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For decades, U.S. citizens have relied exclusively upon the U.S. Constitution and its Bill of Rights for the definition and protection of their rights. As a result, they have retained only those "rights" which can be construed from their constitutional paperwork, and have lost all others.2 The "rights" associated with so-called due process are an excellent example of this. The U.S. Bill of Rights acknowledges due process rights only for criminal cases; U.S. citizens have those rights only in criminal cases. This limitation of rights has resulted, however, not from constitutional deficiencies (which certainly exist) but from the ignorance or inattention of the U.S. citizens themselves. That is, the failure of the U.S. Bill of Rights to acknowledge certain rights doesn't operate to destroy those rights. Indeed, such failure has, in and of itself, no effect upon the rights at all. Rights existed prior to the U.S. Bill of Rights, they can exist beyond its purview, and they might even exist after its demise. If U.S. citizens want (for example) the right to remain silent in a civil case, they can have the right by insisting, consistently and en masse, upon that right. Recourse to constitutional authority is neither necessary nor desirable. More fundamentally however, before U.S. citizens can retrieve lost rights, they must understand the idea of rights. They must stop demanding as rights things which they cannot accomplish for themselves; those things are not rights. They must stop asking their government for permission to do things which ought to be rights; asking permission to exercise a right sacrifices the right. They must reach some consensus regarding what is and what isn't acceptable behavior. A right need not be something of which they approve, but it must at least be something that they will tolerate. And finally, they must recognize that so-called artificial persons (corporations) have powers, but not rights. In general, so long as people rely upon their governments to define, supply, and protect their rights, they will not have rights. While they rely upon their institutions for empowerment, they will have no power. If they want to be free, they must do it for themselves; neither the acquisition nor the defense of liberty can be delegated.
by Sam Aurelius Milam III I've been hearing suggestions advocating the routine "DNA fingerprinting" of babies at birth. Do you want your children tagged for life, before they're old enough to give informed consent? Do you know for sure what the FedMeds do with your blood after a routine blood test? Is it still possible for you to say "No"? How long can you wait to solve this problem before it's too late? |
by Bob Alexander Social Contract between an individual and the United States Government
Signature _____________________________ Date __________________________ Copyright 1989 by Robert E. Alexander. May be distributed freely. |
Frontiersman
If you don't want to keep receiving this newsletter, print RETURN TO SENDER above your name and address, cross out your name address, and drop the newsletter back in the U.S. mail. When I receive it, I'll terminate your subscription. Back issues or extra copies of this newsletter are available upon request. Permission is hereby granted to reproduce this newsletter in whole or in part, provided that the reproduction is accurate and that proper credit is given. However no such reproduction may under any circumstances be sold or redistributed for profit. I solicit letters, articles, and cartoons for the newsletter, but I don't pay for them. Short items are more likely to be printed. I suggest that letters and articles be shorter than 500 words, but that's flexible depending on space available and the content of the piece. I give credit for all items printed unless the author specifies otherwise. Unless the author provides instructions to the contrary, I'll credit the author by name and town (or whatever) of residence. This newsletter isn't for sale. If you care to make a voluntary contribution, you may do so. The continued existence of the newsletter will depend, in part, on such contributions. I accept cash and postage stamps. I don't accept checks, money orders, anything that will smell bad by the time it arrives, or anything that requires me to provide ID or a signature to receive it. In case anybody's curious, I accept gold, silver, platinum, etc. I'm sure you get the idea. The rule of law is essential to a free society. We obey the law so we do not have to obey other men. Most of us assume that the Magna Carta (1215 A.D.) established the rule of law as the foundation of the British and American legal systems, but the rule of law is in reality thousands of years old. According to Nobel Laureate F. A. Hayek, the Greek concept of isonomia has gradually developed into "equality before the law," "government of law," and "the rule of law." Unwritten codes of conduct honored by ordinary people in their daily lives have also helped secure the rule of law. For example, there is near universal understanding of the principle, "third man out." When two men are brawling, the crowd may eject a third who enters the fray. All civilized people also agree that crimes like rape, assault, and murder must be punished and that private property and civil rights must be protected. But what is most important to remember about the rule of law is that it depends on the voluntary adherence of citizens and the separation of powers, which protects citizens from the arbitrary authority of the state. The antithesis of the rule of law is not anarchy but a tyranny of laws. When there are state-enforced rules for every occasion, the state is omnipotent. The Roman historian Tacitus said it best: "The more corrupt the Republic, the more laws." Too many laws destroy the rule of law because individuals will not voluntarily honor them. And when they do not voluntarily honor the law, society disintegrates.
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