Steve G.

Posts Tagged ‘liberty’

HOW I THINK THE CONSTITUTION CAN BE FIXED (Part II: The Preamble)

In Activism, Congress, Constitutional Rights, Democracy, History, Law, Libertarian, Libertarian Politics, Military, Politics, US Government, War on May 26, 2009 at 8:00 am

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.

At 53 words (1.15% of the total words in The Constitution), The Preamble to The Constitution of The United States is, not counting any of the Amendments, the shortest section of The Constitution after Article VII (Ratification). It has never, to my knowledge, ever been used as a basis for any constitutional court case, or for any decision (majority, dissenting, or separate) made by The Supreme Court. The Preamble is essentially considered to be the ‘pretty words’ before the ‘actual’ Constitution. That is kind of like seeing it as a short, light poetry reading for entertainment purposes before the start of the ‘real business’ part of the program. I think that such a view is a tragic mistake.

First of all, The Preamble is fully a part of The Constitution, written with it and subjected to the same ratification process as every other part of The Constitution was. It is a shame, at best, and short-sighted, at worst to not give it the same respect and standing as every other part of The Constitution. For example, for the hawks and for those in the Bush administration, it provides the best justification in the entirety of The Constitution for their aggressive military views and focus on defense issues (“We the People of the United States, in Order to…, provide for the common defence). In my view, the ‘Commander-in-Chief” clause (which I will talk about in my part of this article which will deal with Article II – The Executive Branch) does NOT give the Executive Branch the power or authority that it wants to claim under that clause. Their best arguments can be made using the relevant words in The Preamble.

Unfortunately, for those same hawks and those conservatives who are against progressive social policies, if they want to use the ‘common defence’ wording of The Preamble upon which to build a case, they must also concede equal standing to all of the other provisions of The Preamble. To me, The Preamble is an active part of The Constitution which establishes objectives which our government under The Constitution is obligated to strive to try to achieve. I will discuss this idea in more detail in the part of the article which will deal with Article I (The Legislative Branch) but, briefly goals and objectives are the same as strategies and tactics. Objectives / tactics are the broad, general, rather nebulous overarching purpose of something which cannot be quantifiably measured or ever be truly achieved… we will make the world a better place, we will create a more perfect union, we will explore space, we will end sickness and disease, etc.… these are all objectives. You cannot measure them, you cannot quantify them, you can ONLY work towards them. What helps you work towards achieving your objectives / tactics are your goals / strategies. Goals / strategies are the specific, quantifiable and measurable and specifically achievable progress points which are established as as ways to help us achieve our objectives / strategies … we will reach the moon by the end of the decade, we will give the vote to eighteen year-olds, we will defeat Hitler, we will wipe out smallpox, etc…. these are all goals.

For my section on the Legislature, I will advocate, and give my rationale for making goals and objectives a specific part of the legislative process. For this section on The Preamble, I will simply say that it is where I see the founders listing the objectives which they wanted us to work towards. To me, this makes The Preamble one of the, if not the, single most important parts of the entire Constitution. All that WE need to do is pay attention to it and give it the same respect and standing that we give to any and every other part of The Constitution.

The lack of consideration given to The Preamble is yet another shining example of what I see as the base hypocrisy of those who cry and scream that The Constitution needs to be read literally and without interpretation (the second part of which is, of course, impossible) but do not practice what they demand. The Preamble is just as much a part of The Constitution as any other part is. It was subjected to the same ratification procedure and cannot be changed without such changes going through the same amendment procedure as any other changes to The Constitution would have to go through.

The only change that I would make with regards to The Preamble would not be to change any of its words, it would be to change what respect and legal standing we give those words among our other laws and constitutional provisions.

Rhys M. Blavier

Romayor, Texas

Truth, Justice and Honor… but, above all, Honor

© copyright 2009 by Rhys M. Blavier
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Thank you for reading this article. Please read my other articles and let me know what you think. I am writing them not to preach or to hear myself think but to try to create dialogs, debates and discussions on the nature of our government and how we can build upon and improve it based on what we have seen and learned over the course of the 225 years of The American Experiment.

Chip-in for Kent Snyder

In Politics, Republican on July 3, 2008 at 8:43 pm
Kent Snyder

As many of you are probably aware, Ron Paul’s longtime friend and campaign chairman, Kent Snyder, recently passed away after a two-month battle with pneumonia at the all-too-young age of 49.  He was a mild-mannered, yet determined and tireless advocate for the cause of liberty who had a profound influence on everyone working alongside him.  He will be dearly missed.

Compounding the tragedy of this event, his family has been saddled with some $400K of medical bills in his passing.  While this may seem like an enormous sum of money, especially amidst our current economic climate, those of us who have been involved with Ron Paul’s presidential campaign over the past 1-1/2 years understand completely the power of numbers.  Tens of thousands of ordinary people making modest contributions twice propelled Ron’s campaign to record-breaking fund-raising days.

Please consider visiting the site linked below and making your own modest donation to this worthy cause and then passing the message on to other liberty-minded folks.

http://kentsnyder.blogspot.com/

Greetings

In Libertarian, Libertarian Party-US on June 14, 2008 at 2:24 am

I am honored to be asked to join the “Last Free Voice” team.  I look forward in learning and sharing thoughts of liberty with fellow libertarians.

Eugenics being promoted to prevent child abuse

In Big Brother, Children, Communism, Constitutional Rights, Crazy Claims, Health, Human Rights Abuses, Law, Libertarian, Minorities, Nanny State, Personal Responsibility, US Government on March 24, 2008 at 6:24 pm

EugenicsI ran across the following comment on a newspaper’s reader comments section:

ARRRG!… I’ve said it before and I will stand by it. Some people do not deserve to have children. It should be mandatory that when a girl get her period they go on birth control and when they are ready to have a kid someone has to come and check out the living conditions and a mental exam has to be administered to both parents and they have to pass and then they grant you permission to have a child. I personally think it would save a lot of children. Being a woman myself and seeing this type of stuff I am all for it. IGNORANCE IS PREVENTABLE!!!

Why on earth would anyone living in the United States harbor the belief that the government should have total control over everyone’s life, including their most basic right, to reproduce?

While I do understand that child abuse is a very serious problem in this country, the solution is the exact opposite of what she proposes. If everyone took responsibility for their own lives, there would be no child abuse or neglect. Obviously, total personal responsibility is merely a philosophical ideal, since there will always be those who refuse to step up and take responsibility. Nevertheless, the failure of the few to take responsibility for their lives does not negate the right of the many to do so, without government interference.

The same people who harbor such beliefs would likely scream to high heaven if the mother in question – who abused her infant after losing her temper when the baby cried for days on end – had undergone an abortion rather than giving birth to a child she likely did not want, and definitely could not handle. Regardless of what the uninformed among us believe, giving a child up for adoption carries a stigma as well. Many times a pregnant woman finds herself in the position that she’s damned if she does have the child, and she’s damned if she doesn’t have the child, due to social pressures.

I don’t have the answer to this dilemma, but I do know that government control over reproduction is not the answer. After all, many otherwise completely normal mothers lose their tempers with crying infants, socioeconomic status notwithstanding, so governmental control would not stop the problem. That does not excuse the behavior, but it does prove that the suggestion made above is rather ignorant; though strangely, she attributes ignorance to those who dare disagree with her.

If denying the government the ability to grant or deny such a basic human right as reproduction is her definition of ignorance, I will gladly bear the title.

Don’t get me wrong, I am not excusing the mother for abusing her child; far from it, in fact, since I find the abuse of the helpless to be the most heinous crime of all. However, there is an undercurrent in this country, with its basis in extremist religious beliefs and the far right, which uses child abuse cases as an excuse to advocate that the government take total control over the reproductive lives of its citizens. These extremists do not understand that government must be controlled, and never given carte blanche to do whatever it wants. Yet they would grant the government the right to decide who can reproduce, and when they can reproduce; and as history has proven, in no time the government would turn that power into a eugenics program wherein the poor – which by necessity would include many minorities – would not be permitted to reproduce at all. That’s absolutely insane.

I fear for the future of this country, when I read such comments. Perhaps it is easier for some if they don’t have to take any responsibility whatsoever for their lives; but when they are openly and actively advocating total government control over others’ lives, they have gone too far. As libertarians we have a responsibility to speak out, loudly and clearly, against anyone who would openly advocate such bizarre government programs. We have a responsibility to educate others about the very real dangers of giving the government too much control over our lives, whether we run across the statist mindset online, or in our personal lives. As libertarians, we must spread the word of liberty, even if only to one person at a time.