Liberty and the Constitution of the United States
Introduction
I’ve been reading a lot of Frédéric Bastiat recently. He makes a very strong argument for freedom, government focus on criminal justice, and non-involvement in everything else. I want to believe him, and have been doing some thought exercises to test the idea. So far, it’s coming out alright. To see where I’m coming from here, read The Law and (if you’re up to it) Economic Harmonies.
So, I figured I’d read through the US Constitution with this in mind and find out if it matches up with this idea of liberty. As Bastiat says, “The law is the organization of the natural right of lawful defense. It is the substitution of a common force for individual forces. And this common force is to do only what the individual forces have a natural and lawful right to do: to protect persons, liberties, and properties; to maintain the right of each, and to cause justice to reign over us all.” (emphasis added) Is this the kind of “liberty and justice” the United States is founded on? Let’s find out!
(spoiler: My conclusion is that Article 1 and the 18th amendment are the main offenders. The rest are quite respectful of liberty.)