Government should not legislate morality

Our Founding Fathers understood that, like any other form of knowledge, moral knowledge--knowledge of good and evil--requires a mind free to follow the observed facts and evidence wherever they lead. They therefore created a political system that protects the sovereignty of the rational mind--the very source of rights. Our Founding Fathers understood that, like any other form of knowledge, moral knowledge--knowledge of good and evil--requires a mind free to follow the observed facts and evidence wherever they lead. They therefore created a political system that protects the sovereignty of the rational mind--the very source of rights. Each American has the right to think, to express his thoughts in conversations, speeches and books, and then to act on his thought in pursuit of the values his life and happiness require. (So long, of course, as he respects the same rights of others.) He must have these freedoms because knowledge comes not from obedience to authority but from reason.

Resolved: Government should not legislate morality.

I just found this line ironic in that it comes from an article claiming morailty can't be legislated. The author says we each have rights and as long as we don't infinge on someone else'd rights the government has no business regulating our activities. Isn't that in itself a moral position that has basicaly been enshrined in law?

How did those Founding Fathers the author espouses create this political system he praises? Didn't they do that by creating laws (including the Constitution) based on their morals??

Government legislates statutes at definite times; cultures usually create morals over indefinite periods of time. In government the statutes apply universally (within a society). In culture there is usually (except for the smallest and most simple societies) a diversity of moral communities. If my definitions are valid, morality cannot be "legislated" but some morals can be given the strength of law. While our Judaic decalog proscribes bearing false witness, there is no civil law against lying in most of its instances, but it is illegal to lie under oath and in some commercial contexts.

I can't quite put my finger on the morality embedded in the Constitution. Can you find it, fishin'? Perhaps it's in the contracts clause?

Let me offer a hypothetical: suppose a society unanimously endorses the principal of "honor thy father and thy mother" as a moral precept. The legislature in that society then passes two laws:
Law 1: Making if a criminal offense to disobey one's parents.
Law 2: Offering tax incentives to children who financially support their parents.
Now, do either of these laws "legislate morality?"

It seems to me that a definition of "morality" is in order.

Who decides what constitutes "morality"?

One could argue that the Constitution creates a system of Democracy which is morally better (or worse depending on you view!) than other systems of government. While amendments point toward moral issues more directly the basic document doesn't. In it's entirety however, the basic document was intended to create a moral system of government.

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Now, do either of these laws "legislate morality?"

On their face they would appear to. (Assuming "honor" includes the concepts of obeying and supporting should they need it.)

The amendments, however, are a different story. I suppose there are two, in particular, that can be said to "legislate morality:" the thirteenth (abolishing slavery) and the eighteenth (instituting prohibition). So the question: were those proper exercises of governmental power?

But are laws that punish immorality in the same category as laws that reward morality? In other words, is it "legislating morality" when the legislature simply seeks to encourage, through a system of incentives, behavior it considers to be moral?

Resolved: Government should not legislate morality.

joefromchicago wrote:

Resolved: Government should not legislate morality.

Why ?

What you do in your own home with your own body is your own business (just don't ask me about potential suicide because I haven't thought this through that far yet)

We are the government and the government legislates our own bias.

We are they - we are responsible for our government. If we wnat different results we have to take action - participate in our government. The legislative bodies of this country are a reflection of us as the people.

What about beyond "in your own home with your own body"? I know I'd have some issues with a guy in the apartment below me storing a few thousand pounds of TNT in his spare bedroom.

(other than where necessary to protect other people's rights).