Constitution-Betrayal by our Founders? Would America be better under the Articles of Confederation?

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Constitution-Betrayal by our Founders? Would America be better under the Articles of Confederation?

Bob Fiedler – Author, Host of the Legalese Podcast

ConstitutionalLaw.substack.com, LegaleseShow.com

The frustrating inability to shrink government power has led many smart Americans to question why we let nationalists replace our Articles of Confederation with the Constitution.  The latter was, as Mises economist Newman presented on Freedom Hub, a coup d’etat.  Rothbard wrote about this in the final volume of his Conceived in Liberty series, which Katie Phipps Hague presented as the underpinning for a new children’s history series.

Why did our Founders make that decision?  Bob will argue that the name of the government (or its configuration) isn’t the most critical question.  Rather, it’s upgrading humanity’s appreciation for a general philosophy around “classical republicanism”.  An understanding of this context will ease the challenge of knowing whether a politically offered solution deserves support, or – as in the case of the Constitution – opposition.  Hindsight is 20-20, but as the 19th-century anarchist-libertarian scholar Lysander Spooner wrote, “the Constitution …either authorized such a government as we have had or has been powerless to prevent it.” 

The host of the Legalese Podcast and author of the Constitutional Law Substack page, Mr. Fiedler wrote the book, Constitutional Sleight Of Hand, which talks about the Constitution’s implied powers doctrine.