martybegan
Diamond Member
- Apr 5, 2010
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The Constitution gives power for things like that to the State Legislatures.
And there is also the idea of local rule. If the people of Alabama want to ban abortion and SSM, why should people in NY care?
I take exception with the idea that a piece of parchment can "give power".
However, I agree that people in NY shouldn't have a say about what people in Alabama do. By this same logic, no individual or group should have a say about what any other individual or group does, as long as no one's fundamental rights are being violated. Obviously, this obviates democracy in any form.
It does give power to the various levels of government. Now If I said it gives "rights" you may have a better argument.
And the big "L" Libertarian in you of course sees it that way, but the small "l" libertarian in me sees the ability of people to consent to forms of government, such as we have, in a strict constructional federalist way (to me) of course.
When we say “power”, what is meant? It’s not merely the ability to do something. A document can’t establish that; the ability either exists or it does not.
So the document is trying to establish the right to do something. To accept this document, you must believe that man can create rights (via small-group consensus and writing things down, apparently). The ostensible idea here is not “We don’t have a right to do these things, but we’re going to do them anyway”; it’s “By consent of the governed we do have a right to do these things.”
Government is the claim that some may obtain rights in excess of what others have. Congress may lay and collect taxes, but you may not. And the only things that lay outside the realm of individual rights are individual “wrongs”, i.e. actions that infringe upon the rights of others. Government is literally, by definition, the right to do what is wrong; or license to act immorally.
People cannot change the nature of morality by consent. And especially not when they are “consenting” on behalf of others (an impossibility), which is precisely the situation here, since many do not consent but are made subject to government anyway.
Any moral government would be indistinguishable from any other group of individuals, since rights are equal across all of humanity. So you see that government’s only distinguishing characteristic is immorality, and it must be so in all cases; there is simply no way around this.
The document breaks down the powers given to the Federal government, those given to the States, and those retained by the People.
The rest of your post is basically just wishing reality wasn't reality.