We've had some spirited conversations here over Church and State this past week. I am thankful for all of you who visit here and contribute to the conversation.
I am writing this not so much to preach to the progressives, but to establish what I believe and why I believe it. It scares me when I encounter people, especially conservatives, who believe our rights come from the constitution. They do not. I also want to say that I get wound up sometimes, but I genuinely respect the views of all my interlocutors and I greatly appreciate that you take the time to come here and debate.
A Living Document or Carved in Stone?
Progressivism depends upon a "living document" constitution, malleable and subject to modern reinterpretations, while strict constructionists insist the only valid manner of "reinterpretation" is to go through the amendment process. I am a strict constructionist, but I can see the other side's point.
But anyway, here is my argument...
Natural Rights: The Philosophical Foundation of our Constitutional Republic
Our founding fathers were born in the age of the divine right of kings. The ruler was the lawgiver. Some were tyrants about it, others were merely capricious, while some were downright enlightened in their rule. England's Glorious Revolution restored some power to the people, but Parliament came to be seen as capricious, issuing commands that violated personal sovereignty instead of discovering and enshrining broadly applicable principles as they existed among the people.
The founders based their political philosophy upon concepts explained in Locke's Second Treatise. All people possess the natural rights of life, liberty and property. Man exists in a state of nature, but as Hobbes observed, life there is
"solitary, poor, nasty, brutish, and short," so people gather in clans and communities where mores and societal norms spring forth and evolve.
Further, societies make rules to guarantee the rights of all. As such, Enlightenment minds considered "lawmaking" an abomination. "Law discovery" is a concept more fitted to a free people, for it presupposes that laws naturally exist by history and custom of a people. Lawmakers and judges merely discover and enunciate them as the need arises. A radical concept, but our founders were radical men.
Our Constitution Binds the Government, Not the People
They wrote the constitution to charge the federal government with specific responsibilites like national defense and regulating certain activities among the states. It was written to regulate the behavior of government, not that of the citizens. It was also written with man's natural rights in mind, which is why it is short on strictures on human behavior.
In the founders' minds, there were two spheres, the public and the private. Man is the sovereign of his personal sphere and government may not intrude upon it so long as a man does not intrude upon the personal sphere of another. Government may not compel a man to surrender property to another man, or press him into involuntary service unless it is specifically stated in the constitution, such as military service.
It is significant that the only
positive rights mentioned in the constitution are legal rights that protect the citizen from the state, such as habeas corpus, representation, speedy trial, etc. All other rights mentioned are
negative ones, essentially the right to conduct your own affairs as you see fit so long as you allow others to do the same.
There are no rights to food, or shelter or other material things. Indeed Hamilton and others argued against a Bill of Rights because they feared craven officials would use such a list to claim that other rights were excluded since they were not mentioned, or that listing them would give a pretext for government to claim to be the source of them and therefor subject to the whims of presidents and legislators.
We have no positive rights granting us the property of others
There is no right to health care, and there is no right to have others pay for it. It doesn't exist. To those who insist it does, I ask you then why you are not vociferously arguing against any religious exemption, especially the one that exempts churches from providing these services to employees? If it is a right, it may not be violated.
Does the federal government have the authority to tell a business to give things away? That's what Obama's tissue-thin fig leaf of a compromise does. It commands insurance companies to give stuff away. If the government can do this, why not command grocery stores to give food away? Better yet, solve the birth control issue by decreeing that all birth control products are free. All someone has to do is walk in and take them.
This is the lala land we find ourselves in when government intrudes upon our personal sphere. It has no business there, it violates the constitution, and leads to much illogic. If goverment can tell you what kind of insurance you must provide your employees, why can't it tell you what kind of food to eat?
The reason it cannot is because nothing in the constitution authorizes it to invade the private realm of the individual. To say otherwise is to expose us all to the whims of our elected officials and their army of bureaucrats. It is tyranny.
Links:
Second Treatise of Civil Government - John Locke
US Constitution
Federalist Papers
See also Chapters 11, 12, and 14 of Hayek's The Constitution of Liberty (Sorry, no linky love!)