Governments have killed more people than all individual murderers combined. Governments take more of our earnings than we all, collectively, spend on food. Governments imprison large portions of society.
Considering these facts, it behooves us to ask, Is the government legitimate? Am I obligated to abide by its laws? Do I have a right to break the law? Do I have a right to resist law enforcement?
In non-democratic governments, the governments are usually justified by nonsense such as Divine Right. Conveniently enough, God is never around to answer questions about monarchy.
In democratic governements, including constitutional republics like the US of A, the governemnt is justified by the supposed “consent of the governed” in conjunction with some sort of social contract, to which it is assumed we tacitly consent.
In America, the social contract to which we are alleged to have tacitly consented is the Constitution.
Now, just for the sake of keeping you involved, let me ask: Did you ever consent to be governed by the Constitution? I didn’t.
If given the choice between the Constitution of the United States – a document that has witnessed horrific levels of government sponsored bloodshed, slavery and incarceration – and anarchy, I personally would choose anarchy in a heartbeat.
But now I’m getting ahead of myself. First, let’s take a look at that to which we are being asked to consent. The social contract, after all, is just a contract. When you get a home loan, you read the contract, don’t you? When you buy a car, enter into an employment contract, or even sign up for cellular phone service; you read the contract. You, as an intelligent human being, want to know precisely what your rights and obligations are, so you read the contract. Some people even “study” their contracts. That may be taking it a bit overboard.
Common sense would tell us we can read the Constitution and learn what our rights and obligations are. That would be a rookie mistake. The Constitution of the United States gives power to the Federal government and gives certain, easily discarded rights to the people. Taxes? Not too clear there. Right to life? Only if you’re a “person”, a status denied to Native Americans, African Americans and the unborn at differing times.It’s equally ambiguous on every other topic you might want it to address – property rights, employer and employee rights, marriage rights, animal rights, health care rights, women’s rights, gay rights, immigration, education and vouchers, etc.
It’s pretty much a lot of nice words, not so much substance.
So, you’re thinking, what kind of contract is it that they are offering?
The contract can best be understood by the laws that have been enacted and are currently being enacted. If we look at the laws, we see that there is no part of your life that is protected from government intervention. From the moment of conception until you breathe your last, the government reserves the right to tell you what you can and cannot eat, what you can and cannot smoke, which kind of architecture your home will conform to, how you may make a living, how you may raise your children, how you may employ others, how you may enter into employment yourself, when and how you can leave the country, and how you will finally die.
In other words, the social contract being offered up is a social contract of totalitarian democracy.
All members of this society agree to renounce any and all individual sovereignty and subject themselves to legislation passed in a democratic – majority rule – fashion. The majority may or may not agree to allow you certain freedoms, but those freedoms are not guaranteed. Any freedoms allowed are allowed only so long as they are supported democratically. If the people choose to democratically remove any freedom, you are bound to abide by the laws that deny you that freedom.
And it so happens that people love to democratically impose their morality on others. When cities limit the size of new homes to 2,500, you have democracy to blame. When cities ban fast food restaurants, they do so in the name of democracy. When states ban gay marriage, again, it’s democratically. When 26 of Alabama’s 67 counties ban the sale of alcohol, it’s democracy in action.Although nobody has ever been killed by the sight of a nude woman, strip clubs are banned all across the nation. That is democracy.
When the democratic rules reach into every area of one’s life as they do in America, it’s totalitarian democracy. In order to achieve totalitarianism, whether it’s autocratic or democratic, all it has to do is be morality-based.
And morality-based describes the vast majority of American laws. A good part of Americans believe they have the right to impose their morality on others in a democratic fashion. If their morality is popular, the chances are good that it will become law.
Consider the case of prostitution. Legal in New Zealand, it is illegal most everywhere else, even though law enforcement in the United States often looks the other way. When we consider the sole legitimate role of government to be the protection of individual freedom against impingement by others, we see that not only should prostitution be legal, but the state’s democratic violation of that freedom is criminal.
We’ve seen that the democratic social contract is morality based and leaves the individual with no sovereignty whatsoever. It is totalitarian to the degree that it represents the morality of the constituency.
At this point, you likely have two questions. First, what is the alternative to a democratic social contract? Second, what, if not morality, is the basis of law?
The individualist social contract is thus: I will refrain from impinging upon your freedom and protect your freedom from impingement by others in due consideration of the same from you.
That’s a contract. It’s not a moral statement. Contracts are written up – and consented to – for reasons of mutual benefit. When I contract with a builder to build my home, I am doing so because I want a home and the builder wants money. The same principle applies here.
When I contract with a builder to build a home, I’m not making a moral statement. I’m not giving up all my money, nor am I giving up all my freedom. I’m exchanging a very specific amount of money for a very specific service.
The same should go for a social contract. Why would any sane person give up their 100% of their sovereignty in exchange for totalitarian democracy? What specifically is it that I get in exchange for giving up my right to eat the food I want to eat? What specifically is it that I get in exchange for giving up the right to drink what I want to drink, or smoke what I want to smoke? What specifically is it that I get in exchange for giving up my right to distribute my earnings as I see fit? What, specifically, do I get in exchange for giving up my right to build a house according to my own preferences?
The answer, of course, is nothing. The democratic social contract is one-sided. It’s the majority imposing, with the use of force, their will on others.
Now, I know what you will say. You’re going to say, “but America is a free country. The freest country!”
Actually, America is a world leader in totalitarianism and the world’s undisputed leading jailer. The United States has 5% of the world’s population and 25% of the world’s incarcerated population.
One problem with the democratic social contract is that it isn’t even a valid contract. It isn’t valid for the same reason every un-signed contract is not valid: for a contract to be binding, it must have each party’s consent.The vast majotity of Americans would not consent to the social contract. They live under it, as victims of it, in much the same way that North Koreans live under their dictator’s rule.
Next time a city code enforcment officer tells you to re-paint your house a different color, you may just tell him that you didn’t consent to the contract. He has no more authority to command you than I do.