Page 2 of 8 FirstFirst 1 2 3 4 ... LastLast
Results 11 to 20 of 77
  1. #11
    Join Date
    Jul 2007
    Posts
    492

    Default Re: Legal Theory and Politics: Private Social Contracts and the Constution

    Quote Quoting jk
    View Post
    Time for a new round of ideas daniel. This one was beat to death last time and you convinced nobody....

    and it is still a load of hooey!


    Why is it so hard to convince people who may have sworn an oath to protect and defend the constitution of our glorious republic; if all I presented were quotes from the constitution and an economic perspective.

    What if the perception of providing for the general Welfare (as a form of public good) of the United States were considered a ethically, legally, and morally acceptable petition to Government for redress of specific grievances?

  2. #12
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Legal Theory and Politics: Private Social Contracts and the Constution

    Quote Quoting danielpalos
    View Post
    Why is it so hard to convince people who may have sworn an oath to protect and defend the constitution of our glorious republic; if all I presented were quotes from the constitution and an economic perspective.

    What if the perception of providing for the general Welfare (as a form of public good) of the United States were considered a ethically, legally, and morally acceptable petition to Government for redress of specific grievances?
    I have never sworn any oath to defend our constitution, our country, or really anything at all. The only swearing going on around my house is when my wife makes the remote disappear.

    This was not an acceptable idea last time and it is still not an acceptable idea (at least to me). I have seen no others on this site in support of it either.

    Why must you continue? Watching you do this is like that video where the karate master is trying to break the bat. He keeps hitting it and hitting it and it will simply not break. Does he give up? Not a chance. He continues to show he is not capable of breaking the bat, just the same as you continue to show you cannot convince anybody to see things your way. It's sad, yet for some disturbed reason, amusing.

  3. #13
    Join Date
    Aug 2007
    Posts
    3,835

    Default Re: Legal Theory and Politics: Private Social Contracts and the Constution

    The USSC has ruled there is NO 14th AM property interest right in employment of an at will government employee, so it stands to reason, a private citizen has none also.



    http://supreme.justia.com/us/426/341/index.html

  4. #14
    Join Date
    Jul 2007
    Posts
    492

    Default Re: Legal Theory and Politics: Private Social Contracts and the Constution

    Quote Quoting jk
    View Post
    I have never sworn any oath to defend our constitution, our country, or really anything at all. The only swearing going on around my house is when my wife makes the remote disappear.

    This was not an acceptable idea last time and it is still not an acceptable idea (at least to me). I have seen no others on this site in support of it either.

    Why must you continue? Watching you do this is like that video where the karate master is trying to break the bat. He keeps hitting it and hitting it and it will simply not break. Does he give up? Not a chance. He continues to show he is not capable of breaking the bat, just the same as you continue to show you cannot convince anybody to see things your way. It's sad, yet for some disturbed reason, amusing.
    What is your opinion on the ethical, legal, and moral aspects of this line of reasoning? In other words, how can it be considered more ethical, legal, or moral; to engage in our socialized wars on drugs and terror, if those powers are not specifically enumerated to the federal government, than public policy that is specifically enumerated in our constitution?

    Our constitution is the basis for our legal system. Why do you advocate a warfare-state economic model, when an economic model that provides for the general welfare-state, is specifically enumerated in our constitution?

  5. #15
    Join Date
    Jul 2007
    Posts
    492

    Default Re: Legal Theory and Politics: Private Social Contracts and the Constution

    Quote Quoting BOR
    View Post
    The USSC has ruled there is NO 14th AM property interest right in employment of an at will government employee, so it stands to reason, a private citizen has none also.



    http://supreme.justia.com/us/426/341/index.html
    That case involved a public employee, and is not a truer form of private contract or obligation (as a form of property) between private individuals.

  6. #16
    Join Date
    Aug 2007
    Posts
    3,835

    Default Re: Legal Theory and Politics: Private Social Contracts and the Constution

    Quote Quoting danielpalos
    View Post
    That case involved a public employee, and is not a truer form of private contract or obligation (as a form of property) between private individuals.

    No state high court has ruled that a private citizen is entitled to employment as a constitutional property interest either.

    Of course I am not talking about organized labor, which is overseen by the NLRB and subject to Constitutional scrutiny.

  7. #17
    Join Date
    Jul 2007
    Posts
    492

    Default Re: Legal Theory and Politics: Private Social Contracts and the Constution

    Why would any state rule that a private citizen is entitled to employment, in a state with at-will employment laws, and a mixed market economy? That suggestion would be typical of truer forms of command economies.

    My argument, is that the constitution does not enumerate any power of the federal government; to deny or disparage private social transactions, between private individuals, that may result in an employment contract.

    In other words, what specific power is granted to the federal government; that would nullify the authority of the Ninth Amendment and a form of pursuing happiness (even if only in the form of a private profit motive); that results in a contract and obligation of an employment relationship between those private individuals.

    It is also my contention, that the states are specifically denied and disparaged the power to impair in the obligation of contracts between private individuals exercising their Ninth Amendment right to pursue happiness, even if it involves a social transaction that results in employment and the obligation of that contract.

    Your focus on guaranteed employment is too narrow. A truer form of providing for the general Welfare, would be to encourage at-will forms of unemployment compensation, in states that have at-will employment laws.

    The public sector is already responsible for official weights and measures. Simple metrics can be used to determine and correct for inefficiencies in market for labor. Correcting some market inefficiencies can have the result of improving standards of living for the market participants involved (e.g. the US market for labor).

    From this perspective such public sector interference in the markets can be done for the public good, and considered a form of infrastructure development that provides for the general Welfare of the populace of the United States.

  8. #18
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Legal Theory and Politics: Private Social Contracts and the Constution

    Maybe if you would state your position clearly, rather than digressing into issues of constitutional law which are well outside of your understanding, we would be able to figure out what you think you are talking about.

  9. #19
    Join Date
    Jul 2007
    Posts
    492

    Default Re: Legal Theory and Politics: Private Social Contracts and the Constution

    You are always welcome to your opinion, even if it is based on fallacies.

    I would be happy to hear a cogent rebuttal to the implied premise: In other words, what specific power is granted to the federal government; that would nullify the authority of the Ninth Amendment and a form of pursuing happiness (even if only in the form of a private profit motive); that results in a contract and obligation of an employment relationship between those private individuals.

  10. #20
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Legal Theory and Politics: Private Social Contracts and the Constution

    Quote Quoting danielpalos
    View Post
    You are always welcome to your opinion, even if it is based on fallacies.

    I would be happy to hear a cogent rebuttal to the implied premise: In other words, what specific power is granted to the federal government; that would nullify the authority of the Ninth Amendment and a form of pursuing happiness (even if only in the form of a private profit motive); that results in a contract and obligation of an employment relationship between those private individuals.
    can you tell me where this is in practice? and what does this have to do with unemployment payments at will?

    Your ramblings are nearly incoherent.

    1. Sponsored Links
       

Page 2 of 8 FirstFirst 1 2 3 4 ... LastLast

Similar Threads

  1. Legal Theory And Politics: Is Dan A Virgin?
    By blueeagle in forum Banter
    Replies: 2
    Last Post: 04-18-2008, 12:59 AM
  2. Legal theory and politics: At-will employment doctrine.
    By danielpalos in forum Debate the Issues
    Replies: 23
    Last Post: 10-03-2007, 10:49 AM
  3. Legal theory and politics: The Militia and States Rights.
    By danielpalos in forum Debate the Issues
    Replies: 55
    Last Post: 09-24-2007, 08:51 AM
  4. Legal theory and politics: The HSA
    By danielpalos in forum Debate the Issues
    Replies: 19
    Last Post: 08-23-2007, 05:34 PM
  5. Unemployment Benefits: Legal Theory and Politics: At-Will Unemployment Compensation
    By danielpalos in forum Employment and Labor
    Replies: 43
    Last Post: 08-01-2007, 11:28 PM
 
 
Sponsored Links

Legal Help, Information and Resources