Gawdzilla wrote:I didn't say you were a libby, Mr. Touchy. I said I don't see the libbies operating...
A for the rest, tl:dr
Not touchy about it. Some libertarians are pretty selective on the application of their constitutional principles. Generally, I think that is because libertarianism is not coextensive with Jeffersonianism or constitutionalism. If libertarians wrote the constitution, I think it would be different, as some of the areas where it is lawful and proper for the government to act in our constitutionally limited republic, libertarianism interposes philosophical objections.
But, you'll find a lot of supposed libertarians talking about original intent, and what the "founders" intended ,and all that stuff. I've pointed out that the founders didn't intend to create a libertarian society, but the libertarians hold fast to the idea that the government should be limited to only those areas where it is authorized to act in the constitution. That's understandable, because government power - federal government power specifically - has sort of increased over the last couple hundred years, and things that would have been unthinkable for the feds to mandate 100 years ago are now generally assumed to be normal.
Inevitably, though, the people that I talk to that harp about "original intent" are doing as you say - being selective. It's funny, on one issue in particular, immigration, the original intent folks are absolutely sure that the federal government has the power and authority to control, regulate and prohibit immigration. I find it humorous to ask them to find the provision in the constitution wherein the federal government has that power (other than the power to naturalize citizens). They never, of course, can find such a provision in there, so then I ask them why they support federal immigration laws when there is nothing in the constitution that authorizes such laws to be made, and that therefore immigration would fall under the originalists' favorite amendment, the 10th amendment, which states very clearly that the powers not delegated to the feds under the constitution are vested in the States, or to the people. That's the States' rights provision.
So, anyone advancing the original intent of the "founders" can't escape the fact that the founders intended that the States have the power over immigration, so any border fences, visas, green cards, and all that, should properly be State run enterprises. They remain steadfast, however, in insisting that the constitution empowers the federal government to regulate in this area.
So, to make a long post short, I've long-since discarded any adherence to any sort of "original intent" arguments, and I abandoned any idea of being a libertarian more than 20 years ago.