Tag Archives | Ethics

Serving Two Masters

According to the latest LP press release:

Constitution burning

Elena Kagan is another bad pick for the Supreme Court. If confirmed, it is likely that she will vote on cases with the intent of advancing political policy goals.

Kagan will probably vote to advance liberal policy goals, just as some other justices vote to advance conservative policy goals. That is not the place of justices, who should be applying the Constitution, not trying to rewrite it to make society work better according to their views. …

Once upon a time, Congress felt it had a duty to legislate in accordance with the Constitution. Likewise, past presidents believed that they should veto laws that were not clearly constitutional. But in more recent years, both branches have thrown this crucial duty away. …

And so on.

So are they the Libertarian Party or are they the Constitution Party? Which is their more basic value: the nonaggression principle or the Constitution? If there is a “duty” on the part of Federal officials to set aside their own judgment in favour of the Constitution, does that mean they also had a duty to enforce the fugitive slave cause?


The Dialethic Right

Two things conservatives like to say:

Our constitutional rights aren’t granted to us by government. Our rights come from God, and the Constitution simply recognises them.

Illegal immigrants and terrorist suspects don’t have constitutional rights because they’re not American citizens.


I Am Property; Therefore I Am Theft

From Tom Palmer a couple of years ago, here’s both an amusing anecdote about neocon ignorance and a helpful miniature bibliography on the history of the concept of self-ownership:

I once heard Irving Kristol dismiss libertarian ideas of property in one’s person as “an invention of some hippies in the 1960s.”

I challenged him to explain his unusual historical claim in the context of documents such as the Decretal of Innocent IV (c. 1250), the writings of Henry of Ghent (c. 1217-1293), the Defensor Pacis of Marsilius of Padua (1324), the writings of Francisco de Vitoria (De Indis, 1524) and Bartolome de las Casas (In Defense of the Indians, 1550), Richard Overton (An Arrow Against All Tyrants, 1646), John Locke (Two Treatises of Government, 1689), and more.

He looked at his wife, the distinguished historian Gertrude Himmelfarb, who shook her head, and charmingly replied that “On the advice of counsel, I decline to answer the question.”


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