Procrustes Stretched
Dante's Manifesto
Thumbs up on so many pointsThey would have strongly objected to the government dictating that people had to use a certain kind of candle or lantern for lighting.
The argument is not what the law is. Or what SCOTUS rules.
The argument is what is and what is not social contract, what violates social contract, and what the people should do when that occurs, if anything. Let's try to keep the focus where it belongs here.
I don't think they would at all. They were practical men and if they thought that was best for the country, they would have certainly implemented it. I think the big difference here is that we wouldn't hang the offenders.
Perhaps you think the social contract means the government does what you want. That seriously is not the case. The government needs to do its job and if the public is entirely happy about it, it probably is not doing its job.
I think absolutely the Constitution was intended to create a government that had its powers strictly limited, that was restricted to specific authority and was intended to have no authority beyond that assigned to it by the people. So in a sense, I do believe government was intended to do what the people wanted it to do. That was the social contract the people formed when they created the United States of America.
The reason I am certain that the Founders would have considered the government way out of line and illegally acting if it should dictate the kind of light bulbs or candles that the people would use is that they gave the government no authority to dictate how the people would live their lives in any regard.
And they gave the federal government no authority to confiscate labor or property from one citizen in order to transfer that to another:
“To take from one, because it is thought his own industry and that of his fathers has acquired too much, in order to spare to others, who, or whose fathers, have not exercised equal industry and skill, is to violate arbitrarily the first principle of association, the guarantee to everyone the free exercise of his industry and the fruits acquired by it.”
-Thomas Jefferson, letter to Joseph Milligan, April 6, 1816
“A wise and frugal government … shall restrain men from injuring one another, shall leave them otherwise free to regulate their own pursuits of industry and improvement, and shall not take from the mouth of labor the bread it has earned. This is the sum of good government.”
-Thomas Jefferson, First Inaugural Address, March 4, 1801
James Madison, the Father of the Constitution, elaborated upon this limitation in a letter to James Robertson:
“With respect to the two words ‘general welfare,’ I have always regarded them as qualified by the detail of powers connected with them. To take them in a literal and unlimited sense would be a metamorphosis of the Constitution into a character which there is a host of proofs was not contemplated by its creators.”
In 1794, when Congress appropriated $15,000 for relief of French refugees who fled from insurrection in San Domingo to Baltimore and Philadelphia, James Madison stood on the floor of the House to object saying, “I cannot undertake to lay my finger on that article of the Constitution which granted a right to Congress of expending, on objects of benevolence, the money of their constituents.”
-James Madison, 4 Annals of congress 179 (1794)
Remember we are not discussing the law of precedent or the law as it exists now. We are discussing social contract as it was intended and whether social contract has been violated or breached and what we should do about it.
Yes, we are discussing the social contract. But I am thinking we are not in agreement at to what that consists of. It is the job of the government to govern, not just attempt to make as many people happy as it can. Sometimes it means it will make people unhappy. The government that just follows wherever the people want to go is reneging on its obligations under the contract, because its job is to lead.
But I think the original intent was that the Constitution would allow the states to function effectively as one nation and secure the rights of the people and then leave the people strictly alone to govern themselves. The Founders wanted no king, no monarch, no dictator, no Pope, no totalitarian government of any sort that would govern the people. The Constitution was a social contract that created a government that was not given authority to govern the people but was restricted to specific functions assigned to it.
We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.
The 'more perfect union' was to provide a means for the various states to function as one nation - to establish Justice was to prevent the various states from doing economic or physical violence to each other that also ensured domestic tranquility. Providing the common defense also ensured domestic tranquitlity and secured the blessings of liberty--this was defined in the Declaration as unalienable rights among which were life, liberty, and the pursuit of happiness.
There is no liberty when the federal government dictates to us what liberties we will and will not have while living our lives.
The Constitution is the law and I thought you wanted to talk about the social contract and not the law.
First, you are free to argue what you think the intent was. I am free to disagree, and I do. But ultimately it doesn't matter what the intent was. Those people are long dead and, to be honest, I don't care what their intent was. They had their turn and it is now our turn, our government, our contract and our responsibility. When we are dead the following generations will have their turn and, if they have any sense at all, won't give a damn what our intents were.
Second, your comment that no liberty exists if the government dictates what liberties we have is false on its face. You really don't want to argue that if you consider it for a moment. Basically, you are saying that if I can't murder someone then I have no liberty. All societies establish what liberties individuals may have, without exception. The citizen's end of the social contract is the agreement to accept limitations on their liberty in exchange for the benefits of living in the society.