Saturday, May 08, 2010

A People United in Their Constitutional Understanding Can Never Know an Unjust Government

I know that I haven’t posted anything in over a month but that doesn’t mean that during that time I haven’t given thought to many issues.  With elections coming up in a few months we, the voters, should be thinking of these issues in preparation of making a decision in regards to these issues.

Most of the prominent issues of today deals with the idea of who has the Constitutional power and authority to make decisions in regards to the issue in question.  From the position taken by a lot of persons it would appear that they have little regard to the value of a Constitutional government.

This lack of regard for the Constitutional authority may simply be the lack of understanding of what a constitution is or they consider the issue so important that dealing with the problem takes precedence over the abiding by the Constitution.  Another influence would be that the problem is considered to be so urgent that people are unwilling to address the issue in a constitutional manner.

The most basic understanding of the meaning of a constitution is that it is a legal and moral contract.  It is consider a legal contract in that every court in the land has the obligation to uphold the provisions as declared within that constitution.  It is a moral contract in that it declares who has the authority to make the decisions in regards to any issue that might be righteously determinable.

In order for a constitution to have any meaning it must recognize that men have a free  will in regards to their decisions for no contract can be considered as valid unless all parties enter into that contract willingly and consensually.  It would also mean that men are willing to accept the responsibilities that is inherent in the making of their own decisions.  This would mean that no one can deprive another man of the benefits that may result from those decisions as well as each individual must be willing to accept the consequences of their own decisions.

If the above is considered as a truth then the concept of determinism or as some would say, predestination, cannot be used as a defense for their decisions.  It would also deny that circumstances outside of one’s control dictates or is the cause of particular decisions as some would claim.

In order to understand the purpose of a constitutional government we must first accept all of the above premises.  With the acceptance of all of the above premises we will understand that contracts can only be entered into by persons for only individual persons can possess the above attributes.  We know that only individual persons can violate the terms of a contract and only persons will seek disregard the terms of the Constitution when enacting laws.

We know then, that a constitution is a contract between the people who rule and those people ruled.  We know that only those people who rule will seek to disregard the terms of a constitution because it is they who are limited in addressing the problems of a society not the people ruled.  We can also say that just because the people who are ruled are in agreement with those who rule on any issue doesn’t justify disregard of the terms established within a constitution. 

This, in turn, recognizes  that the people must be united in the meaning and understanding of those terms within that constitution.  And if we are to recognize the justness of a constitution then it must remain consistent in its meaning and understanding for as long as the people recognizes its existence and declare that the people should abide by it.  Without this, the rule of law cannot exist for it no longer exists for the benefit of the people ruled.  It can only exist for the benefit of the people who rule.

13 comments:

Gorges Smythe said...

I believe that ignorance of the constitution is the cause of many of the problems this nation is now facing. I also believe that ignorance is the result of our schools deliberately keeping the upcoming generations of Americans as uneducated as possible as to how and why we have a constitution in the first place.

OldSouth said...

Well written! From the Magna Carta forward, we have been blessed with a tradition of governance that limits the power and reach of the crown/state.

Only in that period of 1781-1792 did the balance tip too far in the direction of the individual and states, thus the necessity of the Constitution we now enjoy.

The 'big idea' that must always be emphasized is the Constitutional limitation of power, versus the European model of constant expansion of the state's power and reach.

The past 100 years of European history should serve as sufficient disincentive to adopt their approach.

Keep writing!

The Griper said...

GS and OldSouth,
i have to agree with both of you.
but we must realize that to declare that ignorance is the reason is a declaration of kindness.

we must also realize that power begets power and that it is always those with limited power who seek to expand their power. this can be seen in every aspect of society not only in government.

Ramblings From a Young American said...
This comment has been removed by the author.
Ramblings From a Young American said...

I do not believe it is ignorance of the Constitution, or even apathy that besets understanding of the Constitution. Instead, I believe what we see as "ignorance" is a choice. A choice that people make between accepting the Constitution as law, or ignoring it as outmoded. What impulses and smaller decisions go into that wider choice I can only guess.

Yet I'm willing to venture that when one believes in the Constitution--in a set delineation of power and rules--you believe in a objective, sensical, universe and a belief system of ideals that are rational, un-mystical. A is A in the most "common-sense" (e.g. Aristotelian) way.

When one does not believe in the Constitution--it supports the assumption of an un-objective, irrational belief system. Instead of believing in what can be understood, you believe in the mystical, and you judge life by what cannot be understood. The terrifying universe is without rules and only ruled by passion; by things outside your control. The Constitution interferes with that belief system, and must be ignored as outmoded.

The Griper said...

he grins as he says "ideology trumps the constitution" huh?

Gorges Smythe said...

I have to agree in part with "Young American", I believe the leadership has made the decision to consider the Constituion outmoded. However, I believe it is the ignorance of the masses that allows them to get by with it.

tweetey30 said...

wow more information than my mind can process right now.. i am still half asleep...

Rational Nation USA said...

Robert Bork... We need ya, a sound rational constructionist legal scholar.

If only it would have been meant to be!

Liberal academia and the pin striped ivy league lawyers without logic are fast gaining control that will allow for the progressives out for after hope and charge their be st shot.

I predict an interesting summer!

SjP said...

Hey My Friend! Its been quite a while since I've had an opportunity to venture around the blogosphere. But, I had to drop by to see what's on your mind ::smile::

Must say that I'm trying to wrap my arms around your basic ideas here with respect to a constitution being a legal and moral contract. To do so, I thought about organizational constitutions rather than our government's to see if your premise applied. In doing so, it appears to me that a constitution sets forth the basic rules, authorities, and responsibilities of the governing body. It also sets forth the rights and privileges of the individuals who members of that organization.

Having said this, I do believe that a constitution is in fact a contract between the governed and the government. Whether that contract is either legal or moral may well be suspect. But, gotta think on this a bit more...

BB-Idaho said...

We might suppose that the US constitution be interpeted in varying ways, considering there are well over 100 major
Christian denominations who cannot agree on the bible. Naturally, the ones that agree with our
views are the right ones. :)

Rational Nation USA said...

Griper - Have missed you. Hope all is well and we soon see your voice on the net once again.

Self Sufficient said...

We are living through what will be recognized as the beginning of the USA's decline into second or maybe even third tier nationhood. Obama's plan includes spreading our wealth to the world so we may all suffer equally.

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