I don’t see that it’s obvious that the Supreme Court has been dishonest about the Constitution. It was written as a deliberately vague document designed to satisfy multiple interests. It’s very much an inkblot. Madison said it contained “few and defined” powers, yet he also endorsed the doctrine of implied powers. Let’s get real. The Constitution was the result of a virtual coup intended to overthrow the Articles of Confederation. The feeling among the movers in Philadelphia was that there was too little central government, not too much; too little protectionism, not too much. I don’t understand the constitutional sentimentalism among some libertarians. As Spooner said, the Constitution either authorized the government we have or was powerless to prevent it. Constitutions don’t interpret or enforce themselves. People do, thus the rule of law is always the rule of men. Protection of freedom will not come from constitutions or “limited” Leviathans but from competition.
This is a really good point. For other good material on this point, see:
- Sheldon Richman, The Articles of Confederation Versus the Constitution
- John Hasnas, The Myth of the Rule of Law
- Jeffrey Rogers Hummel, The Constitution as Counter-Revolution (mp3; pdf)
- Kinsella, Rockwell on Hoppe on the Constitution as Expansion of Government Power
- Lew Rockwell, The Hoppe Effect
- Rockwell, The Enemy Is Always the State
- Kinsella, Black Armbands for “Constitution Day”
- Kinsella, The Bad Bill of Rights, Goodbye 1776, 1789, Tom, Richman on the 4th of July and American Independence, The Murdering, Thieving, Enslaving, Unlibertarian Continental Army, Napolitano on Health-Care Reform and the Constitution: Is the Commerce Clause Really Limited?; Was the American Revolution Really about Taxes?; Re: Happy Bill of Rights Day — The Problem with the Fourteenth Amendment; Bill Marina (R.I.P.) on American Imperialism from the Beginning; Happy We-Should-Restore-The-Monarchy-And-Rejoin-Britain Day!; Revising the American Revolution; The Murdering, Thieving, Enslaving, Unlibertarian Continental Army; The Declaration and Conscription; ‘Untold Truths About the American Revolution’.