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Aug 15, 2008 · Libertarian constitutionalism emphasizes natural rights, which are incorporated into the Bill of Rights, through the Privileges or Immunities Clause of the 14th Amendment and by the 9th Amendment’s reference to “other” rights beyond those explicitly listed.
- Preamble
- Article I: Legislative Branch
- Article II: Executive Branch
- Article III: Judicial Branch
- Article IV: Interstate Relations
- Article V: Amendment Process
- Article VII: Bill of Rights
- Article VIII: Ratificaton and Interpretation
We added a roadmap sentence that reinforces the separation of powers, which may also aspirationally cabin the administrative state. This language is borrowed from many state constitutions, which more explicitly divide the three parts of government than today’s federal Constitution, and which— according to state courts interpreting those constitutio...
SECTION 1 We added a provision reiterating that powers not granted by the Constitution are not to be exercised. Although this is already implicit in today’s Constitution— which only gives Congress the “powers herein granted”— that principle has been so often disregarded that people today often assume the federal government has power to address what...
SECTION 1 We’ve clarified that the power of the executive branch constitutes the power to “execute the laws” and not some broader, freestanding power. Here we ensure that the presidential electors are chosen however each state legislature directs, and otherwise incorporate the Twelfth Amendment in terms of the process of electing the president and ...
SECTION 1 No changes. SECTION 2 We allow taxpayer standing to challenge allegedly unconstitutional uses of funds, overruling existing legal precedent that wrongly holds to the contrary. We also overrule existing precedent that wrongly interprets the Eleventh Amendment to bar lawsuits against states, but restrict and mandate the Supreme Court’s orig...
SECTION 1 No changes. SECTION 2 We clarified that the Privileges and Immunities Clause gives all citizens the same federal rights in all states. We also removed the Fugitive Slave Clause and other provisions obviated by the Thirteenth Amendment. SECTION 3 We allow Congress to form a new state from within the territory of an existing state, by recog...
No changes. We thought about making amendments easier, given how many wrongful legal precedents today act as implicit amendments— but then realized that we really like our new Constitution and want to make it hard to change! But seriously, any constitution should be difficult to amend, to prevent it from, in John Marshall’s words, “partaking of the...
Although we incorporated many of the existing amendments into the text of our constitution above, we thought it best to retain a separate section for a bill of rights— while applying these rights to federal, state, and tribal governments. The first eight sections incorporate the first eight amendments. Then it gets fun. SECTION 1 This is the First ...
The Ratification Clause needs updating, so we figured 35 of 50 states was about the same ratio as the original. We also make clear that everyone should interpret this new Constitution according to its public meaning at the time of enactment, unless amended through the Article V process. Read The Libertarian Constitution
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May 3, 2012 · Libertarians — those who believe that violence is proper only in the defense of person or property and who believe that people have the fundamental right to do anything that’s peaceful — have an image problem, according to some “libertarian-leaning” conservatives.
The Libertarian Constitution - Full Text. PDF (includes Introduction) We, the people of the United States, in order to form a more perfect union, establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish ...
3 days ago · Libertarians are classical liberals who strongly emphasize the individual right to liberty. They contend that the scope and powers of government should be constrained so as to allow each individual as much freedom of action as is consistent with a like freedom for everyone else.
- What is libertarianism?Libertarianism is a political philosophy that takes individual liberty to be the primary political value. It may be understood as a form of liberal...
- What is the origin of libertarianism?Libertarianism has deep roots in Western thought. A central feature of the religious and intellectual traditions of ancient Israel and ancient Gree...
- What are criticisms of libertarianism?A long-standing criticism of libertarianism is that it presupposes an unrealistic and undesirable conception of individual identity and of the cond...
INTRODUCTION TO THE LIBERTARIAN CONSTITUTION. BY ILYA SHAPIRO, TIMOTHY SANDEFUR, AND CHRISTINA MULLIGAN* This was probably an easier project for us than for our conservative and progressive counterparts because the current United States Constitution is fundamentally a libertarian or, more precisely, classical liberal document.
