Hate to hijack the thread further, but I found this very interesting:
It is very interesting how history repeats itself.
One thing I remember from my constitutional history class at UT Law that stuck with me was that James Madison, Thomas Jefferson, John Marshall, Andrew Jackson, Martin Van Buren, John Calhoun, Stephen Douglas, Abraham Lincoln, etc. considered that loyalty should be towards the Constitution and never to any particular person or president. The exception was John Adams and his Federalist supporters who passed the Alien and Sedition Acts that actually led to opposition congressmen being thrown in jail for criticizing the President. The case that stands out the most to me was Matthew Lyon. I am stealing the wikipedia summary because it is accurate except that it leaves off that Lyon was a highly respected Revolutionary War veteran (false accusations about his war record that were later proven inaccurate were spread by Federalists before and during his trial).
"Lyon was a Democratic-Republican congressman from Vermont. He was indicted in 1800 under the Sedition Act for an essay he had written in the Vermont Journal accusing the administration of "ridiculous pomp, foolish adulation, and selfish avarice". While awaiting trial, Lyon commenced publication of Lyon's Republican Magazine, subtitled "The Scourge of Aristocracy". At trial, he was fined $1,000 and sentenced to four months in jail. After his release, he returned to Congress." (Federalist Courts loyal to Adams interpreted the first amendment to not protect free speech against the President.)
So we tried to throwing people in jail as traitors for criticism of the president as a man for a short period at the beginning of this country. This originated from a belief that those who criticized the president were traitors. The idea that free speech did not protect criticism of the president and those that criticized him were traitors was soundly rejected in the election of 1800. In fact, such a concept was dead and loyalty was considered to be to the Constitution up until recently. Such attitudes were not even apparent in the Civil War as both sides, right or wrongly, thought they were being loyal to the Constitution to at least some extent. I do not know where this concept of loyalty to the president as a man over the Constitution remerged (maybe nixon? maybe WW2?), but it has clearly existed in BOTH the W Bush and Obama administrations (see Snowden). I find it scary actually that the W Bush and Obama administrations and many of their supporters consider those loyal to the Constitution over their president as a man to be "traitors." Hopefully, like with the election of 1800, these attitudes will be rooted out and we can repeal the patriot act just like the alien and sedition acts were repealed. Unfortunately, I know such freedom unlikely to return if Jeb Bush or Hillary Clinton is elected and there are many Americans that still have this pro NSA, "anyone who criticizing the president is a traitor" thought process.
-
Like x 1
Last edited: May 17, 2015