Sunday 21 March 2010

Constitutional Authority - a Fool's Hope

Whenever talking to American libertarians I come across a sub-group who call themselves Constitutionalists. This is an appeal to them:

My Good People! I thought this question was settled definitely by John C. Calhoun in his Disquisition on Government and Lysander Spooner in his immortal work No Treason: The Constitution of No Authority. The Constitution, no matter how "nice" and "clever" it sounds, is nothing but a dead piece of paper! I am personally a big fan of the Constitution of the Confederate States of America, which I consider to be the best constitution ever written, but nonetheless I acknowledge that it was just a piece of paper. There are two decisive problems with pieces of paper being treated as rulers of countries:
1. They are as illegitimate as any other rule forced upon the people.
2. They cannot enforce themselves - being just paper.
Lysander Spooner tells it best in the opening lines of No Treason: "The Constitution has no inherent authority or obligation. It has no authority or obligation at all, unless as a contract between man and man.". He then goes on to prove - in a remarkably elaborate, yet clear and simple way - that the Constitution of the United States in no contract, but a series of statements forced upon one group of people ("The Founding Fathers") on another (the rest of the population of the former British American colonies). This much is certainly true. Yet, perhaps, we would be able to put up with this ideological hypocrisy ("free men" being "ruled over" by paper), if it was actually enforcable and did its job (protected the liberties of the people subject to it). However, as Calhoun points out, it is an error to believe that a written constitution alone is “sufficient, of itself, without the aid of any organism except such as is necessary to separate its several departments, and render them independent of each other to counteract the tendency of the numerical majority to oppression and abuse of power” . Thus, democracy is again showed to be the monster which constitutional government unleashes on us all. Democracy is founded on the constitution, but eventually it outgrows and supplants it. If you give the majority special priveleges it will abuse those priveleges. Any group given special priveleges is bound to eventually abuse them! I think it is time to stop dreaming and find a better solution to the problem of abusive government.

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