[EL] "We the People" as "CEO"

[Paul Lehto]

It's a little strange to see a libertarian conceive of such a limiting idea
as Jon Roland's below, where the constitution is a mere set of "bylaws"
that effectively handcuff or limit not just the government but the people
themselves as voters delegating to their representatives 100% of the
legitimate power possessed by the government.  How do voters transfer this
power and legitimacy in normal elections without any connection to
sovereign power?

Most provisions of the Constitution require government/state action before
they come into play and are not binding on the private sector (anti-slavery
being one counter-example).  But apparently Jon Roland would interpret all
of the constitution's election provisions as binding on "We the People" -
the entire "private sector" as it were.

I don't think that weaponizing the Constitution and turning its power
against We the People is a liberty-respecting idea.   All the people can do
is vote, and specifically in order to be a FREE PEOPLE, they have to be,
well, FREE.  The rest of the year, when not voting, we are all mere
subjects of the law and obliged to obey it just like any citizen in a
dictatorship.  It is only in voting that we can be truly free as a people.

Paul Lehto, J.D.

On Sat, May 12, 2012 at 11:01 AM, Jon Roland <jon.roland at constitution.org>wrote:

> **
> The people are only sovereign in elections for delegates to constitutional
> conventions (including state legislatures sitting as such) or in
> constitutional adoption or amendment referenda. Elections of officials to
> an office (or removal from one) are not, strictly speaking, exercises of
> sovereignty, which must always operate through a constitution. They are
> just selecting someone to do a job within a constitutional framework.
> Elections of officials do not directly amend constitutions, nor ratify the
> actions of officials as constitutional.
>
> The people stand as shareholders, not as a CEO. The by-laws are the
> constitution.
>
>
> On 05/11/2012 04:03 PM, Paul Lehto wrote:
>
> unless you contest that We the People are sovereign in elections
>
>
>
> -- Jon
>
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> Constitution Society               http://constitution.org
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> Austin, TX 78757 512/299-5001  jon.roland at constitution.org
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>
>
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-- 
Paul R Lehto, J.D.
P.O. Box 1
Ishpeming, MI  49849
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