What’s the most libertarian kind of US president possible?

Introduction

I am going to make a case favoring an idea I picked up from ex-presidential candidate Austin Petersen, the idea that the president who obeys the Constitution is the most libertarian president possible.

US Constitutionalism

The idea of constitutionalism is the idea that a free society is one with a government that is subject to, and loyal to, a constitution. Here in America, Constitutionalism means the president and the congress should just obey the American Constitution straight to the letter.

The Case I Make

Looking at the Constitution, the Preamble says this:

  • We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America

Let us go to Merriam Webster to find the meanings of some of these terms:

  • Justice: the process or result of using laws to fairly judge and punish crimes and criminals
  • Domestic Tranquility: the quality and state of being quiet and peaceful in your own country
  • Common Defense: something used to protect oneself and one’s country that is owned by two or more people or groups.
  • General Welfare: a state of happiness, healthiness, and success that affects all of the people or groups in a nation
  • Liberty: the state and condition of people being able to act and speak freely
  • Posterity: people in the future, i.e. millennials like me first appeared 190 years after the Constitution was formed, making us the Founders’ posterity

Next, I am going to summarize Article One Sections Eight through Ten.

  • Article One Section 8 says Congress is the legislative branch, powers numbered by Clause:
    1. Only Congress can handle taxes and spending
    2. Only Congress can borrow money on credit of the US
    3. Only Congress can set rules for commerce
    4. Only Congress can set the immigration policy
    5. Only Congress can print and coin money and regulate the value of it
    6. Only Congress can decide how to punish violations of US currency
    7. Only Congress can do government infrastructure, and postal infrastructure is the only infrastructure government can do
    8. Only Congress can manage the copyrights of Americans’ intellectual property and promote the sciences
    9. Only Congress can make rules for courts
    10. Only Congress can define and punish felonies committed on the seas and overseas.
    11. Only Congress can declare wars, issue death bounties against enemy entities, and make rules for how the military is supposed to treat POWs
    12. Only Congress can raise and fund an army, and even then only one new budget every two years
    13. Only Congress can raise and fund a navy
    14. Only Congress can make rules for how the military is supposed to conduct a battle
    15. Only Congress can summon the federal police department to enforce the laws of America domestically
    16. Only Congress can make rules for how federal police can and cannot enforce the federal laws
    17. Only Congress can make legislations
    18. Only Congress can regulate Congress
  • Article One Section 9 says Congress is forbidden from doing certain things, like:
    1. Congress is banned from importing people after 1808
    2. Congress is banned from defying an order to bring a jailed person to court to decide if they truly belong there
    3. Congress is extremely banned from presuming guilt and from changing punishments on an impulse
    4. Congress is banned from basing taxes on anything other than the national population
    5. Congress is banned from imposing tariffs
    6. Congress is banned from imposing preferential regulations
    7. Congress is banned from using money for anything other than emergency needs, and also from obstructing any kind of auditing
    8. Congress is banned from allowing governmental officers from having any titles of nobility
  • Article One Section 10 bans states from exerting powers of the federal congress, meaning:
    1. State governments cannot do any contracts congress is allowed to do
    2. State governments cannot base American monetary policy on anything but the Gold standard and/or Silver standard
    3. State governments cannot impose tariffs without Congress’s permission
    4. State governments cannot have militaries of their own, and also cannot provide to any wars not being waged to directly defend America or her friends

The other articles:

  • Article Two sets the standards of the president and executive
  • Article Three sets the standards of the courts and judicial
  • Article Four decides how states and the fed are all to treat each other
  • Article Five decides what is and is not allowed in modding the constitution
  • Article Six demands the constitution to be regarded as supreme law of America
  • Article Seven sets the standards for ratifying the constitution

And of course, enforcing the Constitutional safeguards of liberty, justice, reserved rights and civil rights is the job all three branches have in common:

Liberty:

  • Amendment One: Strictly forbids any limits or exceptions being made to the freedom of speech, freedom of the press, freedom of religion, freedom of assembly, or right to petition.
  • Amendment Two: Strictly forbids any limits or exceptions being made to the right to keep and bear arms or right of self-defense.
  • Amendment Three: Strictly forbids any limits or exceptions being made to the civilian’s right to decide whether or not he or she provides hospitality to active-duty soldiers

Justice:

  • Amendment Four: Mandates the police to get a warrant signed by a judge in order to search an individual on grounds of reasonable suspicion.
  • Amendment Five: Mandates the respect of the legal rights of the accused, including presumed innocence until proven guilty, accusations not being proof
  • Amendment Six: Mandates a speedy and public trial of an accused person, and demands the trial to be conducted by a public jury and demands the trial to be entirely transparent
  • Amendment Seven: Mandates court judges to obey and respect a standard of basing proof on concrete facts and never on feelings or on social norms.
  • Amendment Eight: Mandates humane deployment of tough love against major crime convicts, also mandates bailout prices to be affordable to just about any American

Reserved Rights:

  • Amendment Nine: Strictly forbids any limits or exceptions, outside of the Golden Rule, to such individual freedoms as freedom of choice and freedom of education and laissez-faire economic freedom and right to privacy that are not mentioned by name in the Constitution
  • Amendment Ten: Allows the States to make their own laws to retain state independence from federal authority, even if they differ from each other or from federal law but also Forbids the states from making laws that contradict the rest of the Bill of Rights

Civil Rights:

  • Amendment Thirteen: Strictly forbids any use of slavery outside of punishing a violent crime, and even so the accused must be proven guilty with findings of fact as required by the Bill of Rights.
  • Amendment Fourteen: Strongly forbids any preferential treatment of any individuals or demographics and also mandates the granting of citizenship to people who reside in the United States
  • Amendment Fifteen: Strictly forbids any use of race, color, or ethnicity as grounds for denying an individual the rights to life, liberty, property and voting
  • Amendment Nineteen: Strictly forbids any use of gender, gender orientation or gender identity as grounds for denying an individual the rights to life, liberty, property and voting
  • Amendment Twenty three: Demands people in all cities in America, DC included, to be allowed the right to vote
  • Amendment Twenty four: Forbids any kind of poll tax in the realm of voting booths and elections
  • Amendment Twenty six: Lowers the voting age to eighteen, demands governments all over the US to leave it up to the citizen aged 18 and older whether to choose to register to vote with any party or to register to vote as an Independent or to not register to vote

So, given what’s in the Constitution – would a president who simply but strictly obeys the Constitution be the most libertarian president in American history?

YES.

Conclusion

So, I hereby rest my case for a Constitutionalist president being the most freedom-focused kind of president possible for the US. Thanks all,

~LDA

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