Regarding Your Civil Liberties

I'm always astonished to find myself in a position of having to remind folks just what this is all about. I'm not going to deal with all the ancillary literature regarding rights, just with the official stand of the United States.

The stand of the United States in official proclamations begins with the Declaration of Independence. The Declaration speaks of certain "inalienable rights" with which we are endowed by our Creator. Following on through the Constitution and into the Bill of Rights is this concept of rights that exist outside government. This is an important distinction, that rights exist which are not conferred by government on its citizens. While this concept is neither original to the Founders nor unique in philosophy to them, what was novel was its codification into a form of government. That is the crux of the matter, it was unheard of for government to recognize that its standing in some matters was precluded by pre-existing Rights. Governments let people do things, they allowed it, this was totally new. It still is an almost outrageous concept, one that is ignored frequently by the beneficiaries of its existence.

The government does not allow me free speech, I have it, I have it by virtue of existence as an individual human being, the government's role is limited to guaranteeing that I have it, in the face of government's own desires or interests. To the degree that right is protected is the degree of success of our government. This is true of the entire Bill of Rights, how successful our government is can be directly derived from the degree to which it fulfills its guarantees. The entire government of the United States of America is founded on that principle, that certain rights exist outside its purview. The entire construct is built around that concept, the entire mechanism of governance is designed to function in that manner.

These people were primarily of English descent, almost entirely sociologically English in their concept of law and yet they committed the treasonous act of Rebellion against their lawful Sovereign. What they set in place of that previous government is not to be taken lightly nor to be misunderstood by distance of time, language, and culture. The concept of a government that exists beside individual rights and guarantees them is not to be cast aside in the name of security, prosperity, or any other consideration. It cannot be so and still be that form of government. And finally, no act of government, no act of Representatives can remove those rights, they exist outside the reach of government and are morally and ethically supported by any level of force necessary to sustain them.

You can find the entire Bill of Rights in November Archives under "Once Upon a Time..."