The Extension and Intension of the Constitution

We must begin this discussion with the definition of the words in the title:
"The intension of a concept consists of the qualities or properties which go to make up the concept. The extension of a concept consists of the things which fall under the concept; or, according to another definition, the extension of a concept consists of the concepts which are subsumed under it (determine subclasses)" source 

The intension of the Constitution is, therefore, the qualities or properties which go to make up the concept. What is the concept? It is supremely simple, and in two parts: the first quality is that of a government more able to deal with national problems than the Articles of Confederation allowed for; and the second property was to make a government less able to violate the rights of minorities. The second quality was the biggest intensional concern of James Madison, Patrick Henry and others, and it is the one that has seen its extensions go awry, since the era of the New Deal.

The extensional parts are the subclasses of the intensions; they are the things which 'fall under' the concept(s). Article 1, Section 2 explaining the composition of the Congress, is therefore an extension of Section 1, explaining that there shall be a Senate and a House.

"The Constitution does not give you rights," explains the Constitutionality Crisis. "The founders considered your rights to be 'God-given' or 'natural rights' — you are born with all your rights. The constitution does, however, protect your rights by:

• Limiting the powers of government by granting to it only those specific powers that are listed in the Constitution; (This has not proven to be effective of late.)
• Enumerating certain, specific rights which you retain. These are listed in the Bill of Rights." [emphasis in original]

The Constitution, in turn, is an extension of John Locke's famous intensional statement about the state of nature specifically, that it "has a Law of Nature to govern it, which obliges every one: And Reason, which is that Law, teaches all Mankind, who will but consult it, that being all equal and independent, no one ought to harm another in his Life, Health, Liberty, or Possessions. [John Locke, The Second Treatise of Civil Government, §6] [emphasis in original]

But more than that, our coveted Bill of Rights are the extensions of the entire concept for the limitation of the powers of government, and the empowerment of the individual. "The whole of the Bill is a declaration of the right of the people at large or considered as individuals…It establishes some rights of the individual as unalienable and which consequently, no majority has the right to deprive them of." –Albert Gallatin, 1789, New York Historical Society

The original statements of the Founders give us their intent for ratifying the words they used. Why did they say this, and say it that way instead of the other way or another way? But epistemological intension is like a definition of a genus, whereas extension is like the definition of a species. The genus of the Constitution is that of a document never seen before then, one that had two part, the way 'man' is defined as 'rational animal'. The two parts are to be an enabler of individualism, and a limiter of government.

Madison warned us of wrongful extensions of the limited powers given to government, and named many that we see today. Congress might, he said, "establish teachers in every state, county, and parish, and pay them out of the public treasury; they may take into their own hands the education of children, establishing in like manner schools throughout the union, they may assume the provision for the poor; they may undertake the regulation of all roads other than post roads; in short, every thing from the highest object of state legislation, down to the most minute object of police, would be thrown under the power of Congress [ ] and might be called, if Congress pleased, provisions for the general welfare."

These things are so commonplace that we do not even think about some of them as being usurpations by the nation upon the powers of the States; or worse, usurpations on your individual sovereignty, which was a commonly held extension of the purpose of the limitation on government.

Next Friday I will examine some others in detail.

© Curtis Edward Clark 2012

What is "Individual Sovereignty"?

A couple of times I have been verbally assaulted in emails by people who claimed that only nations had "sovereignty". Apparently they have never heard of "popular sovereignty", a concept dating back to the middle of the 17th century, formulated as part of social contracts. "Popular" sovereignty is no more of a nation than "individual" sovereignty is.

John Locke, as Hobbes before him, claimed that social contracts were unbreakable. He stipulated however that if the legislatures did not work for the good of the citizens, they could replace the legislature.

"Popular sovereignty," therefore, becomes "the notion that no law or rule is legitimate unless it rests directly or indirectly on the consent of the individuals concerned."
http://www.basiclaw.net/Principles/Popular%20sovereignty.htm

Thomas Jefferson and others wondered how individuals could consent to give to a social contract powers they themselves did not have to begin with. We cannot give bread to a food bank if we don't have bread; how can we give consent to others to make rules for us if we don't have the original power to make rules for ourselves? They therefore concluded that individuals did, indeed, have such natural rights that only individual sovereignty could morally defend.

""Natural rights [are] the objects for the protection of which society is formed and municipal laws established." -Thomas Jefferson, letter to James Monroe, 1791

But, "Individual sovereignty was not a peculiar conceit of Thomas Jefferson: It was the common assumption of the day..." Joseph J. Ellis

"And thus, [ascertained to him by natural and eternal equity,] every man is sole lord and arbiter of his own private actions and property--a character of which no man living can divest him but by usurpation, or his own consent. -John Trenchard, January 20,1721 The Freeman 

"The relationships between federalist political structure and the sovereignty of the individual must be carefully examined..." James M. Buchanan

In contrast to the Articles of Confederation, in which the sovereignty of the States, not all of which followed the rule of "natural rights", formed the United States, it was the sovereign people who created the United States under the Constitution. And the people were sovereign in their individual, not collective, capacities. The Ninth and Tenth Amendments saw to that.

"Legislation for communities, as contradistinguished from individuals," Hamilton wrote with Madison in Federalist No. 20, "is subversive of the order and ends of civil polity."

It even comes to us from the Czeck Republic's first President, Václav Havel: ""The sovereignty of the community, the region, the nation, the state--any higher sovereignty, in fact--makes sense only if it is derived from the one genuine sovereignty, that is, from human sovereignty, which finds its political expression in civic sovereignty." Cato Journal

Elizabeth Price Foley, wrote that the U.S. was created on two “foundational principles”, limited government and individual sovereignty.

No individual can willingly give to the "common sovereignty" what he himself does not already possess. This brings many questions to mind concerning taxation, the use of military and police force, etc. But those belong in another debate, and they can be rectified where they are wrong, to respect common or popular sovereignty, and often individual sovereignty.

© FAMN LLC (MI)