the armed skirmishes at Lexington and Concord (Apr. 19, 1775) developed into the American Revolution, many members of the Second Continental Congress of Philadelphia followed the leadership of John Hancock, John Adams, and Samuel Adams in demanding independence.

    The delegates from Virginia and North Carolina were in fact specifically instructed on independence and on June 7, 1776, Richard Henry Lee called for a resolution of independence. On June 11, John Adams, Benjamin Franklin, Thomas Jefferson, Robert R. Livingston, and Roger Sherman were instructed to draft such a declaration; the actual writing was entrusted to Jefferson. The first draft was revised by Franklin, Adams, and Jefferson before it was sent to Congress, where it was again changed. That final draft was adopted July 4, 1776, and Independence Day has been the chief American patriotic holiday ever since. It is interesting to note, however, that the July 4 document is merely a fuller statement justifying the resolution of independence adopted by Congress July 2, 1776.

Declaration of Independence 
Section: The Declaration and Its Importance
Related: United States History

    The Declaration of Independence is the most important of all American historical documents. It is essentially a partisan document, a justification of the American Revolution presented to the world; but its unique combination of general principles and an abstract theory of government with a detailed enumeration of specific grievances and injustices has given it enduring power as one of the great political documents of the West. After stating its purpose, the opening paragraphs (given here in the form used in the engrossed copy) assert the fundamental American ideal of government, based on the theory of natural rights , which had been held by, among others, John Locke, Emerich de Vattel, and Jean Jacques Rousseau.

    “We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed,That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness. Prudence, indeed, will dictate that Governments long established should not be changed for light and transient causes; and accordingly all experience hath shewn, that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security.”

    Then follows an indictment of George III for willfully infringing those rights in order to establish an “absolute Tyranny” over the colonies. The document states that colonial patience had achieved nothing and therefore the colonists found themselves forced to declare their independence. The stirring closing paragraph is the formal pronouncement of independence and is borrowed from the resolution of July 2.

    “We, therefore, the Representatives of the united States of America, in General Congress, Assembled, appealing to the Supreme Judge of the world for the rectitude of our intentions, do, in the Name, and by Authority of the good People of these Colonies, solemnly publish and declare, That these United Colonies are, and of Right ought to be Free and Independent States; that they are Absolved from all Allegiance to the British Crown, and that all political connection between them and the state of Great Britain, is and ought to be totally dissolved; and that as Free and Independent States, they have full Power to levy War, conclude Peace, contract Alliances, establish Commerce, and to do all other Acts and Things which Independent States may of right do. And for the support of this Declaration, with a firm reliance on the protection of divine Providence, we mutually pledge to each other our Lives, our fortunes and our sacred Honor.”

Madison, James 
Section: Master Builder of the Constitution
Related: United States History Biographies

 

    Madison played important role in bringing about the conference between Maryland and Virginia concerning navigation of the Potomac. The meetings at Alexandria and Mt. Vernon in 1785 led to the Annapolis Convention in 1786, and at that conference he endorsed New Jersey's motion to call a Constitutional Convention for May, 1787. With Alexander Hamilton he became the leading spokesman for a thorough reorganization of the existing government, and his influence on the Virginia plan, which advocated a strong central government, is evident.

    At the convention his skills in political science and his persuasive logic made him the chief architect of the new governmental structure and earned him the title “master builder of the Constitution.” His journals are the principal source of later knowledge of the convention. He fought to get the Constitution adopted. He contributed with Alexander Hamilton and John Jay to the brilliantly polemical papers of The Federalist , and in Virginia he led the forces for the Constitution against the opposition of Patrick Henry and George Mason .

 

Constitutional Convention 
Section: The Road to the Convention
Related: United States History

 

    The government adopted by the Thirteen Colonies in America (see Confederation, Articles of , and Continental Congress ) soon showed serious faults. Congress, powerless to enforce its legislation, was unable to obtain adequate financial support. Although its achievements were not so inconsiderable as has been commonly thought, Congress was, on the whole, impotent, and federal authority was too weak to be of consequence. The central government also was unable to require fulfillment of any obligations it entered into with foreign nations.

    Severe economic troubles produced radical economic and political movements, such as Shays's Rebellion . The monetary schemes of the states brought floods of paper money, which some of the states, notably Rhode Island, attempted to force creditors to accept. The threat to economic stability alarmed the wealthy conservative class; the merchants, who found the state tariffs not to their liking, were also harassed by the impossibility of making stable agreements with the English merchants. They were anxious to have a stronger federal government to guarantee order and property rights. The men who had money invested in Western territories also favored a stronger federal government controlling the territories. Therefore, agitation for the adoption of a stronger union grew steadily in force.

    Its advocates were zealous. James Madison and George Washington in Virginia, Alexander Hamilton in New York, and James Wilson (1742-98) and Benjamin Franklin in Pennsylvania all favored some new scheme. The pamphlet of Pelatiah Webster was important, although it has been, perhaps, overemphasized by enthusiasts; feeling for union was general.

    It was chiefly through the efforts of Madison that Virginia and Maryland agreed to a conference concerning navigation on the Potomac. The conference met in 1785 at Alexandria and at Mt. Vernon, but it was discovered that no agreements could be reached without the concurrence of Pennsylvania and Delaware. The upshot was the calling of a general convention of the states to discuss commercial problems.

    This met at Annapolis in Sept., 1786, but delegates from only five statesVirginia, Pennsylvania, New York, New Jersey and Delawarearrived. The delegates therefore announced the calling of a general convention to revise the Articles of Confederation, to meet at Philadelphia in May, 1787. Notice was sent to Congress, but the new convention was launched as an extralegal body; cautious Congressional endorsement came only after five states had already selected their delegates.

 

Constitutional Convention 
Section: The Constitution Emerges
Related: United States History

 

    The convention at Philadelphia drew up one of the most influential documents of Western world history, the Constitution of the United States. All the states except Rhode Island sent representatives. The delegates mainly came from the wealthier and more conservative ranks of society and included, besides Washington and the other proponents already mentioned, such leaders as Edmund Randolph , Gouverneur Morris , Robert Morris, William Paterson , Charles Pinckney , Charles Cotesworth Pinckney , Abraham Baldwin , Luther Martin , and Roger Sherman .

    Washington was elected to preside, and the convention immediately set about drawing up a new scheme of government. However, it found itself faced with a rift: the smaller states wanted to retain their power, and the larger states wanted to have power determined by population. It was agreed that the new Congress should be made an effective body, but as to its composition there was great difference of opinion.

    The fundamental question was the apportionment of power in the new government. Edmund Randolph offered a plan known variously as the Randolph, the Virginia, or the Large-State Plan; it provided for a bicameral legislature, with the lower house elected according to population and the upper house elected by the lower. William Paterson offered the New Jersey, or the Small-State, Plan; it provided for equal representation of states in Congress. Neither the large states nor the small states would yield, and for a time it seemed that the convention would founder. Oliver Ellsworth and Roger Sherman put forward a compromise measure that gradually won approval; this provided for a lower house to be elected according to population (the House of Representatives) and an upper house to be chosen by the states (the Senate). This initial compromise defused the threat of a walkout by the small states, and the convention settled down to complete its task.

    It was agreed that Congress should have the power to levy direct but not indirect taxes. The matter of counting slaves in the population for figuring representation was settled by a compromise agreement that established that three fifths of the slaves should be counted in apportioning representation; slaves were to be treated as property in assessing taxes. Controversy over abolishing the importation of slaves ended with agreement that the importation should not be forbidden before 1808. There were, naturally, many other points of argument, and some of the delegates were so disgusted that they went home and later led the fight in their states against the ratification of the Constitution.

    James Madison was responsible for much of the substance of the Constitution, but the style was the work of Gouverneur Morris. The convention was in session until Sept. 17, 1787, and the document was then sent to the states for ratification. Delaware ratified it first, on Dec. 7 of that year. There were serious struggles in most of the states (see Federalist, The ; Federalist party ), especially since the convention had obviously gone beyond its mandate merely to amend the Articles of Confederation.

    North Carolina and Rhode Island rejected the Constitution, but the majority clause brought the Constitution into force without them by the end of June, 1788, and they were later forced to accept it. The thesis, associated with the name of Charles Austin Beard , that the Constitution was framed solely to further the economic interest of special groups, notably creditors, land speculators, and holders of public securities, has not been generally accepted by historians.

SP and SP Acts

 

Def:

"A SUPPRESSIVE PERSON or GROUP is one that actively seeks to suppress or damage Scientology™  or a Scientologist by Suppressive Acts. "    LRH

Comment: Real Why?
The above legal definition of SP is very subjective and sets the 'High Crime' section up for being possibly the  "REAL WHY' for a lot of troubles and controversy.  In law you have "legally insane" as a narrow, non medical definition. The SP definition here is the "Legally SP" and not clearly based on any technical facts. Thus it is used as a label you can put on opponents and enemies. This sets the stage for a Games Condition.
 Def:

" SUPPRESSIVE ACTS are acts calculated to impede or destroy Scientology™  or a Scientologist and which are listed at length below."    LRH

Comment: Why?

Any group has a right to defend itself. Calling opponents ' names' are part of the Game. To make this into unchangeable law - against one's own basic principles - accounts however for much of the troubles CoS has had over the years. LRH was a passionate defender of his teachings. Most trail blazers are.  He was at war with  powerful opponents and enemies. War may warrant Martial law. To make it permanent, degrades the group into thinking that warrior  behavior is normal, and basic principles can be ignored at will.

Since Martial law allows for setting aside Civil rights for as long as it is in force it is used repeatedly below as a frame of reference. A government also uses 'state of emergency'. But since that has a Scientology™  meaning it would confuse the language, thus Martial law:

Martial law (Britannica abbr.)
Temporary rule of a designated area by military authorities in time of emergency when the civil authorities are deemed unable to function. Under martial law, civil rights are usually suspended and the activities of civil courts restricted or supplanted entirely by military tribunals. Its application is limited primarily by international law and the conventions of civilized warfare. See also human rights, war crimes.

Tech Dictionary:

SUPPRESSIVE ACTS , 1. acts calculated to impede or destroy Scn or a Scientologist. (HCO PL 23 Dec 65) 2. actions or omissions undertaken to knowingly suppress, reduce or impede Scn or Scientologists. (HCO PL 23 Dec 65)

SUPPRESSIVE GROUPS,
are defined as those which seek to destroy Scn or which specialize in injuring or killing persons or damaging their cases or which advocate suppression of mankind. (HCO PL 29 Jun 68)

Tech Dictionary:


SUPPRESSIVE PERSON, 1.
he’s solving a present time problem which hasn’t in actual fact existed for the last many trillenia in most cases, and yet he is taking the actions in present time which solve that problem. The guy’s totally stuck in present time, that is the whole anatomy of psychosis. (SH Spec 61, 6505C18) 2. a person who rewards only down statistics and never rewards an up statistic. He goofs up or vilifies any effort to help anybody and particularly knifes with violence anything calculated to make human beings more powerful or intelligent. A suppressive automatically and immediately will curve any betterment activity into something evil or bad. (SH Spec 73, 6608C02) 3. a person who doesn’t get case gain because of continuing overts. (SH Spec 67, 6509C21) 4. the person is in a mad, howling situation of some yesteryear and is “handling it” by committing overt acts today. I say condition of yesteryear but this case thinks it’s today. (HCO PL 5 Apr 65) 5 . an SP is a no-confront case because, not being in his own valence he has no viewpoint from which to erase anything. That is all an SP is. (HCO PL 20 Oct 67) 6. those who are destructively antisocial. (HCO PL 30 Aug 70) 7. a person with certain behavior characteristics and who suppresses other people in his vicinity and those other people when he suppresses them become PTS or potential trouble sources. (SH Spec 78, 6608C25) 8. is one that actively seeks to suppress or damage Scn or a Scientologist by suppressive acts. (ISE, p. 48) 9. a person who has had a counter-postulate to the pc you are handling. (SH Spec 68, 6510C14) Abbr. SP

Link to Tech Dictionary

That's all, folks. Use links for more info.