It Is Dangerous to Be Right When the Government Is Wrong

1. Natural rights are fundamental and inalienable

You have rights antecedent to all earthly governments; rights that cannot be repealed or restrained by human laws; rights derived from the Great Legislator of the Universe.

Natural rights precede government. These include rights to life, liberty, property, and the pursuit of happiness. They are not granted by government, but are inherent to our humanity. Natural rights stem from our ability to reason and exercise free will. They cannot be legitimately taken away or restricted by human laws.

Rights are inalienable. This means they can only be surrendered through conscious, intentional criminal behavior. Even then, only specific rights may be forfeited as punishment, not one's fundamental human dignity. The inalienability of rights places moral limits on government power and forms the philosophical basis for concepts like due process and protection against cruel and unusual punishment.

Natural Law provides an objective moral standard. It transcends human-made laws and cultural norms. This gives us a basis to judge the legitimacy and justice of government actions. When positive law (human-made law) conflicts with Natural Law, it is the positive law that must yield as unjust and invalid.

2. Government exists to protect rights, not grant them

The government does not give them to us and the government doesn't pay for them, and the government can't take them away, unless a jury finds that we have violated someone else's rights.

Limited government purpose. The sole legitimate purpose of government is to protect the natural rights of individuals. It does not create or grant rights, but exists to safeguard pre-existing rights. This view sees government as a servant of the people, not their master.

Consent of the governed. Legitimate government authority comes only from the consent of those governed. People agree to form governments and cede some autonomy to protect their rights more effectively. But this delegation of power is limited and revocable.

Dangers of expansive government. When government oversteps its proper role, it often becomes the greatest threat to the very rights it should protect. Historical examples abound of governments violating rights in the name of security, economic management, or enforcing cultural norms. Constant vigilance is required to keep government within its proper bounds.

3. The Constitution enshrines natural rights, limiting government power

The Constitution does not allow the government to experiment with your constitutional rights.

Enumerated powers. The Constitution grants specific, limited powers to the federal government. All other powers are reserved to the states or the people. This structure aims to prevent the concentration and abuse of power.

Bill of Rights. The first ten amendments explicitly protect key individual rights from government infringement. These include:

• Freedom of speech, religion, and assembly
• Right to bear arms
• Protection against unreasonable searches and seizures
• Due process of law
• Right to a jury trial

Ongoing interpretation. Constitutional interpretation evolves, but should remain grounded in the document's original purpose of limiting government and protecting individual liberty. Judicial review serves as a check on unconstitutional laws and actions.

4. Taxation and monetary policy often violate property rights

If the American people ever allow private banks to control the issue of their currency, first by inflation, then by deflation, the banks and the corporations which grow up around them will deprive the people of all property until their children wake up homeless on the continent [of] their fathers.

Taxation as theft. Compulsory taxation violates property rights by forcibly taking wealth from individuals. While some argue taxation is part of a "social contract," this contract lacks true consent and often fails to provide proportional benefits to those taxed.

Monetary manipulation. Central banking and fiat currency allow governments to devalue money through inflation, effectively stealing purchasing power from savers and wage earners. This process enriches those closest to newly created money (banks, government contractors) at the expense of ordinary citizens.

Economic distortions. Government economic interventions, while often well-intentioned, frequently lead to unintended consequences:

• Minimum wage laws can increase unemployment
• Rent control can reduce housing quality and availability
• Subsidies distort market signals and resource allocation

5. Due process is essential to protect individual liberty

The Constitution supposes, what the history of all governments demonstrates, that the executive is the branch of power most interested in war, and most prone to it.

Procedural safeguards. Due process requirements like warrants, jury trials, and the presumption of innocence protect individuals from arbitrary government power. These safeguards evolved from centuries of struggle against tyranny.

Substantive due process. This doctrine holds that some rights are so fundamental that government cannot infringe upon them, regardless of the procedures used. It protects a sphere of personal autonomy from government intrusion.

Erosion of due process. War, terrorism, and other crises often lead to calls for weakening due process protections in the name of security. Examples include:

• Indefinite detention
• Warrantless surveillance
• Asset forfeiture without criminal conviction
• Expansion of plea bargaining at the expense of jury trials

6. Free speech and association are cornerstones of a free society

If we don't believe in freedom of expression for people we despise, we don't believe in it at all.

Marketplace of ideas. Free speech allows the best ideas to emerge through open debate and discussion. Even offensive or factually incorrect speech should be protected, as the remedy for bad speech is more speech, not censorship.

Association and dissent. Freedom of association allows individuals to form groups and advocate for their beliefs. This is crucial for minority viewpoints and for holding government accountable. Forced association (e.g., mandatory union membership) violates this principle.

Modern challenges. New technologies and social changes pose challenges to traditional free speech doctrines:

• Online platforms and content moderation
• Campaign finance regulations
• Hate speech laws
• Corporate speech rights

7. The right to bear arms safeguards against tyranny

A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.

Individual right. The Second Amendment protects an individual right to bear arms, not just a collective right tied to militia service. This interpretation is supported by the amendment's text, historical context, and recent Supreme Court rulings.

Deterrent to tyranny. An armed populace serves as a final check against government oppression. Historical examples of disarmament preceding atrocities (e.g., Nazi Germany, Soviet Union) illustrate this principle.

Self-defense. The right to bear arms allows individuals to protect themselves, their families, and their property. This is especially important in areas with limited police presence or high crime rates.

8. War and crisis often lead to government overreach

War prosperity is like the prosperity that an earthquake or plague brings.

Crisis expansion of power. Governments often use wars, economic crises, and other emergencies to justify expanding their power. Many of these expansions outlast the original crisis.

Military-industrial complex. The intertwining of government, military, and defense industries creates perverse incentives for continued conflict and military spending.

Economic consequences. Wars and crisis responses often lead to:

• Increased debt and taxation
• Inflation through monetary expansion
• Misallocation of resources from productive to destructive uses
• Loss of civil liberties

9. Criminal law should punish harm, not mere offense

There is no constitutional right to make frivolous petitions.

Harm principle. Criminal laws should only prohibit actions that cause demonstrable harm to others, not merely offensive or unpopular behavior. Victimless crimes violate individual liberty.

Overcriminalization. The modern proliferation of criminal laws, especially at the federal level, threatens liberty and due process. Many of these laws:

• Are vaguely written
• Lack clear intent requirements
• Regulate behavior better left to civil law or social norms

Proportionality. Punishments should fit the crime and focus on restitution to victims where possible. Mandatory minimum sentences and three-strikes laws often violate this principle.

10. Constant vigilance is required to preserve liberty

Eternal vigilance is the price of liberty.

Incremental loss of freedom. Liberty is rarely lost all at once, but through a series of small encroachments that seem individually reasonable. This makes preserving freedom an ongoing struggle.

Education and civic engagement. Maintaining a free society requires an informed and active citizenry. Understanding history, political philosophy, and economics is crucial for recognizing threats to liberty.

Institutional safeguards. While imperfect, mechanisms like:

• Separation of powers
• Federalism
• Judicial review
• Regular elections
  Help preserve liberty by diffusing power and providing checks and balances.

Last updated: November 19, 2024