There are only two forms of government, a government imposed Above the people, such as by conquest, or a government Of the people, constituted by the people.
A government Above the People. Rulers and exploited servants.
“When I contemplate the natural dignity of man…I become irritated at the attempt to govern mankind by force and fraud, as if they were all knaves and fools.” – Thomas Paine, Rights of Man
Up until the last few Hundred years, societal arrangements have been structured as a large servant class sustaining a small ruling class. From Slaves laboring for the Pharaohs and Kings to the feudal serfs laboring for the Crown and Nobility, the masses fed the fat asses of the Conquerors and their descendants. Their lust for power and more slaves led to constant war. Power bred corruption among Royal Courts, administrators, sycophants, entourages, relatives and various and mostly nefarious types of privileged aristocracy. Their governmental systems and bureaucracy were dedicated to perpetuating this model. For thousands of years these parasites fed off the common people, all the while back stabbing, plotting, scheming, stealing, warring, fighting and committing every debauchery known to man. Most of all they protected the status quo.
There was no written arrangement, treaty or covenant between the rulers and the people. The ruling class became so by conquest or heredity and not by the choice of the servant class.
The powerful ruling elite justified their privilege and the power gap between them, and the much larger servant/slave class, as conforming to the order set out by “the Gods”.
The rulers status and position were defined, justified and solidified through the dissemination of stories, mythology, ideology (or Idol-ogy) and propaganda. In Ancient civilizations, these Political communications claimed that humans were created for the sole purpose of serving the Gods in a manner, “coincidentally”, organized exactly like the prevailing social hierarchy, which claimed kinship with the Gods or to speak for them or to have been granted a divine right through blood or even to be Gods or Demi-Gods themselves, as did Egypt’s Pharaohs and Rome’s Emperors.
This was a very effective method to control the servant class. In their minds questioning one’s social position would mean facing the wrath of the Gods and was almost unthinkable.
Like the Gods, ruling classes, had the responsibility to care for and protect their servants and the rulers had the responsibility to perform the supplication and prayers to the Gods.
Mores/morals of the Society, Laws and codes were created based on this Ruler-Servant structure. The rulers were above the law.
In later social structures such as Greek Democracy, the Roman Republic and various forms of collective government schemes, the Ruler/Servant social structure became reversed. The Majority of the people became the de-facto Rulers extracting their sustenance by taxing the “rich” minority.
A covenant moral code, given by a higher authority, as instituted by the Hebrews and the foundational United States, treats all human beings equally under the law. All are citizens and not rulers or servants.
A government OF the people
Government is consolidated power and force. The powerful eventually exploit the weak if they are not bound by a covenant from a higher authority.
The three types of control to mitigate exploitation are
1) self-control based on an external standard (contract or covenant)
2) Laws and external policing and
3) distribution of Power.
For government, who are the lawmakers and the police, the second method is not applicable.
For government policy, distribution of power and a Constitutional framework provides the standard for control.
For people, a framework of values, ethics, morals and principles provide the standard for self control.
For society to function properly, its people must have a Common framework. This framework must be a covenant from a higher authority that is respected and not merely a legal contract.
Layers can get around any contract by redefining words as the Supreme Court has done with the American Constitution.
The First – the egalitarian Israelite society, as laid out by Moses .
Whether you believe that the Pentateuch (five books of Moses) was a result of interfacing with the Supreme Being or the design of a really smart man or men, or even the work of aliens, jump starting civilization, it is a prescription and design for an egalitarian society without nobility or classes; where each individual is both servant and sovereign, endowed with rights and responsibilities, empowered as a people to constitute their government, a system of laws, an independent Judiciary, constitutional limits and boundaries on the chief minister, King or excecutive; codes of conduct for virtuous citizenship and a division of powers not seen again until the United States.
Abraham and his descendants through the line of Isaac and Jacob (renamed Israel), acknowledged one supreme power and authority which encompassed all the other powers and authorities of nature that the were worshipped as Gods.
Abraham and his descendants entered into a Covenant where both parties acknowledged each others sovereignty, one supreme and one subordinate,much as the treaties between a primary and subordinate king were structured. The subordinate king, his family and people were covenanted to obey the primary authority and no other, in return for a favor granted (the coming exodus from Egypt), protection, prosperity and security with blessings if followed and curses if the treaty was broken.
Unfortunately, the Israelites devolved their society back to a Ruler/Servant one and fought amongst themselves until they were conquered. The Israelite Society was never restored, (today’s Israel is a Socialist, Parliamentary Democracy with no Constitution and only partly observant of the Covenant).
The Second – the United States as originally constituted:
People are endowed with Natural rights and only the people possess these rights. The government has no rights, only duties. A government of the people only holds a limited set of powers granted [transferred] to it from the people. The Government possesses these delegated powers only so long as the people allow. The people have a right to change their government if it becomes onerous.
The people of the several States constituted [formed] a government called the United States [the Federal government], and delegated powers to it, as the people’s agent, to perform duties that we as individuals or states did not have the capacity to provide except by pooling our resources, such as a strong defense. Congress was granted authority to collect revenue to pay debts and provide for those specific powers/duties only.
Marx was correct about Human nature being explotative. However, his remedy of public control of Capital and the means of production failed because of focusing on economic distribution rather than Power distribution. Power is a corrupting influence. That influence is mitigated by division of power, separation of power and checks and balances of powers. Equalizing economic results, produces sloth and depression. Equalizing power prevents corruption.
Economic results must remain unfettered and unequal to motivate successful activity, competition and intelligent pricing, which accurately reflects supply and demand, in the creation of products and services and the allocation of labor and wages. Checks and balances are built in to a free market and function when they are not interfered with by invalid weights and measures,subsidies or fixing prices and/or wages and devaluation of currency. Exertion of control and power over markets is only justified for policing of fraud and theft.
Separation of Powers, Checks and Balances
All Legislative [making laws] powers granted to the United States by the people are vested [held inalienably/permanently] in the Congress (Article I section 1) and only the Congress. No other branch of government, but Congress, is delegated/granted any powers by the people. The Congress consists of a Senate, representing the States, and a House representing the people. Because the legislative powers are vested, in Congress, Legislative powers shall not be delegated to, or combined with, any other branches of the government.
Congress is authorized to make only those laws absolutely “necessary and proper” for carrying out those powers that were delegated to it in article I section 8. Only Congress are the people’s agent. Congress may not delegate the power to make laws to unelected and non-representative bureaucracies. Especially bureaucracies that implement powers not granted by the people to Congress or those that combine making laws (regulations) and administering enforcement and judgment (penalties/fines/confiscation of property/imprisonment) on those laws.
The Executive [managerial] power is vested in a President of the United States. (Article II section 1).
The Judicial [administration of justice] power of the United States is vested in one Supreme Court and inferior courts that Congress may from time to time ordain and establish. (Article III section 1).
The President is the manager and the Courts the administrators of the laws enacted by Congress to carry out the powers granted to Congress by the people. Neither the President nor the Courts can create law or grant powers. If they do (as they have) the government is no longer of the people but is a tyranny over the people (as we are today) and the people have the Natural right and the duty to change it.
Barbarians at the gate
The Supreme court broke the Constitution in Marbury vs. Madison by misinterpreting Article I section 8. The court reinterpreted the wording that was clearly meant only to grant the power to “lay and collect taxes” for the purpose of providing for the General welfare as giving Congress power to make laws “to provide” for the general welfare.
This interpretation is logically inconsistent and directly contradicts Thomas Jefferson. If Broad Powers are granted, they logically include the enumerated powers. Therefore Enumeration of powers would be unnecessary. The fact that powers, clearly providing for the general welfare, are indeed enumerated after this clause, proves there was no intention of providing Congress with any but the enumerated powers.
It would reduce the whole instrument to a single phrase, that of instituting a Congress with power to do whatever would be for the good of the United States; and, as they would be the sole judges of the good or evil, it would be also a power to do whatever evil they please. [As government is now doing] – Thomas Jefferson on the Constitutionality of a National Bank -1791
Further, providing for the “common defense” is also included in the sentence. If any and all powers are granted for general welfare then why not also for common defense? And since Common defense powers are clearly enumerated, the same logic as above applies.
Only those laws absolutely necessary and properly applicable to the enumerated powers are to be made. They did not say you can make any laws “sort of, maybe, kinda related” or where a stretch of the imagination is needed to be made applicable as Congress and the Judiciary has done.
” the Constitution allows only the means which are “necessary,” not those which are merely “convenient” for effecting the enumerated powers. … for there is not one which ingenuity may not torture into a convenience in some instance or other “- Thomas Jefferson on the Constitutionality of a National Bank -1791
The USA is no longer a government of the people, Controlled by the Constitution with divided powers, but rather a government based on the whims of the Ruling Party and the bureaucrats. Just like the Soviet Union.
But we can fix it.
