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Hot Topic (More than 10 Replies) Are Constitutionalists Libertarians? (Read 94 times)
burnsred
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Re: Are Constitutionalists Libertarians?
Reply #10 - Nov 7th, 2017 at 2:34pm
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The preamble is not binding.  It's only the sales language.

We gave up the right to be government primarily by state laws and state officials rather than by a distant government Washington. 

We gave up the natural right to keep and bear arms in favor of a codified and regulated right to do so.

We gave up the natural right to refuse to quarter soldiers on either side of an active conflict.

We gave up the natural right to refuse to testify in a court case in favor of the right to only avoid testifying against ourselves. 

Most importantly even than the enumerated rights that the Constitution took from us is that it laid the groundwork for a government that has been allowed to grow out of control.  That started with the Whiskey Tax, not with the New Deal.



  
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Jeff
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Re: Are Constitutionalists Libertarians?
Reply #11 - Nov 7th, 2017 at 3:49pm
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burnsred wrote on Nov 7th, 2017 at 2:34pm:
The preamble is not binding.  It's only the sales language.

We gave up the right to be government primarily by state laws and state officials rather than by a distant government Washington. 

We gave up the natural right to keep and bear arms in favor of a codified and regulated right to do so.

We gave up the natural right to refuse to quarter soldiers on either side of an active conflict.

We gave up the natural right to refuse to testify in a court case in favor of the right to only avoid testifying against ourselves. 

Most importantly even than the enumerated rights that the Constitution took from us is that it laid the groundwork for a government that has been allowed to grow out of control.  That started with the Whiskey Tax, not with the New Deal.



The Preamble is a statement of purpose and intent. It explains why the Constitution was created and what it would do in broad terms if it was ratified. It is legally binding on the government. It governs the enumerated powers by directing them to certain purposes.

The reason regressives refuse to recognize the the Declaration of Independence is a legal founding document and that the Preamble is a coherent and consistent legal part of our Constitution is because the whole of our founding documents do not permit regressive government.

The pointed intention of the Declaration, the Preamble and the Body of the Constitution was to allow people to be free to live their lives as they chose and to keep the fruits of their labor.

The enumerated powers granted by the U.S. Constitution do not include the power to govern either the people or the states except in a very few limited instances, such as that states are prohibited from issuing fiat money, and states are prohibited from interfering with free trade.
Individual people are only "governed" under the Constitution by being punished for treason and counterfeiting.

The rest of your argument consists of agreeing with the anti-federalist position that the Bill of Rights was a mistake, which is also my position.
  
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Don_G
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Re: Are Constitutionalists Libertarians?
Reply #12 - Nov 7th, 2017 at 4:08pm
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Watch out burnsred, Jeff usually loses it competely within the next hour or so.
  
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Jeff
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Re: Are Constitutionalists Libertarians?
Reply #13 - Nov 7th, 2017 at 5:04pm
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Don_G wrote on Nov 7th, 2017 at 4:08pm:
Watch out burnsred, Jeff usually loses it competely within the next hour or so.
I doubt you even know what it is, because you probably never had it to begin with and don't really believe it exists.
  
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