Ban

“ There is a word ban, found in Old High German and Anglo-Saxon, and meaning, as far back as it can be traced, a proclamation containing a threat, hence a command or prohibition. We have it in banish, to put under the ban. The proclamation idea survives in the banns of marriage and in Fr. arrière-ban, "a proclamation, [73] whereby those that hold authority of the king in mesne tenure, are summoned to assemble, and serve him in his warres" (Cotgrave) . This is folk-etymology for Old Fr. ”

“ The German equivalent of ban is Acht, and the sentence soon became practically one of outlawry. Connected possibly with the power enjoyed in earlier times by the assemblies of freemen of outlawing an offender, it was frequently used by the emperor, or German king, and the phrase “under the ban” is very common in medieval history. The execution of this sentence of placing an offender under the imperial ban, or Reichsacht, was usually entrusted to some prince or noble, who was often rewarded with a portion of the outlaw’s lands. ”

“ Jonathan, thanks, I'll let Kristen talk. It can't be a ban if you're letting a million people in. If 325,000 people from another country can't come in, that is by nature not a ban -- it is extreme vetting. ”

“ In addition to instructing all the local officials to adopt strict measures of prohibition and to punish without fail all offenders, I hereby issue this most stringent admonition and notify all people in my jurisdiction, gentry and every class of the population, that you should clearly understand that the establishment and formation of secret societies for the practice of boxing and club exercises are contrary to prohibition and a breach of the law. The assembly of mobs to create disturbances and all violent outrages are acts which the law will still less brook. ”

“ In 1346, this prohibition specifically included prelates, earls, barons taking in hand quarrels other than their own, or maintaining them for gift, promise, amity, favor, doubt, or fear, in disturbance of law and hindrance of right. The reason given was that there had been persons disinherited, delayed or disturbed in their rights, and not guilty persons convicted or otherwise oppressed. All great men were required to put out of their service all maintainers who had been retained, and void their fees and robes, without giving them aid, favor, or comfort. ”

“ Poetlister / Longfellow You did a lot of documenting at Wikisource:Scriptorium#Implement_a_perpetual_ban but it is not clear if you are starting a vote or what the next move should be. JeepdaySock (talk) 10:51, 16 March 2011 (UTC)
I could respond that nobody said 'No', and there were similar calls plus there was no disputing of the evidence. In my asking of the processes at other wikis throughout WMF there response is that "once an admin applied a ban, it became a ban. No other community takes a vote on the application of a ban upholding a ban. ”

“ But in modern days the banns are never forbidden: in other words, the precautionary measure that has come down to us from the thirteenth century is out of date and useless. It rests, indeed, on an estimate of publicity, that has become childish. ”

“ The words of the Act are broad and inclusive: 'any refuse matter of any kind or description whatever.' Only one exception is stated: 'other than that flowing from streets and sewers and passing therefrom in a liquid state, into any navigable water of the United States.' More comprehensive language would be difficult to select. The word 'refuse' does not stand alone; the 'refuse' banned is 'of any kind or description whatever,' apart from the one exception noted. ”

“ The banishment, whether by direct decree or by not less certain indirect methods, of so large a number of men and women is not a local question. A decree to leave one country is in the nature of things an order to enter another—some other. ”

“ After giving the first, second, and third clauses of the Bill, he comes to the fourth clause, which empowers the judges or magistrates who shall preside at the second conviction of the individuals for either blasphemous or seditious libel to use their discretion (!) in fining and imprisoning such individuals or of banishing them from the country.
The fifth clause enacts that a person so sentenced to banishment shall leave the country within thirty days, or in default thereof he will be seized and sent to such a place as the Government may propose. ”

“ True it is that the Penal Code has come like a drop of balm to such bitterness.3 But of what use are all the codes in the world, if by means of confidential reports, if for trifling reasons, if through anonymous traitors any honest citizen may be exiled or banished without a hearing, without a trial? ”

“ The genius, the nature, the spirit of our state governments amount to a prohibition of such acts of legislation, and the general principles of law and reason forbid them. Per Chase, J. Ibid.
15. The words and intent of the prohibition embrace, 1st, every law that makes an action done before the framing of the law, and which was innocent when done, criminal, and punishes such action; 2d, every law that aggravates a crime, or makes it greater than it was when committed; 3d, every law that changes the punishment, and inflicts a greater punishment than the law annexed to the crime when committed ”

“ The constitutional prohibition was intended to protect every man's rights against that kind of legislation which seeks either to inflict a penalty without a trial or to inflict a new penalty for an old matter. ”

“ Whatever prohibition there is, is a means to the same purpose, made necessary, it may be supposed, by the persistence of evil and its insidious forms and the experience of the inadequacy of penalties or other repressive measures. ”

“ One prohibition is, "that no person shall be deprived of his property, immunities, or privileges, put out of the protection of the law, or deprived of his life, liberty, or estate, but by judgment of his peers or the law of the land." ”

“ In the light of present day happenings and with the echoes of rage, despair and lamentation filling our ears, it would be hard to imagine the incredulity with which many worthy, and otherwise, patriots of a former generation would have regarded the possibilities of the present prohibition era. ”

“ But, sir, there is another answer, in my judgment, more conclusive, to all these objections to this second section, which is the vital part of the bill. Without it, it would scarcely be worth the paper on which the bill is written. A law without a penalty, without a sanction, is of little value to any body. What good does it do for the Legislature to say, 'Do this, and forbear to do that,' if no consequence is to follow the act of disobedience? ”

“ So rode one sunset olden
Across the dark'ning sea,
With banners silk and golden,
The Barge of Antony!
They loom along the foreshores; they gleam across the Straits;
They guide the feet of Commerce unto the harbor gates.
In nights of storm and thunder, thro' fog and sleet and rain,
Like stars on angels' foreheads, they give man heart again, —
Oh, hear the high waves smashing
On Patagonia's shore! ”

“ If a law is not enforced to any extent, it is a thousand times worse than if there was no such law on the statute book. Any prohibition law under the present condition of public sentiment is difficult of enforcement ”

“ When the States were considering whether to ratify the Constitution, advocates for a separate bill of rights emphasized the need for an explicit prohibition on excessive fines mirroring the English prohibition. ”

“ I have lived to see seventeen states under prohibition, fifty millions of people of the United States living under prohibitory laws, the Congress of the United States giving a majority vote for submitting national prohibition to the people, and the great empire of Russia going dry in a day. ”

“ No such absurdity, mischief, or repugnancy, can be pretended in the present case. On the contrary, every reason of justice, convenience, and policy unite to prove the wisdom of embracing it in the prohibition. An impregnable barrier is thus thrown around all rights and franchises derived from the states, and solidity and inviolability are given to the literary, charitable, religious, and commercial institutions of the country. ”

“ We proceed now to the consideration of civil justice and to the analysis of the various forms assumed by it. It consists, as we have seen, in the enforcement of rights, as opposed to the punishment of wrongs. The first distinction to be noticed is that the right so enforced is either a Primary or a Sanctioning right. A sanctioning right is one which arises out of the violation of another right. All others are primary; they are rights which have some other source than wrongs. ”

“ If the words which describe the subject-matter of the prohibition are general, including a whole class, . . . we think the charge in the libel ought to conform to the true sense and meaning of the words as used by the legislature. ”

“ The section of the statute in which the provision occurs has relation to removals generally,-those for prejudice or local influence, as well as those for other causes,-and the prohibition has no words of limitation. ”

“ We are dealing with a statutory prohibition and we are simply concerned to ascertain whether in the light of a plain public policy and of the proper administration of justice, conduct induced as stated should be deemed to be within that prohibition. We have no occasion to consider hypothetical cases of crimes so heinous or revolting that the applicable law would admit of no exceptions. ”

“ Total prohibition may produce suffering, and may manifest a spirit of unfriendliness towards sister States; but prohibition, except upon conditions derogatory to the jurisdiction and sovereignty of the United States, is mischievous, and productive of hostility and disloyalty to the general government. ”

“ Can it be supposed, that those who have the courage to violate the most sacred laws of humanity, and the most important of the code, will respect the less considerable and arbitrary injunctions, the violation of which is so easy, and of so little comparative importance? ”

“ It is obvious that all the rules, which were enumerated above as likely to be useful in almost any state of society, can also be defended owing to results which they produce under conditions which exist only in particular states of society. And it should be noticed that we are entitled to reckon among these conditions the sanctions of legal penalties, of social disapproval, and of private remorse, where these exist. ”

“ Many laws which interfere with the habits, customs and beliefs of a large number of people, like the prohibition laws, never receive the assent of so large a percentage as to make people conscious of any wrong in violating them, and therefore people break them when they can. ”

“ Prohibition may be more convenient to the law maker, and easier to fashion than a regulatory measure which adequately protects the peace and privacy of the home without suppressing legitimate religious activities. ”

“ The first paragraph of the tenth section of the first article, which comprehends the provision under consideration, contains an enumeration of those cases in which the action of the State legislature is entirely prohibited. The second enumerates those in which the prohibition is modified. The first paragraph, consisting of total prohibitions, comprehends two classes of powers. Those of the first are political and general in their nature, being an exercise of sovereignty without affecting the rights of individuals. ”

“ The levying of duties on the transit of animals, goods, or commodities, whether of foreign or domestic growth, from one State of this republic to another, or on entering or leaving the gate of any city within the republic, will, from and after the beginning of the ensuing year, be prohibited, as far as the United States forces may have power to enforce the prohibition. ”

“ Whether the regulation be formally made by a legislature, or informally made by society at large—whether the penalty for disobedience be imprisonment, or frowns and social ostracism, he sees to be a question of no moment. ”

“ Our journals do not make pleasant reading for good Americans these days. They are filled with headlines, which concern the Prohibition law, morning after morning. Not long ago I picked up my newspaper and found no less than seventeen columns devoted to stories of what the police in New York City alone were doing, or trying to do, to make the Volstead Act anything but a huge joke. ”

“ It is therefore entirely forbidden to any man to infringe these our precepts and decrees, mandates, statutes, will, approval, prohibition, sublation, abolition, exhortation and request, or to dare to bear witness or proceed against them. ”

“ The prohibition is aimed at the legislative power of the state, and not at the decisions of its courts, or the acts of administrative or executive boards or officers, or the doings of corporations or individuals.' And the language of Mr. ”

“ A law the violation of which in the class of instances in which the Government does seriously undertake to enforce it--bootlegging, smuggling and moonshining--is condoned, aided and abetted by hundreds of thousands of our best citizens? ”

“ Is the relinquishment of the trial by jury and the liberty of the press necessary for your liberty? Will the abandonment of your most sacred rights tend to the security of your liberty? Liberty, the greatest of all earthly blessings—give us that precious jewel, and you may take every thing else! ”