If you are not jarred from exposure by this essay to the bone-chilling injustice of our current arrangements, you likely did not read it.
If you are not jarred from exposure by this essay to the bone-chilling injustice of our current arrangements, you likely did not read it.
The issue that I take with a paper from 1870 appearing today regarding the governing power of the Constitution is largely one of sheer irony for the situation that we are currently is...because our current system of government was exactly what the US Constitution was designed to prevent.
It's fitting that this was written in 1870 only a few years removed from the Civil War and in the midst of Reconstruction when the US began it's current trek toward consolidated federal power in which a man really does have very little say in the matters of his own governance. State and local governments are more tangible and adaptable to the votes of the people and the ongoing interests of it's citizens as times change.
States that can experiment. Learn from each other. Compete with each other. See things in other states that they like and adopt them with their own local nuance if need be. As a bonus, states have to have balanced budgets.
If you want to opt out of a society, wonderful. Leave it. Most governments will allow you to leave, and I certainly agree that those which do not are tyrannical.
However, if you try to opt out and refuse to leave, you're a free rider, getting the benefit from the society without agreeing to the rules which helps make it work. It is immoral to benefit from clean air if you refuse to abide by the laws limiting air pollution. It is immoral to benefit from a functional banking system if you refuse to abide by the laws regulating that banking system.
Yes, there are a lot of immoral people in the world. However, waving your immorality around like a flag by saying you don't agree to the system you benefit from is a level to which most of the immoral will not stoop. If you are going to do wrong, at least have the decency to admit you're doing wrong, and attempt to change the system in a constructive way, instead of trying to paint free riding as a moral alternative.
(Ironically, you have to pay more to renounce US citizenship, then you have to pay in all the various filing fees etc when acquiring citizenship through naturalization.)
The Constitution is not the same as society, and saying that the Constitution has no inherent authority or obligation is not the same as opting out of society. In fact, the unthinking conflation of these two concepts (the Constitution and society) is exactly the sort of thing this essay was intended to argue against.
I don't see that in the US Constitution. The preamble talks about things like securing certain blessings, but doesn't really say what they actually are; it uses vague terms like "Justice", which mean different things to different people. The US founding document that comes closest to setting out a defining goal, at least in terms of what government is for, is the Declaration of Independence, and even that is vague: what does "pursuit of happiness" really mean?
(A society without written laws is anarchistic, or despotic. A society without any laws at all is impossible.)
If by "laws" you simply mean that people's behavior in a society is constrained by what other people in the society will accept, yes, it's impossible to have a society without "laws". But that in no way implies that it is impossible to have a society without laws in the sense that term is usually used--i.e., laws that come out of some kind of formal process, either legislative enactments (statute) or judicial decisions (common law) that are accepted as binding on everyone in the society, not just the parties to a particular case.
"The Dispossessed" by Ursula K. Le Guin
"The Moon is a Harsh Mistress" by Robert A. Heinlein
These two give two radically different, perspectives of what such a society, with implicit rules and norms basically enforced by on-the-spot consensus, might look like.
(Note, I'm not saying that societies depicted in these books are likely, or even possible. It's fiction, after all, and arguably utopian fiction at that. But it does help in putting a more concrete image to the abstract concept of anarchism.)
So is a society with written laws, if those laws are not enforced exactly as they are written. Which is the case for every society in human history that has had written laws.