The Constitution of Consensus: Democracy as an Ethical ImperativeP. Lang, 1987 - 213 pages Ratification of the Constitution annihilated one Congress and created another. It also established that the States had a right to exist, and a right to abolish the Congress, the President, the Supreme Court. Nevertheless, for almost two centuries «conservatives» (first Federalists and then Republicans) have been telling us that the Congress is equal to the State legislatures, the U.S. courts to those of the States. And indeed they must be believed, if it is true that the U.S. judges have the authority of the judges or commissioners of the court of the Continental Congress, viz. to decide by majority. If Congress can act without the judges being agreed, then it can act without the States being agreed. There are, however, three grounds for rejecting this position. First, the historical record. Second, the evidence of the Constitution itself. Third, the fact that no (reasonable) man could hold the law to be so. |
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agree allowed amendment aristocracy Articles of Confederation assert authority beneficent declaration bill of attainder bureaucracy capital choose citizens claim coin collective common law concerned Congress consensus consent conservative Constitution Continental Congress cost course crimes criterion decide defend delegated democracy democratic deny direct democracy distinction elected entities equal ethic executive exist existential experience fact falsifiable function highway hold House human impeachment implies individual judges judicial jury justice king labor legislature liberty majority malum in se mean mens rea merely minority monopoly nations natural law party persons philosophers plainly political decision Popper president presumably prior restraint proceed proposed propositions proved provision question ratifiers reason regulation representative responsible Section Senate sense social contract theory society sovereign specie supposed Supreme Court swans U. S. Congress Union United universal proposition veto vote welfare wrong