Wednesday, September 16, 2026

On This Constitution Day, Remember the Declaration of Independence

239 years ago, on September 17, 1787, the Constitutional Convention ended and the Constitution of the United States of America was signed. This day is officially known as Constitution Day.


It was also an occasion for one columnist to declare that the US Constitution is "broken." The New Jersey Star-Ledger's Tom Moran wrote five years ago:


Kids in America are taught to venerate the Constitution, almost as if it were the word of God.


And that’s exactly what Thomas Jefferson feared. He believed it was flawed, that experience would teach each generation new lessons and that it should be redone every 19 years.


But Jefferson lost the argument. And so the Founders signed a Constitution  225 [235] years ago tomorrow that is an impregnable fortress, firmly set against the forces of change that Jefferson welcomed and almost impossible to amend.


Does that make sense? Haven’t we learned valuable lessons over the past few centuries about how democracies thrive, and how they stagnate? In a day when our federal government is so dysfunctional, shouldn't we at least consider fundamental changes?


University of Texas Professor Sanford Levinson is advocating a series of such fundamental changes to the US Constitution, which Moran discusses in his column. Levinson's proposals include instituting a direct popular vote for president and measures to greatly weaken the checks and balances that limit the power of any one branch of government. In essence, Levinson's purpose, according to Moran, is to expand the power of majority rule and break Washington's political "gridlock," which has made our federal government "dysfunctional."


Moran approvingly cites Thomas Jefferson who, as Moran strongly implies, would welcome these constitutional changes, or any changes suited to any generation.


Before we discuss ways to expand the power of electoral majority rule so as to enable the government to get more "done", we need to have a conversation to reiterate what the government's proper job is to do.


The American constitution's basic function is to limit the government's power to the protection of individual rights. This is spelled out in the Declaration of Independence, the philosophical blueprint for the constitution. Any discussion about the constitution has to begin with the Declaration--which, incidentally, was written by Thomas Jefferson:


We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.--That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed. . .


In its essentials, this 55 word statement of proper government says:


  • All men are born equal in moral agency to self-govern their own lives without interference from other men.

  • Each individual has rights to secure his freedom to exercise moral agency.

  • Rights belong inextricably to the individual by virtue of his nature as a human being.

  • Rights are held equally and at all times by all people.

  • Rights are guarantees to freedom of action; to the pursuit of happiness, not to happiness guaranteed by the labor or wealth of others.

  • "Among these rights" includes the right to acquire, use, and dispose of property, as was widely understood by the Founding Generation and which makes logical sense, since property is inextricably linked to life and the pursuit of happiness, without which no other rights are practicable.

  • Rights precede government.

  • Government is created exclusively to “secure”—i.e., protect—rights, not to grant them by legislative decree.

  • Government’s “just powers” being authorized by the people, through a popular vote.

  • “Just powers” being those powers, and only those powers, required for the government to fulfill the purpose for which it was created to begin with—to legally protect the people’s unalienable individual rights to life, liberty, and pursuit of happiness.


Of course, this is not the "Word of God," to be accepted uncritically. Each of these points requires extensive philosophical backup. None of these "truths" are automatically "self-evident." They must be learned and validated scientifically; i.e., morally and philosophically, as determined by the observable facts of reality concerning man and his requirements for survival and flourishing. But these are the essentials, as I see it.


The Founders did not intend to create a democracy, despite Moran's devious attempt to smuggle in that premise. They created a constitutionally limited republic protective of the liberty and rights of the individual, under which the constitution "carefully limits the power of the majority by drawing a legal boundary around it" (P. 113)—a boundary that stops the majority and elected officials' power where individual rights begin. The Founders understood that the government presupposes individual rights. So the constitutional discussion must begin with the questions: What are rights, and what is the proper function of government?


As the Declaration states, every individual is "endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness." Since productive work is the only means of sustaining one's life and achieving happiness, it's obvious that the Founders understood--including in Jefferson's own words--that property rights are among those rights. The Declaration then states "That to secure these rights, Governments are instituted among Men." Rights—which in fact are not endowments by either nature or God but moral principles derived from observations and facts about human nature—are sanctions to freedom of action in a social context, not a claim on the lives and property of others or a government guarantee of material well-being and happiness. Notice that the constitution does not authorize the government to redistribute private wealth. Forced redistribution of wealth or income would relegate some people to privilege and others to involuntary servitude, which would violate the principle of equality.


Moran is wrong. America hasn't stagnated. It has "progressed" from what was a largely free country a century ago to a burgeoning regulatory welfare state—a dangerous regressionary trend unsupported by constitutional authority. Why? Because the fundamental principles upon which the constitution rests have been largely abandoned, opening the door to the piecemeal progression toward unlimited majoritarian rule, a manifestation of totalitarianism. Consequently, our best short-term protection against further encroachments on individual rights--and it's a weak protection--is political gridlock. I can't think of anything more dangerous to America's future than to begin tampering with the basics of the constitution in today's cultural environment. Before we consider unshackling majority rule, we must rediscover our Founding principles, roll back the regulatory welfare state, and provide ironclad guarantees that no one's rights be alienated by majority vote; i.e., respect the original intent of the constitution.


The Founders did not intend to replace absolute monarchy with absolute majority rule unconstrained by the principle of individual rights. As Benjamin Martin (Mel Gibson) asked during a debate over the propriety of the Revolutionary War in the movie "The Patriot", "Why should I trade one tyrant 3000 miles away for 3000 tyrants one mile away? An elected legislature can trample a man's rights as easily as a king can."


The answer: We shouldn't. As Jefferson said, "the majority, oppressing an individual, is guilty of a crime, abuses its strength, and by acting on the law of the strongest breaks up the foundations of society." The Founders were not primarily concerned with giving the people the right to vote. They intended to liberate the people from predatory government, whether monarchistic, theocratic, socialist, or democratic.


There are those who would invert the original concept of Americanism—that the individual is sovereign and his life belongs to him—and replace it with the idea that the collective—i.e., the state—is sovereign over the individual. It is an attempted transition from republican constitutionalism to democracy; from individualism to collectivism. We cannot let the counter-revolutionary reactionaries succeed. The fight to defeat the reactionaries and restore and renew Americanism can start with this: As we celebrate Constitution Day, remember what I call the Constitution’s philosophic blueprint, or what has also been called the Conscience of the Constitution—the Declaration of Independence.


Related Reading:


The Philosophy that Framed the Constitution: The US Constitution: political football, romantic relic, or something more? By Dan Sanchez for FEE


The Federalist Papers by Alexander Hamilton, James Madison, and John Jay 


America the Undemocratic


On a Revisionist's Proposal to Upend the Declaration of Independence


Atlas Shrugged: America’s Second Declaration of Independence—Onkar Ghate


The Declaration of Independence


The Conscience of the Constitution: The Declaration of Independence and the Right to Liberty—Timothy Sandefur


Constitutional Ignorance Led to a Tyranny of the Majority—Gary M. Galles


July 4, 1776: 'Words that Will Never Be Erased'


Tuesday, September 8, 2026

What the Democrats’ Reactionary Views on Voting Actually Mean

The Democrats appear poised to win control of one or both houses of Congress. So it’s a good time to revisit the Democrats' reactionary designs on our electoral process, especially now that their party is increasingly captured by the radically counter-Enlightenment, Marxist-oriented anti-American Democratic Socialists of America, whose agenda includes totalitarian Democracy fundamentalism. 


In a leadup to Martin Luther King Jr. day, 2022, President Joe Biden gave a rousing speech in Georgia pushing his party’s so-called Freedom to Vote: John R. Lewis Act,* which combines the Freedom to Vote Act and the John R. Lewis Voting Rights Advancement Act. But this was no mere campaign-style speech. Biden dove right into the thick of political philosophy, reaching straight back to the Founding of America. In doing so, Biden clearly and explicitly exposed the reactionary premises of the Democratic Party.


After falsely claiming voting rights across America as under threat from laws like Georgia’s new voting law as, Biden’s philosophic treason comes into full view:


The filibuster has been weaponized and abused.


Today I’m making it clear: To protect our democracy, I support changing the Senate rules, whichever way they need to be changed — (applause) — to prevent a minority of senators from blocking action on voting rights.  (Applause.)  


When it comes to protecting majority rule in America, the majority should rule in the United States Senate.  


I make this announcement with careful deliberation, recognizing the fundamental right to vote is the right from which all other rights flow. [My emphasis]


This is nothing short of a repudiation of America and its Enlightenment roots. The Declaration of Independence states clearly, in these “magnificent words” as per Doctor Martin Luther King Jr., 


We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.--That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed . . . [my emphasis]


This is not mere rhetorical flourish. America has never been about majority rule. The idea of unalienable Rights and the government’s sole purpose to “to secure these rights” is deeply rooted in Enlightenment philosophy, led by John Locke, embraced by America’s Founding Fathers, and ultimately, clarified and solidified by 20th Century philosopher Ayn Rand. The principle of individual rights is derived from man’s individual nature as a rational being, and precedes government. The truth is the exact opposite of Biden’s reactionary formulation: Man’s  fundamental inalienable rights to Life, Liberty and the pursuit of Happiness are the rights from which all other rights—including the right to vote—flow.


After railing against Trump and his supporters for attempting to commandeer “the kind of power you see in totalitarian states, not in democracies,” Biden announces that rights are privileges granted by government, a foundational power of totalitarian states. This is not a power of constitutional republics such as, in its Founding ideals—the very same ideals drawn on by King in support of his Civil Rights Movement—the United States of America!


So what does it mean, in practice, when “the fundamental right to vote is the right from which all other rights flow?” It means majority rule. Mob rule. When rights flow from the right to vote, then all rights flow from the government—and the flow goes both ways.


  • It means the “rights” of majorities to vote minorities into slavery, which was a plank of the antebellum Democratic Party. 

  • It means the “rights” of majorities, or the majority’s elected representatives, to force unwilling citizens to fund political campaigns. 

  • It means the power to vote in governments to grant “rights” to material benefits, such as healthcare or education, that take away the rights of the citizens who are forced to provide and/or fund them—selectively, as in the regulatory welfare state, or across the board, as in a fully socialist country

  • It means the “right” of voters to install sharia law, violating the right to freedom of religion.

  • It means that Jim Crow laws were legitimate, democratically legitimate. Those laws were established by elected representatives--and, for a time upheld by the courts.

  • It means endorsing the U.S. Supreme Court’s ruling in Dobbs v. Jackson Women's Health Organization overturning Roe v. Wade because it made a women’s right to abortion a matter of democratic vote rather than inalienable. 


That’s exactly the evil that the Founders abolished. When the British government began systematically to take away the colonists’ “rights of Englishmen,” the Founders realized that there must be a firmer foundation for rights than the benevolent whims (or lack of) of a King or other ruling authority, including the rule of elected legislatures. They found that firm foundation for the preservation of their rights in the theory of natural rights, a product of The Enlightenment; the theory that man by his very nature, and his relationship to broader nature, requires the freedom to take the actions necessary for the furtherance of his life, secured by, in the words of John Locke, inalienable individual rights.  


The Democratic Party, along with the Confederate intellectuals, rejected those principles by radically reinterpreting the Founding of America as a Democracy, not a constitutional republic. The Democrats haven’t changed their stripes. They claimed rights were grants of state authority, derived from the vote, rather than from the laws of nature, and their elected governments deprived blacks their rights—The fundamental right to vote is the right from which all other rights flow--or not flow, as elected representatives deemed to declare. Today, on Democratic Party reactionary premises, an entire country can be voted into socialist slavery. The Democratic Party has Democratic Socialists embedded within. Venezuela elected and re-elected socialist leaders Chavez and Madura, and rights were systematically stripped away--voted away--turning Venezuela into an unfree, impoverished basket case. 


That’s what you get when you declare that rights come from the state--that the fundamental right to vote is the right from which all other rights flow. As we can clearly see in theory and in practice, a government from which rights flow is also a government from which rights can recede. Biden has it backwards. In fact, in a Democracy as conceived by Biden, the right to vote is the “right” that puts all other rights at risk.


Then came the final outrage of Biden’s philosophic treason. Biden framed the debate over his Freedom to Vote: John R. Lewis Act in apocalyptic demagoguery—as a choice of democracy over autocracy, light over shadows, justice over injustice; as a choice for or against voter suppression, election subversion, and democracy. With a straight face, Biden dropped the hammer on opponents:


So, I ask every elected official in America: How do you want to be remembered? 


At consequential moments in history, they present a choice: Do you want to be the si- — on the side of Dr. King or George Wallace?  Do you want to be on the side of John Lewis or Bull Connor?  Do you want to be on the side of Abraham Lincoln or Jefferson Davis?


It was the Confederate intelligentsia that repudiated the ideal of inalienable individual rights, or natural rights theory, and reconceived America as a Democracy under which all rights flow from government—to protect their slavocracy. Who, then, is siding with the president of the slaveholding Confederacy, Jefferson Davis? Biden’s belief that “the fundamental right to vote is the right from which all other rights flow,” a principle upon which his Justice Department is basing its lawsuit against the state of Georgia over that state’s new election law, dovetails seamlessly with the philosophy of the Slave Power centered in Confederate States of America and its Democratic Party allies. 


To Joe Biden and the Democratic Party, election to political office in America is not an honorable job that entails doing the legal work of securing the fundamental rights to life, liberty, property, and the pursuit of happiness of its citizens. To today’s democratic socialist Democrats, like the antebellum Democrats and the Jim Crow Democrats and the welfare state Democrats, getting elected to political office is a license for totalitarian power—to the extent they can get away with it—to do the work of deciding what rights are, who gets them, who doesn’t, and to enforce those “rights” through legal coercion. While pretending to be on the side of mid-twentieth century civil rights crusaders, Biden is actually on the opposite side philosophically. Whereas Martin Luther King Jr., for all of his mixed and inconsistent politics, was squarely on the side of the Founding principles. Joe Biden has chosen the opposite side. 


In case you think this is hyperbole, consider that Biden’s view is precisely affirmed by his own Justice Department under Attorney General Merrick Garland, and by his Vice President, Kamala Harris, during her presidential candidacy. Since philosophy is the primary engine of history, who, then, is the real Protégé of Jefferson Davis? Add to this the fact that, as political scholar Michael Barone reminds us, “George Wallace, Bull Connor, and Jefferson Davis were all partisan Democrats.” 


There is plenty more that is bad about the Democrats’ attempt to enact their election reforms. I covered the bad elements in my post HR-1 is An Assault on Free Speech, Property Rights, Freedom of Conscience, and Privacy. Some version of the Democrats’ “Voting Rights” bill has been kicking around Congress for years. For now, it remains stalled. Let’s hope it never becomes law, and fight to kill it.


* (This bill remains stalled in Congress.)


Related Reading:


HR-1 is An Assault on Free Speech, Property Rights, Freedom of Conscience, and Privacy


The Democrats’ Anti-Free Speech Bill HR-1—the ‘For the People Act’—is Still a Threat


The Dangerous Totalitarian Premise Underpinning the Justice Department’s Suit Against Georgia’s New Election Law


Harris's Unchanged anti-American Values


Voting Rights are Not the ‘Most Fundamental Right’—or Even a Fundamental Right. 


The Conscience of the Constitution: The Declaration of Independence and the Right to Liberty—Timothy Sandefur


America; Democracy or Republic or Both--Why it Matters


Understanding the Role of the Senate Filibuster


Jesse Jackson’s Big Lie: ‘American Democracy is Under Siege’


A New Textbook of Americanism: The Politics of Ayn Rand edited by Jonathan Hoenig


Saturday, September 5, 2026

This Labor Day, Celebrate Intellectual Labor

 The United States Department of Labor, speaking on The History of Labor Day, had this to say on its website:


Some records show that Peter J. McGuire, general secretary of the Brotherhood of Carpenters and Joiners and a cofounder of the American Federation of Labor, was first in suggesting a day to honor those “who from rude nature have delved and carved all the grandeur we behold.”


Really? There is no doubt about what is meant here. McGuire was referring to people who “work with their hands”. Is that what built America? Physical labor has existed since time immemorial. What changed in the last two hundred + years that suddenly endowed the American worker with the means to produce “all the grandeur we behold” out of raw, “rude” nature? (Note the word “all”).


The American worker has, indeed, contributed significantly to the American Economic juggernaut. But, it was not because of his labor, as such. It was because of his intellectual mastery of the theoretical and material tools of production provided to him that vastly increased the value of his labor.


Physical labor, as such, has very little value. Slaves can perform it. So can mules pulling hand plows.


Consider my trade, plumbing. If my job is fundamentally physical labor, then any able-bodied person off of the street can wander onto any construction job site and robotically perform the task of installing plumbing systems. He can simply be told: “Run this pipe from here to there”, and it will get done. He has the same muscles and bones, nerves and guts that I have, after all.


That, of course, could never be the case. Performing my task (or any construction trade) requires reliance on previously acquired theoretical knowledge, on-the-job apprenticeship training, the mastery of the tools, materials, and procedures of the trade, and years of learning experience. This is to say nothing of the continuing education that new materials and technologies require of me.


My job is knowledge-based. All modern jobs are, to varying extent. How did that knowledge become imbued in my brain? - by my choice to expend the intellectual effort to acquire it. Even the muscular physical motions my job requires had to be learned by a conscious mental effort that led to the appropriate neurological connections.


Do you still think mere physical labor built this country?


The idea that a laborer “works with his hands” is only superficially true. What directs the motions of his hands? It is his focussed, reasoning mind – if he is a motivated worker who strives to be the best that he can be at his chosen occupation. If not, then that worker is a mere drone.


And that gets directly to the point. The celebration of “labor” as a holiday implies that mindless worker. Labor Day ignores the intellectual root of modern, productive labor. It ignores the intellectual labor of the inventor and entrepreneur that created the worker’s job—and the workers' tools and processes—to begin with, and the intellectual labor that the competent worker must expend to learn to perform his job.


Human knowledge is fleeting, but for the grace of those who came before us and chose to acquire it and pass it on. Knowledge can not be passed on from person to person or generation to generation innately. No one is born with previously discovered knowledge, but rather with a mind that is tabula rasa – a blank slate. To celebrate “all the grandeur we behold”, it is to the discoverer and the acquirers of knowledge that we must pay initial gratitude to. The worker, by learning the skills he needs to perform his job, plays his role in keeping that knowledge train going.


This does not, however, mean that labor is inconsequential. Theoretical knowledge in and of itself has little value, unless and until it is placed into the service of man’s living requirements. The process of turning knowledge into the material values humans need to live and to flourish is dependent upon the contributions of many economic players. The value of each player’s contribution to this productive process varies and is dependent upon many factors. But all through that process – from the discoverer of new knowledge to the final material product put together by the worker – the value added represents, at root, the application of the mind.


“[W]hen you live in a rational society, where men are free to trade, you receive an incalculable bonus: the material value of your work is determined not only by your effort, but by the effort of the best productive minds who exist in the world around you.


“When you work in a modern factory, you are paid, not only for your labor, but for all the productive genius which has made that factory possible: for the work of the industrialist who built it, for the work of the investor who saved the money to risk on the untried and the new, for the work of the engineer who designed the machines of which you are pushing the levers, for the work of the inventor who created the product which you spend your time on making, for the work of the scientist who discovered the laws that went into the making of that product, for the work of the philosopher who taught men how to think…” (Page 1064)


Labor Day, according to the DOL, was created in 1882. That was the heyday of Karl Marx’s rise to prominence among the American intellectual elite. Marx was the theoretician of “Dialectical Materialism”, the idea that man’s consciousness – his spirit, his intellect, ability, and logic – plays at best a minimal role in the production process. Human beings, according to Marx, are conditioned by the physical world around them, including the means of production like tools and factories, which just happened into existence. Our modern, complex, and advanced industrial society is the product of mindless, conditioned muscular movements, according to Marx (and others). It is owing to the Marxist theory of the mind – i.e., spiritual values - as of little consequence that gave rise to the myth that labor and those that perform it are the primary engines of economic progress.


Labor Day, whether one knows or wants to admit it or not, is an outgrowth of Marxism and the “labor theory of economic value” that so enamored late 19th century American intellectuals.


The DOL concludes its Labor Day salute as follows:


"It is appropriate … that the nation pay tribute on Labor Day to the creator of so much of the nation's strength, freedom, and leadership — the American worker."


Not quite. Instead, we should pay tribute to the creator of the American worker.


This Labor Day, we should celebrate not just workers, but those who made our jobs and prosperity possible. This country was not built by physical labor. It was built by intellectual labor applied to physical labor under a system of individual rights that allowed everyone the freedom to think and, above all, to act on his thinking. Instead of patting ourselves on the back for our labor, we “workers” should reflect on the mental efforts that we had to expend in order to acquire the previously discovered knowledge that makes it possible to perform our jobs. We should stop selling ourselves short. Labor Day is an insult to the American Worker.


More importantly, we should give silent thanks to all of those intellectual “laborers” who came before us – the discoverers, the inventors, the investors, the businessmen - who made our well-paying jobs possible.


Instead of Labor Day, we should celebrate Intellectual Labor Day.


Or, better yet, we should celebrate political and economic freedom—i.e., Capitalism – the social system of the United States of America. Capitalism unleashed the individual human mind. It is Capitalism that liberated the inventor, entrepreneur, businessman, and industrialist, who in turn made it possible for the American worker to have acquired the means to rise to middle class status and prosper. The labor movement fought for better working condiditions, shorter work weeks, and the like. But those victories couldn't have been possible without the tools of increased worker productivity and consumer products created by the inventor/entrepreneur/businessman/industrialist, who wouldn't have been possible without capitalism. The labor movement could not have been possible in any other era in human history. Capitalism made the labor movement possible.


It is Capitalism’s liberated human mind that from rude nature has delved and carved all the grandeur we behold.


Capitalism is what I will be quietly rejoicing as I enjoy my long weekend.


Happy Labor Day!!


Related Reading:


Atlas Shrugged—Ayn Rand


To Whom Does the American Worker Owe His Prowess?


Did Unions Create the Middle Class?


QUORA: 'How is becoming a billionaire even possible, chronologically?'


Another View:


Don’t Forget to Celebrate Capital on Labor Day, Too from FEE


"Labor is ennobling because it’s an important source of such values as self-esteem, personal fulfillment, responsibility, accomplishment, and voluntary cooperation. It’s both a vehicle and an outlet for our talents and ambitions. Good parents instinctively teach their children that work is a virtue and a benefit, while idleness and laziness are to be avoided.


"But all of that could also be said of another vital ingredient in our standard of living—capital. Most of us would starve without it. Creating it and then deploying it to increase material wealth is ennobling just as much as labor is, and for the same reasons. The creator and user of capital is furthering his talents and ambitions in the process. And every parent who tells his child to mow the lawn hopes he’ll do it with a piece of capital equipment like a lawn mower instead of his teeth."


[True. But never reverse cause and effect. Without labor -- especially the labor of the mind -- capital is useless. In fact, it doesn't exist.]