Sunday, November 1, 2009

Article 02 – The federalist is pessimistic and a realist (NOTE: Human Nature)

“So long as the people do not care to exercise their freedom, those who wish to tyrannize will do so; for tyrants are active and ardent, and will devote themselves in the name of any number of gods, religious and otherwise, to put shackles upon sleeping men.”
— Voltarine de Cleyre

From our initial discussion on the equality of mankind and the associated fact that all men do not live equally due to their own “God given gift” of freewill comes the discussion around what constitutes human nature within this context of “freewill”. In short, what are the factors that make mankind “work” and express themselves within nature as a whole and how does this fit into the context of good/right and bad/wrong? But what is right and wrong? How can we define what is right and what is wrong if we do not first understand how we can determine the line that defines that separation? This concept of a line that defines this separation and the associated decision as to what is considered to be “right” and what is considered to be “wrong” is what we will call the “line of separation”. Through our works, as founding fathers, it became apparent that this “line of separation” was something that could fluctuate between individuals, cultures and governments, and this is the tool in which most of modern man to date has used to manage and manipulate individuals, groups and the masses. There are two general perceptual understandings that we determined were the key to setting up the governing functions for the United States of America. The key was the desire and need to separate, what we called at that time, the “church” and the “state”. Thus, we were able to identify and understand that we had the right as “free men” to determine where that line of separation would fall on those that were to be governed, but more importantly it was not the state’s or federal’s responsibility to determine where that “line of separation” would fall within the lives and struggles of every day men and women within the context of spiritual matters and personal struggles. This understanding of our general concept for these causes, we purposefully implemented a system of government that first protected the individual from possible laws that could be determined to be “wrong” at a personal level and we decided to leave the “bad” decisions of the spirit and heart to those that controlled the spiritual house also known as the “church”.

But we now live in a day that most people do not believe in “right” and “wrong” and most of the population does not attend church on a regular basis. Thus they will discount my words as “old fashion” or “not in the times”, but there is much to learn from the old ways since, for the most part, these old ways is what was necessary to keep general populations alive and in some semblance of working order over the past several thousand years. Was there abuse of these concepts? Yes of course, but we must not forget that the amount of abuse did not overpower the cohesiveness of these ideas that were exercised during the troubling times of the societies of the past. Or in short, in less educated times it was much easier to communicate in terms of what was considered “good/right” and what was considered “bad/wrong” for a group or society. But the more interesting question is this, “What influences, factors or natures, of mankind, will deliver right or wrong decisions?” And the question we attempted to solve was this, “Can these influences, factors and nature, of mankind, be guided properly to maximize freedom and minimize suffering?” Thus, it is again our position, as it was some 250 years ago, that man is capable of establishing good government from reflection and choice if we could properly separate the general concepts of right and wrong decisions such that no one group or individual could oppress another group or individual. This article will demonstrate that this is possible with an applied pessimistic or realistic view of human nature within the context of governance. More specifically, our views, as the founding fathers, mostly aligned with the balancing philosophy of materialism vs. idealism from St. Thomas Aquinas resulting in a moral realism or moral objectivism standpoint that explicitly expresses itself in the Declaration of Independence and the current Constitution of the United States of America.

Within this context of determining what it means to govern within the context of human nature, we must turn to matters of what it means for mankind to be in the possession of something of value. This concept of possession of value specifically can be split into two areas; possession of spiritual abilities and possession of material objects or functional knowledge. Our efforts as founding fathers specifically called out the need to define the rights we possess around our private property or material/knowledge possessions (intellectual knowledge, learned abilities and physical possessions) in which any human might obtain, while it was determined to be self evident that the spiritual world belonged to the “church” as we understood. This article is not intended to dwell on the matters of the spirit but the necessary understanding to define how a group of people should be properly governed; such that this article will only focus on the matters we have called “Private Property”. Why is this important to note? It is critical to note since we must focus our discussion around human nature to those things that are most appropriate within the context of exchange, which then can be potentially open to be regulated by the state. We also must understand that this topic of private property has been defined within other texts and has been debated throughout the ages so that this article is not intended to debate the details or the concerns about private property but to articulate our original intent and convince you that a new Constitutional Convention is needed to further shore up these concepts to protect our freedoms today and for the generations to come.

So as one of our first principles of human nature it has been observed, that, in proportion to the firmness/solidness or precariousness/doubt of the length of time or tenure by which an individual holds private property (knowledge, ability or objects) will an individual invest effort to keep it. Additionally, for positions of governance, an individual will be less attached to what they hold when they hold a momentary or uncertain title or position, than to what they might enjoy by a durable or certain title or position; and, of course, they will be willing to risk more for the sake of the latter, than for the sake of the former. This remark is not less applicable to a political privilege, or honor, or trust, than to any article of ordinary property. The inference from this concept is, that a man or woman that is acting in the capacity of chief magistrate or statesman, whom has an understanding that in a very short time they must lay down their office, they will be apt to feel themselves less attached to the office and thus less likely to risk any material advantage or perplexity, from an effort to exert their powers independently, or from encountering the ill-humors, however transient, which may happen to prevail within their heart, either in a considerable part of the society itself, or even in a predominant faction in the legislative body. If the case should be, that they might have to lay their position of powers down, unless continued by a new choice, and if they should be encouraged to continue with their powers, their wishes, conspiring with their fears, would tend still more powerfully to corrupt their integrity, or debase their fortitude or honesty, thus leading them to most likely choose to continue their office. Thus, within today’s world we have known this concept to be “power begets power”, but we can better formulate this construct within the context of human nature as such, “Any rational individual that finds themselves in a position of power will more freely relinquish their powers if they are expected to do so; where given the opportunity, if one exists, as well as if encouraged by their factions to remain, they will justify the need to remain in power.” In short, the taste of power sweetens the desire to remain in power.

Thus we can further this conversation to say that when an individual obtains “power” through an office or political effort, whether it be through force or democratic institutions, the longer the individual remains in power the more like “property” will the office containing the power be perceived by the holder. Such that this leads to our second principle, “The longer a position of power is held by an individual the more will the holder perceive it as “property” and thus will their desire to continue to hold the power will remain and the further “justification” will permeate in their minds that they are the “rightful” owners of the position of power they hold.” In short, the duration of power inversely relates to their willingness to risk their personal security/property to remain in power. Thus, we have seen this time after time through history as shown by the evolution of the Caesars in Roman times as well as the evolution of the Kings/Queens in the middle ages. There is no royal blood, these men and women are human as is any other human has lived on this planet, but their factions, in which they had been born, after holding power for decades or centuries, continued the tradition of holding that power through the concepts of a Caesar and King/Queen and their associated hold on force to maintain their positions. Thus, we must pose this as the nature of mankind and the risks this imposes on properly forming governance that has the goal to ensure suffering is minimized within the population.

“I am sure there was no man born marked of God above another for none comes into the world with a saddle upon his back, neither any booted and spurred to ride him.”
— Richard Rumbold before being hanged for planning an insurrection against the tyrant Charles II, 1679

Such that, we must ask the question, “What is power?” and why is “power” an important concept. “Power” from a political perspective, is the ability to govern mankind within the context of a nation such that rules or guidelines of human behavior are created and enforced . Those that create these rules or enforce these rules would be considered to be in positions of “power”. As we have mentioned in previous discussions outlined in the Federalist Papers this power is delivered at the hands of those that might govern through the use of favors or advantages (influence and taxation) as well as through the use of force (legal means and police). We have also noticed that those that have wielded “power” over those they govern indirectly hold the “perception of safety” through the means of how they govern. This perception of safety can be influenced by threatening the ability of an individual to provide for themselves or their family, or more importantly they can ultimately threaten those they govern with their life. So we come to another principle, “Those who have political power will by definition have power over the subsistence, or the means of providing, of those they govern. And in the general course of human nature, a power over an individual's subsistence amounts to a power over their ability to express their freewill. ” In short, political power is the lock on the “line of separation” for what is acceptable or not acceptable, impacting an individual’s key to freedom and ability to live within their own chosen decisions that are guided by their own “freewill”.

“Intentions will always be pleaded for every assumption of authority. It is hardly too strong to say that the Constitution was made to guard the people against the dangers of good intentions. There are men in all ages who mean to govern well, but they mean to govern. They promise to be good masters, but they mean to be masters.”
— Daniel Webster


Thus, as we have stated before, it is a known fact, in human nature, that its affections are commonly weak in proportion to the distance or diffusiveness of the object. So that any political position that is held for any length of time, by definition holds power over an individual subsistence such that they can control an individual’s freewill to their desires or their faction’s desires; where the longer the individual holds that position of power the more likely they will be willing to risk much to keep it; resulting in their need to make efforts to increase their hold on an individual’s subsistence if so doing will further increase their chances of continuing their hold on power. This tendency to use the leverage of a position of power to further influence an individual’s decision, of those they govern, to keep themselves in power by threatening those they govern through their ability to sustain their lifestyle or subsistence is what we have defined, as founding fathers, as an “abuse” of power, that unchecked will eventually, in the end, lead to tyranny. Thus we come to our fourth principle, “Any power that can be abused will be abused and will always expand to fill the limits of the resistance to the abuse. If the people being abused don't resist the abuses of those that govern them, there will be no one to resist the abuses they will inflict once they are governing, such that tyranny, in the end, must prevail. ” As history has shown, governments that are set up to govern men in such a manner that special interests, groups and factions determine their own “line of separation” in such a fashion that parts of the society suffer, will find the tables have turned where that group that suffered will justify the need to inflict the same amount of power and suffering, or more, onto those whom they suffered under. This escalating cycle, in the end must and will result in a government managed by tyrants.

“… a tyranny exercised for the good of its victims may be the most oppressive. It may be better to live under robber barons than under omnipotent moral busybodies. The robber baron's cruelty may sometimes sleep, his cupidity may at some point be satiated; but those who torment us for our own good will torment us without end, for they do so with the approval of their own conscience.”
— C.S. Lewis



Finally, it is clear that our efforts, as founding fathers, were to somehow short circuit this curious governing behavior that has plagued mankind throughout the ages. We believe in the early days of our nation we did capture this intent and men/women of the United States of America were the truly freest mankind has been as a society while we have existed on the face of this planet. But those times have faded as those of us, founding fathers, have passed away and left the reins to those that followed us. These principles of power, as we have defined here and in our other works, are relentless in their pursuit to evolve and in the end we knew that mankind would eventually find the cracks in the armor such that they would once again take a people and guide them to be slaves of the state. So comes our last and most pivotal of all principles, “For a government to ensure that all of the individuals in which they govern are not lead to suffer through unfair and unjust laws defining the line of separation of right and wrong which could bring an advantage to those whom govern, the government must be constructed on a foundation around what they can do on the behalf of the people as well as clear rules around what they CANNOT do to those they govern, with the correct mechanisms in place to ensure and guarantee that men/women that do obtain a position of power and decide to wield their power with abandon are quickly removed."

“The Constitution of most of our states (and of the United States) assert that all power is inherent in the people; that they may exercise it by themselves; that it is their right and duty to be at all times armed and that they are entitled to freedom of person, freedom of religion, freedom of property, and freedom of press.”
— Thomas Jefferson


Principles of Political Power
#1 – Hold on Political Power is Relative
Any rational individual that finds themselves in a position of power will more freely relinquish their powers if they are expected to do so; where given the opportunity, if one exists, as well as if encouraged by their factions to remain, they will justify the need to remain in power.

#2 – Relative Political Power is based on Length of Time
The longer a position of power is held by an individual the more will the holder perceive it as “property” and thus will their desire to continue to hold the power will remain and the further “justification” will permeate in their minds that they are the “rightful” owners of the position of power they hold.

#3 – Political Power directly impacts Freewill
“Those who have political power will by definition have power over the subsistence, or the means of providing, of those they govern. And in the general course of human nature, a power over an individual's subsistence amounts to a power over their ability to express their freewill.

#4 – Political Power, unchecked, will lead to Tyranny
Any power that can be abused will be abused and will always expands to fill the limits of the resistance to the abuse. If the people being abused don't resist the abuses of those that govern them, there will be no one to resist the abuses they will inflict once they are governing, such that tyranny, in the end, must prevail.

#5 – Governance Can be Crafted to Guarantee Tyrants do not Evolve
For a government to ensure that all of the individuals in which they govern are not lead to suffer through unfair and unjust laws defining the line of separation of right and wrong which could bring an advantage to those whom govern, the government must be constructed on a foundation around what they can do on the behalf of the people as well as clear rules around what they CANNOT do to those they govern, with the correct mechanisms in place to ensure and guarantee that men/women that do obtain a position of power and decide to wield their power with abandon are quickly removed.

"... freedom of men under government is to have a standing rule to live by, common to every one of that society, and made by the legislative power erected in it. A liberty to follow my own will in all things where that rule prescribes not, not to be subject to the inconstant, uncertain, unknown, arbitrary will of another man, ..."
— John Locke, Second Treatise, Ch. 4 § 21

Tuesday, October 13, 2009

Article 01 - All men are created equal, but do not live equally

After the uneasy experience with the inefficiency of the existing federal government, you are called upon to deliberate on possible changes to the Constitution for the United States of America. This subject speaks on its own merit as to how importance this subject is; we should understand the consequences of not succeeding is nothing less than the termination of the existence of the union of these United States of America and the safety and welfare of the parts in which it is composed, and the fate of this empire in many respects, which by far has been the most interesting in the world for the past 250 years. It has been frequently remarked by others around the world that this freedom we possess would seem to have been only reserved for the people of this country, due to their conduct and example, such that we might be the last of mankind to decide this important question, “Are societies of men really capable of establishing good government from reflection and choice?”, or are we as mankind forever destined to depend on our political governance by accident and force. If there is any truth in this statement, this crisis which has guided us to this point of arrival may, with critical importance, be regarded as the era of mankind in which the final decision will be made; and if we make a decision that takes us down the incorrect path or we make the wrong selection to correct the troubled parts of this Constitution, it is within these failed efforts that we may, in our view, deserve to say that it is due to the general misfortune and fate of mankind.

Among the most formidable of the obstacles in which we face in improving the Constitution would have to be the obvious interest of a certain class of men in the federal government and at the highest levels in every state that would resist all changes which may negatively impact their hold on power, their means of compensation, and their inevitable concern over the changes to their office that might be undertaken; and the perverted ambition of another class of men, who will either hope to enrich themselves by the confusions of their country, or whom seek to flatter themselves with fairer prospects by elevating the notion that a stronger centralized empire would be preferred to one that is less centralized and confederate in nature.

It is not, however, my intention to dwell upon concepts of this nature. I am well aware that it would be counterproductive to our intentions to change the Constitution indiscriminately due to the opposition of any set of men (merely because their situations might commit them to some suspicion). Our honesty will require us to admit that even these men/women may be guided by upright intentions; and it cannot be doubted that much of the opposition which has made its appearance to date, or may hereafter make its appearance, will spring from sources, blameless at least, if not respectable, to those that make the honest errors due to minds that have been led astray by preconceived jealousies and irrational fears. So numerous indeed and so powerful are these causes which serve to give a false bias to our judgment, that we, upon many occasions, see wise and good men on the wrong side as well as on the right side of questions of the highest magnitude of importance to society. This situation, if we pay attention, should provide us a lesson for moderation with those who are ever so much persuaded by their being in the right on any controversy. And a further reason for caution, in this respect, might be drawn from the reflection that we are not always sure that those who advocate the truth are influenced by purer principles than their opponents. Ambition, greed, personally hostile resentment, party opposition, and many other motives, not more important than these, are capable of securing an influence on those who support as well as those who might oppose the right/truthful side of a question. Were there not these suggestions to maintain a level of moderation, nothing could be more ill-judged than that intolerant spirit which has, at all times, characterized political parties. For in politics, as in religion, it is equally absurd to aim at making new converts by fire and sword or to try to cure those whom carry a widely acceptable doctrine by encouraging their persecution.

And yet, however just these moderate intentions will be allowed to be voiced, we have already sufficient evidence that it will happen in this discussion as in all former cases of great national discussions. An unleashing of angry and malignant passions will be let loose to influence the decisions in either direction. To judge from the conduct of the opposite parties, we shall be led to conclude that they will mutually hope to convince the population of the justness of their opinions and to increase the number of their converts by the loud volume of their positions and the bitterness of their abusive talk. An enlightened zeal for the energy and efficiency of government will be crushed due to the offspring of tempers that are fond of despotic/controlling power and overly hostile to the principles of liberty. An over-scrupulous jealousy will release opinions that the rights of the people will be in danger, which usually is the fault of the mind than of the heart, such that these dangers will be represented as merely obvious and factual, releasing the stale bait to capture the popularity of an ideal which can take hold at the expense of the public good. It will be forgotten, on the one hand, that jealousy is usually the partner to love, and that the noble enthusiasm of liberty is going to be infected with a spirit of narrow and uncultured distrust. On the other hand, it will be equally forgotten that the existence of government is essential to the security of the liberty we seek; that, in the organizing of a sound and well-informed judgment, liberty and government’s interests can never be separated; and that a dangerous ambition is more often to lurk behind the deceptive mask of a zealous individual or group that advocates for the rights of the people than under the forbidden appearance of those whom might be zealous for the solidly fixed implementation and efficiency of government. History will teach us that the former intent, of the zeal for the rights of people, has been found a much more certain road to the introduction of despotism that leads to a dictator than the zeal for a controlled management of government, and of those men who have intentionally overturned the liberties of republics, the greatest number have begun their career by paying a disguised fawned attentiveness to the people; initially leading with efforts to make unattainable promises to quench the never-ending thirst of the masses, and ultimately leading to tyrants.

In the course of the preceding discussion, I have had a desire, my fellow-citizens, to try to put you on your guard against all attempts, from whatever quarter, to influence your decision in a matter of the utmost importance to your welfare and your family’s future, by any impressions other than those which should result from the evidence of truth. You will, no doubt, at the same time, have collected from the general scope from the honest efforts for change, an understanding for what will be consistent changes to the Constitution. Yes, my countrymen, we owe it to you that, after having spent considerable time and consideration, we are clearly of the opinion it is in your best interest to adopt the proposed changes that we will craft in the years ahead. We are convinced that this is the safest course for your liberty, your dignity, and your happiness. We have no reserves or doubts that this is necessary. We frankly acknowledge to you our convictions that these changes are necessary for the continued existence of our republic, and we will freely lay before you the reasons on which they are founded since the consciousness of good intentions does not like ambiguity. We shall not, however, multiply the problems that already exist and we will focus only on the necessary changes to ensure the intent of the original Constitution is met. Our motives will remain in the depository of our own breast since they are not important to the work we will endure. For our arguments will be open to all, and should be judged by all as worthy and capable for consideration reveling the true intentions are to liberty and not our own biases. These ideas will be offered in a spirit which will not be disgraceful such that the cause of truth will be preserved.

In the progress of this discussion we will strive to give a satisfactory answer to all the objections which may make their appearance, such that these objections might not claim your attention. It may be thought ridiculous to offer arguments to prove the utility of the changes to the Constitution of this Union, a point, no doubt, deeply engraved on the hearts of the great body of the people in every State and more importantly in the body that governs the ever growing federal state, and one, which it may be imagined, has no adversaries. But the fact is that we already hear it whispered in the private circles of those who oppose any changes to the Constitution, that “the Federal System that guides the Fifty States are required for the existence of the whole”, and that “we must of necessity resort to increasing the federal power further to strengthen the whole”. This doctrine will, in all probability, be gradually propagated and encouraged, until it has enough devoted admirers to counteract the open acknowledgment of our proposed changes. For nothing can be more evident, to those who are able to view this subject from afar, that the alternative of the adoption of proposed changes to the Constitution is a dismemberment of the Union through the centralization of powers at the Federal Level resulting in the general loss of liberty for all citizens of the United States of America. As we have visited this discussion several hundred years ago, one prying question is brought to mind, “What challenge faces mankind such that they would willingly release the Union to a centralized power?” We did not answer this question directly since, at the time, we were concerned about the dissolution of the Union, but the answer is hidden within our works and we will use the remaining of this article to show that mankind’s challenge is understanding that we are all created equal but do not live equally due to our own self guided gift of freewill.

The primary challenge we face as mankind on this planet is to survive the events that life presents us such that we can reach an old age. And when we are old, given we are blessed; we will pass from this earth in a peaceful manner with our family at our side. And when we pass away we can only hope that we have left the earth a better place whether it was by raising a loving family or by contributing something worthwhile to society and mankind. When we are old what might we want to remember? That we lived a life which was the same as another person; or that we have made a more equal world by forcing our society to be a more fair place as imagined in our own eye? No, we will focus on those that we love to ensure they are happy and that they will be able to go on without us. And when we look back on our lives we will determine how wonderful our lives have been based on the uniqueness of our own personal life experiences. No one life will be lived the same way and no one life can be judged to be "better" than another. Some of the best lives have been lived within the context of being poor and some within the context of being rich. Some are born poor and remain so, others are born rich and remain so, but those that have been poor and grown rich are the ones that have the most to share in life experience. For not that they have lived a better life but they have found the true secrete of creating happiness for themselves and others since they faced more challenges personally and emotionally as they out grew their old ways and discovered what it means to live and serve their fellow mankind.

Thus, a man/woman that out grows their own cultural biases and discovers what it means to be happy must experience life in a unique manner and thus had to confront and overcome the passions of mankind to grow, achieve and be happy. Whether it was from their passion or from the passions of others, in the end they have had to find their balance that allowed them to make their lives something more than what their parents have been able to provide. Since all humans are emotional beings, these changing emotions must be managed for any individual to survive the trials of living. But what are the passions of mankind and why do they make us unique?
The challenges we face with understanding the essence of mankind's passions is not whether we label then good or bad, but the overall impact they have on other individuals. For our discussion we will use the "Seven Deadly Sins" (Lust, Greed, Wrath, Pride, Anger, Sloth and Envy) as our basis for discussing passion. Within these passions it is clear that we can say that a person that has released themselves into a deadly sin or passion is not able to fully function as a working part of society. Thus we can say that their ability to use reason in decision making will be severely hampered due to the extent of their vice. More than likely they will make decisions that negatively impact their family, friends and community when given the chance. Realistically, we should note that we all experience some of these emotions to some levels in our lifetimes. What makes these seven deadly sins most interesting? It is when they manifest in something that is not within the realm of a healthy expression of passion and these different variations of passion are what makes every human unique.

The most notable aspect of the seven deadly sins is when an individual fully embraces one or another of the passions to their own detriment. This individual, that is consumed by their vice, will not make rational decisions based on true value and competitive pricing in the marketplace. They will choose based on what will protect their efforts to continue within their vice. When these kinds of decisions occur they set into motion events that are purely unpredictable.

For example, the person involved in Lust will purchase tools and services that a normal person might not purchase. They engage in behavior that violates trust with those that love them. They make decisions that can negatively impact their own self preservation such as engaging in relations that expose them to disabling and deadly diseases. A person that plunges into Greed will also make decisions that are uniquely selfish in nature. Also purchasing products that support their vice that usually do not follow normal concepts of value and price. They will engage in activities that distance themselves from those they love and make it difficult for others to love them back. Their mood will turn sour if they do not see their wealth grow and this forces them to make decisions that do not follow basic value and price perceptions that a rational individual would make. The individual that is consumed by Pride, specifically Hubris of the Eco-Friendly Kind, will also make decisions and purchase products based on their vice instead of the normal quality for price within market conditions. They will fill their hearts with pride in the non-traditional decisions they make based on an ideal they have conceived or have adopted. These decisions impact their relationships and the overall society since it reduces or eliminates built in efficiencies that a market economy starves to obtain.

These vices, as we can see, not only drives the decisions on how we live our lives, how we choose our friends and how we manage our careers, it also will drives us to make decisions on whom would govern our affairs. Because of this non-rational thought these people will always choose those that will enforce their vice as the right direction for society and culture. With this decision, they will expect to obtain favors or create an environment that will allow themselves to wallow in their vice. Where rational minds will pursue the necessary objective to provide for all, not just to provide for a group in which they identify, since their intentions will be to satisfy their needs in the pursuit of happiness within the contextual understanding on how economic systems function efficiently. Additionally, a rational mind will understand that to impose the will of a few onto the many in the name of their vice will eventually mean they will suffer under the desire's of someone else’s vice as well as inevitably risk unleashing the destructive forces on the natural organization of markets that strive to satisfy the needs of all.

Ultimately, what determines a man/woman's ability to maintain a healthy level of passion? Freewill does. The ability to rationally understand that at the end of the day we are all free to make the choices that lead us further down the path of self destruction or we can make the right choices based on freewill which can guide us toward a healthy expression of passion in our lives. Thus, we can say, all men/women suffer from the challenge of combating vices or the onslaught of a deadly sin and societies that embrace these vices by embracing laws that support those engaged in these negative vices, will result in social challenges that reduce the society’s ability to equitably serve each other in a positive manner. More importantly placing men/women into positions of power that support these vices and whom will inevitably make decisions and choices that favor their partners and affiliations, or better termed, their “factions”, will find the road to freedom more difficult to maintain. And these decisions to embrace these vices in full, at the expense of the freedoms of others, inevitably result in the suffering of groups or individuals. We will call these transgressions/decisions "insurrections". Or better put, activities that favor one group, resulting in a negative impact to another group or individual, will result in suffering since the impacted group or individual’s freewill has been unfairly limited or destroyed.

So in the end we are all created equal but do not live equally because we have freewill and that when we are born we do not have the birthright or the adopted self anointed license to subjugate others and their will, no matter how deep we have been consumed by our vice. Thus, as Federalists, we can pose the following first set of commandments of freewill:

1) We are born with freewill (Some religions refer to this as a “God Given” right)
2) Freewill cannot be taken by anyone
3) Freewill cannot be given
4) Laws that govern mankind must take freewill into account if human suffering is to be minimized

Thus as stated before, we believe that mankind CAN establish good government from reflection and choice and that good government is based on these four principles of mankind and their given birth right of freewill. Such that, this premise, is the foundation of the founding fathers and will be the basis for writing the remaining articles and chapters. Those that do not agree to these commandments of freewill, must inevitably disagree and discard all concepts which are to follow.

--Publius

Sunday, October 4, 2009

Table of Contents

Section I - The Passions of Mankind
01 - All men are created equal, but do not live equally
02 - The federalist is pessimistic / realists (Human Nature is Constant)
03 - Passionate mankind will have struggles (Ultimately Leads to War)
04 - Mankind led to reason & virtue
05 - Factors of faction & insurrection


Section II - The Draw of Freedom
06 - Fundamentals of Free Government
07 - Defeat of Justice
08 - Defense of Freedom
09 - Controlling effects of factions
10 - Results of factions
11 - Federalism Applied
12 - Entrust power to federalist state


Sections III - The Need for Representation
13 - Republic -> Government Administered by Representatives
14 - Representatives by controlling areas and units
15 - Representation by Qualifications
16 – The Representative Function
17 - The Senator Function


Sections IV - The Fundamentals of Law
18 - The Erroneous will of majorities
19 - Importance of checks and balances
20 - Parliamentary supremacy
21 - Constitution & statute
22 - Fundamental law and non-fundamental law
23 - Non-fundamental law flaws
24 - Amendable laws (Constitution)


Section V - The Goals of Justice
25 - Nourishment of Freedom
26 - Judicial Restraint
27 - Judicial Activism
28 - Unjust Laws
29 - Bill of Rights
30 - Bill of Responsibility


Section VI - The Importance of Decentralized Control
31 - Self-government
32 - Liberty Preserved
33 - The Extent of the Union - reduce centralization
34 - Decentralization of the union as a matter of safety
35 - United Nation & Foreign Investments
36 - Discontent


Section VII - The Necessary Functions of Government
37 - National Debt
38 - Media
39 - Property
40 - Defense of the Republic
41 - Taxation
42 - Culture


Section VIII - The History of Faction's Destruction
43 - Historical Review – Greece and Rome
44 - Historical Review – British and France
45 - Historical Review – Russia and Cuba
46 - Constitutional Defects
47 - Influence of Lobbyists


Section IV - The New Design of the United States Constitution
48 - Constitutional Design
49 - Creation of Wealth
50 - Relationship of the Republic, Wealth Creation and Freedom

Chapter 9: The New Design of the United States Constitution

In chapter 9 of these articles, we will answer the final question, “How should the United States Constitution change to better protect Freedom in the 21st Century?” Our answer to this question lies squarely on the learning we have positioned in the previous 8 chapters that have shown that the constitution, though nearly perfect, has some cracks in its armor. These cracks have allowed the United States to become a country where most of the citizens:
1) Do not trust the politicians (Legislative, Executive and Judicial)
2) Do not trust the media
3) Do not trust the dollar has long term stability

Through the original Federalist Papers we tried to outline that there are three anchors to “Freedom” and “Liberty” within a society and they rely on the ability for the citizens to trust their politicians, media and their ability to create and preserve wealth. The ability of an individual to understand and believe they have a future, that this future is within their own control, is critical for the individual’s ability to feel and maintain a level of “happiness” in order to achieve the utopian goal of freely choosing to serve others in their own unique manner. We learned that this distributed ability to serve mankind in as fair of a manner as possible, without allowing another human determine an individual person’s or group’s suffering, is based on the natural use of the capitalist technique and the invisible hands the market forces create through and within this concept of “Freedom” and “Liberty” and without this man descends into selfish pursuits that result in group and individual suffering.

We will define, in these articles, a set of suggestions for constitutional change that should be debated and considered within the context of the next Constitutional Convention to be held prior to 2026. These suggested changes are grouped in the following topic areas as a start:
1) Instituting a Certification Process for governance (Legislative, Executive and Judicial)
2) Splitting the conceptual legislative foundation into two groups
a. Fundamental Law Legislative Body
b. Non-Fundamental Law Legislative Body
3) Implementing a more rigorous process for Judicial Selection
4) Instituting Term Limits for all Governance Posts
5) Baring the Lobbyist
6) Introducing the Bill of Responsibility

The importance of the Federalist 2.0 cannot be dismissed since Freedom is the basis of all of mankind’s existence, mankind is born free, as a fact, and the only constraints of that freedom is granted by the individual themselves as they adopt potential oppression from those special interest groups advocating the latest fair-mindedness fad. This combined with a communication technique that “leaves the idle mind confused thus unable to select effective political leadership” combined with “the leveraging of technology” forces the individual US citizen to run harder and faster with diminishing returns over time. These types of individuals will begin to wake, up over time, to understand that those posing as their special interest “friends” are truly focused on expanding their own influence and enhancing their own opportunities to expand their own wealth. Thus, we come full circle, those that are the well intentioned, in the end, are themselves just trying to expand their influence and wealth and are trying to do so through the use of big government or big business. This realization must guide the individual to understand that the only solution available that will have the least impact to group and individual suffering is the open market economy that capitalism brings. At the end of the day, the ability for the individual to be free with liberty allows them to utilize their own skills in their own manner to serve mankind while building their own wealth. And the ultimate function of government is to first enhance the ability of the individual to do so and most importantly preserve the wealth that was created. These ideals are the stuff that most any man and woman would put their own life on the line to achieve, and, as Founding Fathers, we did.

The final article will wrap the concept of the Republic as a political system, with the concept of wealth creation as the method for humans to serve mankind as a function of choice which inevitably leads to Freedom. In the end we will realize that Freedom and Liberty is not bought and sold. It is not something that can be turned on and off. It simply is or is not. For some it can be more and for others it can be less and the true equalizer is the development of a government or society that does not allow any individual or group suffer due to oppressive rules, regulations or taxation either from big government or from big business.

We also know that as time passes and individuals read the Federalist 2.0 papers, they will realize they may be losing their freedom and they will begin to participate to bring “true” freedoms back to the United States of America. We also realize that for those that are part of Big Government or Big Business, they will have the most to lose from these words and inevitable peaceful actions they will inspire. So these words are for those that most fear the new Federalist 2.0, “Please understand, the power and wealth you have created for yourself was created on borrowed time. That these truths, whether written here or written in another form, would have surfaced and your time would have run its course. If you understand this and move with this effort, your heart and soul will be able to rest more peacefully knowing you have freed the men and women of the United States of America for a second time. Deciding to fight this movement will only invigorate those that want to be free from oppressive rules, laws and taxation, most likely resulting in erasing your power.”

For those that want to move this forward, we must move quickly to create the representation required to properly debate and conceive of the proper solution. The proposal should be that from each state 2 representatives will be sent to the Constitutional Convention to be held prior to 2026. They will also have to pass a Certification process and interview process that will be defined. These 2 representatives will be selected by Federalist representatives within their states. Each state will have a Certification Process and Interview process for becoming part of the Federalist Movement with the privilege of electing their State’s Federalist representatives to the Continental Congress of 2026.

To complete this argument no other words ring true than the words from the Declaration of Independence:

When, in the course of human events, it becomes necessary for one people to dissolve the political bonds which have connected them with another, and to assume among the powers of the earth, the separate and equal station to which the laws of nature and of nature's God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation.

We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable rights, that among these are life, liberty and the pursuit of happiness. That to secure these rights, governments are instituted among men, deriving their just powers from the consent of the governed. That whenever any form of government becomes destructive to these ends, it is the right of the people to alter or to abolish it, and to institute new government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their safety and happiness. Prudence, indeed, will dictate that governments long established should not be changed for light and transient causes; and accordingly all experience hath shown that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations, pursuing invariably the same object evinces a design to reduce them under absolute despotism, it is their right, it is their duty, to throw off such government, and to provide new guards for their future security. --Such has been the patient sufferance of these colonies; and such is now the necessity which constrains them to alter their former systems of government. The history of the present King of Great Britain is a history of repeated injuries and usurpations, all having in direct object the establishment of an absolute tyranny over these states. To prove this, let facts be submitted to a candid world.

Such that it is our duty to attempt to change our government through these methods outlined here prior to considering the consequences of enacting a second Declaration of Independence.

--Publius

Chapter 8: The History of Faction's Destruction

In chapter 8 of these articles, we will answer the question, “What is wrong with allowing factions implement laws in which they benefit?” Our answer to this question will rely on the evidence we have observed through time. Through the history of mankind and over the past 235+ years of the existence of the United States of America, other forms of government have been created and have transformed or have vanished completely. The notion that the United States of America will continue into the future as it has always been and will continue to be a super power on the world stage is now debatable. The power that America represents is not within its Military or within its economic prowess, but in the feeling an individual has when living and growing under the constitution of the United States of America. The sense of Freedom and of Liberty that one can be and do whatever one chooses as long as they do not infringe on another person’s freedoms is the basis of this power each individual posses as citizens of the United States.

When we defined the constitution in its original form we only had two successful models to base the republic from which did not possess an anointed monarch, they were the Greek culture and the Roman culture. We will look into these societies and learn that they ultimately failed due to factions and their associated insurrections. Since that time we have had several different attempts to freedom as defined by the British and the French, we will review these attempts and try to extract some learning from how they have formed their government and the impact on the freedoms of their citizens. Finally, we will review the socially conscious governments of Russia and Cuba with their efforts to implement socialist and communist structures.

These discoveries will better prepare ourselves for the identification of flaws in our system as we have defined the constitution as of the late 1700’s. These flaws or defects will be outlined as structural challenges the current constitution faces with either constitutional process changes or significant changes in how qualified individuals are selected and brought to participate in the management of the governing entity we call the United States of America. Finally, we will leave the best for last, the discussion of the negative influence of Lobbyists on the government as a whole. Such that there is a need to institute the necessary controls so that laws are not generated to serve one group’s needs over another group’s needs. We will then explore how this effect can be “cancelled” through proper constitutional processes which can leave the “Lobbyist” at the door.

Chapter 7: The Necessary Functions of Government

In chapter 7 of these articles, we will answer the question, “What are the necessary functions of government?” Our answer to this question is rooted in several of the original works of the Federalist Papers and these original works still hold true today as guiding posts for effective governance. Specifically, the need for a solid monetary system is critical for a nation’s long term existence. For the United States, the monetary system is the pinnacle of our existence as an economic power. Such that within the United States this monetary tool is called the Dollar and the strength or weakness of this instrument will determine if the population overall will grow in wealth or will retreat into a weakened state of pure efforts to exist or sustain. With current efforts of the government to prop up the private sector with Treasury funds and supplement the citizens with progressive governmental support, the nation is drawn deeper into debt and the potential now exists that the population at large may need to levitate at the level of sustenance. Leaving the nation the only option but to engage in inflationary efforts to reduce the overall debt in hopes that the productive power of the citizenship will outgrow the inflation and pay off the debt in due time. The perception of government debt is one that we spent much time debating and assumed future generations would understand that, by definition, the assumption of debt is again an oppressive move on future generations and the government should refrain from this endeavor. We will also highlight that the concept of “In God we Trust”, printed on the US dollar, is not a commitment to “God” in of Himself, but to the concept that free markets are a form of trust. Given mankind’s natural freedoms, we will work together to provide for each other without the need of a third entity or “The Government” intervening and attempting to impose a “fair-mindedness” will on the markets.

We also will touch upon the need for the Media to perform their duties with an eye on the Constitution and the Declaration of Independence as their moral compass. Current media efforts are shown to align themselves with the factional concept of the “higher good” that inevitably reveals itself as attempts to increase government or increase big business. There is a need for the Media as a whole to abandon the desire to take sides and to do their duty as defined by the Constitution, and that is to protect the general public from oppressive laws as defined by the government and to protect the general public from businesses that might miss-use well intended laws.

The Founding Fathers defined the basics of the Constitution to ultimately protect the private property of any individual that owns private property from external appropriation of that property from another country and from the internal confiscation of property by individuals or groups. We will learn that the use of natural resources is the use of private property and this use of private property is the basis of Freedom in the United States. And where there are groups and factions that are working tirelessly to challenge this given right are only imposing an oppression that is not warranted, even though their intentions are well meaning. Through the constitution, it is the responsibility of the private property owner to “police” their property as good citizens and as the natural stewards of the planet. And we will state a declaration that proposes that no matter how well intentioned given efforts are to save a species, or the planet in general, they all require handing of power/control to a third party without consent from the property owner, which is specifically prohibited in the original Constitution of the United States. With this premise, we will argue that the Constitution is not what needs to change, but the “popular” desire for these oppressive “save the environment” changes to occur and a legal system that supports the development of methods that burden the citizens with rules and taxation is where the change needs to occur. As stated before, “In God we Trust” is a concept that should be applied in these matters of private property and we, as a society, should “trust” that the self selected limitations will prove more resourceful in ”saving the planet”. We will argue that this is a less than desirable conclusion, but abandoning private property rights in the name of climate preservation, to government officials, is a much worse option.

The final articles will discuss the need for the Federal Government to provide for Military service and the intention of the military service around the world is to protect the interests of the United States and not the interests of other nations or the environment as a whole. In serving the interests of other nations or the environment, there is an additional cost to the US tax payer which requires the IRS to collect the monies in an oppressive manner from US citizens. This function of social good should be implemented through the use of non-profit agencies with the US citizen giving their own money and capital freely to these non-profit agencies. The use of Taxation will also be discussed and show that the current tax codes serve a limited set of factions, again in violation of the overall intent of the Constitution, and efforts should be made to make the tax code equitable and fair across all economic strata. Ultimately, we will end this chapter with an article that will outline the importance of the defense of the American Culture and that this defense is necessary through the promotion of such things as open standards in education that are defined locally vs. at a Federal Level and most importantly the enforcement of immigration laws that have been uniquely ignored in the past several decades.

Chapter 6: The Importance of Decentralized Control

In chapter 6 of these articles, we will answer the question, “Why is decentralized control so important?” Our answer to this question is based on the reverse argument we made in the first set of Federalist Papers. In the original set of opinions, we were attempting to convince the leadership of each state to relinquish some amount of control for the overall safety of the United States. In our current set of articles we will attempt to argue that those in charge of the current Federal Systems need to re-evaluate their intentions within the context of these articles to determine if their actions are either increasing the destruction of individual Freedoms or nourishing individual freedoms. We are in essence developing these papers to alleviate a mental construct in many individual’s minds that possibly tear at their souls on a daily basis. Within this goal for this section we will define the meaning of self government and the inherent truths around how capitalism supports “Freedom” and how a socialistic tendency by definition stifles “Freedom” as we defined it as the Founding Fathers. We will investigate the need for the preservation of liberty through the effective dismantling of the laws that are currently stifling the productiveness of the United States citizens and the resources at their disposal. We will discover that capitalism in its rawest form is a constant no matter what government is implemented. Mankind will always use resources that are at their disposal, either in a legal manner or in an illegal manner, and the more “restrictions” placed on mankind the more they will decide to “violate” the restrictions to ensure they provide for themselves and their family.

This chapter will continue with the discussion around the extent of the union’s influence in areas of non-fundamental laws and the need to reduce this centralization to allow natural differences in an evolving society to strengthen the basis of liberty and freedom. We will show that through decentralization of the non-critical Federal Powers, the United States will stand to be stronger due to the differences that will inevitably appear between states. This un-equal evolution of growth is not to be fretted but to be embraced as part of life. We will find that what makes the likes of America is the differences we have between individuals, communities and states and the efforts to distribute these differences in the name of fairness or perceived necessity, is again driving the reins of intention into a human’s hands that will eventually, through time, make decisions that will force one group to suffer at the expense of another group.

In the final sections of this chapter we will articulate the impact of external entities on a decentralized group of United States of America within the context of the efforts of the United Nations and the use of Foreign Investments within the borders of the United States of America. We will explore the true nature of these foreign entities and question their true intentions, since, as we have defined in the first chapter, man is fallible and given the chance will co-opt power in the name of righteousness for their own benefit or their faction’s benefit. We will then conclude these observations to define the face of discontent as it is beginning to appear in the United States today. This discontent is exasperated within the citizen population as personal options to live life as citizens see fit are constrained since they have to select between two evils (bigger government or bigger business). This discontent, unchecked and unaddressed without true governmental reform, will and must overtime lead to a quiet desperation and the real potential for civil strife.