Blessings of Liberty
The laws that have been written over the past couple of decades are highly intrusive. The law extends into my bathroom, the establishments in which I like to eat and drink, and into my car. While pondering this intrusive legislation of late, I became certain that our Constitution might have something to say against this, but as I read through that, the Declaration of Independence, and the Bill of Rights, I was not surprised that I found nothing pertaining specifically to the laws that I question. I did find, however, that, according to the first paragraph of the Constitution, one of the purposes of the document is to " secure the Blessings of Liberty to ourselves and our Posterity ".
In order to better understand the meaning of that statement of the Constitution, let's briefly examine the word "Liberty". According to the Merriam-Webster Online Dictionary, "liberty" is defined to mean "the quality or state of being free". This definition, itself, is further defined to include "the power to do as one pleases", "the power of choice", and "freedom from arbitrary or despotic control". The word "Arbitrary" means "unlimited in power", and "Despotic" means "having the character of a despot", which is a ruler with absolute power.
Let's take a quick look at some other words in that phrase. To "secure" is to "be free from risk of loss". I looked up "blessing" and found it to be an "approval" or "encouragement". I also looked up "bless", and found it to mean, "endow" and "protect, preserve". Finally, "Posterity" is "all future generations".
So, in essence, the purpose of the Constitution is to, amongst other things, secure (or keep from losing) the Blessings (or endowment) of Liberty (the power of choice, the freedom to do as we please, and the freedom from an unrestrained government with unlimited power) to ourselves (the current citizens) and our Posterity (all future citizens).
Take a moment and reflect on that. Read over it several times, reflect, and then continue to the next paragraph.
One thing that I have not read in any of the foundational documentation, is anything that says "Government shall do everything it possibly can to protect the citizen from himself or the consequences of his actions or non-action." On the contrary, the documentation seems to imply that a government institution should avoid such territory.
Now, let's apply all of this to few of our current laws, and we'll see how they stand up to the Constitution.
Most of, if not all of, the fifty states have passed laws requiring the use of a seatbelt while either operating or riding in an automobile. Such legislation takes away my power of choice, as well as my freedom to do as I please. But, the Federal Government has not only neglected their duty to secure this freedom, they have actually encouraged the bad behavior on the part of the states.
Also, according to The Energy Policy Act of 1992 (H.R. 776), subsection C, sec. 123, we are not allowed to install toilets inside of our houses that exceed a water flow rate of 1.6 gallons per flush. I don't know how many people have had experience with these "low-flow" toilets, but these things are pretty ineffective. I used to work in the maintenance department of a hotel that had installed low-flow toilets in a few of their rooms. I spent a considerable about of time plunging in those rooms, and the housekeeping department tended to spend a lot of time cleaning up after the overflows. Considering that many "sittings" will require a second or third flush, these things tend to defeat their purpose. Simple math will show that you could end up using almost 5 gallons of water per sitting, as opposed to less than two. Forgetting that we all pay for our water in some fashion, we still have been stripped of our power to choose our toilets.
Next, I want to address some laws regarding the operation of a business. We must remember that the American businesses are all privately owned, as opposed to being owned by the Federal Government. (The possible exceptions to this rule would be General Motors or Chrysler, but that's a topic for another day.) Considering this, the standard business enterprise would be an extension of "the citizen", and government institutions have no business meddling in the affairs of this private commerce.
Many states have passed legislation that compels a bar or restaurant to restrict the honorable pastime of smoking to the parking lot, or some other outdoor location. Other laws ignore the right of a business owner to smoke in his office, or allow his employees to smoke anywhere that he sees fit. There is a gentleman that I am acquainted with who is truck driver. He got fined for smoking inside of a truck that he owned. Apparently, he was breaking a law against smoking in the work place. That is simply asinine. Granted, there are those that dislike smoke. Some of them have opened smoke-free establishments, and the rest have every right to patronize those, over the smoker-friendly establishments. Here, the business owner is being stripped of his power to choose the smoking policies that he believes to suit his business the best.
Further, the Employer is compelled to pay a minimum wage to an employee, and the rate gets multiplied after certain number of hours is exceeded in a week's time. The Employer is also compelled to pay for various types of insurance on his Employee. Apparently, if the Employee injures himself while he is goofing off, the Employer is responsible for all damages caused by the irresponsible Employee. Here, again, we see the powers of choice being stripped away. The Employers freedom to choose how much he wants to pay is limited. People forget that they have a right to not work for a company that pays less than they desire. It is not the responsibility of the Employer to provide the Employee with his living. We see, too, that the Employer has no choice in the matter of paying for the irresponsible Employees medical bills.
One could spend a lifetime reviewing the laws that are effective today, while comparing them to the Constitution, and would not be finished before dying, so I certainly have no intention of attempting such a feat within the confines of this essay. My point is this: let's be vigilant when it comes to legislation. Our representatives have failed to compare their proposed bills to the standards prescribed by the Constitution, so we must do it, instead. When we see a discrepancy, we need to point it out to our elected officials. Their offices are open to us, via e-mail and telephone. Let them know that they are risking your vote.
The laws that I have discussed here may have no effect on you what so ever, but I am certain that there are enough laws that stand in violation of the Constitution that everyone's Blessings of Liberty are being blatantly violated.
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Comments
I would like an article written on the proposed health care reform. Also, it would not suprise me in the least if the government limits us to single ply toilet paper in the futer. Thanks again for another great essay!
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