U.S. Constitution Illegitimate? What say you?

[inibo]

I stumbled upon this over at LRC today...

The trouble with the corrupt, bloated, intrusive, out-of-control, evil monstrosity known as the federal government did not begin with – as destructive to liberty as they have been – Bush and the Republicans or LBJ and the Great Society or even FDR and the New Deal. We must go back even further than the tremendous increase in the size and scope of the government that we experienced under Wilson and Lincoln to locate where the trouble started. The first step was taken when the Philadelphia Convention was hijacked by those who desired a consolidated government instead of a confederate one.

No, we can’t change history; and yes, I know that the Constitution is accepted as not only legitimate, but authoritative, and binding. But the unpleasant history of the origin of the Constitution should at least help to quash the epidemic of Constitution worship among those who wish to return to its principles.

Although we would certainly be much better off if we returned to the limited government that the Constitution was supposed to set up – and perhaps that is the best we can hope for – it would be better if we could return to the government that the Framers of the Constitution destroyed.

Is our government legitimate? I think the answer is quite obvious.

http://www.lewrockwell.com/vance/vance120.html

I hate it when things I don't particularly like make so much sense.

[fsk]

I have my own blog posts on the subject. I'm not going to repost the full content here.

http://fskrealityguide.blogspot.com/...egitimate.html

http://fskrealityguide.blogspot.com/...egitimate.html

Why is the Constitution a binding contract on me? I never signed it. I certainly wouldn't approve of things like the 16th amendment.

Look at it this way: Do you have the right to steal from me? I assume your answer is no. How can you authorize other people to steal from me, via voting and taxes?

If you don't have the right to steal from me, you can't delegate your right to steal from me to someone else.

[constituent]

Lysander Spooner-

no treason part 1

no treason number 2

no treason number 6 (The Constitution of No Authority)

[fsk]

Lysander Spooner

I tend to find old articles hard to read, due to differences in the evolution of language.

I think my above summary captures the essence of what Lysander Spooner said, but in simpler terms.

I think that's a good blog project for me. I should re-translate these "classic" texts into more modern English.

[MsDoodahs]

"U.S. Constitution Illegitimate? What say you?"

Yes.

[constituent]

^texans.... LoL!

i'm with you.

[constituent]

Originally Posted by fsk

I think my above summary captures the essence of what Lysander Spooner said, but in simpler terms.

I think that's a good blog project for me. I should re-translate these "classic" texts into more modern English.

-make sure you cite your sources!

[mdh]

Spooner's a cool character. Definitly up there among my favorites.

At this point, we are so far beyond basic constitutional authority, that a return to the constitution would be damn near paradise for anyone who's lived during the past century and a half. What it comes down to is that the legitamacy of any government at all can be called into question based on the fact that not everyone will consent to such governance.

[inibo]

I suppose, though, we could all agree with this statement:

"A government under the U.S. Constitution would be a radical improvement over the one we have today."

I read Spooner a while back and pretty much agree with him. The Articles of Confederation, which I haven't read yet, may be better and anarchy might be the best, but maybe we ought to take it one step at a time.

"Restore the Constitution: Vote Ron Paul!" has is a much more palatable slogan than "Restore the Article of Confederation: Vote Ron Paul!" or "Restore Anarchy: Vote Ron Paul!"

[fsk]

How about "Restore your freedom: Abolish monopolistic government".

If you take the "all government is illegitimate" approach, then you aren't dependent on electing certain candidates.