Wednesday, September 11, 2013

The Northern Wall: Protecting Our Liberty

Yesterday on September 10, 2013, the exempt America Rally occurred.  The purpose of this rally was to encourage leaders in Congress to defund Obamacare as part of the continuing resolution.  Since I am writing this on the 10th, I do not have any attendance figures but for everyone attending the rally, there are hundreds, possibly even thousands, of who did not attend because they either could not afford it or had to work but we are there in spirit. 

Today is also the anniversary of the attack on our nation 12 years ago.  12 years ago a group of radical Islamists attacked our nation taking the right to life away from 3000 innocent Americans and attempted to steal the liberty of the rest of the nation.  Our President responded to these radicals with force and their attempt to steal our liberty failed.  However, since 1913, liberal progressives have been incrementally doing what these radical Islamists could not do with their terrorist attacks.  For the Republican Party to become strong once again, they need to become the party dedicated to the restoration of the eroding liberties of the nation. 

After winning independence from England, our founders began the process of forming this nation.  Their greatest concern was that they place safeguards in place, protecting the citizens from going from one tyrannical government to another.  This is why our Constitution divides our government into three branches that each having the ability to check and hold in balance the other branches.  Even though there is no specific declaration of this separation in the Constitution, the Constitution implies it in the structure of the government.  The Constitution gives legislative power to the bicameral Congress, executive power goes to the President, and judicial power goes to the Supreme Court and the lower courts, which Congress establishes through legislation.  (1)

The founders believed that the separation of powers prevented the concentration of power, which they believed to be the root of tyranny.  (1)  However, after ratification of the Constitution, amendments were offered to place limits on what the newly formed Federal government could do.  We now call these amendments the Bill of Rights. 

Federalists were initially against adding a bill of rights to the constitution believing that it would imply that government had the authority to restrict speech, the practice of religion etc. that could only be stopped by the addition of a bill of rights.  However, Madison, once in opposition to a bill of rights changed his mind.  Part of the reason for his change of mind was a belief that the people were ultimately responsible for protecting their rights and viewed the addition of the first ten amendments to the constitution as a way of informing the public of their rights.  (2) 

Perhaps Madison was correct though in his original thinking that the addition of a bill of rights would make government think it had powers not specifically prohibited in the Constitution or bill of rights.  This was evident when Supreme Court Justice Antonin Scalia believed a law requiring everyone to carry a national ID card was constitutional since it was not specifically prohibited in the Bill of Rights.  (3) 

When we look at the language used in the Bill of Rights it represents a list of things the government is prohibited from doing (i.e. restricting speech, religion, the press, the right to bear arms, etc.) and does not empower government in any way.  (4)  For Justice Scalia to imply that the absence of specific language in the Bill of Rights prohibiting a national ID card as a carte blanche for the government to require citizens to carry one is an example of how liberal progressives read things into the Constitution that are not there and in so doing, limit our liberties. 

Unhappy with the limitations placed on the government by the Bill of Rights, FDR proposed a second Bill of Rights.  He proposed:

The right to a useful and remunerative job in the industries or shops or farms or mines of the Nation;
The right to earn enough to provide adequate food and clothing and recreation;
The right of every farmer to raise and sell his products at a return which will give him and his family a decent living;
The right of every businessman, large and small, to trade in an atmosphere of freedom from unfair competition and domination by monopolies at home or abroad;
The right of every family to a decent home;
The right to adequate medical care and the opportunity to achieve and enjoy good health;
The right to adequate protection from the economic fears of old age, sickness, accident, and unemployment;
The right to a good education.  (5)

This second Bill of Rights differs from the original Bill of Rights in that it specifically spells out items FDR believed the government was empowered and had a duty to provide for each citizen.  Even though FDR did not live long enough to implement his plan, liberal progressives have incrementally implemented much of his plan. 

If we could impeach a President for plagiarism, Obama could be impeached over his use of FDR’s Second Bill of Rights in his 2013 State of the Union Address.  If FDR were alive today and saw what our government is doing with Obamacare, he would no doubt believe the government had finally developed a program to provide medical care and good health for each citizen. 

However, nothing is free and Obamacare comes at the cost of many of our liberties.  The Commerce Clause of the Constitution affirms the right of the government to regulate commerce but does not allow it to force citizens to partake in commerce.  (6)  By upholding the Individual Mandate, the Supreme Court in essence empowered the government to require citizens to engage in commerce (i.e. purchasing health insurance).  (7)  What next, is the government going to tell us what kind of car to drive, what to eat, or where to live.  

In addition to the violation of individual liberties by requiring citizens to purchase health insurance, the Supreme Court decision also violates the right of citizens to freely practice their religion.  This is because the law also requires religious hospitals, charities, and schools to provide health insurance that covers birth control and abortion inducing drugs, in violation of their faiths.  (8)

These attacks on individual liberty present a golden opportunity for the Republican Party to become the party of liberty.  Unfortunately, moderates in the party appear to want bigger government as well with the only difference being in that they want to grow the government at a slower pace.  To become strong once again, the Republican Party must dedicate itself to the founder’s desire for a country dedicated to preserving individual liberty.  This means letting go of the power of big government and empowering their constituents by shrinking the size and scope of government its intrusion into the lives of citizens. 

I believe this is a winning path for it empowers the citizens of the nation to pursue their dreams and goals which are what built this great nation. 

1. UMKC. Separation of Powers. law2.umkc.edu. [Online] [Cited: September 10, 2013.] http://law2.umkc.edu/faculty/projects/ftrials/conlaw/separationofpowers.htm.

2. Ph.D, Joseph Postell. Securing Liberty: The Purpose and Importance of the Bill of Rights. www.heritage.org. [Online] The Heritage Foundation, December 14, 2007. [Cited: September 10, 2013.] http://www.heritage.org/research/reports/2007/12/securing-liberty-the-purpose-and-importance-of-the-bill-of-rights.

3. OnPower.org. The Constitution and Bill of Rights. www.onpower.org. [Online] [Cited: September 10, 2013.] http://www.onpower.org/crises_constitution.html.

4. Hillsdale College. The Constitution of the United States of America. [book auth.] Hillsdale College. The U.S. Constitution: A Reader. Hillsdale MI : Hillsdale College Press, 2012.

5. Roosevelt Institute. FDR’s Second Bill of Rights: ‘Necessitous Men are not Free Men’. www.rooseveltinstitute.org. [Online] Roosevelt Institute. [Cited: September 10, 2013.] http://www.rooseveltinstitute.org/new-roosevelt/fdr-s-second-bill-rights-necessitous-men-are-not-free-men.

6. Szydlowdki, Julie. Guest column: ObamaCare an attack on individual liberty. www.soourcenewspapers.com. [Online] Advisor & Source Newspapers, April 3, 2012. [Cited: September 10, 2013.] http://www.sourcenewspapers.com/articles/2012/04/03/opinion/doc4f761b1a2f2fa560338313.txt.

7. Kenny, Jack. Supreme Court Sidesteps Commerce Clause, Cites Tax Power, Says ObamaCare Is Constitutional. www.thenewamerican.com. [Online] New American, June 28, 2012. [Cited: July 30, 2013.] http://www.thenewamerican.com/usnews/health-care/item/11897-supreme-court-sidesteps-commerce-clause-cites-tax-power-says-obamacare-is-constitutional.


8. Addington, David S. Blunt the Attacks on Religious Liberty: Repeal Obamacare. blog.heritage.org. [Online] The Heritage Foundation, February 29, 2012. [Cited: September 10, 2013.] http://blog.heritage.org/2012/02/29/blunt-the-attacks-on-religious-liberty-repeal-obamacare/.

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