DDJ 74. 代大匠斫, 削藩自削

第七十四章
[原文]

民不畏死，奈何以死惧之。若使民常畏死，而为奇①者，吾得执②而杀之，孰敢？常有司杀者③杀。夫代司杀者④杀，是谓代大匠斫⑤，希有不伤其手者矣。

[译文]
人民不畏惧死亡，为什么用死来吓唬他们呢？假如人民真的畏惧死亡的话，对于为非作歹的人，我们就把他抓来杀掉。谁还敢为非作歹？经常有专管杀人的人去执行杀人的任务，代替专管杀人的人去杀人，就如同代替高明的木匠去砍木头，那代替高明的木匠砍木头的人，很少有不砍伤自己手指头的。
http://www.daodejing.org/74.html

这一段跟前面结构很像。

民不畏威①，则大威至②。无狎③其所居，无厌④其所生。夫唯不厌⑤，是以不厌。是以圣人自知不自见⑥，自爱不自贵⑦。故去彼取此⑧。
http://www.daodejing.org/72.html

老子道德经有很多具体执政的建议：无狎③其所居，无厌④其所生；
夫代司杀者④杀，是谓代大匠斫⑤，希有不伤其手者矣。 “越俎代庖” －庄子zh。

道教执政需要1）尊重民的生存隐私权利；2）需要分工；3）领地分治。 加起来，就是清静无为之政。

刘邦善听，以道得国，在位不过七八年，折合美国总统两届； 不过儒生们自有办法，唤醒刘邦内心权利的躁动。 儒生叔孙通作礼仪,于是高帝曰:'吾乃至今日知为皇帝之贵。' 既然如此之贵，要不择手段保住。 手段就是诛杀功臣异姓王，如韩信这悲催孩子； 与脑子进水的其他功臣一起缔结“白马之盟”： 非刘氏而王，天下共击之。
https://zh.wikipedia.org/wiki/%E7%99%BD%E9%A6%AC%E4%B9%8B%E7%9B%9F

老刘杀功臣，逼功臣确立天下藩王都姓刘，想法够自私够可耻。 很快连刘姓王都忍不住内讧，毕竟你也姓刘，我也姓刘，都想做体验一下“皇帝之贵”啊。 所以就有晁错这悲催孩子，跳出来倡议“削藩“；这下好，捅了藩王马蜂窝。可怜晁错被汉景帝连诳带骗，全家祭入了儒家天堂，永世跪舔。藩王制度也受汉武帝长期削弱，最后名存实亡。

儒家历史学家对晁错的评价往往拔高成忠良烈士（汉书），道家历史学家对晁错的评价只是“傻孩子”（史记）。
http://baike.baidu.com/item/%E8%A2%81%E7%9B%8E%E6%99%81%E9%94%99%E5%88%97%E4%BC%A0

太史公曰：袁盎虽不好学，亦善傅会，仁心为质，引义慨。遭孝文初立，资适逢世（孝文道治）。 时以变易，及吴楚一说，说虽行哉，然复不遂。好声矜贤，竟以名败。晁错为家令时，数言事不用；後擅权，多所变更。诸侯发难，不急匡救，欲报私雠，反以亡躯。语曰“变古乱常，不死则亡”，（动摇道家国本，毁白马之盟），岂错等谓邪！

除汉孝文帝，汉光武帝以外，汉帝风格：飞鸟尽，良弓藏；伴君如伴虎；轻盟爽约，滥杀大臣，动则灭族。 帝王亲自”代司杀者“， 或者指示近臣”代司杀者“，欺世盗名不可久也。 武帝以后，汉帝除了光武帝，往往短寿横死；不一定是天谴，大概是外戚党，太监党，以其之道还施彼身。

西汉朝惊心动魄的改国策，儒代道，儒教独尊后依然内斗频发。 后来的华夏王朝凡用儒代道无不遭到同样的诅咒。 为什么美国建国国父却能够避免这种诅咒呢？ 因为美国的类似儒家的思想，没有能够被独尊。 道家的思想始终占上手。 后面会说。

有人好意教育我勿“唧唧歪歪”。 论唧唧歪歪，谁能比屈原？

屈原至今被楚人缅怀，还有谁怀念汉景帝肚里的一等蛔虫，晁错？

彼尧、舜之耿介兮，既遵道而得路。
何桀纣之猖披兮，夫惟捷径以窘步。
惟夫党人之偷乐兮，路幽昧以险隘。
。。。
路漫漫其修远兮，吾将上下而求索。
http://baike.baidu.com/item/%E7%A6%BB%E9%AA%9A/1045

AMENDMENT XI
The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State.

“The Eleventh Amendment was ratified in 1795 as a response to the Supreme Court's decision in Chisholm v. Georgia (1793). Chisholm had held that the federal courts could hear suits by individuals against state governments for money damages, notwithstanding the sovereign immunity that the states had traditionally enjoyed. The resulting furor—based largely on concerns that the states would be held accountable for their Revolutionary War debts—gave rise in 1795 to the ratification of the Eleventh Amendment, which established a fairly narrow textual bar to jurisdiction in cases like Chisholm itself. Chisholm was the first major constitutional decision of the new Court, and the Eleventh Amendment reversed it, eight years before Marbury v. Madison (1803).

The notion of sovereign immunity predates the Eleventh Amendment, having its origins in the English common law as well as from political theorists such as Thomas Hobbes and Jean Bodin. The Framers were clearly aware of the traditional doctrine that the states were immune from private lawsuits as sovereign entities, and some Anti-Federalists feared that Article III, Section 1, of the Constitution—which declares that the federal judicial power extends to suits "between a State and Citizens of another State"—would override that doctrine. Several key Framers—including Alexander Hamilton, James Madison, and John Marshall—are on record denying that the Constitution would, of its own force, deprive the states of this immunity...

In addition to abrogating state immunities under Section 5, Congress retains other important tools for holding state actors accountable for violations of federal law. Congress can, for example, require the states to waive their immunities as a condition for receipt of federal grants under the Spending Clause (Article I, Section 8, Clause 1). Furthermore, state sovereign immunity has never been understood to bar suits by the United States itself. Federal enforcement agencies thus may continue to enforce the ADEA and ADA against state governments. Nor does state immunity bar claims against state officers for injunctive relief or (when the officer is sued in his personal capacity) for money damages. So long as these options exist, the sovereign immunity embodied in the Eleventh Amendment and its extratextual background principles will tend to force suits against the states into certain channels without entirely eliminating the possibility of relief.
https://constitutioncenter.org/interactive-constitution/amendments/amendment-xi

AMENDMENT XII
The Electors shall meet in their respective states and vote by ballot for President and Vice-President, one of whom, at least, shall not be an inhabitant of the same state with themselves; they shall name in their ballots the person voted for as President, and in distinct ballots the person voted for as Vice-President, and they shall make distinct lists of all persons voted for as President, and of all persons voted for as Vice-President, and of the number of votes for each, which lists they shall sign and certify, and transmit sealed to the seat of the government of the United States, directed to the President of the Senate; — the President of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates and the votes shall then be counted; — The person having the greatest number of votes for President, shall be the President, if such number be a majority of the whole number of Electors appointed; and if no person have such majority, then from the persons having the highest numbers not exceeding three on the list of those voted for as President, the House of Representatives shall choose immediately, by ballot, the President. But in choosing the President, the votes shall be taken by states, the representation from each state having one vote; a quorum for this purpose shall consist of a member or members from two-thirds of the states, and a majority of all the states shall be necessary to a choice. And if the House of Representatives shall not choose a President whenever the right of choice shall devolve upon them, before the fourth day of March next following, then the Vice-President shall act as President, as in case of the death or other constitutional disability of the President. — The person having the greatest number of votes as Vice-President, shall be the Vice-President, if such number be a majority of the whole number of Electors appointed, and if no person have a majority, then from the two highest numbers on the list, the Senate shall choose the Vice-President; a quorum for the purpose shall consist of two-thirds of the whole number of Senators, and a majority of the whole number shall be necessary to a choice. But no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States.
The Twelfth Amendment, the last to be proposed by the Founding generation, was proposed for ratification in December 1803 and was ratified in 1804, in time for the presidential election that year. The previous system had yielded, in the election of 1796, Federalist John Adams's election as President, while his bitter rival and sometimes-close friend, Republican Thomas Jefferson, was elected Vice President. In the election of 1800, Republican electors, though they clearly preferred Jefferson, sought to guarantee that Republicans won both offices, and cast seventy-three electoral votes for both Thomas Jefferson and Aaron Burr. This threw the election into the House of Representatives, where it was only resolved (in Jefferson's favor) on the thirty-sixth ballot. The hardening of party lines and concomitant voting by party slates (which the Framers had not contemplated) and some dissatisfaction with the way in which electors were chosen in the states led to proposals for change。。。

相比汉初多被戮杀的国父们，美国国父们老谋深算，给总统就4年，搞宪政联邦，力挺州权民权，重视盟约。 Like the Early Han Dynasty founders and dignitaries, they also had bitter rivalries, but mostly resolved them through legal horse-trading without bloodshed. One exception being the duel between Aaron Burr and Alexander Hamilton:
https://en.wikipedia.org/wiki/Burr%E2%80%93Hamilton_duel
道德经教育我们， 不要做老板的应声虫，肚里的蛔虫，老板的刀。 要有法制观念，要学习宪法盟约，要自尊，也要尊重别人的权利，不要自作聪明，“代大匠斫”。

所谓的法律公平，都在法普基础上。 Prosecutors often find an easy-to-score, politically safe case to target the Chinese Americans in business and professional workplace. Every professional Chinese American should take a legal workshop and learn about American legal system.
https://committee100.org/espionageworkshops/