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HIVE TOPIC OPEN: May 25, 2012 - June 28, 2012

How Can We Fix the Constitution?

Do nothing


The chief virtue of the American Constitution is the idea of negative rights (Congress shall make no law respecting the establishment of religion). Other constitutions attempt to implement positive rights (The State shall give you health care).

Positive rights clearly require that the State have unlimited power, for if the State must give the people everything they want, it must take from them everything they have. That is, the government can't give you "free" health care unless it first takes from me the money with which to pay for it.

The model for a positive-rights Constitution is the last Soviet constitution, which is readily found on line (in both English and Russian). Having spent time in the old USSR, I can tell you that I have seen how positive rights work in practice -- and you won't like it.

Canada, for instance, guarantees a freedom from hate speech, which has produced a system where some indisputably true things (e.g., Mohammed was a pedophile) cannot be said.

Any effort to revise our Constitution will result in a plethora of positive rights and an ignominious end to the American experiment.

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