Forever Prisoners, by Andrew P. Napolitano

There is a prisoner at Guantanamo who has been held almost 20 years without being charged. From Andrew P. Napolitano at lewrockwell.com:

“I hold it that a little rebellion now and then is a good thing, and as necessary in the political world as storms in the physical.”
— Thomas Jefferson, Jan. 30, 1787

When Thomas Jefferson wrote to his friend, neighbor and colleague, James Madison, his view that the basis of government must be to preserve liberty rather than order, the War of Revolution against Great Britain had been won, the Articles of Confederation were in place and Madison was beginning to prepare for his pivotal role in the drafting of the Constitution.

Jefferson was in Paris, as the U.S. ambassador, and he wrote to express to Madison his view that whatever amendments to the Articles of Confederation he was planning to draft, they should embrace the value of personal liberty as the default position. Madison and others were sent to Philadelphia to craft amendments to the Articles. But Madison had no amendments in mind.

He arrived in the then-capital of the new nation with a draft of a new constitution in his mind and in his notes. The draft would undergo many changes throughout the summer of negotiations in 1787, and the document would eventually receive the support of all delegates and be ratified by the 13 states, without Jefferson’s preferences of liberty over order.

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