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  1. #1
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    Default Legal Theory and Politics: Private Social Contracts and the Constitution

    Legal theory and politics. Private social contracts and the constution.

    Private social contracts (that may result in employment), can be considered an individual power and a private property right, that is guaranteed by the Ninth Amendment; in our Bill of Rights. From this perspective, the federal government has no enumerated authority to deny or disparage the private property right of individuals to create or dissolve private social contracts; including, those that may result in employment or discharge of an individual.

    Article 1, Section 10 of the federal constitution; specifically denies the power to impair in the the obligation of contracts, to the governments of the several states. From this perspective, the several states have no US constitutional authority to impair, otherwise lawful private social contracts between private individuals, even if it results in an employment contract, or its dissolution.

    From the point of view of the Ninth and Tenth Amendments, at-will forms of employment can be considered a private property right between individuals, and a state's right to protect that form of contractual obligation.

    Article 1, Section 8 of the constitution, specifically authorizes our federal congress to provide for the general Welfare of the United States. From this perspective, providing for the general welfare, could be accomplished by correcting for market inefficiencies that are conducive to forms of poverty that are related to frictional unemployment. At-will unemployment compensation could help provide for the general Welfare by improving the efficiency of the labor market; thus, improving the general Welfare of all market participants in the US market for labor.

  2. #2
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    Default Re: Legal theory and politics: Private social contracts and the constution.

    Don't you ever quit?

    Take your games somewhere else. We're not interested.

  3. #3
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    Default Re: Legal theory and politics: Private social contracts and the constution.

    You mean, how dare the government stop employers from firing people any time they choose, and imposing ridiculous requirements on employers like "unemployment insurance" and "worker's compensation", or allowing workers to unionize and engage in collective bargaining?

  4. #4
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    Default Re: Legal theory and politics: Private social contracts and the constution.

    Quote Quoting cbg
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    Don't you ever quit?

    Take your games somewhere else. We're not interested.
    You mean you aren't interested in legal theory and politics, or private social contracts and obligations?

  5. #5
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    Default Re: Legal theory and politics: Private social contracts and the constution.

    Quote Quoting Mr. Knowitall
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    You mean, how dare the government stop employers from firing people any time they choose, and imposing ridiculous requirements on employers like "unemployment insurance" and "worker's compensation", or allowing workers to unionize and engage in collective bargaining?
    I mean, where in the US Constitution, is the specifically enumerated authority of the federal government to deny or disparage a private individual's Ninth Amendment right to create or dissolve a private social contract, even if a contractual obligation results from such a contract?

  6. #6
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    Default Re: Legal theory and politics: Private social contracts and the constution.

    I mean that I'm not interested in your cockamamie theories.

  7. #7
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    Default Re: Legal theory and politics: Private social contracts and the constution.

    Quote Quoting cbg
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    I mean that I'm not interested in your cockamamie theories.
    I am merely quoting the constitution. What part of Article 1, Section 8, the Ninth and Tenth Amendments, and a constitutional interpretation that conforms the theory of supply and demand; ostensibly, for the public good, do you find objectionable?

  8. #8
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    Default Re: Legal Theory and Politics: Private Social Contracts and the Constution

    Quote Quoting danielpalos
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    Legal theory and politics. Private social contracts and the constution.

    Private social contracts (that may result in employment), can be considered an individual power and a private property right, that is guaranteed by the Ninth Amendment; in our Bill of Rights. From this perspective, the federal government has no enumerated authority to deny or disparage the private property right of individuals to create or dissolve private social contracts; including, those that may result in employment or discharge of an individual.

    Article 1, Section 10 of the federal constitution; specifically denies the power to impair in the the obligation of contracts, to the governments of the several states. From this perspective, the several states have no US constitutional authority to impair, otherwise lawful private social contracts between private individuals, even if it results in an employment contract, or its dissolution.

    From the point of view of the Ninth and Tenth Amendments, at-will forms of employment can be considered a private property right between individuals, and a state's right to protect that form of contractual obligation.

    Article 1, Section 8 of the constitution, specifically authorizes our federal congress to provide for the general Welfare of the United States. From this perspective, providing for the general welfare, could be accomplished by correcting for market inefficiencies that are conducive to forms of poverty that are related to frictional unemployment. At-will unemployment compensation could help provide for the general Welfare by improving the efficiency of the labor market; thus, improving the general Welfare of all market participants in the US market for labor.
    I don't suppose you can break this gobbledygook down to where a judge could understand it, can you?

    If you can't explain something to a sixth grader, you don't understand it yourself.

    So...I don't know if I agree with you or not!

  9. #9
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    Default Re: Legal Theory and Politics: Private Social Contracts and the Constution

    From my perspective, an individual has the power and the right (from 9A) to create private social contracts with other private individuals. It is understood that obligations may arise from some forms of contracts (e.g. employment).

    In this sense, social contracts that result in employment, may be considered an individual liberty (and a form of private property right) retained by the people and guaranteed by the Ninth Amendment.

    Article 1, Section 10 of the federal constitution; specifically denies the power to impair in the the obligation of contracts, to the governments of the several states.

    From this perspective, the several states have no US constitutional authority to impair, otherwise lawful private social contracts between private individuals, even if it results in an employment contract, or its dissolution.

    From the point of view of the Ninth and Tenth Amendments, at-will forms of employment can be considered a private property right between individuals; and considered a state's right to protect that form of contractual obligation, if it exists.

    Article 1, Section 8 of the constitution, specifically authorizes our federal congress to provide for the general Welfare of the United States.

    From this perspective, providing for the general welfare, could be accomplished by correcting for market inefficiencies that are conducive to forms of poverty that are related to frictional unemployment. Creating more efficient markets could be considered a form of infrastructure development and a form of public good.

    At-will unemployment compensation could help provide for the general Welfare by (the public sector) improving the efficiency of the labor market by competing with the private sector; thus, improving the general Welfare of all market participants in the US market for labor.

  10. #10
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    Default Re: Legal Theory and Politics: Private Social Contracts and the Constution

    Quote Quoting danielpalos
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    At-will unemployment compensation could help provide for the general Welfare by (the public sector) improving the efficiency of the labor market by competing with the private sector; thus, improving the general Welfare of all market participants in the US market for labor.

    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!

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