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Faux Contracts

I really like Ron Paul, and all that he says, and all that he stands for. Except. Yes, there is one exception, and it’s a doozy: the importance he places on the US Constitution.

Let me explain. The US Constitution as it was originally written and understood, one that attempted to create a LIMITED government and a FEDERATION of states, was brilliant for its day. A federation is a construct that embodies the principle of subsidiarity, a cornerstone of natural law. So, I find the US Constitution to be wonderful in what it set out to accomplish.

However, over time, and almost from the beginning, it underwent corruption, as any dead document does. The limited government gave way to virtually unlimited government. Real federation gave way to a nationalism, where everything important comes from DC, and states have become beggars for handouts from the center of power.

How did this happen? The root cause goes back to that description I gave of the US Constitution: a dead document. If you look at it, it has the form of a contract. It has all this legal language, and an array of very official-looking signatures at the end. The problem is, none of the people who signed it, none of the people who voted to ratify it, not one is alive today. It is a dead document, which means that we are controlled by the dead. What gives them the right? No one and nothing. It is not about right any longer, only about might.

The problem with the US Constitution, as with any government established by constitution, is that every constitution is a faux contract.

That’s why this site is called Government By Contract. I believe that we need REAL contracts, not faux ones. Even one as clever as the US Constitution. Only with real contracts can governments get their just powers from the consent of the governed, and not by the consent of the long dead.


Comments on: "Faux Contracts" (2)

  1. Dwight Johnson said:

    No one has the “right”. But reality sadly shows that they “can”, at least for a time. Thanks for your thoughtful comment, and the pleasant evocation of the great Lysander Spooner.

  2. Lysander Spooner addressed this admirably in his essay “No Treason” and in his “Letter to Grover Cleveland”.

    He pointed out that nobody can make a contract that’s binding on others.

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