The Modern Federalist Papers (2010)

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MODERN FEDERALIST. No. 9

The Preamble
For the Independent Thinker.
Robert Briscoe

To the People of the Unites States of America:

The Preamble: Establish Justice

“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 Blessing of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.”

Justice concerns itself with the proper ordering of things and people within a society. We normally think of Justice in the concept of moral rightness based on ethics, rationality, law, natural law, religion, fairness, or equity, along with the punishment of the breach of these ethics.

Justice as a divine law is commanding, and indeed the whole of morality, is the authoritative command. Morality exists on the highest order, i.e. God. God's perfect order is organized in nature.

Natural law involves the system of consequences that naturally derives from any action or choice. In this, it is similar to the laws of physics: in the same way as the Third of Newton's laws of Motion requires that for every action there must be an equal and opposite reaction, justice requires according individuals or groups what they actually deserve, merit, or are entitled to. Justice is a universal and absolutely applies to everyone.

Giving people what they deserve

This applies both at the individual level and at the universal level. All theories of justice claim that everyone should get what they deserve; however, theories disagree on the basis for deserving. The founding fathers argued that individual rights stem from God and the basis of justice is preserving these rights so that they are held equally by everyone. They also argued that the basis of property or goods, social status and wealth is unequally distributed on the basis of ability, talent, inovation, hard work, and industry. Therefore, individuals should have the product of their own labors, that they possess it is just, and what anyone else does or doesn't have or need is irrelevant.

Respecting property rights maximizes the number of individuals in the middle class. Respecting property rigthts also insures that no one is made worse off by redistributing the fruits of their labor to someone else. The result is that individuals will generate the greatest total benefit from the resources available in the world.

Each person is to have an equal right to the most extensive total system of equal basic liberties compatible with a similar system of liberty for all.

PUBLIUS.

 

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