The government is the principal means by which society pursues justice. That makes it morally unique. It legislates, it executes the laws, and it adjudicates disputes, both under criminal and civil law.
A government does not have to be democratic to be legitimate, as long as it implicitly enjoys the consent of the governed, and deals fairly and competently with its citizens. Even a somewhat oppressive government may, as a matter of practicality, be tolerated, in order to avoid civil war. Onerous taxation is one way that a government may behave oppressively, but that is in contrast to reasonable, or just, levels of taxation.
It is very unlikely that there will be a complete return to the status quo ante obtaining before the New Deal. I do not think that invalidates the current government. The electorate has, in essence, acquiesced in the creative application of the interstate commerce clause, and other expedients to broaden federal power, and if the issue were forced, I believe they would amend the Constitution rather than severely curtail federal prerogatives.
No, I never got around to "The Moon Is a Harsh Mistress"...... |
