Replies

WG's response has been read and noted.

As far as the discussion on the Constitution goes, I'll be happy to participate as I can, and hope I can contribute something worthwhile.

One thing I do think seems to be a problem is the term "regulate". It's commonly understood meaning in the 18th century has been lost, and replacing it with the more modern definition within the context of the Constitution has resulted in serious misunderstanding of what the responsibilities and authority of the federal government are - IMHO.

The Constitution was written and practical for a land where most of the people lived and died within a few miles, and most business was done within a community. As we entered the industrial age, huge capital investments (factories) that required cheap labor necessitated the importation of immigrants. Meanwhile, the landed aristocracy of the South determined that they did not want to link themselves to the fates of the urban political machines brewing in the Northern metropolises.

A war was fought.

The Constitution was not created to deal with the political realities of the Industrial Age. After anti-trust laws broke the back of the Rugged Individual, 'Progressives' launched a host of national crusades (woman's sufferage, alcohol, cocaine, and opium prohibition...) unthinkable in rational government. Workers exploited the capitalists with the sit-down strike and extorted demands from the capitalists.

War was now exported to build the empire (Spanish-American, The Boxer Rebellion, World War One, Philippines Insurrection...)

We are still living with a failed Industrial Era government. Factories are now closing (as who wants the headaches?) in favor of mobile information business.

The Constitution was based on regional conflicts to promote a balance of power, however, with increased freedom of movement, the lines are drawn around cities and rural communities eager to receive fleeing urban capitalists.

A new Information Elite cares not for nationalism but, in this age, still has tight bonds to the land of our fathers. Much like the generation who fathered the forefathers were still attached to Mother England and would never think of 'rebelling.'

However, since the information elite can go to any port, in any country, and so long as he has his laptop and cell phone, he can conduct business and provide for his family. Thus, most of us will choose discretion as the better part of valor and opt to move rather than bleed for our farms. This is the metaphoric seach for Galt's Gulch we talked about in the last thread.

What will become of the nation-state that we knew? Well, that is why we enjoy politics. The have-nots will continue to demand more from that haves and arcane references to Constitutional interpretations will not stop what amounts to a 73%-93% tax on the amount of wealth we earn in a lifetime (compound interest on $5000 paid each tax year is ~$1.5 million in lifetime earnings- thus the opportunity cost must be considered.)

The United States of America in either the singular or collective sense of the noun is/are broken. The social contract is rent on many many lines. The Bill of Rights has becoming effectively meaningless. The First Amendment is subject to restrictions regarding Freedom of political speech. Freedom of the free exercise of religion, and the right to peaceably assemble. The Second Amendment to the Constitution is ignored. The Fourth Amendment is pretty much valueless now and the Fifth Amendment is certainly gone given the civil forfeiture laws, the IRS reporting requirements. The sixth is ignored when it comes to prosections being done in the state and district where the "crime" was committed and the right to trial by jury is there so that juries may not enforce an unjust law so it is now gone. The seventh is considered null and void. Try demanding a jury trial in a matter of say fifty dollars in a Federal court. As to the right of a jury to determine facts that has long since been pretty much put aside. Tyhe eight amendment is no longer operative if one is a definite target of the government. I could cite examples but when it comes to these guarantees they only apply to protected classes not to ordinary citizens.

The ninth Ammendment has been interpreted by the Supreme Court to include the Penumbra of a right to abortion. Yet can any other right enforced by the courts be found under this Amendment?

The Tenth Amendment is null and void according to Robert Bork. The states have no Rights anymore. The years of the 55 mph speed limit are testimony to that. The Brady Law is testement to that. Nor are the people who are citizens of the USA guaranteed any rights under this Amendment.

I note the presence of this Amendment as a limit to Federal power. Those who say that the Federal Government can govern areas other than those deleagted powers specifically and expressly granted to the Federal Government should read this amendment and reread it.

Yes, our system as defined is broken and we as a nation will pay a terible price for ignoring our most fundamental law. The constitution in Germany in the `1930's and 1940's contained many guarantees of liberty but it was ignored. Likewise the Soviet Constitution contained numerous guartees of individual liberty that were never enforced. When the Constitution means whatever whover holds the power says it means then the only law is superior force. The end result of such a situation is almost always carnage on a massive scale.

Stay well - Stay safe - Stay armed - Yorktown