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Posts tagged “Bill of Rights

Give Me Liberty…


Those who would give up essential Liberty, to purchase a little temporary Safety, deserve neither Liberty nor Safety.” –Benjamin Franklin

This past week, two seemingly unrelated events occurred that brought the 18th century to life in our modern age. Unless you are completely unaware (and if you are, I doubt you would bother to read this), Saturday was the “March for Our Lives,” the highly contrived display of juveniles calling for an end to an essential freedom. But earlier in the week, an Uber autonomous taxi struck and killed a pedestrian. Later reports laid the blame on the pedestrian, but that didn’t stop government from forcing every company testing autonomous driving technology to pull their vehicles off public roads.

What Franklin and the other Founder’s understood is there is a dynamic tension between safety and liberty. The reality is that they cannot perfectly coexist, and so the question is about how to set the dynamic to serve the most good. Think on it for a moment, and you’ll realize the two are polar opposites. Any society that promises absolute safety for it’s citizens offers no liberties, not even within the confines of the home. Conversely, the society that offers unlimited freedom has nothing in the way of societal protections.

What those wise old men created was a system that separated a subset of freedoms from everything else, and referred to them as “essential liberties.” They considered them essential for the simple reason that these freedoms guarantee every other human liberty. Among those considered absolutely necessary are the freedom from unwarranted government intrusion into an individual’s life and incarceration without first being tried by one’s peers, the right to peaceably assemble and address the government’s representatives, the right to worship and the right to defend oneself against the government, by force of arms if necessary. They packaged the essential liberties into the Bill of Rights – something the anti-federalists* demanded in order to secure their votes for ratification of the new Constitution.

What wasn’t mentioned, in the Constitution, the Articles of Confederation or the Declaration of Independence was the idea of a personal safety. Personal safety was generally accepted as an individual responsibility in the new republic.

Generally, but not universally. There have always been those who believe the duty of government is not the assurance of liberty, but dedication to protection from danger. While the nation was founded by, and throughout our history has rewarded risk takers, those who are risk averse have also made their homes among us. As the nation has aged, our society has reached agreement that certain personal liberties could be exchanged for government assurances of a sort of communal safety. Big Brother might not be watching your every move, but he’ll watch enough to make certain that some actions are prevented (or at least punished).

This brings me back to Franklin, Uber and the “#MarchForOurLives.” While Poor Richard might have been bemused at the idea of the government regulating transportation companies to this extent, he would have been willing to go along. After all, transportation is not an essential liberty. The government could ban all mechanized modes of getting about tomorrow as being inherently unsafe (and a glance at NTSB statistics will tell you just how unsafe they remain, despite government’s best attempts at making them safe), but you could still figure out a way to get from point A to B.

However, Ben would have taken umbrage at Saturday’s connived attempt to toss away one of those essential liberties, the right (and to many of the founders, the responsibility** of all citizens) to own firearms. I understand this concept is alien to the children who participated who, with the surety only born from the ignorance of youth, believe any idea older than they is ancient and outdated. It certainly is not alien to the people of Think Progress and the other left wing organizations that organized the protest. Indeed, removing it from the pantheon of essential liberties has been a goal of theirs from the beginning of the progressive movement, because they understand it is that which undergirds the individual’s ability to ensure his ability to exercise any of the others.

Think Progress has the right to assemble, and the even the right to dissemble on the nature of the Constitution. But the children whose unnatural fears they’re preying upon should also take note of the last part of the Franklin quote above. When he said those who desired safety over liberty deserved neither the safety they seek, nor the protections of liberty, he was referring to this other passage he had a part in crafting:

-That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government.

This was the American Declaration of Independence, which stated the case that government does not exist to provide for personal safety, and that the duty of all people when confronted with a government that places benevolent tyranny ahead of individual liberty is to overthrow that government – by force, if necessary. That is the Pandora’s box they are toying with. Beware opening the lid. You won’t like what you find inside.


*For those of you not well versed in US history, the anti-federalists were Americans who opposed the adoption of the Constitution. Indeed, they opposed the idea of any strong government that could bind the individual states into a permanent union. Among their number were such notables as Patrick Henry, Samuel Adams and James Monroe.

**The various Founding Fathers have numerous dissertations on a citizen’s duty to maintain a firearm and remain proficient in its use, but this quote from Thomas Jefferson sums up the prevailing sentiment: “The Constitution of most of our states (and of the United States) assert that all power is inherent in the people; that they may exercise it by themselves; that it is their right and duty to be at all times armed.”

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A Patriotism Optional Nation


“In the beginning of a change the patriot is a scarce man, and brave, and hated and scorned. When his cause succeeds, the timid join him, for then it costs nothing to be a patriot.” -Mark Twain

This is going to be a long post, so I’ll beg forgiveness now. But what needs to be said is far too important to attempt to keep this brief, or under 750 words – for if it were that simple, then it wouldn’t need to be said.

Our nation is at a crossroads of our history. Down one path lay the glory and honor bestowed on us by the men whose names we learn to cherish as children: Washington, Jefferson, Franklin, Lincoln. Down the other lay one paved in darkness and guarded by men we’ve learned to revile: Stalin, Hitler, Napolean, Caesar. We haven’t arrived at this juncture by accident, but it wasn’t pre-ordained, either. We came to this point willingly and of our own accord.

How did we arrive here? Because when times call for the greatest fortitude, people clamor for illusory safety and willingly allow government to abscond with what we once described as inalienable liberties. While our nation followed this course during the 18th and 19th centuries, we never forgot – or allowed our elected representatives – to forget the meaning of the word “inalienable.” Even the most egregious violations of the Bill of Rights and examples of executive overreach were quickly repealed. Or failing that, the third leg of our government – the courts – would invalidate the law in question. During the Civil War, the government violated the Third Amendment (prohibiting quartering soldiers in private homes), the Eighth Amendment (prohibiting cruel and unusual punishment), and Article I, Section 8 of the Constitution (the nation’s first military draft was enacted by executive order, not an act of Congress). By the war’s end, troops were no longer quartered in private homes, the Army commanders who had inflicted the most horrible deprivations the mind can create were themselves jailed and the Supreme Court invalidated the draft.

Ben vs Obama

By the time the Great Depression had plunged the world into chaos, the citizenry was panicked. Governments around the world responded by instituting varying levels of socialism. In nations with a history of repressive governments, the repression reached new levels of inhumanity. Germany, Russia, Italy, Japan and China all gave rise to governments that (as a matter of policy) established mass executions and detentions while squelching all opposition. Spain erupted into a civil war between two equally brutal and repressive regimes.

In the US we instituted the “New Deal,” a  series of programs that increased the government’s role in the economic and business life of the nation to unprecedented levels. This intrusion into previously private affairs didn’t infringe on the basic freedoms enshrined in our Constitution, the Bill of Rights or the Declaration of Independence. But it did set an important milestone in the affairs of the nation. It marked the firs time the nation willingly exchanged freedom of action for the illusion of security. (Let’s face facts: the national economy in 1939 was only marginally better than in 1929).

However, with the outbreak of World War II, Americans accepted not only having their inalienable rights curtailed, but in several case outright removed. Japanese-Americans by the tens of thousands were jailed, their citizenship nullified by executive order, in violation of the Sixth, Seventh and Eighth Amendments. First Amendment protections were stripped away, as a compliant press and population acquiesced to censorship on a grandiose scale. Defendants were not allowed to exercise their Fifth Amendment right against self-incrimination in “national security” trials. J.Edgar Hoover’s FBI routinely searched homes and businesses for saboteurs – without warrants, in violation of the Fourth Amendment.

After the war ended, these Constitutional violations ended. But 44 months of war and deprivation, after 12 years of government intrusion during the Great Depression, had inoculated the American public from the idea that government needed to be guarded against. An entire generation had now grown up knowing only a federal bureaucracy that claimed it could solve the problems of mankind.

“If tyranny and oppression come to this land it will be in the guise of fighting a foreign enemy” -James Madison

Thanks to the relentless indoctrination our nation has endured for almost 80 years, both from popular culture and the way we teach (or more accurately, fail to teach) history and civics, the United States of America is no longer the home of the brave. This is not to say that there are not courageous individuals among us. Obviously there are, or else things like this wouldn’t happen. But our society no longer expects bravery as the norm, which is why we celebrate those willing to run into collapsing towers.

This transformation of the American from rugged individual to fearful member of the collective gave rise to egregious abuses of power over the last six decades. Some we still remember: McCarthyism, Watergate, Iran-Contra. Others have slipped the collective conscience and disappeared in to mists of time. The common thread between all, though, is an underlying belief that government should have more  power than the people it serves – all in the name of safety. It’s how we’ve wound up with massive programs. It’s how lawmakers and executives of both major parties can say with a straight face programs like PRISM are necessary to keep Americans safe.

This brings us to the 21st century, a century that began with the downing of the World Trade Center. The American populace screamed for vengeance, yelled for justice – but more importantly, demanded the government make them safe. And the government responded to those demands; not with a measured voice reassuring the populace that the terrorists would be caught and punished. Instead, two major wars were launched by executive fiat. Yes, the Congress technically voted to invade those foreign countries, but the vote was actually to cede the power vested in them by the Constitution to the Executive branch. Seemingly overnight, we were a nation at war.

“We cannot defend freedom abroad by deserting it at home.” -Edward R. Murrow

In the same way the United States has ceased being collectively valorous, we have sullied the definition of patriotism. Being a patriot requires more than waving a flag on Independence Day, singing “God Bless America” during a baseball game; it is more than putting a lapel pin on your suit jacket or cheering returning soldiers. These are nothing more than outward displays of nationalism. Regardless of a nation’s ideals, such actions are performed by supposed patriots of every nation. Britons stand when a band strikes up “God Save the Queen,” Saudi’s bow when the King’s limo passes by.

On the other hand, the patriot understands and defends the ideals which separate his nation from all others. The original American patriots pledged “our Lives, our Fortunes and our sacred Honor.” Many gave their lives, more sacrificed their fortunes. None, however, were forced to give up their honor. Rather, their honor was restored by fighting for the ideals in the document they signed in 1776. In our modern era, the rights they enshrined as being inalienable, rights that laid the foundation for our nation, are being eroded by the misnamed Patriot Act, by secret courts and warrants, by an executive branch that sees little value in life or liberty. Where are the modern patriots?

NSA PollThe reality is patriotism is a vanishing character from our nation. More than half of our citizens are perfectly happy to be spied on by their government, not caring this can only occur as an abrogation of the Fourth Amendment. Over the past week, I continuously hear statements like “If the government wants to watch me watch porn, I don’t care.” Nobody much cares if the Nazi’s can’t march in Washington, so long as they can watch Honey Boo-Boo. After all, freedom of speech isn’t for people who might have offensive views but only those with whom we can commiserate. Abridging the Second Amendment, redefining it if necessary, is fine. The public doesn’t care, so long as it can be made to feel safer. Seventh and Eighth Amendment protections for suspected terrorists need not apply – especially if the hapless citizen accused of terrorism is overseas. Why bother with a trial, when a missile tipped robot can eliminate the problem? If a bunch of kids in Brooklyn get stopped and frisked by the NYPD for the awful crime of walking around, who cares about their rights to due process? The cops might find a gun on one of them.

All of this is now acceptable to an American people conditioned towards cowardice. Our forefathers abandoned personal safety and financial security in the pursuit of liberty. They did this at the founding of the nation and as they expanded the national boundaries westward. They did this as they boarded creaky ships to cross the Atlantic in the 18th, 19th and early 20th Centuries. These people were patriots. They did not fear their government, they stood for their rights and took it to task when government dared infringe upon them.

“When the people fear the government there is tyranny, when the government fears the people there is liberty.”― Thomas Jefferson

Despite the platitudes from the elected, our modern government is no longer “of the people, by the people and for the people.” The modern American constantly lives in fear of what the government may do to them, rather than holding government to account for its actions. They often don’t even realize how afraid of government they’ve become. They live in fear of being audited by the IRS, of having their driving privileges revoked, of having their property seized by “eminent domain.” They live in fear that their employer will lose a government contract, of being denied a government loan, of being denied admission to college.

So, my question to you is: what are you willing to give up for liberty, those of you who call yourselves patriots? Are you willing to sacrifice your life? Your house? Your bank account? Your Social Security check? How about the big screen television or cell phone? Because our reality is that very few are willing to sacrifice anything. It’s why we’ve become a nation of nationalists, not patriots. We cower when we should fight. If you want to know why you are no longer safe in your cities, America, look no further than the rot that infects your citizenry’s soul. Your complacency as the nation’s values were stolen is the reason our foreign enemies are emboldened.

“Great occasions do not make heroes or cowards; they simply unveil them to the eyes of men. Silently and perceptibly, as we wake or sleep, we grow strong or weak; and last some crisis shows what we have become. ” ― Brooke Foss Westcott

America is now the nation of cowards. As such, we’ve become the patriotism optional society.

May God help us all.