What is the nature of technology and governance developments with respect to their impacts on constitutional rights, natural human rights, and economic advancement?
Our civilization is enduring a digital clash. While I believe the majority of people would agree a clash has occurred between technology and governance, I also think there is a gap of understanding of what technology and governance are and how they change. The objective of Part 2 of this research blog is to discuss what technology is and how it and governance impact our constitutional rights, natural human rights, and economic security.
Part 2 will begin by defining what technology is by leveraging the framework of understanding provided by Brian Arthur in “The Nature of Technology: What it is and how it evolves.”(1) This will be followed by discussion on what governance is and how it can be considered a technology in of itself as defined by the framework. This will then lead us into a meaningful discussion to explore how the U.S. Constitution, became the U.S. Constitution. This will be done by exploring the original arguments and tenets by James Otis against “Writs of Assistance” and the original arguments made in “The Federalist Papers” written by Alexander Hamilton, James Madison, and John Jay.
After exploring the original arguments of James Otis and the arguments made in “The Federalist Papers”, the blog will discuss the key threats they illuminate for the United States of America. This discussion will then briefly address the non-trivial changes in society since the original foundation of the Constitution and explore its modern threats. This section will discuss the importance of the rule of law but also the importance of interpretative methods of the rule of law in the development of legal canon. It will also discuss a book published in 2009 by the leading liberal legal scholars in America titled, “The Constitution in 2020” and how it compares with the works of Karl Marx and Friedrich Engels in “The Communist Manifesto”. Then we will discuss articles anonymously published by the Harvard Law Review in 2007. These articles were written perhaps by an author(s) of “The Constitution in 2020”. We will then discuss how these articles probably would not have made any impact on constitutional decisions individually, however when the arguments in the Harvard Law Review articles are combined, they most certainly could and probably did impact judicial decisions and interpretations.
Part 2 will conclude by discussing the importance of confidence and trust as it relates to economic, international, and constitutional law. Ultimately information is power and with the revelations of global surveillance by the U.S. National Security Agency, thanks to expanded and hidden legal powers, the breakdown of trust and confidence in the fidelity of information and economic systems begs the question: If this is the information age, is our information sufficiently secure from theft and illicit use?
- The nature of technology and governance need to be more completely understood
- What is technology and how does it change over time?
- What is governance and how does it change over time?
- Can governance be considered a technology in of itself?
- The original tenets and arguments that created the U.S. Constitution need to be explored
- How did the U.S. Constitution, become the U.S. Constitution?
- What were James Otis’s original tenets and arguments against “Writs of Assistance and why are they still relevant today?
- What were the original tenets and arguments made by the authors of “The Federalist Papers” and why are they still relevant today?
- Threats to the Constitution in the information age need examination
- Are there modern threats to the U.S. Constitution not previously envisioned?
- How important are methods of interpretation on constitutional canon?
- What is the importance of trust as it relates to economic, international, and constitutional law?