A Guide to Upholding the Social Contract

"For by art is created that great Leviathan called a Commonwealth, or State (in Latin, Civitas), which is but an artificial man, though of greater stature and strength than the natural, for whose protection and defence it was intended"

The above quotation is, in part, an introductory passage from Thomas Hobbes' magnum opus, The Leviathanor the Matter, Forme and Power of a Common Wealth Ecclesiasticall and Civil. Throughout this work, Hobbes labors to define the relationship between the people and government. Thus, he added significantly to the foundation of Social Contract theory and those proponents who would later follow.

Following September 11, the Bush Administration took a purely Hobbesian view of the Social Contract theory, impressing upon the citizenry the mortal importance of quashing internal and external threats at all costs. Awestruck by the immensity of this event, the citizenry relinquished their already fading vigilance in hopes of recapturing homeland peace.

On October 26 of that same year, the PATRIOT Act or Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 arrived. In addition, the FISA [or Foreign Intelligence and Surveillance Act] of 1978 was presented as an argument for a free-reign government wherein non-sanctioned surveillance should be conducted. Rule of law determined that previous acts of surveillance fell outside the scope of FISA, so the government responded by passing certain amendments.

In the waning days of summer 2007, the Protect America Act passed into law. This revisionist movement toward a leviathan government and peace at any cost remained in tact.

John Locke, another Social Contract theorist, took a position toward "government with the consent of the governed". Lockean theory also laid the framework of some parts of the United States Constitution.

In present times as inflation looms on the horizon; unchecked governmental spending toward foreign wars; a trillion dollar deficit; the utter lack of a national health care system; the depletion of social security funds; the question may be posited, Where are the American people? Where is the representative government as outlined in the United States Constitution?"

As John Locke suggested, people should understand their contractual relationship with government, and their role within that contract. If recent times have demonstrated anything, we should be aware of the great importance of the people's participation within representational government. The United States established on a foundation as such that the failure to participate erodes that very foundation.

The intent of this article is to offer a brief guide toward watching "the government of the people, by the people". We will examine expeditious methods by which one can access governmental information at the Executive, Judicial and Legislative levels of the US Government. Of course, this sounds like a daunting task that requires a great deal of time and effort for, in this day and age, who has the luxury of time.

So how difficult is it to retrieve information on our three branches of government? In this cursory examination of accessing government, you will find that information is available 24 hours a day, seven days a week. Furthermore, access to governmental information does not even require one to leave his or her home.

The Executive Branch is a portion of government that not only refers to the presidential office but those cabinets designated therein. At http://www.whitehouse.gov, departments such as Homeland security ala the State Department, Education, Housing, Environmental Protection Agency and many others are accessible.

Presidential Officehttp://www.whitehouse.gov

United States Cabinethttp://www.whitehouse.gov/government/cabinet.html Secretary of StateSecretary of the TreasurySecretary of DefenseAttorney GeneralSecretary of the InteriorSecretary of AgricultureSecretary of CommerceSecretary of LaborSecretary of Health and Human ServicesSecretary of Housing and Urban DevelopmentSecretary of TransportationSecretary of EnergySecretary of EducationSecretary of Veterans' AffairsSecretary of Homeland Security

Cabinet-level Administration Officeshttp://www.whitehouse.gov/government/cabinet.htmlVice President of the United StatesWhite House Chief of StaffAdministrator of the Environmental Protection AgencyOffice of Management and BudgetWhite House Office of National Drug Control PolicyOffice of the United States Trade Representative

Of notable interest, one can read the proposed Executive budget in pdf formatting, line item by line item.

The Judicial Branch is a portion of our government known as the Supreme Court. At www.supremecourtus.gov, one can view the upcoming court docket and information pertaining to each case brought before the Court. Additionally, one can research historical decisions, and read the words of Supreme Court Justices as they explain the reasoning and logic behind each decision.

About the Court section provides a history perspective and an overview of procedural law.

Docket: The automated docket system is the Court's case tracking system. It contains information about cases, both pending and decided. The docket provided on this page contains information regarding the status of cases for both the current Term and the prior Term.

Oral Argument: A case selected for argument usually involves interpretations of the U. S. Constitution or federal law. At least four Justices have selected the case as being of such importance that the Supreme Court must resolve the legal issues.

An attorney for each side of a case will have an opportunity to make a presentation to the Court and answer questions posed by the Justices. Prior to the argument each side has submitted a legal brief -a written legal argument outlining each party's points of law. The Justices have read these briefs prior to argument and are thoroughly familiar with the case, its facts, and the legal positions that each party is advocating.

Merits Brief is a defense based on merit and rests upon the justice of the cause and not solely upon technical grounds.

Amicus [curiae] Brief is a Latin term meaning "friend of the court". The name for a brief filed with the court by someone who is not a party to the case.

"An amicus curiae brief that brings to the attention of the Court relevant matter not already brought to its attention by the parties may be of considerable help to the Court. An amicus curiae brief that does not serve this purpose burdens the Court, and its filing is not favored."

Rule 37(1), Rules of the Supreme Court of the U.S.

Bar Admissions section provides forms (pdf formatting) for court admission.

Court Rules section provides forms (pdf formatting) that define procedural processes within the Supreme Court

Case Handling Guides section provides forms (pdf formatting) that define procedural processes within the Supreme Court

Opinions: The opinions included here are those written by individual Justices to comment on the summary disposition of cases by orders. Such an opinion might, for example, dissent from the denial of certiorari or concur in that denial.

Orders and Journals: The vast majority ofSupreme Court cases are summarily disposed and unsigned orders. Such an order will deny a petition for certiorari (review of a case) without comment. Regularly scheduled lists of orders are issued on each Monday that the Court sits, but "miscellaneous" orders may be issued in individual cases at any time. Scheduled order lists are posted on this Website on the day of their issuance, while miscellaneous orders are posted on the day of issuance or the next day.

Visiting the Court section is a link that connects you to all the information you will need if you are planning a visit.

Public Information

Links section provides hyperlinks that will help you navigate the U.S. Government.

Our bicameral United States Congress is composed of the Senate (upper house) and the House of Representatives (lower house). Information regarding the United States Senate is at http://www.senate.gov/, while information concerning the House of Representatives is located at http://www.house.gov/.

The general headings for the Senate website include Senators, Committees, Legislation and Records, Art and History, Visitors, References.

The "Senators" section contains a listing for each member of the 110^th Congress. The Senatorial Listing, sorted alphabetically, by state or by class, also provides contact information.

Each member of the 100 member Senate belongs to one of three classes. The three classes contain 33, 33 and 34 members and determine when a Senator is up for re-election.

The "Committees" section provides information on all 20 committees, 68 subcommittees and 4 joint committees. Per the Senate website, the purpose of the committee system is as follows:

"Due to the high volume and complexity of its work, the Senate divides its tasks among 20 committees, 68 subcommittees, and 4 joint committees. Although the Senate committee system is similar to that of the House of Representatives, it has its own guidelines, within which each committee adopts its own rules. This creates considerable variation among the panels."

The "Legislation and Records" section enables the visitor to browse both current legislation and voting records on past legislation.

Regardless of political affiliation, it is of the greatest importance that one takes time to access their government. In this day and age of the media politick and special interest groups, information is filtered and spun three or four times prior to reaching our senses.

John Locke suggested government with the consent of the governed. If current events teach us anything, we, the people, must be involved; we must have a presence in government. Therefore, it follows that we must uphold our end of the social contract.