Why do we give patent-holders monopolies on the production of their product?

“[The Congress shall have the power] To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries … ”

– Article 1, Section 8, Paragraph 8 of the United States Constitution

Some say that it is “obscene” or “outrageous” to have life-saving technologies at our fingertips, which are expensive by reason of a patent monopoly. Patents involve monopolies which (admittedly) have some drawbacks to them, at least in the short term. Why, then, does society allow them? I will try to explain in this post.

What is “corruption of blood, or forfeiture” from an attainder of treason?

“The Congress shall have power to declare the punishment of treason, but no attainder of treason shall work corruption of blood, or forfeiture, except during the life of the person attainted.”

– Article 3, Section 3, Paragraph 2 of the United States Constitution

The Constitution prevents Congress from “extending the consequences of guilt” beyond those who have actually committed the crimes …

In the Federalist Papers, James Madison once quoted a portion of the Constitution saying that the Congress shall have power “To declare the punishment of treason, but no attainder of treason shall work corruption of blood, or forfeiture, except during the life of the person attained.” (Source: Federalist No. 43) He then commented upon this section, saying that “As treason may be committed against the United States, the authority of the United States ought to be enabled to punish it. But as new-fangled and artificial treasons have been the great engines by which violent factions, the natural offspring of free government, have usually wreaked their alternate malignity on each other, the convention have, with great judgment, opposed a barrier to this peculiar danger, by inserting a constitutional definition of the crime, fixing the proof necessary for conviction of it, and restraining the Congress, even in punishing it, from extending the consequences of guilt beyond the person of its author.” (Source: Federalist No. 43) Corruption of blood just meant impeding someone from inheriting, or passing on property to their own descendants as heirs, on account of a crime that they had committed (usually treason). It thus punished others besides the person guilty of the crime.

James Madison

The primary function of government is to protect our most basic rights

“And these [rights] may be reduced to three principal or primary articles ; the right of personal security, the right of personal liberty ; and the right of private property : because as there is no other known method of compulsion, or of abridging man's natural free will, but by an infringement or diminution of one or other of these important rights, the preservation of these, inviolate, may justly be said to include the preservation of our civil immunities in their largest and most extensive sense.”

– Sir William Blackstone's “Commentaries on the Laws of England” (1765), Book 1, Chapter 1

Sir William Blackstone believed that the most important function of government was to protect our basic rights, especially our three most basic rights. “The rights themselves thus defined by these several statutes ,” he said, “consist in a number of private immunities.” (Source: Book 1, Chapter 1) These immunities, he said, were formerly, “either by inheritance or purchase, the rights of all mankind ; but, in most other countries of the world being now more or less debased and destroyed, they at present may be said to remain, in a peculiar and emphatical manner, the rights of the people of England.” (Source: Book 1, Chapter 1)

Sir William Blackstone

Our most important rights are personal security, personal liberty, and private property

Blackstone added that these rights “may be reduced to three principal or primary articles ; the right of personal security, the right of personal liberty ; and the right of private property” (Source: Book 1, Chapter 1). Furthermore, “the preservation of these, inviolate, may justly be said to include the preservation of our civil immunities in their largest and most extensive sense.” (Source: Book 1, Chapter 1) Thus, an examination of these most basic rights would seem to be in order here. The very first chapter of the very first book of the “Commentaries” is called “Of the Absolute Rights of Individuals.” In it, he sets forth his theory of human rights. All quotations from the “Commentaries” in this particular blog post are from this first chapter of the first book. This volume was first published in 1765. This first chapter gives great insight into how he viewed human rights.

Coat of arms of Great Britain, 1714-1800

A review of “Japan: Memoirs of a Secret Empire” (PBS Empires)

Japan's initial contact with the West in 1543

In the year 1543, a Portuguese trading ship arrived in the Japanese island of Tanegashima. Its passengers were the first Europeans to set foot in Japan. From a European perspective, they “discovered” Japan; but from an Asian perspective, they were not the first people to “discover” these islands; since these islands had been inhabited for centuries by that time. An ancient civilization resided here, with its own language, culture, and religions. At least one of its major religions (namely, Buddhism) had been imported from outside, but its Shinto religion was native to Japan itself. To those who lived in Japan, their empire was no “secret.” But to the people back in Europe, this island was indeed a “secret empire.” The European empires were equally “secret” to the Japanese, of course; and to the Japanese, these Christian Europeans were something of a novelty; and so were the strange goods that they carried.

Japanese painting depicting a group of Portuguese foreigners

Early trade with Europeans, including in weapons

The Portuguese carried valuable cargo that they wanted to trade for the Japanese goods. Both sides were eager to engage in this trade, as it turns out, and so Japan's first contact with Europeans established a long relationship with the West. This relationship would not always be as friendly as it was here, but the strange European imports have long fascinated the Japanese. The most important of these imports at this time was the musket. The Japanese realized very early on that these European weapons were very powerful. The Europeans were willing to sell them these weapons for a price, and certain tribes in Japan took them up on this offer. The ones that “got in” on this trade the earliest were able to dominate the other tribes via these weapons, and so these weapons had a massive effect on Japanese internal politics. This documentary starts at the moment of initial contact in the sixteenth century, and continues on through the end of Japanese isolationism in the nineteenth century. Internal Japanese politics are also covered, of course, but there is also a strong emphasis on Japan's complicated relationship with the West.

Various antique Tanegashima muskets

Some parts of the Constitution mention “Indians” or “Indian tribes” …

“[The Congress shall have the power] To regulate commerce with foreign nations, and among the several states, and with the Indian tribes … ”

– Article 1, Section 8, Paragraph 3 of the United States Constitution

When people today talk about the original Constitution, they often mention specific clauses that are relevant to black history. These include the Slave Importation Clause, the Fugitive Slave Clause, and the Three-Fifths Clause. When people today talk about the civil rights amendments, they often mention the abolition of slavery by the Thirteenth Amendment (and rightfully so). But when they talk about minority history, they seldom discuss the clauses specific to Native American history, even though the words “Indians” and “Indian tribes” are mentioned in three different clauses from either the original Constitution or its amendments.

Constitution of the United States

It is important to be clear on this point: there are actually no clauses in the Constitution that mention Hispanic Americans, Asian Americans, or Pacific Islander Americans by any of their specific names. There are clauses specifically about African Americans, but none that mention them by name (even by names like “blacks”). However, three clauses from either the original Constitution or its amendments mention “Indians” or “Indian tribes” by these names. Thus, I would like to go over all of these clauses here, and show what the “supreme law of the land” has said about the legal status of Native Americans.

Charles Curtis (the 31st Vice President of the United States),

who was of Kaw, Osage, Potawatomi, French and British ancestry – served 1929–1933