Tag: liberty

Liberty is . . .

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If I am pursuing liberty it seems reasonable to try defining what “liberty” is. Let me start off by saying that I chose the name very carefully and in the years since then I have confirmed many times that I chose correctly – liberty is what I am pursuing, and nothing short of liberty will satisfy me.

The primary (top) dictionary definition of liberty is:

a. The condition of being free from restriction or control.

b. The right and power to act, believe, or express oneself in a manner of one’s own choosing.

c. The condition of being physically and legally free from confinement, servitude, or forced labor.

I would like to add my own working definition of what liberty is. Let me preface that list of what liberty is with a couple of statements of what liberty is not:

Now for what liberty is:

Liberty is hard work
Liberty is personal responsibility
Liberty is the freedom to make choices
Liberty is attainable only on an individual level
Liberty is compatible with all universal laws (laws of physics, laws of human nature, laws of economics, etc.)
Liberty is the highest goal a person could achieve

Finally I would like to state that there is no such thing as purely political liberty except in the sense that it is possible to live in a society that promotes/provides political liberty while personally making choices that curtail ones own personal liberty. This means that in order to achieve political liberty we must be willing and able to attain personal liberty in other areas of life through our use of personal choice and accountability – anything less than that is simply freedom.

Tags goals, ideal, liberty, thoughts

General

Re-Founding Requires Renewed Statesmanship

Post author By David
Post date September 30, 2009
6 Comments on Re-Founding Requires Renewed Statesmanship

photo credit: mharrsch

Bob Henline strikes again, but this time there is nothing he said that I would argue with.

. . . all we end up doing is enacting more ridiculous laws that only spin the problems, never really resulting in any tangible effects. That leads us to ask the question of why this is the case?

The short answer to this question is that we lack anything resembling long-term thinking in this country. Our politicians have shelf-lives of 2, 4, or 6 years and our general public has an attention spam of about 12 seconds. This situation doesn’t lend itself well to long-term solutions, but it does lead to amazing long-term problems. Over the course of the past 50 years or so we have done an amazing job of creating problems and of pushing them off onto future generations. The problem that we now face is that we are the future generation that is stuck with the tab.

Tags change congress, connections, Elevated, liberty, patriotism, statesmanship

culture National

Re-Founding America

photo credit: Why Tuesday?

I don’t pay attention to talk radio because even though I am very conservative I find that the conservative perspective shared on talk radio is generally laced with too much thoughtless and inflammatory perspective that is designed to stir reactions rather than provide information. Despite that general disinterest I was intrigued when I heard about Glenn Beck calling for a re-founding of America. The idea fit so well with what I have been focused on that I thought I would share my perspective on the idea here.

On January 1, 2008 I wrote that what America needs is a new birth of freedom. Before I wrote that, and even more since then, I have been looking for exactly that within our nation. The final answer is as difficult as it is uncomplicated – we need people to be converted to the idea of America – no more is it enough to be born here – we must individually be converted to the idea of liberty that our founders fought and died for. During the last couple of years I have found two groups that give me hope for a way forward in giving this nation that new birth of freedom.

Tags connections, Downsize DC, Elevated, liberty, patriotism

General

Securing Liberty

photo credit: Brian Wilson Photography

I got a complaint on facebook over a statement I made that later amendments take legal precedence over earlier ones where both conflictingly address the same point of law. Here was the complaint:

I have a problem with the rationalization . . . that a later amendment takes precedence over an earlier one- That takes away all security in the freedoms that our constitution grants.

I don’t know how it is possible to fight common sense. If the city code states that housing density may not exceed 2 houses per acre and then a later city council passes an ordinance stating that housing density may not exceed 5 houses per acre it would be absurd to try stopping a developer who wanted to build a subdivision filled with 1/4 acre lots (at least it would be absurd to do so using the original density code to back up your complaint). The same principle holds true at every level of legal authority – including at the Constitutional level. The guarantees of freedoms in the Constitution are only binding from one time to the next if they are not challenged at that level of law. If the people of succeeding generations challenge and remove the liberties currently in the Constitution through new amendments there is no way today to prevent them from doing so.

Tags amendments, Constitution, Elevated, liberty, Orrin Hatch, Reagan, thoughts

General

Constitutional Amendment 18

Post author By David
Post date August 7, 2009
18 Comments on Constitutional Amendment 18

The Eighteenth Amendment is a great example of constitutional law.

After one year from the ratification of this article, the manufacture, sale, or transportation of intoxicating liquors within, the importation thereof into, or the exportation thereof from the United States and all territory subject to the jurisdiction thereof for beverage purposes is hereby prohibited.

I know that many people will argue that it is a bad amendment (generally citing the fact that it was later repealed as evidence of their claim) but I would like to explain why I argue that it is such a good example.

Congress (and the majority of states at the time) wanted to restrict the use of alcohol for recreational purposes. They had no constitutional authority to do anything like that. The proper fix for this is to pass a Constitutional amendment rather than trying to ignore or get around the Constitution and use some easier means of doing what Congress wants to do. In this case, Congress followed the correct path – perhaps they had too many senators and representatives still in Congress since the 17th amendment was passed who remembered how the government was supposed to be limited according to the Constitution.

The question of whether this was a good law is a separate matter. Should Congress decide whether people should ever be allowed to consume alcohol? No. But at least in making this bad law they followed the proper procedure to give themselves the authority to take the action they wanted to take – and to successfully pass a Constitutional amendment requires a very broad base of support. If the people choose to prohibit consumption of alcohol that’s much better than having Congress prohibit its consumption because of the influence of a vocal lobbying group.

Tags amendments, change congress, documents, history, liberty

General

Constitutional Amendment 16

Post author By David
Post date July 31, 2009
4 Comments on Constitutional Amendment 16

The longer I live and the more I study, the more convinced I become that the sixteenth amendment is the greatest assault on liberty in our Constitution.

The Congress shall have power to lay and collect taxes on incomes, from whatever source derived, without apportionment among the several States, and without regard to any census or enumeration.

The amendment was passed as a benign revision to the Constitution, amending Article I Section 9 which had specifically prohibited Congress from laying any direct tax. Without this amendment the government could never have sufficient funds to substantially exceed their constitutional authority.

This amendment was passed in order to make it possible to levy income taxes – the most sinister aspect of income taxes being that government now holds first claim on the income of its citizens. If I don’t wish to support what the government is doing my only legal way to not support it is to have no income (or at least, less income than they are interested in taxing). While it will never happen in my lifetime (and probably will never happen period) the fact that the government has first claim on my income means that Congress could claim everything I produce and take it as income tax. So much for the right to property because my property (and yours) is now a gift or loan from the government.

Tags amendments, Constitution, documents, history, liberty, taxes

culture National

Government Can’t Do Charity

Post author By David
Post date July 30, 2009
12 Comments on Government Can’t Do Charity

Those pushing the need for health care reform spend a lot of time talking about the uninsured and the many unfortunate people who cannot or will not afford to pay for health care. (Mostly they talk about the “cannot pay” people except when they are proposing to have individual mandates, then they start talking about “freeloaders” who don’t get insurance even though they can afford it.) These people claim that health care is a right and (although they don’t use the word) they are proposing that the government can and should provide charity care for those in the “cannot pay” camp. The only problem is that government has been trying to do that for a long time through medicaid and medicare. The fact is that government cannot provide charity care – government can only take from those it chooses to burden and give to those it chooses to help. This warps the system even when it is meant to level the playing field.

Tags Elevated, government, health care, ideal, liberty, money, religion, thoughts

General

The Pledge of Allegiance

The Pledge of Allegiance may well be the most widely memorized bit of prose in the United States. In fact it is so widely known that I wonder how many people have ever stopped to consider where it came from or what it means (few I suspect). It was first written in 1892 but it’s final form did not come until 1954. Those who object to the reference to God are following in the footsteps of the daughter of the man who wrote the original version.

I pledge allegiance to the flag of the United States of America and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all.

I think it is instructive that we do not pledge allegiance to the United States or its government, but to the flag and the government ideal that it represents. We are pledging allegiance to the republic that the founders established in order to protect the freedoms of all the citizens of the nation. A nation which is meant to be under God and indivisible and which should be devoted without exception to protecting liberty and promoting justice for all.

That is the kind of nation that I can cheerfully and wholeheartedly support. We must ask ourselves how close that image aligns with the realities of our nation today. Those who truly pledge their allegiance to the flag and the national ideal of good government that it represents are pledging themselves to pursue those policies in government and society which will bring us closer to the ideal represented by the flag, the one where there are 50 sovereign states which, together with the sovereign citizens of the nation, work together to promote liberty and justice for all.

Tags documents, history, liberty

General

Constitutional Amendment 15

Post author By David
Post date July 23, 2009
No Comments on Constitutional Amendment 15

The 15th Amendment appears to be the first attempt to curb the efforts of those who were trying to deny blacks the right to vote as explicitly established in the 14th amendment.

The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude.

As history has shown, those people who still held their prejudices found more creative ways to deny that right. This is just further proof that there is no way to legislate what people will or should think – regardless of how well the social engineers concoct their plans.

Tags amendments, Constitution, documents, history, liberty

National

The Cost Issue is MIA

Matthew Piccolo has a good summary of some of the major issues that are attached to the current health care proposal. That seemed like a good complementary article to what I wanted to point out about the Health Care Reform Freight Train™ speeding through the halls of Congress – there is a major issue that has failed to be attached to the current discussion – cost reduction.

Back in ancient history (2007 through mid 2008), while the presidential election was in full swing but before the economy and the urgent need to bail out anyone with pockets deep enough to hold quantities of money starting with “$” and ending in “Billion”, health care was seen as the most important domestic issue on the campaign trail – does anyone remember that time? If you do you should remember that one of the few points of consensus on the issue between all parties was that health care was too expensive and that any attempt at a solution would have to include measures to cut the overall amount that we spend on health care. Here is a clip from Obama’s campaign website on the issue of healthcare:

we want to make health insurance work for people and businesses, not just insurance and drug companies.

Reform the health care system:
We will take steps to reform our system by expanding coverage, improving quality, lowering costs, honoring patient choice and holding insurance companies accountable.

Improve preventative care:
In order to keep our people healthy and provide more efficient treatment we need to promote smart preventative care, like cancer screenings and better nutrition, and make critical investments in electronic health records, technology that can reduce errors while ensuring privacy and saving lives.

(emphasis added)

Tags change congress, Elevated, health care, issues, liberty, money, Obama