Posted on 02/01/2002 10:21:47 AM PST by Exnihilo
Why is libertarianism wrong?
Why is libertarianism wrong?
The origins, background, values, effects, and defects of libertarianism. Some sections are abstract, but at the end some irreducible value conflicts are clearly stated.
At this point, you might expect a definition of libertarianism. However, most definitions of libertarianism are written by libertarians themselves, and they are extremely propagandistic. "Libertarianism is freedom!' is a slogan, not a definition. Most other definitions of libertarianism borrow from those self-definitions, so I have avoided them. Instead, the values, claims, and effects listed below describe the reality of libertarianism.
The libertarian belief system includes the values listed in this section, which are affirmed by most libertarians. Certainly, no libertarian rejects them all...
In the case of libertarianism within existing states, the position is much clearer. There is no question of a fresh start with a fresh population. The Libertarian Party of the United States, for instance, seeks to impose a libertarian system on the United States. It is an imposition, and can not be anything else. Unless they are prepared to accept the division of the country, they will have to deal with millions of anti-libertarians, who reject the regime entirely. They might call the riot police the Liberty Police, they might call the prisons Liberty Camps, but it's still not 'political freedom'.
There is no neutral common standard of what is good and bad, in consumer goods or education. Different economic systems and different societies produce different types of goods and services. Libertarians implicitly claim that their preferences are the right preferences, and that the economic system itself should be chosen to produce their preferred goods and services. They don't want Soviet-style goods in the shops, so they want a non-Soviet system. Perhaps you don't want Soviet-style goods in the shops either. The point is: did they ask you?
All instrumental arguments are paternalistic. The fascist sympathisers who praised Mussolini's train timekeeping, assumed that was the most relevant factor to judge Italian fascist society. For themselves - but also for their listeners. Libertarians assume everyone wants an American-style economy directed to consumer goods. Some people do. But other people have different tastes, and different priorities. Libertarians ignore these differences, and simply assume that everyone wants exactly the same, from health care or the educational system. That paternalism is incompatible with the moral autonomy and economic freedom, which libertarians claim to promote.
That is an inconsistency in libertarian claims to political power. It is a separate issue from the accuracy of their predictions, about the wonders of deregulation and privatisation. There is no point in discussing the accuracy of these predictions here. If libertarians say, for instance, that global deregulation will lead to increased electricity production in Ghana in 2050, there is no point in discussion. No-one knows anyway. The instrumental arguments of libertarians are untested, since no country has a fully libertarian economic system. There are partial neoliberal and libertarian 'experiments' - deregulation and privatisation. But, as the Californian electricity crisis showed, if the experiment fails, its supporters will simply claim that it was not sufficiently neoliberal or libertarian. So even the evidence for the instrumental claims of libertarians is a matter of interpretation and preference: it would be futile to use it as a basis for discussion.
libertarian image libertarian reality Image: non-coercion, no initiation of force Reality: libertarians legitimise economic injustice, by refusing to define it as coercion or initiated force Image: moral autonomy of the individual Reality: libertarians demand that the individual accept the outcome of market forces Image: political freedom Reality: some form of libertarian government, imposing libertarian policies on non-libertarians Image: libertarians condemn existing states as oppressive Reality: libertarians use the political process in existing states to implement their policies Image: benefits of libertarianism Reality: libertarians claim the right to decide for others, what constitutes a 'benefit'
...libertarianism is the ideology that aggression is bad. In libertarian argot, "aggression" is defined as the initiation of coercion, and "coercion" is defined as force, fraud or duress; coercion exercised in self-defense or restitution is defined as retaliation, not initiation.
And Charles Murray writes in What it means to be a Libertarian (p. 6):
It is wrong for me to use force against you, because it violates your right to control of your person....I may have the purest motive in the world. I may even have the best idea in the world. But even these give me no right to make you do something just because I think it's a good idea. This truth translates into the first libertarian principle of governance: In a free society individuals may not initiate the use of force against any other individual or group.
Now it is logically inconsistent, to demand a 'noncoercive principle of governance'. Unless someone (coercively) enforces it, it will be meaningless. And libertarians have a narrow and specific definition of coercion anyway (see below). But leaving that aside, this principle has an important political characteristic. It carries an implicit secondary claim, that any veto on coercion is legitimate.
In a libertarian world, any person could exercise a veto over any project, if it required their coercion. And as protesters have discovered, you can place yourself in a position where that coercion is required. In other words the non-coercion principle is a licence for deep NIMBY-ism. By literally or metaphorically 'sitting in front of the bulldozer', any project can be blocked. To evade this, libertarian theorists would have to create exemptions to the non-coercion principle, and probably exemptions from these exemptions. I have not seen any libertarian attempt to do this. However, there is a good comparison with rights theory - where every right can be matched by a claimed counter-right. In political practice, this has led to an inflation of rights (which can also be found in some libertarian proposals). The creation of a de facto veto right, or a specific set of exemptions from it, would undermine claims that the proposed society is a neutral set of rules and/or procedures.
Certainly libertarians insist that the State should respect the non-coercion principle. Some libertarians might concede that the State is also protected by the principle, especially the so-called minarchists. For instance, they might condemn extortion from the government as coercion, force or fraud. If they concede the existence of a government at all, it will need protection against force in order to function. But if they concede this extension, why not extend it further to clubs and associations, which also need protection in order to function? Or to ethnic minorities? Or to species? A libertarian society needs to define the limits of the non-coercion principle, in order to apply it. These limits must then be enforced. Once again the claim to neutrality is undermined. The libertarian state would have to be maximal enough, to enforce their particular view of who deserves non-coercion.
We hold that all individuals have the right to exercise sole dominion over their own lives, and have the right to live in whatever manner they choose, so long as they do not forcibly interfere with the equal right of others to live in whatever manner they choose.
In other words, interference with the lives of others is permitted, so long as it is not forcible. So anti-coercion libertarians do not just oppose coercion (force initiation): they also claim to legitimately define it. Their definition excludes much, that others would see as coercion.
Most explicitly, market forces are not defined as coercion by libertarians. Many exclude any form of competition from the definition. Some libertarians take this to extremes, proposing for instance a free market in children, or the return of indentured labour and contract slavery. On the other hand, any attempt to restrict market forces (or competition) would be defined by most libertarians as 'coercion'. Yet again the claim to neutrality is undermined: the libertarian state would also enforce their particular views of what constitutes non-coercion.
Cynically defined, a libertarian is a person who believes that all humans should live in total and absolute submission to market forces, at all times from birth to death, without any chance of escape. Only liberal ideologies claim that living in a free market is equivalent to living in a free society. Charles Murray writes in What it means to be a Libertarian (p. 6):
Formally stated: A voluntary and informed exchange benefits both parties. This characteristic of a voluntary and informed exchange makes a free society possible.
No, it does not. There is a huge gap in the logic here. The characteristics of the exchange do not determine the form of the society in which it takes place. A society is not a two-person transaction. A voluntary and informed exchange between two parties may already have dramatic consequences for a third party. Billions of free-market transactions result in some 'third parties' starving to death: that is neither voluntary, nor informed, nor an exchange.
A simple example: two islands exchange crops, to reach a minimum healthy diet. Soil conditions mean that a full range of crops can not be grown. Without the exchange the inhabitants of both islands will die. Then an external trader arrives, and sells the necessary crops to one of the islands. The trader sells honestly at fair prices: both parties (trader and one island) are satisfied with the deal. Nevertheless, the inter-island exchange ends. On the other island, the population dies of malnutrition. Obviously, they never contracted to this, yet some libertarians would claim that they are in some sense more free.
To allow 'freedom' in the sense that no-one finds themselves in a non-consensual condition as a result of transactions, would require
Even in a small village with a barter economy these conditions are impossible. they are certainly impossible in a global economy.
Libertarians must know that free markets are not 'pure' transactions in a social vacuum. The voluntary and informed nature of a contract can, in reality, never extend beyond the contracting parties. But its effects can. Even if every single transaction is voluntary and informed, the resulting society might disadvantage everyone. If, and only if, all its members have contracted to accept any and all outcomes of all transactions collectively, can it be a 'free society' in the sense implied by Charles Murray. Otherwise, the image of the voluntary transaction as a metaphor for society, is false and propagandistic.
Libertarians appear to reject destructive force in general, including the destruction of tradition, and of traditionally venerated objects. Prohibiting the destruction of the existing is, by definition, a form of conservatism. Libertarianism appears to be 'anti-iconoclastic' in this sense, but specific libertarian condemnations of revolutionary iconoclasm are hard to find.
Some libertarian philosophy rejects all moral judgment. No statement, it claims, can be more than an opinion. Almost all libertarians claim to reject the imposition of values by the State and other external authorities. They reject personal moralising, for example interference in the sex life of individuals by religious groups. Since libertarianism is so concentrated in the USA, school prayers, pornography, abortion and gun control are the typical issues.
However, ethics is not only about adult videos: there is a huge range of fundamental moral issues, submerged beneath the consensus of western societies. Almost by default, existing nation states impose some moral values, and reject others. Some of these have never even been discussed: academic philosophers find new ethical issues every day. Very few are the subject of the 'ethics controversies' debated by US libertarians and their opponents. So the opposition of libertarians to 'government moralising' can only be selective - and it is in practice selective. That obscures the position of libertarians, on moral issues that are not constantly in the US media. US schools also teach the benefits of the free market, and libertarians don't complain.
If libertarians did take the position that absolutely no state imposition of values is legitimate, I would put that in the section on their values. It is obviously a value judgment in itself. But I have not seen such a libertarian position yet: the present political reality is rather the selectiveness of libertarian anti-moralism.
As for whether open-source is "techno-libertarian" -- well, I invite you to note that there is no coercion in it anywhere. It's a pure example of voluntary cooperation in a free market. The fact that open-source development leads to mostly cooperative rather than mostly competitive behavior is consistent; market economies are the most marvelous cooperative engines ever.
That is why markets are wrong: they produce social and technological uniformity. They 'centre' society. However, for some libertarians, that is exactly what makes them right.
In other words certain entities will be permanently missing from the libertarian world. To libertarians, that is an advantage: they think of these entities as wrong: wrong as a product of coercion, or just plain wrong, like David Friedman's "bad trucks". Not just bad trucks will be missing, but an entire range of 'bad' entities, from 'bad' pencils, to 'bad' organisations, to 'bad' cities.
Urban planning theory has an established rhetoric of rejection of the "Soviet City", the 'bad city' which is contrasted with the US city. It is a specific example of the contra-utopianism of liberal thinking. Sometimes you can imagine the theorist shouting at, for instance, Kaliningrad "Such a city must be forbidden!" The point is that not everyone shares this preference of mainstream urban theory: and not everyone shares David Friedman's conviction that American trucks are self-evidently good. The entire range of 'bad entities' in this sense, is no more than a list of the personal preferences of libertarians.
Firstly, libertarianism is a legitimation of the existing order, at least in the United States. All political regimes have a legitimising ideology, which gives an ethical justification for the exercise of political power. The European absolute monarchies, for instance, appealed to the doctrine of legitimate descent. The King was the son of a previous King, and therefore (so the story went), entitled to be king. In turn, a comprehensive opposition to a regime will have a comprehensive justification for abolishing it. Libertarianism is not a 'revolutionary ideology' in that sense, seeking to overthrow fundamental values of the society around it. In fact, most US libertarians have a traditionalist attitude to American core values. Libertarianism legitimises primarily the free-market, and the resulting social inequalities.
Specifically libertarianism is a legitimation for the rich - the second defining characteristic. If Bill Gates wants to defend his great personal wealth (while others are starving) then libertarianism is a comprehensive option. His critics will accuse him of greed. They will say he does not need the money and that others desperately need it. They will say his wealth is an injustice, and insist that the government redistribute it. Liberalism (classic liberal philosophy) offers a defence for all these criticisms, but libertarianism is sharper in its rejection. That is not to say that Bill Gates 'pays all the libertarians'. (He would pay the Republican Party instead, which is much better organised, and capable of winning elections). Libertarianism is not necessarily invented or financed, by those who benefit from the ideology. In the USA and certainly in Europe, self-declared libertarians are a minority within market-liberal and neoliberal politics - also legitimising ideologies. To put it crudely, Bill Gates and his companies do not need the libertarians - although they are among his few consistent defenders. (Libertarians formed a 'Committee for the Moral Defense of Microsoft' during the legal actions against the firm).
Thirdly, libertarians are conservatives. Many are openly conservative, but others are evasive about the issue. But in the case of openly conservative libertarians, the intense commitment to conservatism forms the apparent core of their beliefs. I suggest this applies to most libertarians: they are not really interested in the free market or the non-coercion principle or limited government, but in their effects. Perhaps what libertarians really want is to prevent innovation, to reverse social change, or in some way to return to the past. Certainly conservative ideals are easy to find among libertarians. Charles Murray, for instance, writes in What it means to be a Libertarian (p. 138):
The triumph of an earlier America was that it has set all the right trends in motion, at a time when the world was first coming out of millennia of poverty into an era of plenty. The tragedy of contemporary America is that it abandonned that course. Libertarians want to return to it.
Now, Murray is an easy target: he is not only an open conservative, but also a racist. (As co-author of The Bell Curve he is probably the most influential western academic theorist of racial inferiority). But most US libertarians share his nostalgia for the early years of the United States, although it was a slave-owning society. Libertarianism, however, is also structurally conservative in its rejection of revolutionary force (or any innovative force). Without destruction there can be no long-term social change: a world entirely without coercion and force would be a static world.
These proposed 'tasks of the state' are a replacement for the standard version, used in theoretical works on public administration:
Stanford Encyclopedia of Philosophy: Liberalism - the mainstream definitions of liberalism.
Liberal Manifesto of Oxford (1947), European political liberalism. Some elements, such as "Loyal adherence to a world organisation of all nations..." would now be rejected by the same parties.
Libertäre Ideologie - a series of articles on the libertarian ideology at the online magazine Telepolis. Even if you can not read German, it is useful as a source of links, to libertarian and related sites.
European Libertarians. The Statue of Liberty on their homepage also symbolises Atlanticism: there is no recent libertarian tradition in Europe, outside the UK. More typical of European ultra-liberal politics is the New Right economic liberalism which was at the start of the Thatcher government in Britain. See for example the Institute for Economic Studies Europe, or in central Europe the Czech Liberální Institut.
Libertarian NL, a Dutch libertarian homepage (Aschwin de Wolf). But look at the political issues, the political thinkers, and the links: the libertarian world consists primarily of the United States. In December 2000 the featured theme was an open letter to Alan Greenspan, the chairman of the US central bank (Federal Reserve Board). Yet this is a Dutch website, made by people who live in Europe. Their currency policy is made by European central bank chairman Wim Duisenberg, the former Netherlands central bank president. But they chose to ignore the society around them, and live as wannabe US citizens. Again, a recurrent pattern among European libertarians.
Libertarisme: De renaissance van het klassiek liberalisme by Aschwin de Wolf. This introduction to libertarianism, written for the members of the Netherlands liberal party VVD, illustrates the missionary attitude of libertarians in Europe. European liberalism has become corrupted, they claim, and must reform itself on the model of US libertarianism.
Libertarisme FAQ: explicit about the conservative effects of libertarianism: "Je zou echter wel kunnen stellen dat het libertarisme conservatief is in die zin dat zij mensen in hun waarde laat en geen progressieve experimenten door de overheid toelaat. Het libertarisme is dus heel goed verenigbaar met het koesteren van tradities of andere overgeleverde manieren van leven."
democratic expansionism: liberal market democracy itself depends on coercion, a US military invasion for example
The advantage of capitalist trucks, David Friedman
The Cathedral and the Bazaar: libertarian ideologists are switching their attention from the Internet to Open Source. This text restates a theme from classic liberal philosophy: the contrast between emergent and ideal order (market and Church).
The non-statist FAQ seems to have gone offline (December 2000).
Critiques Of Libertarianism, the best-known anti-libertarian site, but almost exclusively US-American in content.
Elfnet: O/S for a Global Brain?: a good example of the combination of New Age, computer science, and globalism in global-brain connectionism. Opens, as you might expect, with a quote from Kevin Kelly.
Multi-Agent Systems / Hypereconomy: organicist free-market ideas from Alexander Chislenko, "...a contract economy looks much like a forest ecology..."
Networking in the Mind Age: Chislenko on a network global-brain. "The infomorph society will be built on new organizational principles and will represent a blend of a superliquid economy, cyberspace anarchy and advanced consciousness". I hope it works better than his website, which crashed my browser.
Gigantism in Soviet Space: the Soviet Union's state-organised mega-projects are a horror for all liberals. They contravene almost every libertarian precept.
The Right to Discriminate, from the libertarian "Constitution of Oceania". Few libertarians are so explicit about this, but logically it fits. The Right to Own a Business also provides that "Mandatory disability benefits for transvestites, pedophiles, pyromaniacs, kleptomaniacs, drug addicts, and compulsive gamblers are obviously forbidden."
Virtual Canton Constitution, from the libertarian think-tank Free Nation Foundation. Although they claim to be anti-statists, libertarians write many and detailed Constitutions. This one re-appears in the generally libertarian Amsterdam 2.0 urban design project.
Serbia and Bosnia: A Foreign Policy Formulation : libertarianism solves the Bosnia problem. "I am a newcomer to foreign policy and cannot claim to understand all that matters". From the Free Nation site, which advocates a (logically inconsistent) libertarian state.
Libertarian immigration: Entirely free, but, but...."Fortunately, a truly free society would be protected by the fact that all property would be private. Only an immigrant who had permission to occupy the property of another could even enter the country. Even roads and sidewalks would be privately owned and would probably require some type of fee for entry."
Libertarian Foreign Policy, Libertarian Party of Canada. An example of the isolationism which at present characterises North American libertarianism, despite its inherent universalist character.
The Unlikeliest Cult in History
If the libertarian interpretation is wrong, there has to be some other interpretation which is right. Since you're beng evasive, I'll go ahead and tell the truth about that phrase.
The phrase "general welfare" indeed has no more meaning than any other isolated phrase. If you say "rocking chair", no one knows if you mean "bring the rocking chair here" or "buy a rocking chair" or "chop the rocking chair up and burn it". You have to read the whole clause to get any clear idea what the meaning is. So, here's the clause:
The Congress shall have power to lay and collect taxes, duties, imposts and excises, to pay the debts and provide for the common defense and general welfare of the United States; but all duties, imposts and excises shall be uniform throughout the United States.
Now we see that paying the debts and providing for the common defense and general welfare does indeed have a very particular meaning: it's the reason for the power to tax.
And, as is standard, here's that exerpt from Federalist #41:
Some, who have not denied the necessity of the power of taxation, have grounded a very fierce attack against the Constitution, on the language in which it is defined. It has been urged and echoed, that the power ``to lay and collect taxes, duties, imposts, and excises, to pay the debts, and provide for the common defense and general welfare of the United States,'' amounts to an unlimited commission to exercise every power which may be alleged to be necessary for the common defense or general welfare. No stronger proof could be given of the distress under which these writers labor for objections, than their stooping to such a misconstruction. Had no other enumeration or definition of the powers of the Congress been found in the Constitution, than the general expressions just cited, the authors of the objection might have had some color for it; though it would have been difficult to find a reason for so awkward a form of describing an authority to legislate in all possible cases. A power to destroy the freedom of the press, the trial by jury, or even to regulate the course of descents, or the forms of conveyances, must be very singularly expressed by the terms ``to raise money for the general welfare.''But what color can the objection have, when a specification of the objects alluded to by these general terms immediately follows, and is not even separated by a longer pause than a semicolon? If the different parts of the same instrument ought to be so expounded, as to give meaning to every part which will bear it, shall one part of the same sentence be excluded altogether from a share in the meaning; and shall the more doubtful and indefinite terms be retained in their full extent, and the clear and precise expressions be denied any signification whatsoever? For what purpose could the enumeration of particular powers be inserted, if these and all others were meant to be included in the preceding general power? Nothing is more natural nor common than first to use a general phrase, and then to explain and qualify it by a recital of particulars. But the idea of an enumeration of particulars which neither explain nor qualify the general meaning, and can have no other effect than to confound and mislead, is an absurdity, which, as we are reduced to the dilemma of charging either on the authors of the objection or on the authors of the Constitution, we must take the liberty of supposing, had not its origin with the latter. The objection here is the more extraordinary, as it appears that the language used by the convention is a copy from the articles of Confederation. The objects of the Union among the States, as described in article third, are ``their common defense, security of their liberties, and mutual and general welfare. '' The terms of article eighth are still more identical: ``All charges of war and all other expenses that shall be incurred for the common defense or general welfare, and allowed by the United States in Congress, shall be defrayed out of a common treasury,'' etc. A similar language again occurs in article ninth. Construe either of these articles by the rules which would justify the construction put on the new Constitution, and they vest in the existing Congress a power to legislate in all cases whatsoever.
But what would have been thought of that assembly, if, attaching themselves to these general expressions, and disregarding the specifications which ascertain and limit their import, they had exercised an unlimited power of providing for the common defense and general welfare? I appeal to the objectors themselves, whether they would in that case have employed the same reasoning in justification of Congress as they now make use of against the convention. How difficult it is for error to escape its own condemnation!
The phrase "general welfare" appeared in the Articles, too.
The Constitution clearly grants gobs and gobs of power to the FEDERAL government and NOT the states. It was written entirely to STOP the states from exercising rights, like the right to coin their own money, or cheat other states in business.
I'm fine with that (although that hardly seems to qualify as "gobs and gobs" of power, but maybe my perspective is off because I live in post-New Deal America).
The problem with citing the Federalist Papers is that they aren't "the law". They didn't get voted on and they didn't get ratified by the several states.
But the general welfare clause did.
And the general welfare clause conveys as much power to the federal government as the "common defense" phrase.
The federal government can tax and spend for BOTH our common defense and our general welfare.
But Libertarians erroneously claim that the federal government has no power to tax and spend on the general welfare of Americans.
Sometimes they even cite non-statute references such as the Federalist Papers in some vain attempt at establishing "intent" to that end, too...
Yes, but in keeping with the "No force, No Fraud" plank of the party, we always allow the metaphor to push us first..
All good Libertarians should do likewise.
Yes, this is called the principle approach in the Home School curricla that my children are (and will continue to be) taught.
My point, and it was not answered by you, is that the church had a lot more conformance to the gospel when Christians met in homes and not grandiose basicallae, no matter what the denomination. "The church" in the book of Acts, was not a place, but a community, a manner of living, and people showing G-d's love. That faded away when the church become "of the World" and not "aliens and strangers" in the World.
Pull out your pocket copy of the Constitution, and flip to Article 1 Section 8.
The Congress shall have power to lay and collect taxes, duties, imposts and excises, to pay the debts and provide for the common defense and general welfare of the United States; but all duties, imposts and excises shall be uniform throughout the United States;In other words, the Federal Government can "provide for the... general welfare of the United States," which would seem to legitimize Social Security and other welfare state programs.
....
To make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the government of the United States, or in any department or officer thereof.
The Libertarian Party did a poll of members to see what we
thought of the attack on the World Trade Center. 94.8% said
that we have an obligation to bring terrorists to justice. Follow
the link to the whole story.
Online survey: LP members support
military strikes against terrorists
Despite Libertarians' long-standing aversion to foreign military
intervention, 94.8% of survey respondents said they agree the
U.S. government "has an obligation to bring the terrorists who
are responsible for the September 11 attacks to justice."
"Libertarians believe that individuals and nations do not have
the right to initiate force against others, but they tend to agree
that the use of force for self-defense -- against rogue nations,
criminals, or terrorists -- is appropriate," he said.
"These poll results seem to indicate that most Libertarians think
the terrorist attacks on New York and Washington, DC qualified
as initiation of force, and that a strong military response
constitutes legitimate self-defense by our nation."
We're not evil imperialists war mongers but we're not peaceniks either.
Like Chris Elliot said after Bill Murry's speech in ground Hog Day,
"You Moved Me!"
Thank you!
why?
Why do you need this article to be refuted? It will not change your opinion of libertarians one bit.
Southack's personal opinions: not law either. The difference is, the guys who wrote the Federalist Papers also had a lot to do with writing the Constitution.
Who knows more about the actual meaning of the Constitution, you, or the people who wrote it?
Let me note, of course, that I'm the one who actually quoted the whole thing, as opposed to a meaningless sentence fragment divorced from its context.
While I'm asking questions, were the Founding Fathers so stupid they wrote out a lengthy enumeration of powers already granted under the heading of the general welfare?
And the general welfare clause conveys as much power to the federal government as the "common defense" phrase.
Thanks for bringing that up.
Later in the same section, we find:
To raise and support armies, but no appropriation of money to that use shall be for a longer term than two years;
To provide and maintain a navy;
Separate powers not otherwise granted. So much for that one.
Sometimes they even cite non-statute references such as the Federalist Papers in some vain attempt at establishing "intent" to that end, too...
I haven't seen you cite anything at all. I'd rather take something on the authority of the people who wrote it than on the authority of some random person on the internet who insists that his peculiar view is right. Yeah, James Madison and Alexander Hamilton didn't know what they were talking about. LOL Any other wild eyed claims you'd like to make while you're at it?
And, again, I've quoted the actual provisions of the Constitution.
Not that it matters to you.
And again, you've managed to claim that the general welfare clause has no value.
According to you, everything must be enumerated. The "common defense" clause is meaningless, only a standing army (2 years) and navy are legal. In your view, we can't have an air force, satellites, or national missile defense because the phrase "common defense" doesn't cover them and they aren't enumerated.
That's simply wrong.
Just as the common defense clause authorizes unenumerated items such as national missile defense, so to does the general welfare clause authorize unenumerated government programs.
Also, please refer to post #349.
Could you go back and read it again please. I believe
you'll find you've gotten it exactly backwards. The Founders
realized the Articles of Confederation weren't working
and they needed a centralized government but the U. S.
Constitution was drafted to define and limit the power
of the Federal Government and thus assure that the
States and more importantly the People retained their
unalienable rights endowed by their Creator and declared
in Our Declaration of Independence. Americans had
already suffered under an oppressive government
by the King and Parliament. The text itself proves this.
For example in:
Section. 8.
Clause 1: The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and
provide for the common Defense and general Welfare of the United States; but all Duties, Imposts and Excises shall be
uniform throughout the United States;
They did not say: Clause 1: The individual states will not have the power to lay and collect Taxes, Duties, Imposts and
Excises, to pay the Debts and provide for the common Defense and general Welfare of the United States; but all Duties,
Imposts and Excises shall be uniform throughout the United States;
Clause 2: To borrow Money on the credit of the United States;
They did not say: Clause 2: The individual states will not have the power to borrow Money on the credit of the
United States;
Clause 3: To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;
They did not say: Clause 3: The individual states will not have the power to regulate Commerce with foreign Nations,
and among the several States, and with the Indian Tribes;
Clause 4: To establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States;
They did not say: Clause 4: The individual states will not have the power to establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States;
Clause 5: To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures;
They did not say: Clause 5: The individual states will not have the power to coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures;
Clause 6: To provide for the Punishment of counterfeiting the Securities and current Coin of the United States;
They did not say: Clause 6: The individual states will not have the power to provide for the Punishment of counterfeiting the Securities and current Coin of the United States;
Clause 7: To establish Post Offices and post Roads;
They did not say: Clause 7: The individual states will not have the power to establish Post Offices and post Roads;
Clause 8: To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;
They did not say: Clause 8: The individual states will not have the power to promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;
Clause 9: To constitute Tribunals inferior to the supreme Court;
They did not say: Clause 9: The individual states will not have the power to constitute Tribunals inferior to the supreme Court;
Clause 10: To define and punish Piracies and Felonies committed on the high Seas, and Offenses against the Law of Nations;
They did not say: Clause 10: The individual states will not have the power to define and punish Piracies and Felonies committed on the high Seas, and Offenses against the Law of Nations;
Clause 11: To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water;
They did not say: Clause 11: The individual states will not have the power to declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water;
Clause 12: To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years;
They did not say: Clause 12: The individual states will not have the power to raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years; ...etc.
Or for example in the Bill of Rights:
Amendment IX
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
Amendment X
The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.
I believe the last one is pretty clear.
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