Like nostr:nprofile1qqsqfjg4mth7uwp307nng3z2em3ep2pxnljczzezg8j7dhf58ha7ejgpr9mhxue69uhhxetwv35hgtnwdaekvmrpwfjjucm0d5q3samnwvaz7tmswfjk66t4d5h8qunfd4skctnwv46qu7vtcc says the constitution is a shitcoin. Not because it’s not great, but because it doesn’t have the same enforcement mechanisms we can have in code.
Discussion
the paper constitution got us to the point where we could instantiate it in code. The First Amendment can now be re-written as follows:
"Speech is ever a protocol, never a platform.”
It didn't. Within a few years it was being broken. You can read the writings of Lysnader Spooner to see this.
What has held us so far is the people and their pressure or lack of it. The First Amendment was ignored by Lincoln and others during times of war.
Its great to have it written down but it is powerless without people. And people have failed over and over again.
I like this way of framing it
The original enforcement mechanism was a very firm moral and religious code. That’s gone now, and the constitution immeasurably weaker as a result.
John Adams:
“Our constitution was made only for a moral and religious people. It is wholly inadequate to the government of any other.”
The analysis the First District Court of Appeal did in finding open carry unconstitutional here in Florida actually provides a very reasoned way into healing the force of the US Constitution per the analysis it relied heavily on in New York State Rifle & Pistol Association, Inc. v. Bruen, 597 U.S. 1 (2022).
For example:
Under Bruen’s historical test, the government must prove that
the challenged “regulation is part of the historical tradition that
delimits the outer bounds of the right to keep and bear arms.” Id.
at 19. That requires identifying a “well-established and
representative historical analogue” from either the Founding or
Reconstruction era that is relevantly similar in both how and why
it burdens the Second Amendment right. Id. at 29, 30 (emphasis
omitted). While a historical law need not be a “historical twin,” it
must impose a “comparable burden” and be “comparably justified,”
to serve as a historical analogue. Id. at 30.
This test could be readily applied to the other amendments reifying their original purposes. I'm actually bullish on this as a lawyerly nerd.
Code enforcement only matters if people use it
The civil rights movement effectively destroyed the constitution. That's what we are ruled by now. "The Age of entitlement" by Chris Caldwell is a very good read on this.
The unfortunate and sad reality is that constitutionally limited government is an abysmal failure.
When the government being limited by constitutional law is also the entity that determines the meaning of the limits and how the limits are enforced then the government will actively erode the original intentions in favor of itself.
Even the founders were aware of the risk of erosion and expected the peace to be much shorter lived than it has.
“The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants.' - Thomas Jefferson
“The people” are supposed to be the enforcement mechanism. Constitution gives people the power with feee speech’s and weapons and in turn “the people” are supposed to defend it. It’s a positive feedback loop. Someone’s not doing their part.
Apologies for my pet peeve but free speech is an unalienable right and is not bestowed by the constitution. The constitution describes the powers granted to government by the people
Code as “enforcement” is a tool which is only effective when wielded correctly.
Reference Core’s misstep and unintended consequences from their ineffective “enforcement” via code diktats.
One of the most harmful lies in the United States has been poor Christian theology and the exploitation of the verse saying give unto Caesar what is Caesar’s and the whole part about God choosing our leaders.
While the statement is true, our faith leaders have let us down by not properly defining Caesar in the United States…We The People are Caesar, our government officials are public Servants and they have convinced millions that it is the other way around. God does choose our leaders in the sense that he allows us to choose the leaders that we deserve and our poor effort as a people to maintain our power has seen us with plenty of terrible politicians.
The constitution is only a shitcoin if we the people are a shitcoin.
A few individuals can change it
Shitcoins have enforcement mechanisms in code too 🤷‍♂️
That’s true. Code itself is not enough. Bitcoin is beyond just its code.
It’s an addendum to the operating agreement the current ruling class has in place
The constitution is ultimately enforced by people and institutions, which makes it vulnerable to interpretation and manipulation. Code, on the other hand, removes trust from the equation and enforces rules automatically..... but it also lacks the flexibility that human judgment sometimes requires. Both have strengths and weaknesses depending on the context.