How do you feel about Contract Law

Why are you not a fan?

The “contract law” analogy is flawed in a number of ways, but most fundamentally, a contract is an agreement between parties based on mutual intent to be bound.

I have never been asked to agree to be bound by the Constitution, let alone agreed to it.

There is only one party to the Constitution - it binds the government, not the people.

Nice. You have a typo.

I think you’re overlooking a couple of things here:

I have never been asked to agree to be bound by the Constitution

And here

There is only one party to the Constitution - it binds the government, not the people.

I fixed it. I have a new cellphone, and the autocorrect has not learned my finger-typing yet.

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What am I overlooking?

If we consider the purpose of the body of the Constitution, I don’t think you can claim there is only one party to it.

This could be a great discussion.

We… agreed to allow them to form a central government with a supremacy clause.

Ah. So you are suggesting that the Constitution is a contract between the various branches?

Or a contract between the signatories, to agree to build a government according to the rules set forth?

That’s an interesting point, but I think in the context of the OP, the analogy still falls apart.

It is, but not right now.

“We” agreed to the formation of a central government - based on conditions.

There are two major parts to the Constitution. Practically two constitutions.

The first forms a government. Addressing delegations of authority and is basically a contract between the branches and the central government and the states.

The second secures rights for individuals and reinforces the rights of the states.

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I don’t disagree with this post, as a whole.

But who is “we”? The signers, or us?

“We…the people.” We sent the delegates. We ratified it. We agreed to be governed, under the conditions stipulated in the contract. We agreed to let them speak for us.

We are party to it.

Now if you are claiming to disavow the Social Contract as an individual… we can have a different conversation.

And we demanded the second constitution as a condition to the first.

And the central government and many states are in breach of contract.

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I’m going to have to come back to this later tonight, I have some errands to run.

Good talk. You’ve made some points.

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See you then and looking forward to it.

@komobu are we derailing your thread or on topic?

Not at all…This is the type of conversation I was looking for. I think people should quit running to the federal govt for everything and run to their state govt. I also dont like the state govts violating peoples rights ie freedom to assemble.

Trump gets beat up so hard over corona, yet he did exactly what he should have. He left it to the states. The states are the one who should have handled the crisis. What state took any needs to the federal govt that was not supported? He even sent the mercy ship to New York. Cuomo sends corona positive patients to nursing homes, and then blames Trump. You cant make this stuff up!

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It’s easy to criticize Trump because most people are ignorant, and I’m using ignorant as a strict definition, not trying to insult. Most people view the United States as one big country, not 50 separate states. So it’s easy for people to blame the head of state.

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So does that work for everything.

Natural disasters for instance.

Isn’t there times that citizens should get some assistance from the feds.

Covid is a natural disaster yet you want the feds to have nothing to do with it.

Allan

True, but as Moses found out thousands of years ago, people problems can be resolved the easiest at the closest level to them.

Look at a city like Ferguson, or Baltimore. People expect the Federal govt to do something and fix those cities. Obama even sent the FBI in there. The fact of the matter is the Federal Govt cant do anything. It should be the city leaders who are held to the fire and make the needed changes. The city leaders see police officers acting inappropriately, they should fire those officers and the chief of police. Instead they blame the whole country for Systemic Racism. Instead of the city leaders doing anything about the issues, they go out and join the protest and pander for a vote, all the while blaming Trump. Trump has enough of his own faults we could point out, but he is not a sacrificial lamb.

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