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This just isn’t correct. If you think the views of the Founders were reflected in the Constitution, then I’m afraid to tell you that it’s a document which permits lots of government. The question isn’t “what can the government do or not do?” It is “does the federal government or local government have authority to make decisions?”

Aside from the fact that the Constitution at least tacitly permitted individuals to own other individuals as property; stealing land from Indians; and depriving women of political and economic right, I regret to inform you that the the Bill of Rights didn’t even apply to local governments. That’s right. The state of Virginia was free to set up a state church and make you pay taxes to support it or free to pass laws saying you couldn’t criticize the President. It was also free — at least under ol’ Jim Madison’s Constitution — to take away your real estate without providing you compensation or to torture you. And yes, it could also do all kinds of other regulatory stuff that wasn’t explicitly mentioned in the Constitution.

I’m fine with someone saying “libertarianism is good” as a philosophical matter but IK not fine with people putting their own political views into the mouths of the Founders.

Sep 1, 2021
at
3:48 PM