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Political Parties and Ideologies Discuss all political parties and Ideologies here. Everyone is welcome to share their political beliefs here.

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  #101 (permalink)  
Old 07-18-2008, 02:36 PM
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Originally Posted by Skerlnik View Post
And there's a lot of that aspect of Libertarianism that I agree with, really. Maybe not to the complete "do what thou wilt" stance of extremism, but, in general, sure. But, there's always some sort of balance, or should be.

The "hurting someone" is a pretty subjective metric. One could argue that drugs hurt far more people than just the user, and contributes to crime, poverty, breaking families, etc. (I'm not against most drugs, btw, just an example.)

What I generally see is that Libertarianism, because of its individualistic nature, loses sight of externalities and unintended consequences. Every argument I hear inevitably focuses on me-me-me and how dare you limit me? As if laws and regulations were personalized. For all the patriotic talk, most libertarians I talk to wish to act like this isn't a nation at all, but a motley collection of 350 million individuals - nations unto themselves. And, I can't agree with that core view.
Individualism is not "me me me" it is the individual. I have explained this many times before. I do not support gay rights because I am secretly gay, but because some individuals freedoms are under attack.
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  #102 (permalink)  
Old 07-18-2008, 02:48 PM
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Originally Posted by Chan View Post
There is an amendment process built into the document.
That's true. But, boy, that'd be a massive Amendment to go in and correct to modern capitalization, and provide more specific, clarifying detail on certain things. Add the Air Force in. Clarify, once and for all the 2nd Amendment and end the debates, etc.

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The purpose of the Constitution is to tell the federal government exactly and only those powers that are granted to it. There is an amendment process built into the Constitution so that it can be changed as necessary. I damned well expect that process to be followed and, no, there is no validity for any law that the Constitution does not specifically grant Congress the authority to pass.
Yes, yes, you are generally quite "damned". Could you be more specific about what laws Congress has passed that are illegal? Because if the SCOTUS reviewed it and say it's okay, then it's okay.

Congress hasn't really done a hell of a lot in my lifetime, anyway, so I'm not sharing your concerns that it's out of control.

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Actually, no. Congress has very limited authority in that regard.
I was thinking more government in general, not just Congress. Congress couldn't pass innovative, well-crafted legislation if you paid them. Oh, wait.....

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I espouse returning the federal government to its Constitutional limits. If the vast majority of the American people (three quarters of all the states) want the Constitution amended to give the federal government additional powers (though they're stupid for doing so), then I damned well expect them to follow the amendment process.
I wish you the best of luck with that. Have fun stormin' the castle.

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Actually, what the federal government was envisioned to be in 1783 was pretty amazing and well ahead of its time. It was rightly understood that the power should rest mainly with the people and with the local and state governments. The federal government rightly was given very limited functions. However, if people are so idiotic that they would put their trust in a big federal government nanny state then let them AMEND THE CONSTITUTION!!!!
Undoubtedly, it remains an amazing system, I agree wholeheartedly.

But, we never have required amendments for expand functionality. Not every little agency or department has ever needed to be actually amended to the Constitution. Unless you're wanting to turn an elegant, austere document into something requiring shelves and shelves to house.

The Constitution set a great foundation, no question. But, you can't live on a foundation, solid as it is. The other codes, systems, agencies, programs, administrations, etc. are the walls, roofs and internal structures of the modern, functional government.

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Yes, and if these bastards had stayed within their constitutional bounds none of this would ever have happened!
Government began stretching those bounds immediately. No single document can function as the sole basis for law. I can agree that things are a bit out of hand, especially this Administration, but trying to turn back the clock is absurd fantasy. The response to seeing mountainous SUVs on the road isn't to make everyone go back to Model Ts.

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As an American citizen, I do. Alternatively, read such venerable texts as The Law of Nations (http://www.constitution.org/vattel/vattel.htm) and the Second Treatise of Civil Government (John Locke: Second Treatise of Civil Government). The American federal government was designed to have very little power in that regard. It was up to the states and local governments to make most of the rules. All the more reason to return the federal government to its constitutional limits.
Again, I don't entirely agree that those limits would be adequate for this day and age. I am far more of a nationalist than a state's right guy. States are merely conveniently tiered administrative divisions, not independent nation-states unto themselves. The Articles of Confederation really didn't work.

I guarantee you know far more about it than I do. I'm not as OCD in regards to this stuff. But, I wish you luck in getting the toothpaste back into the tube.

Libertarianism seems to do a lot of howling at the moon.
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  #103 (permalink)  
Old 07-18-2008, 03:04 PM
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Originally Posted by Skerlnik View Post
I agree. However, I also agree with Jefferson's suggestion that we revisit and update the Constitution every twenty years or so.
Are you sure he wasn't talking about revolution?

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I've never heard anyone argue that. And, I don't believe the Constitution addresses email and phones, either.
It does not address emails and phones. It addresses 'the people' 'being secure' in 'letters' & 'effects' against unreasonabl search and seizure. It is called the fourth amendment.

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This is exactly why a whole host of other laws exist and have validity. I argue that those who wish to ONLY acknowedge the Constitution as the ONLY governing document are so off base.
"Whenever the General Government assumes undelegated powers, its acts are unauthoritative, void, and of no force." --Thomas Jefferson

They are null, void and without force

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I don't think so. The government has the authority to create agencies. Enabling statutes. I am confused if you consider the CDC, the FDA and the USDA to be breaking the law.....?
It has authority to create agencies in as much as the agency conducts matters in which congress is authorized to engage. A 'department of defense' would be constitutional. An agency for international trade would be constitutional. A federal arts department would not be constitutional.

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Surely, you don't espouse we turn things back to the 1780s, do you? That's pretty bizarre.
I do not. I simply espouse that the government obey the law, or alter the constituion in a legal fashion.

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It's important. But, to hold the government to what was envisioned in 1783 is absurdly primitive and unrealistic. That governmental retardation.
Why? In other words, the constitution is null and void?

If you allow the government to violate the law, you cannot bitch when they violate YOUR rights. There is a mechanism to alter the constitution. Any legislation outside the scope of current authority is null and void.

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Government needs to meet the demands of the people, and if we eliminate flexibility, it becomes impotent and crippled (which, I suspect, it the true goal of many here).
We have flexibility in the amendment process. Similar to my debates with my sister (a dailykos democrat) I am not opposed in principal to requiring citizens to have a pension (albeit no in the current form of SS). I am however opposed to government taking my money when they currently have no authority to do so. Obtain authority legally, or cease and desist in illegal activities.

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That's very true. The government (and not under any one President's tenure) has delved into some very odd things. There certainly is a lot of fraud and waste, entrenched for a long time. I don't believe either party has what it takes to provide the leadership, vision or, frankly, rather draconian intestinal fortitude to address what needs it.
You may be correct. This is why I left the 'two party system' when it is nothing but a usurpation of power. It also failes to adequately represent the constituents. Our congress is the best government that money can buy.

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I don't know enough about that industry to fully understand what went so horribly wrong. When what are supposed to be safeguards fail, it's time to take a serious look at what we're trying to acheive with it. I agree.
You may take note in another thread where I told Michael that you cannot have a truly 'free market' without the absence of fraud. Government failes to protect the citizens against fraud and their only response is regulating the market. Instead of throwing the fraudulent actors under the prison, and obtain reparations, they punish the law abiding participants. Those who are not abiding by the law, will not do so anyway no matter how many 'regulations' the legislature enacts.

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I am more inclined than most to tear down/rebuild, to try new projects, to completely re-vamp things and get the core of the matter.
Interesting and I believe that I agree.

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Glib to say, but what seems horribly unjust to one person is perfectly reasonable to another.
One of my favorite quotes:

Quote:
Originally Posted by Bastiat
Men naturally rebel against the injustice of which they are victims. Thus, when plunder is organized by law for the profit of those who make the law, all the plundered classes try somehow to enter -- by peaceful or revolutionary means -- into the making of laws. According to their degree of enlightenment, these plundered classes may propose one of two entirely different purposes when they attempt to attain political power: Either they may wish to stop lawful plunder, or they may wish to share in it.

Woe to the nation when this latter purpose prevails among the mass victims of lawful plunder when they, in turn, seize the power to make laws!
Quote:
That's the problem. Are speed limits "oppressive"? How about a "Keep Off The Grass" sign?

Oppression is unjust. Okay. Who defines "oppression"? Who defines what's "just"?
It is defined as unreasonably burdensome or severe (Websters).

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I am not following that governments have no authority to make rules. Are you suggesting this?
Their (the fed.gov) authority is enumerated under Article I Section 8. Individual states have individual authorities which 'the people' have provided to them respectively.

Quote:
I do agree that this particular Adninistration seems rather blase about adhering to the rules. These "signing statements" really concern me. You can't just cut Congress out of lawmaking.....
I consider 'signing statements' to be sedition. If I were in congress, I would push for impeachment on these grounds.

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Correct. And, that's something I'd change. Hell, even a direct-feedback website would be an improvment in local responsiveness. Our leaders still act as if prople travel hundreds of miles on their horses to vote in the town square......
Agreed.

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Cool.
I have discussed my 'plan' with my sister (the dailykos one) and she is not in opposition and considered it to be an improvement. Then she has another glass of wine and all hell breaks loose.
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Last edited by BoneDaddy : 07-18-2008 at 03:13 PM.
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  #104 (permalink)  
Old 07-18-2008, 03:09 PM
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Originally Posted by xjoe3x View Post
Individualism is not "me me me" it is the individual. I have explained this many times before. I do not support gay rights because I am secretly gay, but because some individuals freedoms are under attack.
But that's the typical context for these sort of arguments, aren't they?

Reading lots of these posts, it boils down to:

"Why do we need speed limits? I drive perfectly well! If others don't, that's their choice."
"Speed limits are in place to secure the safety of everybody, and to regulate the flows of traffic..."
"But it's oppressing me! Who the hell are you to tell me I can't drive any way I want to?"

On and on. From what I can tell, those that argue that are primarily thinking in terms of laws that prevent ME from doing X, rather than the larger context of what might be best for society as a whole.

Can you are least see how these arguments leave me with the impression that it's more about personal anarchy, than what's best for society? Maybe it's more the methods of debate, but it's very, very ME-centric.

Perhaps more fundamentally, I do not believe every "freedom" is sacred. Being able to set aside personal freedoms to gain the cooperation of others is the very basis of civilization itself.

I just think that libertarians take things to an unacceptable, illogical, unworkable extreme, and champion freedom at the possible expense of common sense. That's all.
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  #105 (permalink)  
Old 07-18-2008, 03:22 PM
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Originally Posted by Skerlnik View Post
Reading lots of these posts, it boils down to:

"Why do we need speed limits? I drive perfectly well! If others don't, that's their choice."
"Speed limits are in place to secure the safety of everybody, and to regulate the flows of traffic..."
"But it's oppressing me! Who the hell are you to tell me I can't drive any way I want to?"
That is a fallacious argument. Speed limits are a state / county / local issue depending on 'where' the road is. If you have ever attended a city council or county commissioners court proceeding, you would understand this. I have no issues with 'speed limits' other than those imposed on a federal basis. I do have issues with seat belt laws.

Quote:
On and on. From what I can tell, those that argue that are primarily thinking in terms of laws that prevent ME from doing X, rather than the larger context of what might be best for society as a whole
Give a better example. Speed limits arent something that we (the LP) generally do not attack. Unless of course it is federally imposed.

Quote:
Can you are least see how these arguments leave me with the impression that it's more about personal anarchy, than what's best for society? Maybe it's more the methods of debate, but it's very, very ME-centric.
That may be your impression, but it is incorrect. Again, it is about enumerated 'authority.'

Quote:
Perhaps more fundamentally, I do not believe every "freedom" is sacred. Being able to set aside personal freedoms to gain the cooperation of others is the very basis of civilization itself.
Libertarians believe in 'natural' rights and that the purpose of government is to protect said rights. Some things can be done collectively (such as military/police and fire). However, a government agent cannot have any more 'authority' than you have in an inalianable right. IF the government derives its authorty to act this way or that from 'the people,' then 'the people' must have 'the right' to act in this way or that. I don't have 'the right' to take without permission, and therefore neither can the government have 'authority' to do the same.

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I just think that libertarians take things to an unacceptable, illogical, unworkable extreme, and champion freedom at the possible expense of common sense. That's all.
Give an example.
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  #106 (permalink)  
Old 07-18-2008, 03:24 PM
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Originally Posted by BoneDaddy View Post
Are you sure he wasn't talking about revolution?
I can't find the quote I am thinking of, and it may not have been Jefferson, but one of them talked about fully expecting the Constitution to be outdated and for people not to be held to the "barbarous"? level ot their forebears....

Ah, here it is...

"I am certainly not an advocate for frequent and untried changes in laws and constitutions. I think moderate imperfections had better be borne with; because, when once known, we accommodate ourselves to them, and find practical means of correcting their ill effects. But I know also, that laws and institutions must go hand in hand with the progress of the human mind. As that becomes more developed, more enlightened, as new discoveries are made, new truths disclosed, and manners and opinions change with the change of circumstances, institutions must advance also, and keep pace with the times. We might as well require a man to wear still the same coat which fitted him when a boy, as civilized society to remain ever under the regimen of their barbarous ancestors."

Jefferson to Samuel Kercheval, July 12, 1810

That second part spoke to me. About not wearing the same coat, and for us to progress through time and not be held back by our ancestors.

I guess that's my main response to regressive suggestions. I hold the Constitution in reverence, but not abject worship as the best possible document of all time.
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  #107 (permalink)  
Old 07-18-2008, 03:25 PM
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Originally Posted by Skerlnik View Post
But that's the typical context for these sort of arguments, aren't they?

Reading lots of these posts, it boils down to:

"Why do we need speed limits? I drive perfectly well! If others don't, that's their choice."
"Speed limits are in place to secure the safety of everybody, and to regulate the flows of traffic..."
"But it's oppressing me! Who the hell are you to tell me I can't drive any way I want to?"

On and on. From what I can tell, those that argue that are primarily thinking in terms of laws that prevent ME from doing X, rather than the larger context of what might be best for society as a whole.

Can you are least see how these arguments leave me with the impression that it's more about personal anarchy, than what's best for society? Maybe it's more the methods of debate, but it's very, very ME-centric.

Perhaps more fundamentally, I do not believe every "freedom" is sacred. Being able to set aside personal freedoms to gain the cooperation of others is the very basis of civilization itself.

I just think that libertarians take things to an unacceptable, illogical, unworkable extreme, and champion freedom at the possible expense of common sense. That's all.
Well that is not really individualism that is just selfishness, unless they are just mis-stating. While I do sometimes say things like that, using I instead of others it is just grammar errors.

They put the individual above society. That is the very definition of individualism. Them being an individual puts them above society as is every other individual. It is most likely a grammatical slip-up most of the time or typing laziness as "me" is much shorter than "any individual". Individualism though is not about any "me" it is about the individual.

I do not think so, but that is just a general statement about libertarians. I think most other systems ignore common sense and are "me me me", because libertarianism is far from it.
Also libertarianism is mostly individualist, not all individualists are libertarian. The words are not the same. Which one are you talking about?
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  #108 (permalink)  
Old 07-18-2008, 03:59 PM
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Originally Posted by Skerlnik View Post
That second part spoke to me. About not wearing the same coat, and for us to progress through time and not be held back by our ancestors.

I guess that's my main response to regressive suggestions. I hold the Constitution in reverence, but not abject worship as the best possible document of all time.
Well he is not suggesting that the government be allowed to violate the law at will. Additionally, you need to look at the context of the letter in which he is writing.

In his discussion, he advocates amending the constitution while remiaining inflexible in the execution thereof...

Quote:
But it will be said, it is easier to find faults than to amend them. I do not think their amendment so difficult as is pretended. Only lay down true principles, and adhere to them inflexibly.
The question was posed to him whether or not he would support another constitutional convention. The quote is from his response.

Here is the entire letter and a good read:

From Revolution to Reconstruction: Presidents: Thomas Jefferson: Letters: REFORM OF THE VIRGINIA CONSTITUTION

Note...a constitutional convention would be another way to change the constitution LEGALLY as opposed to the current paradigm of tyranny.
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  #109 (permalink)  
Old 07-18-2008, 04:01 PM
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Originally Posted by BoneDaddy View Post
That is a fallacious argument. Speed limits are a state / county / local issue depending on 'where' the road is. If you have ever attended a city council or county commissioners court proceeding, you would understand this. I have no issues with 'speed limits' other than those imposed on a federal basis. I do have issues with seat belt laws.
Well, I chose that one to be just an example. But, okay, let's use seat belt or helmet laws as a better example. I just don't see it as an epic freedom/oppression issue. Just got done with a big old smoking ordinance thread, another issue I see as far less reason for panic than others do.

I reserve my wrath for the big stuff, like this wiretapping crap. Or the Patriot Act/Guantanamo/War on Terror that's pretty much killed the concept of habeas corpus, and has really expanded the President's role to near monarch levels. You bet I believe in checks and balances.

The system's definitely broken. We just differ on the remedy.

Quote:
Libertarians believe in 'natural' rights and that the purpose of government is to protect said rights. Some things can be done collectively (such as military/police and fire). However, a government agent cannot have any more 'authority' than you have in an inalianable right. IF the government derives its authorty to act this way or that from 'the people,' then 'the people' must have 'the right' to act in this way or that. I don't have 'the right' to take without permission, and therefore neither can the government have 'authority' to do the same.
That's the rub. I see no rights as "inalienable". No different than any other nation in history, we operate at the sufferance of whichever rights are granted and protected by our government, and rights do not exist except as WE define them. Wisely, there are a lot of protections against losing most of our rights, but I agree that that's eroding.

Government always has assumed authority. Asking the people's permission is nice, but good luck with holding them to that.
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  #110 (permalink)  
Old 07-18-2008, 04:06 PM
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Well that is not really individualism that is just selfishness, unless they are just mis-stating. While I do sometimes say things like that, using I instead of others it is just grammar errors.
Cetainly possible.

Quote:
Also libertarianism is mostly individualist, not all individualists are libertarian. The words are not the same. Which one are you talking about?
Must be more rabid individualists, then. Honestly, I see little difference at least in terms of the type of debate going on in Libertarianism's name.
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