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2024.05.19 00:06 MidasCraftMC MidasCraft [Survival] {Claims} {Economy} {Ranks} {mcMMO} {Quests} {Public} {Java} {Discord} {Rewards} {Custom Enchants} {Crates}
Community - On MidasCraft all players get a say on what we add and what we change. All suggestions and feedback are taken into account. We keep players updated about updates on the server almost daily on our Discord.Some of Our Features
Welcoming - We are committed to making sure each and every member on our server feels welcomed. We welcome everyone, no matter what kind of survival gameplay you are looking for on our server, whether you prefer building or are more interested in redstone.
Stability - We aim to have 100% uptime on our server to try to stop all inconveniences that can occur.
Updates - We release frequent updates, keeping the experience exciting and fresh. We also commit to trying to keep up with the latest version of Minecraft when we can.
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2024.05.18 23:57 Keith502 Why is the Bill of Rights interpreted to give rights to Americans?
The Conventions of a number of the States, having at the time of their adopting the Constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added: And as extending the ground of public confidence in the Government, will best ensure the beneficent ends of its institution.I think the three most important phrases in this paragraph are “in order to prevent misconstruction or abuse of its powers”, “declaratory and restrictive clauses”, and “extending the ground of public confidence in the Government”. These three phrases seem to best sum up what the Bill of Rights was originally meant to accomplish: it is a list of declaratory and restrictive clauses whose purpose is to prevent the misconstruction or abuse of the Constitution’s powers, and to increase public confidence in the federal government. And if one were to look at the Bill of Rights, its text would seem to be in harmony with this statement of purpose. The Bill of Rights consists mostly of negative clauses which put restrictions on the federal government; it states what shall not happen or what shall not be done by Congress, such as prohibiting freedom of religion, abridging freedom of speech, infringing the right to keep and bear arms, violating the right to be secure in property, etc. And the ninth and tenth amendments do not mention any particular rights whatsoever, and clearly just serve the purpose of preventing the Constitution from being misconstrued or abused to diminish the rights of the states and the people, and to prevent granting the federal government more power than the Constitution meant for it to have. The phrase “extending the ground of public confidence in the Government” further indicates that the Bill of Rights was not really meant to add rights not already stipulated in the Constitution, but was only meant to reinforce trust in the federal government at the time of the Founding. The Bill of Rights was not meant to add any substantive articles to the Constitution, but rather it consisted of articles whose purpose was to reinforce the articles that had already been established, and prevent them from being misinterpreted in the future by any unscrupulous members of the federal government. Also notice that there is nothing written here in the preamble about granting rights to the American people, let alone granting specifically individual rights to the American people: you would think if the framers of the Bill of Rights had meant for this to be the document’s effect, they would have stated so clearly in the preamble.
There have been objections of various kinds made against the Constitution. Some were levelled against its structure because the President was without a council; because the Senate, which is a legislative body, had judicial powers in trials on impeachments; and because the powers of that body were compounded in other respects, in a manner that did not correspond with a particular theory; because it grants more power than is supposed to be necessary for every good purpose, and controls the ordinary powers of the State Governments. I know some respectable characters who opposed this Government on these grounds; but I believe that the great mass of the people who opposed it, disliked it because it did not contain effectual provisions against encroachments on particular rights, and those safeguards which they have been long accustomed to have interposed between them and the magistrate who exercises the sovereign power; nor ought we to consider them safe, while a great number of our fellow-citizens think these securities necessary.The part I've put in italics indicates that the major purpose of the amendments to the Constitution was to reassure citizens that effective protections were put in place to prevent the “magistrate who exercises the sovereign power” from encroaching upon their rights. Notice there is nothing written here about granting rights to the people, only protecting the people's pre-existing rights from the federal government.
Fourthly. That in article 1st, section 9, between clauses 3 and 4, be inserted these clauses, to wit: The civil rights of none shall be abridged on account of religious belief or worship, nor shall any national religion be established, nor shall the full and equal rights of conscience be in any manner, or on any pretext, infringed.It is notable to consider that Madison initially proposed the Bill of Rights to be integrated into the Constitution itself, rather than to be a separate document. But what is even more notable is the specific location it was proposed to be inserted in. Article 1, section 9 is specifically the location of the Constitution dedicated to enumerating the prohibitions upon the power of Congress. What this means is that the original plan for the amendments currently appearing in the Bill of Rights was for them to merely be a list of stipulations regarding what Congress was not allowed to do. Thus, it would make no sense for those same clauses today to be construed as being themselves grants of rights to individual American citizens, anymore than other articles within this same section -- such as Congress being prohibited from abolishing the slave trade before 1808, or laying taxes on state exports -- could themselves be considered grants of individual rights to American citizens.
The people shall not be deprived or abridged of their right to speak, to write, or to publish their sentiments; and the freedom of the press, as one of the great bulwarks of liberty, shall be inviolable.
The people shall not be restrained from peaceably assembling and consulting for their common good; nor from applying to the Legislature by petitions, or remonstrances, for redress of their grievances.
The right of the people to keep and bear arms shall not be infringed; a well armed and well regulated militia being the best security of a free country: but no person religiously scrupulous of bearing arms shall be compelled to render military service in person.
No soldier shall in time of peace be quartered in any house without the consent of the owner; nor at any time, but in a manner warranted by law.
No person shall be subject, except in cases of impeachment, to more than one punishment or one trial for the same offence; nor shall be compelled to be a witness against himself; nor be deprived of life, liberty, or property, without due process of law; nor be obliged to relinquish his property, where it may be necessary for public use, without a just compensation.
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
The rights of the people to be secured in their persons; their houses, their papers, and their other property, from all unreasonable searches and seizures, shall not be violated by warrants issued without probable cause, supported by oath or affirmation, or not particularly describing the places to be searched, or the persons or things to be seized.
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, to be informed of the cause and nature of the accusation, to be confronted with his accusers, and the witnesses against him; to have a compulsory process for obtaining witnesses in his favor; and to have the assistance of counsel for his defence.
The exceptions here or elsewhere in the Constitution, made in favor of particular rights, shall not be so construed as to diminish the just importance of other rights retained by the people, or as to enlarge the powers delegated by the Constitution; but either as actual limitations of such powers, or as inserted merely for greater caution.
Had the framers of these amendments intended them to be limitations on the powers of the State governments, they would have imitated the framers of the original Constitution, and have expressed that intention. Had Congress engaged in the extraordinary occupation of improving the Constitutions of the several States by affording the people additional protection from the exercise of power by their own governments in matters which concerned themselves alone, they would have declared this purpose in plain and intelligible language.And then the aforementioned case was subsequently referenced by the 1875 Supreme Court case US v Cruikshank, which further reinforced the same conclusion while addressing the first and second amendments of the Bill of Rights:
But it is universally understood, it is a part of the history of the day, that the great revolution which established the Constitution of the United States was not effected without immense opposition. Serious fears were extensively entertained that those powers which the patriot statesmen who then watched over the interests of our country deemed essential to union, and to the attainment of those invaluable objects for which union was sought, might be exercised in a manner dangerous to liberty. In almost every convention by which the Constitution was adopted, amendments to guard against the abuse of power were recommended. These amendments demanded security against the apprehended encroachments of the General Government -- not against those of the local governments. In compliance with a sentiment thus generally expressed, to quiet fears thus extensively entertained, amendments were proposed by the required majority in Congress and adopted by the States. These amendments contain no expression indicating an intention to apply them to the State governments. This court cannot so apply them.
The first amendment to the Constitution prohibits Congress from abridging "the right of the people to assemble and to petition the government for a redress of grievances." This, like the other amendments proposed and adopted at the same time, was not intended to limit the powers of the State governments in respect to their own citizens, but to operate upon the National Government alone. [. . .] It is now too late to question the correctness of this construction. As was said by the late Chief Justice, in Twitchell v. The Commonwealth (#325), 7 Wall. 325, "the scope and application of these amendments are no longer subjects of discussion here." They left the authority of the States just where they found it, and added nothing to the already existing powers of the United States.So as you can see, it was well-established from the time of the country’s founding that the Bill of Rights was never meant to itself be a grant or guarantee of rights to the American people. The official function of the Bill of Rights was always prohibitive rather than affirmative: the purpose was to restrain the federal government, rather than to endow something to American citizens. So what I don’t understand is: how has the Bill of Rights become so misunderstood and misapplied? Why is it that, from the layman even to the level of the modern-day Supreme Court, it is believed that the Bill of Rights is meant to grant or guarantee rights to individual American citizens, when this conclusion is unequivocally unsupported by the historical record? And not only is this conclusion not supported by the historical evidence, but I would argue that it contradicts the very purpose of the Bill of Rights; the whole point of the document was to limit the power of Congress, but interpreting the document to be a federal guarantee of rights to the people is, in effect, a transference of power to the federal government never stipulated in the Constitution, and is in violation of the tenth amendment.
The particular amendment now under consideration assumes the existence of the right of the people to assemble for lawful purposes, and protects it against encroachment by Congress. The right was not created by the amendment; neither was its continuance guaranteed, except as against congressional interference. For their protection in its enjoyment, therefore, the people must look to the States. The power for that purpose was originally placed there, and it has never been surrendered to the United States.
The second and tenth counts are equally defective. The right there specified is that of "bearing arms for a lawful purpose." This is not a right granted by the Constitution. Neither is it in any manner dependent upon that instrument for its existence. The second amendment declares that it shall not be infringed, but this, as has been seen, means no more than that it shall not be infringed by Congress. This is one of the amendments that has no other effect than to restrict the powers of the national government, leaving the people to look for their protection against any violation by their fellow citizens of the rights it recognizes, to what is called, in The City of New York v. Miln (#139), 11 Pet. 139, the "powers which relate to merely municipal legislation, or what was, perhaps, more properly called internal police," "not surrendered or restrained" by the Constitution of the United States.
2024.05.18 23:57 lemjor10 Does anyone have this? Thinking about biting.
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2024.05.18 23:49 Frequent-Sherbert576 RANKING BABYMONSTERS SKILLS (PART 1/4)
2024.05.18 23:48 Black_bull_66 What Collabs should Fortnite double dip on and add more characters from?
Are there any Collabs you think deserve more representation in the game with more characters from those franchises added as skins. The Matrix collab was incredibly disappointing for me, sure the wrap is cool and the two emotes are extremely iconic but the fact they didn’t think to add a single skin is baffling, maybe when the rumoured matrix 5 releases they could add new matrix skins like Neo, Trinity, Morpheus, and agent Smith. The fact that they only added only two gears of war skins into Fortnite despite Epic being the creators of Gears of War is shocking, even worse is those skins are Kate Diaz the protagonist of the worst Gears game and an old Marcus Fenix like come on what happened here, first of all we need to give Marcus Fenix his iconic look from the old games as an edit style and add iconic characters like Augustus Cole, Damon Baird, And Dominic Santiago, hell they could have entire areas and landmarks themed around Gears of War where you fight off locusts and earn weapons as mythics. Halo is a series I don’t know much about but I know is one of the biggest franchises in gaming and I’m surprised they haven’t added more characters from the franchise, feel free to let me know what halo characters you’d want in Fortnite but for my picks I’d probably go for Cortana, The Arbiter, Sergeant Johnson, and Nobel 6 with edit styles for every member of team Noble. Resident Evil is another series that absolutely needs more representation in Fortnite as its the biggest horror franchise in gaming but only has 4 characters who yes are the main protagonists in most of the games but why not add villains like Albert Wesker and Nemesis, also its strange they didn’t do a promotion for resident evil 4 remake and add Leon with his jacket and Ada Wong, also maybe the could add Ethan Winters as a skin to represent the modern resident evil games, hopefully they add some new skins for when resident evil 9 or the next remake comes out. So those are some ideas on for more skins they could add from franchises Fortnite has already collaborated with, I know I barely scratched the surface and there’s loads of other series that deserve another rep so be sure to leave below what Collabs deserve to be revisited. submitted by Black_bull_66 to FortNiteBR [link] [comments] |
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