6 Questions
What is the main focus of the book?
The arbitrary and unlawful deprivation of liberty by government
What is described as an earmark of a despotic executive power?
The practice of easy arrests and secret imprisonments
Why does the risk of being arrested on sight become doubly intolerable?
Because it is impossible to know at what moment one might become amenable to arrest
What influenced the revolution in England and the revolution of the American colonies?
The promiscuous seizures and searches of persons and property
What does the Common Law declare about interfering with another's liberty?
It is subject to due process of law
What does the history of our ancestors teach about freedom?
Freedom is guaranteed by the Common Law
Study Notes
Liberty and the Deprivation of Individual Rights
- The book discusses the deprivation of liberty by governments, both lawfully and unlawfully.
- History shows that executive power tends to deprive individuals of their liberty through arbitrary and unlawful means.
- Arrest and imprisonment are the most common ways in which liberty is taken away.
- Easy arrests and secret imprisonments are traits of despotic executive power.
- Legislative bodies produce numerous laws each year, leading to excessive regulation of everyday life.
- The passion of modern legislatures to regulate every aspect of life becomes oppressive when coupled with the authority for officers to make arrests on sight for any violation.
- The risk of being arrested on sight for breaking unknown laws makes it unsafe for individuals to leave their homes or travel.
- Arbitrary seizures and searches of persons and property have influenced past revolutions in England and the American colonies.
- A people cannot be free if the executive power can arbitrarily arrest or imprison citizens or invade their properties.
- The executive power must be limited and guided by the law of the land or due process of law.
- The Common Law is protective of the liberty of citizens and holds that interfering with another's liberty is done at one's peril.
- The Common Law also specifies how arrests should be made and the restrictions involved.
Quiz: Understanding the Concept of Liberty and Government's Role in Deprivation Test your knowledge on the concept of liberty and delve into the lawful and unlawful means by which governments can deprive individuals of their freedom. Explore historical examples that highlight the tendency of executive power to act arbitrarily and unlawfully. Discover the insightful words of Daniel Webster as you navigate this thought-provoking quiz.
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