You and me Monkeys! Libertarianism or bust...!

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_barrelomonkeys
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Post by _barrelomonkeys »

RenegadeOfPhunk wrote:You've asked lots of good questions Monk. (I want a shortened name to call you. Is Monk ok? I kinda like it!)
But it's getting late here in the 'who knows what our constitution is going to look like tomorrow' UK, and I don't know whether I'm gonna be able to be at my computer tomorrow. I may actually - you know, like 'Go outside' and 'See real people' or something instead. Seems a bit drastic, but what the hey...

So might be a day or two, but I will end up hitting all the points. I've started, so I'll finish!

But it's getting good - no? :D


Awww... YOU are a tease! ;p

Yah. Enjoy some fresh air. I probably need to do the same.
_barrelomonkeys
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Post by _barrelomonkeys »

Hey Ren. Just so you know my husband is pissed at you. :D

He called me last night and asked what I'd been doing. I told him I'd dug some stuff out of the attic and had my Common Sense http://www.ushistory.org/PAINE/commonsense/index.htm out and was poring over it.

His words, "Oh Sh**!"
_Ren
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Post by _Ren »

Monk wrote:Hey Ren. Just so you know my husband is pissed at you. :D

He called me last night and asked what I'd been doing. I told him I'd dug some stuff out of the attic and had my Common Sense http://www.ushistory.org/PAINE/commonsense/index.htm out and was poring over it.

His words, "Oh Sh**!"

Heh! Doh - how big is he?
Tell him it's not my fault, and that you made ME wanna talk about this! Honest. Guv.

About this Slavery and the US constitution issue, what do you think to this section I found on this page:
http://www.lysanderspooner.org/Unconsti ... avery8.htm

The constitution of the United States, at its adoption, certainly took effect upon, and made citizens of all "the people of the United States," who were not slaves under the State constitutions. No one can deny a proposition so self‑evident as that. If, then, the State constitutions, then existing, authorized no slavery at all, the constitution of the United States took effect upon, and made citizens of all "the people of the United States," without discrimination. And if all "the people of the United States" were made citizens of the United States, by the United States constitution, at its adoption, it was then forever too late for the State governments to reduce any of them to slavery. They were thenceforth citizens of a higher government, under a constitution that was "the supreme law of the land," "anything in the constitution or laws of the States to the contrary notwithstanding." If the State governments could enslave citizens of the United States, the State constitutions, and not the constitution of the United States, would be the "supreme law of the land" ‑‑ for no higher act of supremacy could be exercised by one government over another, than that of taking the citizens of the latter out of the protection of their government, and reducing them to slavery.


This is how I kind of undertstood it. The constituation didn't matter to the slaves they weren't truly citizens. They were more like 'property'. Kinda like my Sister's dog has rights - but not the same rights as 'citizens'...
That - to me - was the reason why it didn't even seem to matter what was written in the constitution. As long as you say 'the constitution doesn't actually apply to "these people"', then what does it matter what's written in there, in relation to them?

The thing that most worries me about a consitutution where none of it can be taken back is that I see that concept as a contridiction to Libertarianism. I'm sure I won't find much (if anything) in the U.S. consitutation that I'd take real issue with. But the fact is that anything can be interpereted all kinds of ways - depending on doing the reading. And having a bunch of rules that are now set in stone, where the democratically elected goverments can no longer 'change their minds' about any of the 'old rules' seems dangerous to me - in the long run.
...to me, it's kind of like the example I used in that MA&D board speal I linked you to - with the guy who wants me to to lock him in a cell, throw away the key and never return to check on him again. I'd follow the first request, but not the second two. (Well, I would consider throwing away the key if I knew it could be replaced). I wouldn't let this guy get into a position where he couldn't change his mind later. Because that is an attack on Liberty. And I see the same danger in an unalterable consitution - where society can draw itself into a rule, and then never be able to get themselves out of it again.

Here's about the best example I can think of - the ERA. It never went though, but at one time it would be fair to say that it was certainly on the cards at one time. Now, some of the 'extreme' possibilities bought up in relation to the ERA were things like seperate toilet areas becoming illegal. Or drafting women in times of war as a legal nessesity. etc. etc.
Now - I'm not convinced all those extreme situations would have come about - but imagine if the ERA had been introduced, and then all these extreme situations DID come about. And everybody in the country suddently decided 'Ahh man - you know, that ERA was a big mistake. We shouldn't have done it..'

...what then? Tough luck? It literally doesn't matter how many people think the Amendment was a mistake - too bad? It's gotta stay?
Well, not only would I argue that that would be against Libertarianism, it also just plain wouldn't work. SOmehow, you'd get round it. It would just be interpereted in whatever way got the result most people wanted - I'd imagine.
In other words - at the end of the day - democracy would win, over some rule written on a piece of paper that no-one believed in anymore. (I don't mean the idea of the consittuation, I mean the specific amendement that was no longer agreed with).


With all that said, I DO understand the point that the majority can be allowed to have unjust dominion over the minority without a consitution. I acccept that, and I also want to combat that. But I'd argue that having a constitution doesn't stop the majority having unjust dominion over the minority.
It could be seen with slavery back then.
And it can be seen in the denial of homosexual rights right now. The consitution isn't stopping that injustice either. And yet countries like Canada and the UK have already introduced same sex marriages / civil unions - nationwide. From where I'm standing, we would appear to be AHEAD on that game in that respect... And this is with the UK having no fixed consitution which is 'forcing' us to secure these rights...

My argument is that consitutions don't secure rights. People do. People have to look around them and realise that rights have to be secured - for all people. Not just the majority, or people like 'them'.
I believe the only way to do that is to make sure the people have a voice, and can hold their goverment to account. That is the 'minumim' required. The rest - I beleive - simply comes with time. Like a tasty stew on a low boil...


Still lots more to say (sorry!), but I've gotta head out again now. Might be able to hit some more of your points later today...
_barrelomonkeys
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Post by _barrelomonkeys »

RenegadeOfPhunk wrote:**!"

Heh! Doh - how big is he?
Tell him it's not my fault, and that you made ME wanna talk about this! Honest. Guv.

He's all bark, no bite. ;D
About this Slavery and the US constitution issue, what do you think to this section I found on this page:
http://www.lysanderspooner.org/Unconsti ... avery8.htm

Well I think that page gives a nice over view. The issue with the constitution is it stated WHO citizens were, and what rights those specific citizens had. The constitution was flawed. It ignored slaves (yes, they were considered property) and in other respects it ignored women. Women were citizens although they too were property. Women were property much longer than black males were by the way in America.

I think you're getting hung up on the United States Constitution. This new society you and I would build would not be modeled after a United States constitution, rather it would be created to make a pact between the new citizens of the new society and the government they were forming.

This is how I kind of undertstood it. The constituation didn't matter to the slaves they weren't truly citizens. They were more like 'property'. Kinda like my Sister's dog has rights - but not the same rights as 'citizens'...
That - to me - was the reason why it didn't even seem to matter what was written in the constitution. As long as you say 'the constitution doesn't actually apply to "these people"', then what does it matter what's written in there, in relation to them?


Well. I would say Ren that in a new society if it matters that all people are given equal rights and citizenship that NEEDS to be spelled out in the constitution. I'm not saying a constitution rights wrongs and liberates those that have no liberty. What I am saying about a constitution is that it spells out precisely WHO has liberty. If the citizens (and we're assuming this is a new Libertarian state) are true to their ideals then their constitution will reflect their Libertarian philosophy by outlining that all people regardless of creed, race, or gender are citizens with equal rights under this new contract.



The thing that most worries me about a consitutution where none of it can be taken back is that I see that concept as a contridiction to Libertarianism.


Well I can tell you that I vote. ;) Many of my female ancestors could not. My daughter's best friend is African American and her parents own property and have the same benefits of citizenship that my husband and I enjoy. The American constitution can be changed.

I'm sure I won't find much (if anything) in the U.S. consitutation that I'd take real issue with. But the fact is that anything can be interpereted all kinds of ways - depending on doing the reading. And having a bunch of rules that are now set in stone, where the democratically elected goverments can no longer 'change their minds' about any of the 'old rules' seems dangerous to me - in the long run.


Well I think you may have thought I was praising the US constitution and suggesting that as a model. I was not. Look here at what Paine said about the origins of government. This actually makes quite a bit of sense to me and is easy to digest.

http://www.ushistory.org/PAINE/commonsense/sense2.htm

In order to gain a clear and just idea of the design and end of government, let us suppose a small number of persons settled in some sequestered part of the earth, unconnected with the rest; they will then represent the first peopling of any country, or of the world. In this state of natural liberty, society will be their first thought. A thousand motives will excite them thereto; the strength of one man is so unequal to his wants, and his mind so unfitted for perpetual solitude, that he is soon obliged to seek assistance and relief of another, who in his turn requires the same. Four or five united would be able to raise a tolerable dwelling in the midst of a wilderness, but one man might labour out the common period of life without accomplishing any thing; when he had felled his timber he could not remove it, nor erect it after it was removed; hunger in the mean time would urge him to quit his work, and every different want would call him a different way. Disease, nay even misfortune, would be death; for, though neither might be mortal, yet either would disable him from living, and reduce him to a state in which he might rather be said to perish than to die.

Thus necessity, like a gravitating power, would soon form our newly arrived emigrants into society, the reciprocal blessings of which would supercede, and render the obligations of law and government unnecessary while they remained perfectly just to each other; but as nothing but Heaven is impregnable to vice, it will unavoidably happen that in proportion as they surmount the first difficulties of emigration, which bound them together in a common cause, they will begin to relax in their duty and attachment to each other: and this remissness will point out the necessity of establishing some form of government to supply the defect of moral virtue.

Some convenient tree will afford them a State House, under the branches of which the whole Colony may assemble to deliberate on public matters. It is more than probable that their first laws will have the title only of Regulations and be enforced by no other penalty than public disesteem. In this first parliament every man by natural right will have a seat.

But as the Colony encreases, the public concerns will encrease likewise, and the distance at which the members may be separated, will render it too inconvenient for all of them to meet on every occasion as at first, when their number was small, their habitations near, and the public concerns few and trifling. This will point out the convenience of their consenting to leave the legislative part to be managed by a select number chosen from the whole body, who are supposed to have the same concerns at stake which those have who appointed them, and who will act in the same manner as the whole body would act were they present. If the colony continue encreasing, it will become necessary to augment the number of representatives, and that the interest of every part of the colony may be attended to, it will be found best to divide the whole into convenient parts, each part sending its proper number: and that the ELECTED might never form to themselves an interest separate from the ELECTORS, prudence will point out the propriety of having elections often: because as the ELECTED might by that means return and mix again with the general body of the ELECTORS in a few months, their fidelity to the public will be secured by the prudent reflection of not making a rod for themselves. And as this frequent interchange will establish a common interest with every part of the community, they will mutually and naturally support each other, and on this, (not on the unmeaning name of king,) depends the STRENGTH OF GOVERNMENT, AND THE HAPPINESS OF THE GOVERNED.

Here then is the origin and rise of government; namely, a mode rendered necessary by the inability of moral virtue to govern the world; here too is the design and end of government, viz. Freedom and security. And however our eyes may be dazzled with show, or our ears deceived by sound; however prejudice may warp our wills, or interest darken our understanding, the simple voice of nature and reason will say, 'tis right.

...to me, it's kind of like the example I used in that MA&D board speal I linked you to - with the guy who wants me to lock him in a cell, throw away the key and never return to check on him again. I'd follow the first request, but not the second two. (Well, I would consider throwing away the key if I knew it could be replaced). I wouldn't let this guy get into a position where he couldn't change his mind later. Because that is an attack on Liberty. And I see the same danger in an unalterable consitution - where society can draw itself into a rule, and then never be able to get themselves out of it again.


Absolutely! I agree!! If you want a fluid constitution in this new society CREATE one! :D

Here's about the best example I can think of - the ERA. It never went though, but at one time it would be fair to say that it was certainly on the cards at one time. Now, some of the 'extreme' possibilities bought up in relation to the ERA were things like seperate toilet areas becoming illegal. Or drafting women in times of war as a legal nessesity. etc. etc.
Now - I'm not convinced all those extreme situations would have come about - but imagine if the ERA had been introduced, and then all these extreme situations DID come about. And everybody in the country suddently decided 'Ahh man - you know, that ERA was a big mistake. We shouldn't have done it..'

...what then? Tough luck? It literally doesn't matter how many people think the Amendment was a mistake - too bad? It's gotta stay?

No the constitution can be amended. For instance ever know that there was an amendment prohibiting the sale and consumption of alcohol in America? There was! Guess what? This amendment was no longer applicable when a later amendment reversed the prior one. If you want your constitution to be fluid make it so. Don't put road blocks into your constitution.

Well, not only would I argue that that would be against Libertarianism, it also just plain wouldn't work. SOmehow, you'd get round it. It would just be interpereted in whatever way got the result most people wanted - I'd imagine.
In other words - at the end of the day - democracy would win, over some rule written on a piece of paper that no-one believed in anymore. (I don't mean the idea of the consittuation, I mean the specific amendement that was no longer agreed with).

Well.. I don't know. I think we think of democracy and contracts in different ways. I see a constitution as necessary as protecting everyone from the democracy! For instance the constitution ensures that the kids I teach (children with disabilities) have a free and appropriate education. Most Americans don't support or care for special education. They want to slash that program, even fellow teachers often do not appreciate children with special needs in our school. The United States constitution is my ally in assuring that these children (in the minority) can still succeed and have the same right to an education as those in the majority that wish they were not there.




With all that said, I DO understand the point that the majority can be allowed to have unjust dominion over the minority without a consitution.


Well even WITH a constitution a majority will try to suppress the minority. I just view a constitution as essential in outlining that all citizens have certain rights and that the majority can not just do as they will.

I acccept that, and I also want to combat that. But I'd argue that having a constitution doesn't stop the majority having unjust dominion over the minority.
It could be seen with slavery back then.

Oh right! LOL See above. I was replying and didn't see you had said that.
And it can be seen in the denial of homosexual rights right now. The consitution isn't stopping that injustice either. And yet countries like Canada and the UK have already introduced same sex marriages / civil unions - nationwide. From where I'm standing, we would appear to be AHEAD on that game in that respect... And this is with the UK having no fixed consitution which is 'forcing' us to secure these rights...

Ahh.. but at some point it could.

You know. You're looking at your new society and we're brainstorming. I'm not suggesting an AMERICAN constitution. No. Absolutely not.

I was thinking about the UK constitution. It is very fluid but it has eons of historical relevancy and a history steeped in tradition. A new society needs to have a formal contract (I believe) to ensure that they start new case law, new precedents, and create a tradition. I just don't see a new society coming into being and not having some sort of understanding as to what they are coming together to form. In essence, it just makes it easier to refer back to.

My argument is that consitutions don't secure rights. People do. People have to look around them and realise that rights have to be secured - for all people. Not just the majority, or people like 'them'.


I AGREE! People secure rights! I just think having those rights spelled out doesn't hurt. Yanno?
Last edited by Guest on Sun Aug 05, 2007 2:31 pm, edited 2 times in total.
_barrelomonkeys
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Post by _barrelomonkeys »

Oh and Ren. To me a pretty vital part of a constitution is really to explain what the government will do, how it functions and to spell out the mundane aspects of the design of the new government. If you don't want checks and balances or a frustration in the process of legislation then your constitution can be very thin. Again, I just view it as a contract.
_Ren
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Post by _Ren »

barrelomonkeys wrote:Women were citizens although they too were property. Women were property much longer than black males were by the way in America.

Very good point! And one I should remember...

No the constitution can be amended. For instance ever know that there was an amendment prohibiting the sale and consumption of alcohol in America? There was! Guess what? This amendment was no longer applicable when a later amendment reversed the prior one. If you want your constitution to be fluid make it so. Don't put road blocks into your constitution.

Ahh - this is interesting. I wasn't aware of this. So a later amendment can effectively 'over-ride' a previous entry? Interesting - I wasn't aware that was possible. I'll look into the alchohol example you cited...

So - it looks like the American and UK set-ups aren't as dis-similar as I thought. Although I guess it's true to say that the UK set-up is more flexieble than the other (i.e. easier to alter). But I guess I saw the American set-up as more 'inflexiable' than it really is at the same time - which made the discrepancy seem more extreme than it really is.

Interesting...

So perhaps the issue I should be worrying my noggin over is how 'flexible' the consitution would be, rather than worrying too much about how 'thin' it starts off, or worrying about getting it absolutely right 'first pass'... (Considering our new, hypothetical state).

Well. I would say Ren that in a new society if it matters that all people are given equal rights and citizenship that NEEDS to be spelled out in the constitution. I'm not saying a constitution rights wrongs and liberates those that have no liberty. What I am saying about a constitution is that it spells out precisely WHO has liberty. If the citizens (and we're assuming this is a new Libertarian state) are true to their ideals then their constitution will reflect their Libertarian philosophy by outlining that all people regardless of creed, race, or gender are citizens with equal rights under this new contract.

Well, if the constitution 'overall' is flexible, then I agree really. I guess my objection came from this notion I had in my headthat once it's in the constitution, it's supposed to be binding literally no matter what may happen in the future. This is what I had in mind when I talked about a 'U.S.-style' consititution. (Because that's how I saw it)
There ARE things that I think simply cannot ever be over-ruled - mind. Having the option of voting yourself back into a non-democratic dictatorship - to me - would be the equivalent of locking yourself into a cell without any option to change your mind later. So that's why I would see that as 'non-alterable'. Ever. And free speech would be required to make sure that ideas and viewpoints can flow - so that Libertarian ideals can flourish.

...but at the same time, your right. If the consititution is - at least in principle - overridable with later desisions, then I don't have a problem at all with laying down the groundwork of needed rights and liberties in the best manner that I can concieve of at the time.
Ok - so looks like were probably on the same page here, or at least close to it. All things considered...

For instance the constitution ensures that the kids I teach (children with disabilities) have a free and appropriate education. Most Americans don't support or care for special education. They want to slash that program, even fellow teachers often do not appreciate children with special needs in our school. The United States constitution is my ally in assuring that these children (in the minority) can still succeed and have the same right to an education as those in the majority that wish they were not there.

Right - I get what you mean. I think what has warped my view on this a little bit are the times where I often see people arguing over what is 'constitutional', and wondering how much either of them really care about the liberty of anybody. It often seems like their just seeing what they can 'squeeze' out of it.
But I think this kind of example would actually make your point. The fact is they wouldn't HAVE to care - the written constitution will limit them even if they don't give a toss about the liberty of minorities, or anybody else...

A new society needs to have a formal contract (I believe) to ensure that they start new case law, new precedents, and create a tradition. I just don't see a new society coming into being and not having some sort of understanding as to what they are coming together to form. In essence, it just makes it easier to refer back to.

Ahh - I see what you mean. A 'less fluid' consitiution might be more advisable when a new state is being created. Hmmm yeah, you've proabably got a very good point here...

Oh and Ren. To me a pretty vital part of a constitution is really to explain what the government will do, how it functions and to spell out the mundane aspects of the design of the new government. If you don't want checks and balances or a frustration in the process of legislation then your constitution can be very thin. Again, I just view it as a contract.

Yeah. I've got a better idea of the kind of ideal consitution you specifically have in mind here now.
But you said earlier that you wouldn't want the U.S. Consitiution used in our new hypothetical state. Do you mean you would want the 'flexibility' of it over time to be different? Or do you mean you would just want literally different words written in it?
_barrelomonkeys
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Post by _barrelomonkeys »

Hey Renegade! Glad we see eye to eye on some things.

I have no problem with the United States Constitution. I think it is actually a pretty remarkable document that can change yet does slowly as not to get carried up in societal whims.

I'm just not saying you would have to create your Libertarian constitution to mirror the one I live under.

I think for the new society you would have to decide what you wanted the government to do and the scope of the government. What do you think that would be in a Libertarian state?
_Ren
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Post by _Ren »

Well, I always thought the U.S. model was a very good one. And after talking with you and learning more details about it, I like it more and more...!
I did have a sticking point with how the U.S. constitution works and develops, but I think a lot of that was down to my perception of it, rather than reality.

Off the top of my head, I can't think of any entries in the U.S. constitution that I have large issues with. Even the one that I question most often - the right to bear arms - I really have a lot of time for, and I know the potential problems with not taking that one seriously can be immense! ...I just question the practicallity of it in the modern age - but I can accept that the principle is sound.
But one question - that may lead to others. Are there any parts of the constitution that would forbid, let's say, a national health service - run (in some manner) by the goverment using public taxes? I'm not talking about is it possible under what might be considered 'U.S. Libertarianism'. (Or 'right Libertarianism' as Don called it). I'm talking about specifically what is written in the current U.S. constitution...

But getting back to the 'flexibility' of the constitution, I don't know if you've noticed the 'discussion' on MA&D I'm having right now, but the issue of the U.S. consitution has come up again there.
I do still have this nagging worry that putting 'too' much emphasis on a constitution can give some people an exuse to not actually inspect an issue in what I would call 'reasonable' terms.
In the U.K. someone might say 'In this country, we have a long history of respecting 'this' tradition or 'that' tradition etc.'. This would be somebody's way of saying 'It's worked this way for a long time - why change it'? But it's never put across like 'Well, it says here 'X' and 'Y' - so there ya go. Issue settled'. That argument literally means nothing to where we 'should' be - and I think that's simply an accepted part of politics over here.

However, it seems that if someone in the U.S. says "Well, the constitution doesn't say that 'X' or 'Y' is a 'right'", then - it's almost like the conversation is over. No points for or against matter anymore. The constitution 'has spoken'.
I understand that the constitution can defend the rights of those who could be 'dominated by the majority'. But the flip-side is giving people an exuse to ignore injustices that they don't care about facing with the exuse 'Well, the constitution says'...

I 'think' the answer is some kind of 'balance' in the flexibility in the constitution. Not too 'rigid' as to stifle debate, but not too 'loose' as to be worthless.
I'm still thinking it through though...
Last edited by Guest on Sun Aug 05, 2007 10:20 pm, edited 1 time in total.
_barrelomonkeys
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Post by _barrelomonkeys »

Hey Ren, I'm feeling a bit emotional today. Sorry! Not feeling really up to this discussion at the moment. I'll get back to your questions about guns and why the founders of America felt it was of paramount importance to have this right included in the Constitution. I'll do healthcare,etc.. too. I'm just feeling a bit sapped right now.

Can you direct me to the thread at MAD that there is the discussion of the Constitution? I don't visit MAD often anymore. I went today (I suppose you saw that) and left wishing I'd never visited.

The thing about the constitution is that it is NEVER spoken for. It interpreted and different people (and Supreme Court Justices) look at that exact same Constitution and come to differing conclusions. THAT is the disagreement. It is never final. And I love that! :D
_Yoda

Post by _Yoda »

barrelomonkeys wrote:Hey Ren, I'm feeling a bit emotional today. Sorry! Not feeling really up to this discussion at the moment. I'll get back to your questions about guns and why the founders of America felt it was of paramount importance to have this right included in the Constitution. I'll do healthcare,etc.. too. I'm just feeling a bit sapped right now.

Can you direct me to the thread at MAD that there is the discussion of the Constitution? I don't visit MAD often anymore. I went today (I suppose you saw that) and left wishing I'd never visited.

The thing about the constitution is that it is NEVER spoken for. It interpreted and different people (and Supreme Court Justices) look at that exact same Constitution and come to differing conclusions. THAT is the disagreement. It is never final. And I love that! :D


Who was mean to you on MAD? Do I need to beat someone up?

;)
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