Thursday, October 28, 2010

Constitution is a Social Contract; A General Will; Exclusive and Concurrent Jurisdiction

The Constitution is the Solution
Temecula Constitution Study with Douglas V. Gibbs
October 28, 2010

The Contract Between the States and the United States Federal Government

Elements of a Contract

1. An agreement reached to do, or refrain, from doing an action.

2. Validated when two of more parties with capacity make an agreement.

These elements must be reached after sufficient consideration.

Three basic components of a contract are:

1: Offer
2: Consideration
3: Acceptance

Agreement is essential to any contract.

Does the U.S. Constitution fit the criteria of a contract?

The U.S. Constitution is a Social Contract, which is one of the foundations of our system of government. Our social contract was agreed upon with the belief that government only exists to serve the people. They can choose to give, or withhold, this power. In America the contract was designed to be an agreement to only give government enough power to provide protection of their well being.

Supporters of a large centralized system took it a step further, proposing that government must exist because of the existence of a “General Will.”

A General Will

The General Will according to Jean Jacques Rousseau is a will not necessarily expressed by the general public in any way, but is presumed to be known by the ruling elite. No aspect of life is excluded from the control of the General Will. Whosoever refuses to obey the General Will must in that instance be restrained by the body politic, “forcing them to be free.”

Those believing in the General Will wished to dissolve the people into a homogenous mass, abolish decentralization, and remove representative institutions.

The Founding Fathers hated and feared the concept of the General Will, and designed the contract known as the U.S. Constitution with protecting the union against this kind of tyranny; hence, the existence of the Limiting Principles, State Sovereignty, Individual Rights, and a Separation of powers. In order for such a tyranny to dominate a governmental system such as ours, the wool would need to be pulled over the public’s eyes using rhetoric like “these laws are for the public good.”

Exclusive and Concurrent Jurisdiction

Exclusive Jurisdiction: An authority that only a State, or the Federal Government, has.

Concurrent Jurisdiction: An authority that both the states and the federal government has.

A Special Thanks to:

Faith Armory, 27498 Enterprise Cir W #2, Temecula, CA 92562
951-699-7500, - For providing us with a classroom to meet in.

Political for Donating Pocket Constitutions.

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