Time was, I wrote more than I do today about the abstract ideals that undergird freedom. These days, my attention is more focused on current events and what they portend. I’m not sure why that should be, except that it’s clear that, as Jubal Harshaw said in Stranger In A Strange Land, wallowing in the troubles of others can make you seriously neurotic.
Back in the old Palace Of Reason days, and during the Eternity Road era that succeeded it, the subject of rights – what they are, why they exist at all, and what they imply for government in a society that respects them – was frequently on my mind. Of all the brief, powerful things ever said on the subject, my favorite is this one, from a Nineteenth-Century French politician and historian:
Either rights exist, or they do not exist. If they exist, they involve absolute consequences…Furthermore, if a right exists, it exists at every moment. It is absolute today, yesterday, tomorrow, the day after tomorrow, in summer as in winter, not when it pleases you to declare it in force. [Louis Thiers]
When Thomas Jefferson wrote the birth certificate of the United States:
We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.–That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, –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, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness.
…he had that concept of rights – the peaceable individual’s possession of absolute moral trumps that prohibit infringement for any reason – firmly in mind.
Clearly, the Jefferson / Thiers concept of rights differs from that of a permission or a license, which is granted only when the State pleases to do so and may be qualified or withdrawn at any time. Which brings us to this morning’s question:
Are Americans accorded any rights whatsoever?
Not de facto, mind you, but de jure. In other words: does an individual possess any absolute protections against State coercion? Protections that cannot legally be abridged, infringed, or set aside on the grounds of a “compelling government interest?”
Think it over. Continue reading →