Category Archives: Rights

Updated: America's Founding Philosophy

Barack Obama, Constitution, Founding Fathers, Glenn Beck, Individual Rights, Media, Natural Law, Political Philosophy, Rights, The Courts

Glenn Beck is invaluable in highlighting the constitutional underpinnings of the republic violated by almost every law enacted by both parties. However Beck’s discussion is generally incomplete (along the lines highlighted in the article “Life, Liberty, and PROPERTY,” where I also readily conceded that “The man exudes goodness and has a visceral feel for freedom”).

Again and again Glenn has alerted his viewers to Obama’s disdain for the Constitution as a “charter of negative liberties.” Said the president: (Transcript here)

If you look at the victories and failures of the civil rights movement and its litigation strategy in the court. I think where it succeeded was to invest formal rights in previously dispossessed people, so that now I would have the right to vote. I would now be able to sit at the lunch counter and order as long as I could pay for it I’d be o.k. But, the Supreme Court never ventured into the issues of redistribution of wealth, and of more basic issues such as political and economic justice in society. To that extent, as radical as I think people try to characterize the Warren Court, it wasn’t that radical. It didn’t break free from the essential constraints that were placed by the founding fathers in the Constitution, at least as its been interpreted and Warren Court interpreted in the same way, that generally the Constitution is a charter of negative liberties. Says what the states can’t do to you. Says what the Federal government can’t do to you, but doesn’t say what the Federal government or State government must do on your behalf, and that hasn’t shifted and one of the, I think, tragedies of the civil rights movement was, um, because the civil rights movement became so court focused I think there was a tendency to lose track of the political and community organizing and activities on the ground that are able to put together the actual coalition of powers through which you bring about redistributive change. In some ways we still suffer from that.
I’m not optimistic about bringing about major redistributive change through the courts. You know, the institution just isn’t structured that way.

To the president’s telling complaint vis-a-vis the Constitution being deficient in its articulation of negative liberties only, Glenn has retorted as follows: “That’s the way the founders designed it, because they saw what governments do when they are allowed to do stuff for you.”

I’m afraid that’s not quite it. Articulated by the Founders, in the philosophy of classical liberalism and natural law, negative liberties are the only authentic rights. Glenn must articulate more than a utilitarian perspective, which doesn’t do justice to the profundity of America’s Founding Fathers. Glenn is welcome to use the following explanation from “CRADLE OF CORRUPTION,” in my book (buy it), with attribution, of course:

“The only rights of man are the rights to life, liberty, and property. These rights exist irrespective of governments. Rights always give rise to binding obligations. In the case of natural rights, the duty is merely a duty to refrain from doing. My right to life means you must refrain from killing me. My right to liberty means you cannot enslave me. My right to property means you should not take what is mine, or stop me from taking the necessary action for my survival, so long as I, in turn, heed the same strictures.”

“If to exercise a right a person must violate someone’s life, liberty and property, then the exercised right is not a right, but a violation thereof. Because my right to acquire property doesn’t diminish your right to the same liberty, this right is known as a negative right. Negative rights are real or natural rights because they don’t conscript me in the fulfillment of your needs and desires, and vise versa. They merely impel both of us to keep our mitts to ourselves.” [“CRADLE OF CORRUPTION”]

[SNIP]

You see, positive liberties are rejected outright in natural law, unless undertaken voluntarily. So, dear Mr. Beck, the reason the Constitution is by-and-large a charter of negative liberties, as the president put it, is because positive, state-minted rights violate the individual’s negative (real) rights.

The Great Glenn in action:

Update (Dec. 18): Sitting in for Glenn, Judge Andrew Napolitano delivers a superb explication of the natural-rights doctrine, joined by Joe Salerno, whose lectures at the Mises Institute I greatly enjoyed, and John Tamny of RealClearMarkets.com. What a shame the Wall Street Journal’s statist extraordinaire, Stuart Varney, now tenured at Fox Business, gets to TALK over the Three Wise Men. I’ve had enough of the Stephen Moores and Stuart Varneys of the world, wrong for decades, yet able to keep lucrative careers going, as they pepper their verbiage with the occasional, non-committal, crudely stated truths (“government needs to be throttled”).

Allow freedom and reality to be heard for a change. Expunge the snake-oil merchants from forums friendly to freedom.

Readers, please send me the YouTube clip of this round table, which should be up very shortly (after all, YouTube is not yet run by the state).

Update II: Heather Ellis Against The Police State (Plea-Bargain Shakedown)

Criminal Injustice, Fascism, Individual Rights, Justice, Law, Liberty, Race, Racism, Rights

“Liberty is a simple thing. It’s the unassailable right to shout, flail your arms, even verbally provoke a politician [or a policeman], unmolested. Tyranny is when those small things can get you assaulted, incarcerated, injured, and even killed. Evidence of tyranny in America is mounting” (“Tasers ‘R’ Us”)

You might call Heather Ellis’s behavior rude. That’s how the authorities described her cutting the queue at Walmart and refusing to be “removed” from the store by police. But for “belligerence,” The Machine brought the full force of the state down on Ellis. She was charged with “disturbing the peace, trespassing, resisting arrest and assaulting police officers,” and could have faced a jail term of 15 years.

In case you think I’m minimizing her crimes, let me not omit that Ellis also “stiffened her body” when the brutes tried to place her in the police car.

My oh my: doesn’t Heather know that as a subject she ought to have complied with her sovereigns?

“Prosecutorial power to bring charges against a person is an awesome power. Backing him, the prosecutor has the might of the state, and must never ‘override the rights of the defendant in order to gain a conviction.'” (“PATRICIDE AND PROSECUTORIAL MISCONDUCT”)

Dr. Boyce Watkins, who spoke eloquently on her behalf on CNN, asked: “If ‘no one was seriously injured,’ why was she facing up to 15-years in prison?”

Heather Ellis took a plea deal. Writes Watkins: “According to the terms of the deal, Ellis will plead guilty to disturbing the peace and resisting arrest. She will also serve a year of unsupervised probation, attend an anger management course and serve four days in jail before the end of the year. Also, if she stays out of trouble for the year, the charges will be sealed and the arrest will not be on her permanent record.”

Imagine being forced into this predicament, when you are innocent in the natural law.

Statism, not racism, is at work here. But being black and alleging racism might have saved this woman from a fate far worse.

A good dose of anti-authoritarianism didn’t hurt Ellis and her supporters. Given their distrust of the state, blacks are often more defiant of the American police state. It serves them in good stead.

Update I (Nov. 23): I watched a segment of the reality show COPS. Two female police officers responded to a domestic altercation and ended up arresting the crying woman for the offense of not replying right away to the law’s queries. The bully babe in uniform explained to the poor woman that she was being arrested becasue she needed to be taught a lesson: “If a cop asked you something, you respond right away, you hear?”

Let’s see if I got this right: a woman in trouble calls the cops, who just about break down her door, yell at her for being out of it and cuff her, leaving children and an elderly mother unattended.

To serve and protect.

This kind of outlaw conduct from cops is clearly more common than we think. Having observed it, I’d have to conclude that it is best not to invite the bastards into one’s home.

Update II: A reader hereunder brings up the travesty that is the plea bargain, an abomination that is presented in every episode of “Law And Order” as a matter-of-fact route to “justice.” The truth is that such “wheeling and dealing” is anything but. This from “TRUTH OBSCURED IN JOHNNY JIHAD’S PLEA BARGAIN“:

There’s a reason the American Constitution emphasizes “the right of trial by jury.” The justice system’s mandate is to unveil the truth. This can only be done in a court of law, and in accordance with due process. The plea bargain is nothing more than a negotiated deal which subverts the very goal of the justice system: In the process of hammering out an agreement that pacifies both prosecution and defense, truth usually falls by the way. As the predominant method of adjudication in the United States, the plea bargain taints the system.

Update II: ‘The Most Fun You Can Have With Your Clothes On’

Constitution, Feminism, Gender, GUNS, Homeland Security, Individual Rights, Liberty, Private Property, Regulation, Rights, Sport

RUGER 10/22 FULL AUTO, or modifications thereof. The absence of any kick-back is a huge plus for me. Finding an outdoors, non-range situation is another priority as well. I cannot stand the range: in-doors or outdoors. These are collective, collectivist holding pens into which regulators have herded free people who wish to become comfortable with defending life, liberty and property.

Update I: A different configuration.

The Israeli Defense Force (IDF) found that the Ruger 10/22 was more lethal than previously thought, especially in upper body injuries, and has reclassified it as a lethal weapon. That’s good enough for me.

Update II (Sept. 28): Taki Theodoracopulos once wrote a “penetrating” piece titled, “Why American Women are Lousy Lovers.” “That article,” Taki taunted his critics, “had nothing to do with the sexual act; it was an anti-feminist tract.” A connoisseur of the fair sex, Taki has often made the case that American women are devoid of femininity.

Why this prelude? Well, guys, you may be used to the manly (often manless), American female gun aficionado, who boasts about her prowess with a firearm as big as the one you can handle, but that’s not me.

I’m not an American woman, and I’m no feminist (I don’t need to compensate for anything). I still trust my guy to physically protect me (as he trusts me to use my big brain to “protect” him, so to speak). Of course, a woman must be able to drop an assailant. But I’m not going to carry on about guns like some half-male, ripped, bionic bimbo. This RUGER 10/22 seems a very sweet toy for a girl (not remotely guy-like) who wants to do damage to an advancing target, in a confined situation.

Watch this space. Photos forthcoming.