by Gary D. Barnett, Lew Rockwell:
“And yet we have what purports, or professes, or is claimed, to be a contract—the Constitution—made eighty years ago, by men who are now all dead, and who never had any power to bind us, but which (it is claimed) has nevertheless bound three generations of men, consisting of many millions, and which (it is claimed) will be binding upon all the millions that are to come; but which nobody ever signed, sealed, delivered, witnessed, or acknowledged; and which few persons, compared with the whole number that are claimed to be bound by it, have ever read, or even seen, or ever will read, or see.”
~ Lysander Spooner, No Treason: The Constitution of No Authority
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The very idea of any ‘social contract’ for any large group of individuals is asinine on its face. It is an impossibility to be sure if freedom is considered, and that is why constitutions, (‘social contracts’) which supposedly require individual explicit or ‘tacit’ consent, neither of which are valid in this context, are completely worthless, and only deceit by the state. Social contracts require that some or most freedoms be relinquished, and submission to the false authority of a ruler or ruling class be accepted for the ‘common good.’ This is usually based on only a majority ‘decision,’ or not, due to the corrupt and evil nature of voting, for the purpose of gaining protection for only those rights considered remaining, and state-supported in the bogus contract. In other words, natural rights are eliminated in favor of ‘legal’ rights created and administered by the state for the sole purpose of monetary gain and mass control. This can only mean that all natural rights are disallowed and non-existent’ in this lie called a social contract.
The assumed starting point for social contract creation in theory is to examine the human condition absent a political order. From here, social contract supporters would seek (assume) to argue that ‘rational’ individuals would voluntarily give up their natural freedom in favor of consent to a governmental (political) ruling system. Thomas Hobbes’ approach to the “state of nature” circumstance and social contracts was telling of his desire to see humanity ruled over by counterfeit documents shifting power from the individual to the state. Hobbes said that in a state of nature, or freedom of the individual, would be a horrible situation where everyone would have unlimited rights to pillage, plunder, rape, and murder, and endless war of all against all would be the result. His solution to his made-up claims, was for all to establish what he called “civil society” through a social contract in order to gain security by giving up natural rights and accepting an absolute sovereign made up of one man (king) or an assembly of men (oligarchy). He saw absolute government as the only option.
The meaning of the term “contract” in its most basic form, is an agreement between two or more parties that defines the terms of an exchange. The five major characteristics for any contract to be valid are:
1) An offer and terms: One party makes an offer to another, which includes a description of terms that the offering party makes to the other, that he is legally bound to honor.
2) An acceptance of an offer is necessary for any contract to be valid.
3) For any contract to be valid, every single individual involved needs to know,
comprehend, and fully understand the entire agreement and every obligation associated with such contract.
4) Some form of consideration (something of value) is necessary for a contract to be legally valid. Any consideration has to be legal, as illegal consideration or activity nullifies the contract.
5) All parties involved in any contract must enter this contract with the clear intent to set up a formal agreement and accept all terms as legally binding.
With this in mind, attempt if you can, to fathom the idea of a magical contract, completely unsigned and legally unaccepted by each party, without a full description of exact terms to be followed. Consider that this contract has to be fully understood by each and every individual involved, and that some form of legal consideration must be present and accepted by each party agreeing to this document. This contract in order to be valid must be set up with clear intent, and with acceptance of each and every term as binding on all parties.