By Daryl Luna, Editor:In Defense of the Constitution
I am a libertarian, and I am a constitutionalist. But should I be? Not that I shouldn’t be a libertarian. I am sure most of the readers here at THL would maintain that we should all be libertarians. But should I- being a libertarian- also be a constitutionalist? I contend that I should for good reason.
First, let me note that I in no way want to give the impression that a libertarian must be a constitutionalist. Many true libertarians shun the Constitution (and sometimes the very existence of government altogether), and I can sympathize with their reasoning. However, I would like to explain why I personally feel comfortable as a libertarian and a lover of the Constitution. (It is sort of my job; I do maintain a blog titled In Defense of the Constitution.)
Even though I am a bit of a constitutional apologist, I admit the Constitution is far from perfect and some of its provisions are downright hostile to liberty. Look no further than the constitutional provision for some types of eminent domain as an example. Not only do I dislike the failures of the Constitution, but I think the Articles of Confederation— our original constitution and predecessor of the current one— is a much better document. I wish that the Constitutional Convention would have actually carried out the job it was commissioned to do and simply amended the Articles. Instead, they chose to scrap it, create a stronger federal government, and give up even more of the states’ sovereignty.
But I contend that the Constitution’s lack of perfection does not make it a lost cause, because any type of government is imperfect. Moreover, though I have a lot of respect for anarcho-capitalism and would prefer it in a perfect world, I still believe minarchism is both viable and realistic. The US Constitution is not exactly minarchist, but it might be the closest thing we have to it in modern history. Therefore, the Constitution is decidedly libertarian in slant.
One thing that I always remember is that even one of the Constitution’s great opponents, Thomas Jefferson, became one of its greatest proponents after its ratification. Therefore, my championing of the Constitution comes from the same place as that of Ron Paul, Thomas Jefferson, and other libertarians. It is not that we find the document to be the absolute ideal. It isn’t that we would not like portions of it to read differently or perhaps not to exist at all. Rather, it is our simple desire to preserve the rule of law that guides our constitutional fidelity and support.
According to Article VI of the document, the Constitution “shall be the supreme Law of the Land.” It is the standard set for our government and a compact among states in which some rights are surrendered for the protection of all others. All and all, the Constitution would create a very libertarian society, if followed. Sadly, fidelity to the Constitution is a dying concept. Bills are passed without proper authority, actions are taken in direct defiance to constitutional provisions, and few seem to even care. But things seem to be changing as more and more people are now looking to the Constitution as a guide—no doubt a direct effect of the liberty movement spurred by the presidential bid of Texas Congressman Ron Paul.
The simple plea to “follow the Constitution” no longer seems so crazy. And if we can point to the constitutional infidelity of our government, perhaps we can make progress toward correcting that same infidelity. This is one of the major reasons, I support the Constitution. Since it’s the supreme law of the land, it must be followed. If there is a problem with the document, we should not just ignore it; we must either amend or abolish it. However, I see no major reason for abolishment. (I could offer a few amendments, however.)
Put simply: as a libertarian, I value private property. The Constitution protects property rights. As a libertarian, I value all individual rights. The Constitution protects them as well. As a libertarian, I value a free society, and the Constitution provides for a very free society. As a libertarian, the Constitution places value on many of the things I value myself.
Despite its flaws, I think the Constitution of the United States is a great document for a free society. No libertarian should be shy to embrace it because it is not shy to embrace libertarian values.
