Full disclosure: No AI here—this is my writing! A video boasted that Liberland’s Constitution is the world’s shortest. I cringed, reminded of the U.S. Constitution, once called the same. Revered globally, the U.S. document is now a shell of its former glory, its branches exploiting vague clauses like interstate commerce, necessary and proper, and general welfare to amass power beyond the Founders’ intent. If they wanted limited government, they chose their words poorly.
Liberland recently had a longer constitutional draft I admired. It closed loopholes that plague the U.S. Constitution, but now we have a shorter, vaguer version. My question: How does this constrain the government? Referenda, the Senate, or courts are touted as checks, but history shows governments manipulate even tightly worded constitutions. Why would Liberland’s vague document fare better?
The current draft lacks clarity. It defines only the president’s term, leaving the prime minister, Congress, and courts without term limits—potentially allowing indefinite rule. I’d accept guardrails (e.g., terms between a minimum and maximum), but these are absent. Relying on laws for this is risky; laws can change covertly, hidden in the blockchain, and citizens may not notice until it’s too late. The Senate can even nullify referenda results (Article IV, Sec. 1, Clause 2), undermining voter power.
There’s no Bill of Rights. The Minister of Justice claims rights derive from “general principles,” a pure libertarian approach. But courts often twist principles to favor government, using vague interpretations like “penumbras.” Without a clear Bill of Rights, I can’t trust judges to protect freedoms that don’t impede others.
The Senate, dubbed a House of Lords, is a hereditary body of the top 100 merit-holders, passing power to their heirs. How is this libertarian? It’s elitist, not freedom-driven.
The merits system raises unanswered questions:
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What’s the merit benchmark, and is it fixed or variable?
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How are merits inherited?
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What happens when the merit cap is reached?
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Can Senators serve in the cabinet, Congress, or judiciary simultaneously?
The longer constitutional draft addressed term limits, checks, and rights more clearly, avoiding the current draft’s ambiguities. It didn’t answer merit questions, but it provided a stronger framework to constrain government power. Before voting on any constitution, Liberland must clarify these issues through open discussion. A short document may sound elegant, but it risks unchecked power. The longer draft, with its detailed safeguards, is the libertarian path to ensure government serves citizens, not itself.