Why Liberty Dies May 15, 2014
Posted by Dr. Robert Owens in Politics, Politiocal Philosophy.Tags: Dr. Robert Owens, EPA, federal bureaucracy, IRS, liberty, Obama agenda, Progressive agenda
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To understand why liberty is imperiled in our country today we must first state clearly and unequivocally what is liberty. Then and only then can we understand what is necessary for its preservation as well as see what is undermining it today. Liberty is the absence of coercion and the freedom to act upon your own will within the perimeters of not infringing the freedom of action of others. The only way that has been found among the societies of man to ensure, promote and protect liberty is through the rule of law.
The rule of law means that government is not allowed to coerce an individual except through the enforcement of a previously known and explicitly stated principle of limited government. This principle places a limit upon the power of government to legislate by calling into question what sorts of laws are legitimate and which is not. This looks beyond individual statutes to the very nature of legislation itself. This differs markedly with the modern notion of the rule of law that holds as long as all the actions of a government comply with the law it is meeting the standard. It is well to remember that under this definition both the Nazis and the Soviets operated under the rule of law.
This modern definition is actually an oxymoron. If a government passes a law which says that it can do whatever it wants than everything it does is legal. Hitler passed the Enabling Act and accomplished this in one fell swoop.
Because the rule of law is an absolute limitation on all legislation it cannot be a law of the same order as that passed by a legislature. No Legislator can effectively limit himself through legislation since he can always amend that legislation at a later date. Constitutions can make the infringement of pre-decided basic principles more difficult; however, as we have seen in our own Progressive land of the Living Document limitations can be re-defined away through courts and tradition.
The rule of law can only prevail where its basic principles are an organic part of the culture of the people. They must be part of the commonly held beliefs and standards of a majority of the people or they will be jettisoned as soon as they restrain that majority from following the path of least resistance and living as they believe they should. For if the rule of law is the common belief it will be followed closely and guarded jealously. If it is seen as impractical or as an impediment to life as the majority wish to live it, it will be soon rejected and replaced. Such a society will gladly embrace tyranny and arbitrary rule as long as they are convinced that they can now live as they want to live.
In our nation we have built a rather impressive framework to restrain the government: our Constitution. Though it has been interpreted into meaninglessness in many ways it is still given lip service and is still the penultimate law of the land. However there is one glaring hole that is currently being exploited to make an end-run around its remaining provisions: the rise of the Federal Bureaucracy.
We have gone to great lengths to limit what powers the elected officials of our government possess and left open the door for appointed officials to run rough shod over our lives. The legislature passes vague thousand page laws and then the bureaucrats interpret them any way they desire with little or no oversight. Elected officials, even the perpetually re-elected gerrymandered creatures of today come and go. The bureaucracy lives forever. When the elected officials cannot find the power to impose the Progressive agenda they do it through the bureaucrats they have appointed.
When they couldn’t pass Cap-N-Trade, they imposed it through the EPA. When they can’t pass gun restrictions they have their bureaucrats buy up all the ammunition and make it almost impossible for the people to obtain any. When they can’t pass amnesty they impose it through regulations and edicts. The control of private land is taken through wet lands regulations. Between the out of control legislators-for-life and their appointed regulators we are told to do everything from what kind of light bulbs to buy to how many gallons we can use to flush a toilet.
Liberty is being eaten away inch by inch and day by day, legislated, and regulated into oblivion. When our government can’t pass laws or impose regulations they will utilize the IRS, the NSA or anyone of a hundred of their alphabet agencies to spy on us or intimidate us into silence. Common Core is coming for the kids. Amnesty is coming for the jobs. Political Correctness is coming for free speech.
Unless patriots stand-up the country will fall. It will still be called the United States of America. People will still say the pledge of Allegiance. They will still sing the national anthem and salute the flag but will it be the same country that our forefathers fought and died for? Will it still be the land of the free and the home of the brave? Or will it be something else: a place where the rule of law once protected its citizens from the rule of men until the laws of men overwhelmed the laws of nature and of nature’s God?
Jean-Jacques Rousseau one those who inspired the Framers of the Constitution reminded us, “Free people, remember this maxim: we may acquire liberty, but it is never recovered if it is once lost.”
Barry Goldwater said, “Equality, rightly understood as our founding fathers understood it, leads to liberty and to the emancipation of creative differences; wrongly understood, as it has been so tragically in our time, it leads first to conformity and then to despotism.”
The enemies of freedom also speak of liberty. Vladimir Lenin said, “It is true that liberty is precious; so precious that it must be carefully rationed.”
Benito Mussolini said, “The truth is that men are tired of liberty.
The controllers of men may try to use the language of liberty to subvert liberty however, the God given spirit of man shall always strive to become what God meant for us to be, free people in a free world.”
Norman Vincent Peale said, “Once we roared like lions for liberty; now we bleat like sheep for security! The solution for America’s problem is not in terms of big government, but it is in big men over whom nobody stands in control but God.”
Winston Churchill told us, “If you will not fight for right when you can easily win without bloodshed; if you will not fight when your victory is sure and not too costly; you may come to the moment when you will have to fight with all the odds against you and only a precarious chance of survival. There may even be a worse case. You may have to fight when there is no hope of victory, because it is better to perish than to live as slaves.”
And every school child should know that Patrick Henry famously said, “Is life so dear or peace so sweet as to be purchased at the price of chains and slavery? Forbid it, Almighty God! I know not what course others may take, but as for me, give me liberty, or give me death!”
Why does liberty die? Because the people allow it.
Dr. Owens teaches History, Political Science, and Religion. He is the Historian of the Future @ http://drrobertowens.com © 2014 Contact Dr. Owens drrobertowens@hotmail.com Follow Dr. Robert Owens on Facebook or Twitter @ Drrobertowens / Edited by Dr. Rosalie Owens
Why Do They Lie to Us? May 8, 2014
Posted by Dr. Robert Owens in Politics, Politiocal Philosophy.Tags: Benghazi scandal, Clinton Scandal Benghazi, Dr. Robert Owens, Government lies, IRS scandal, mainstream media bias, Obama cover-up, Obama’s lies, Obama’s scandals, unemployment figures, unemployment rate
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When faced with the highest levels of unemployment in American History why does the government trumpet a falling unemployment rate? In the face of overwhelming evidence of ineptness at best in Benghazi why do our hacks and their flacks insult us with answers like, “Dude this was two years ago!” With the obvious politicization of the IRS why does the president tell us there isn’t even a smidgen of corruption in the IRS while professional bureaucrats who really run this country take the 5th, stonewall, and lie?
The Corporations Once Known as the Mainstream Media regales us with oxymoronic statements such as, “Despite the unemployment rate plummeting, more than 92 million Americans remain out of the labor force.” The Great Recession grinds on in the lives of everyday working people while our leaders talk about a recovery that only benefits them and their cronies.
The shoes in the Benghazi scandal continue to drop finally reaching the point where go-along to get-along John Boehner has agreed to allow the House to vote on the establishment of a select Committee so that this long simmering embarrassment can hopefully come to the truth. But then again, “What difference at this point does it make?”
Article 2 section 1 of the Articles of Impeachment filed against President Nixon was about the abuse of power. It stated, “He has, acting personally and through his subordinated and agents, endeavored to obtain from the Internal Revenue Service, in violation of the constitutional rights of citizens, confidential information contained in income tax returns for purposes not authorized by law, and to cause, in violation of the constitutional rights of citizens, income tax audits or other income tax investigation to be initiated or conducted in a discriminatory manner.”
Now 40 years later, under the Obama regime, the taxman cometh. When massive harassment of conservative groups by the IRS came to lightas reported in The Daily Caller (DC) we were told:
- Progressives were targeted, too
For months, Democrats and the media relied on the talking point that progressive groups also ended up on an IRS “Be on the Lookout” list while the agency was auditing and seizing information from conservative groups. But as TheDC reported, IRS agents testified before the House oversight committee that the IRS scrutinized ACORN groups because it thought they were old groups applying as new ones; the group Emerge America was scrutinized for potential “improper private benefit;” and no evidence exists to prove that the IRS targeted any Occupy Wall Street group.
“Only seven applications in the IRS backlog contained the word ‘progressive,’ all of which were then approved by the IRS… [T]here is simply no evidence that any liberal or progressive group received enhanced scrutiny because its application reflected the organization’s political views,” according to an oversight committee staff report.
- No White House involvement
“Not necessarily the White House” was the phrase that some Democratic “strategist” used when attacking one of our Daily Caller stories on cable television last year. He meant that while the IRS may have been corrupt to its very Washington core, President Barack Obama and Valerie Jarrett have not yet been photographed sifting through tea party applications at a desk in the Lincoln Bedroom.
But we do know, however, courtesy of The Daily Caller’s reporting, that Lerner exchanged confidential taxpayer information on conservative groups with White House officials including White House health-policy adviser Ellen Montz and Deputy Assistant to the President for Health Policy Jeanne Lambrew, who just happened to be the most powerful official on Obamacare implementation within the White House.
- A couple of rogue agents in Cincinnati
Ah, yes. The “WKRP in Cincinnati” Theory of 2013. You know the episode where the wacky characters in the Cincinnati office make a little “whoops” and take it upon themselves to target conservatives nationwide? A team of reporters from The New York Times, including dreamboat Nicholas Confessore, even went to bat for the administration on this theory last year, publishing a disgraceful article about Ohio-based “confusion” and “staff troubles” among “Low-level employees in what many in the I.R.S. consider a backwater.”
But at least five different offices ranging from Chicago to Laguna Niguel, CA. were engaging in this kind of “confusion,” and the whole excuse got torn down like Riverside Stadium. A Cincinatti-based IRS official said that Washington “was basically throwing us under the bus.” The bus to the world-renowned American Sign Museum.
- Lerner can still cite the Fifth Amendment
That’s what her lawyer, Bill Taylor, wrote in a recent letter to Speaker of the House John Boehner and Majority Leader Eric Cantor, calling a possible contempt vote “un-American.” But it’s just not true. Lerner waived her Fifth Amendment privilege when she made a statement attesting to her innocence at a May 2013 oversight hearing. The oversight committee and U.S. House counsel both determined as much.
- It could take years for the IRS to get all of Lerner’s emails
That’s what new IRS Commissioner John Koskinen, who has been threatened with contempt himself, told oversight investigators. But the independent group Judicial Watch managed to obtain emails showing Lerner coordinating with the Department of Justice to potentially prosecute conservative activists. It only took Judicial Watch one Freedom of Information Act request to get that stuff. “Now I see why the IRS is scared to give up the rest of Lois Lerner’s emails,” said oversight member Rep. Jim Jordan.
- Don’t worry, federal government investigators are on top of things
Eric Holder’s Department of Justice tapped an Obama political donor to head its investigation. FBI investigators went months without contacting the conservative groups that were victimized by the IRS targeting, and leaked to the press that no criminal charges would be filed in relation to the case before much of the relevant information we currently have even came out.
The Obama administration’s investigation of the scandal was such a joke that House Judiciary Committee Chairman Rep. Bob Goodlatte accused Obama and Holder of “undermining” investigators on multiple occasions, and joined with other House GOP leaders in calling for a special counsel to prosecute the case.
But if the investigation was a joke, here’s the punchline: The Justice Department has been the only investigative body to ask Lois Lerner any questions, at an off-the-record “Q+A” that was not under oath.
- Only tea party groups were targeted
Good for the IRS for taking a firm stand against all those wacky tea party groups popping up out in Palookaville trying to exercise their little “First Amendment rights.” Bunch of Koch-funded rednecks.
But oh wait: The IRS also audited the Leadership Institute, founded by Morton C. Blackwell, which has been one of the Washington area’s foremost conservative activist training organizations since 1979, even demanding personal information about the institute’s college-aged interns. Oh yeah, and the IRS also told a pro-life group “you can’t force your religion” and tried to stop pro-life activists from picketing Planned Parenthood clinics.
- The targeting is over now
Sure it is. Just ask Ron Paul and his group Campaign for Liberty’s donors about that.
Why do they lie to us?
The easy answer is because they can. The major media has morphed from a watchdog to a lapdog barking on cue that everything is all right, there’s nothing to see here, move along.
The best government money can buy has shown us that they can safely operate on the assumption that American voters choose their leaders based on the philosophy, “I know he’s a liar but I like what he says.”
But hey there’s a game on tonight! Or as President Obama’s body double Alfred E. Newman has been known to say, “What me, worry?”
Dr. Owens teaches History, Political Science, and Religion. He is the Historian of the Future @ http://drrobertowens.com © 2014 Contact Dr. Owens drrobertowens@hotmail.com Follow Dr. Robert Owens on Facebook or Twitter @ Drrobertowens / Edited by Dr. Rosalie Owens
Why Did We Write it in the First Place ? April 25, 2014
Posted by Dr. Robert Owens in Politics, Politiocal Philosophy.Tags: Constitutionalism, Dr. Robert Owens, FDR fourth inaugural speech, higher law, law of God, law of nature, Negative Liberties, Obama agenda, Progressive agenda, Second Bill of Rights
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Besides regulating the division of authority, constitutions written to limit government must contain substantive rules. They need to establish general principles which will govern the specific acts of the legislature. Therefore the essence of a constitution involves not only a hierarchy of power and authority it also establishes a hierarchy of laws. The founding principles built into the structure of the document itself are of a general nature. They proceed from a higher authority designed to control the content of the later specific laws which are enacted by the representative and delegated legislature elected subsequent to the establishment of the constitutionally limited government.
The idea of a higher law which governs legislation is an old one. In the 1700s, at the time of the writing of our Constitution, it was known as the Law of Nature, the Law of God, or the Law of Reason. It was the idea of enshrining this higher law into a written constitution which would be the foundation for a real world government that was the genius of the Framers.
The difference between the Constitution and any subsequent law enacted by the government it founded is like the difference between laws in general and their specific application by the courts in a particular case. Just as a judicial ruling is considered sound, only if it is based upon the law and not on the mere opinion of the jurist, so too laws themselves are considered legitimate only if they conform to the higher law. In the same way that we want to prevent a judge from breaking from the law for some consideration of a specific person or idea so too we do not want the legislature to break the general rules to fulfill any immediate or temporary goals.
In the personal lives we all lead we know that often we are tempted to sacrifice long standing principles for immediate gain. This is a human trait that all share and only the highly disciplined avoid. So too legislatures, made up of fallible men, are therefore in desperate need of unbreakable higher laws which will constrain them from doing collectively what we all do individually.
Just as an individual will hesitate or at least contemplate the implications of violating a long held principle for an immediate gain so too a legitimate and responsible legislature will be reluctant to break established general laws for new specific aims. To violate a particular principle at a particular time for a specific purpose is different than saying that principle is null and void. Passing laws that either benefit or penalize specific people or making legislation retroactive is different than saying that to do so is correct. If a legislature passes laws which infringe upon the personal liberty or the property rights of individuals during a war or to achieve some monumental national goal is far different than stating that such rights can be infringed with impunity. It is to mark these differences that every piece of legislation is supposed to have a clause which identifies where the authority for it is found in the Constitution.
It is also for this purpose that general principles should not be promulgated by the legislature but instead by another body. It is appropriate that this other body should have a suitable time to deliberate so that any establishment or change in the general principles can be fully debated, considered, and amended if necessary.
It is not that a constitution provides an absolute limit on the will of the people. Looking to our Constitution, which is the model for all such documents which are truly meant to limit the power of government, there is the amendment process which has been used twenty seven times to change the higher laws of our general principles. Constitutions are meant to act as a check on the ability of a temporary majority from imposing its will in any manner it chooses. In other words, the social contract agreed to by the people who allow the governance of temporary and shifting majorities in particular situations is based upon the belief that every majority implicitly agrees to abide by the general principles which embody the higher law.
Consequently no one and no group has complete freedom to impose upon the rest of society any laws or any regulations that it wants. The very essence of constitutionalism rests upon the foundational belief that all power and authority will be exercised within the framework of the general principles and higher law that the constitution creates. People are chosen to assume power to legislate, govern, or adjudicate because it is believed they will do what is right. Not because it is believed that whatever they do is right. Legitimate authority in a constitutional system rests on the belief that power is not a physical fact but a decision on the part of the people to willingly obey.
Looking at the current situation in America today we have a president who in a 2001 interview expressed his inner most thoughts about the Constitution. He stated:
If you look at the victories and failures of the civil rights movement and its litigation strategy in the court. I think where it succeeded was to invest formal rights in previously dispossessed people, so that now I would have the right to vote. I would now be able to sit at the lunch counter and order as long as I could pay for it I’d be o.k. But, the Supreme Court never ventured into the issues of redistribution of wealth, and of more basic issues such as political and economic justice in society. To that extent, as radical as I think people try to characterize the Warren Court, it wasn’t that radical. It didn’t break free from the essential constraints that were placed by the founding fathers in the Constitution, at least as its been interpreted and Warren Court interpreted in the same way, that generally the Constitution is a charter of negative liberties. Says what the states can’t do to you. Says what the Federal government can’t do to you, but doesn’t say what the Federal government or State government must do on your behalf, and that hasn’t shifted and one of the, I think, tragedies of the civil rights movement was, um, because the civil rights movement became so court focused I think there was a tendency to lose track of the political and community organizing and activities on the ground that are able to put together the actual coalition of powers through which you bring about redistributive change. In some ways we still suffer from that.
That is as clear a statement of the way our Progressive leaders view America’s founding document, a charter of negative liberties.
As F. A Hayek told us in The Constitution of Liberty, “Only a demagogue can represent as ‘antidemocratic’ the limitations which long-term decisions and the general principles held by the people impose upon the power of temporary majorities.”
Think of what we had. Look at what we’ve got. Imagine where we’re going.
Keep the faith. Keep the peace. We shall overcome.
Dr. Owens teaches History, Political Science, and Religion. He is the Historian of the Future @ http://drrobertowens.com © 2014 Contact Dr. Owens drrobertowens@hotmail.com Follow Dr. Robert Owens on Facebook or Twitter @ Drrobertowens / Edited by Dr. Rosalie Owens
Would We the People Ratify the Constitution Today? April 18, 2014
Posted by Dr. Robert Owens in Politics, Politiocal Philosophy.Tags: Anti-Federalists, Constitution, Dr. Robert Owens, Federalists, Obama’s agenda, Progressive agenda, ratify the constitution
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We the People are the opening words of the preamble to the Constitution. Many patriots glory in that name, “We the People” holding it aloft as a banner against the encroachments of an ever expanding central government. In the minds of many it is connected somehow to Lincoln’s famous description of America’s government, “Of the People, by the people and for the people.”
Both of these were revolutionary terms when first spoken.
The people of the founding generation did not think of themselves as “Americans,” instead they saw themselves as citizens of their respective States. The thirteen colonies, with the singular exception of North and South Carolina, were each founded as separate entities. Each had its own history and relationship with the crown. They banded together for the Revolution during which they established the Continental Congress under the Articles of Confederation. This established a confederation composed of thirteen independent States.
When the secretly drafted Constitution was finally revealed to the public many of the leading lights of the Revolution were enraged by what they saw as a counter-revolution seeking to supplant the legally constituted Confederation of States in favor of a consolidated central government. Some of them say the truth was revealed in the first three words, “We the People.”
Every school child can recite the most famous words of Patrick Henry, “Give me liberty or give me death.” You probably said those words in your head before you read them once you saw his name. He is synonymous with America’s defiance to tyranny. While these famous words ring in the heads of all, few know his opinion on the Constitution.
At the Virginia Ratification Convention in 1788, Patrick Henry said,
And here I would make this inquiry of those worthy characters who composed a part of the late federal Convention. I am sure they were fully impressed with the necessity of forming a great consolidated government, instead of a confederation. That this is a consolidated government is demonstrably clear; and the danger of such a government is, to my mind, very striking. I have the highest veneration for those gentlemen; but, sir, give me leave to demand, What right had they to say, We, the people? My political curiosity, exclusive of my anxious solicitude for the public welfare, leads me to ask, Who authorized them to speak the language of, We, the people, instead of, We, the states? States are the characteristics and the soul of a confederation. If the states be not the agents of this compact, it must be one great, consolidated, national government, of the people of all the states.
Ever since the Civil War fatally warped the original federal structure and We the People became a reality the central government of the United States has assumed more and more power until today totalitarianism appears to be within its grasp. I am not referring to the crude overt totalitarianism of a Nazi Germany or a Soviet Russia instead I am referring to a soft totalitarianism, a kind of nanny state smothering of individual freedom, personal liberty and economic opportunity. After the complete subjugation of the States to the central government by the Lincoln administration combined with the increased mobility of the modern era, we the people actually became the way most people think of themselves.
In America today we have a president who in a 2001 interview expressed his inner most thoughts about the Constitution,
If you look at the victories and failures of the civil rights movement and its litigation strategy in the court. I think where it succeeded was to invest formal rights in previously dispossessed people, so that now I would have the right to vote. I would now be able to sit at the lunch counter and order as long as I could pay for it I’d be o.k. But, the Supreme Court never ventured into the issues of redistribution of wealth, and of more basic issues such as political and economic justice in society. To that extent, as radical as I think people try to characterize the Warren Court, it wasn’t that radical. It didn’t break free from the essential constraints that were placed by the founding fathers in the Constitution, at least as its been interpreted and Warren Court interpreted in the same way, that generally the Constitution is a charter of negative liberties. Says what the states can’t do to you. Says what the Federal government can’t do to you, but doesn’t say what the Federal government or State government must do on your behalf, and that hasn’t shifted and one of the, I think, tragedies of the civil rights movement was, um, because the civil rights movement became so court focused I think there was a tendency to lose track of the political and community organizing and activities on the ground that are able to put together the actual coalition of powers through which you bring about redistributive change. In some ways we still suffer from that.
That is as clear a statement of the way our Progressive leaders view America’s founding document, a charter of negative liberties. A charter that they believe needs to be expanded with a second bill of rights first proposed by FDR in his 1944 State of the Union Address,
- A realistic tax law—which will tax all unreasonable profits, both individual and corporate, and reduce the ultimate cost of the war to our sons and daughters. The tax bill now under consideration by the Congress does not begin to meet this test.
- A continuation of the law for the renegotiation of war contracts—which will prevent exorbitant profits and assure fair prices to the Government. For two long years I have pleaded with the Congress to take undue profits out of war.
- A cost of food law—which will enable the Government (a) to place a reasonable floor under the prices the farmer may expect for his production; and (b) to place a ceiling on the prices a consumer will have to pay for the food he buys. This should apply to necessities only; and will require public funds to carry out. It will cost in appropriations about one percent of the present annual cost of the war.
- Early reenactment of the stabilization statute of October, 1942. This expires June 30, 1944, and if it is not extended well in advance, the country might just as well expect price chaos by summer. We cannot have stabilization by wishful thinking. We must take positive action to maintain the integrity of the American dollar.
- A national service law—which, for the duration of the war, will prevent strikes, and, with certain appropriate exceptions, will make available for war production or for any other essential services every able-bodied adult in this Nation.
According to Cass R. Sunstein, the former administrator of the White House Office of Information and Regulatory Affairs, President Obama not only believes in FDR’s Second Bill of Rights he seeks to implement them,
As the actions of his first term made clear, and as his second inaugural address declared, President Barack Obama is committed to a distinctive vision of American government. It emphasizes the importance of free enterprise, and firmly rejects “equality of result,” but it is simultaneously committed to ensuring both fair opportunity and decent security for all.
In these respects, Obama is updating Franklin Delano Roosevelt’s Second Bill of Rights.
We are in the grip of the Federalists on steroids bent on redistributing their way to total power. The question before us today is, “Would we the people ratify the Constitution today?”
Even Conservatives believe in a safety net. Everyone contributes to and hopes to receive from Social Security. No one wants people dying in the streets because they can’t get medical care so Medicaid is available to the uninsured. Of course Medicare is considered a right for anyone over 65. Unemployment is an accepted part of the safety net as are food stamps. If you add up what is already accepted and expected then throw Obamacare into the mix and you see we have become a society addicted to entitlements all of which would fail the test of a strict interpretation of the Constitution.
The 10th Amendment says, “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.” The power to do any of these entitlements is not delegated anywhere in the document as it is written, only as it is interpreted.
So would we the people ratify the Constitution as it is written today? I think not. A living document has turned the Constitution into a dead letter and the entitlements we have all accepted have turned the descendants of the Founders, Framers, and Pioneers into supplicants standing before the federal throne waiting for a check.
Only a re-birth of self-reliance, a renaissance of historical perspective and renewed political activity have a chance to bring about a rebirth of liberty in the land of the free and the home of the brave.
Keep the faith. Keep the peace. We shall overcome.
Dr. Owens teaches History, Political Science, and Religion. He is the Historian of the Future @ http://drrobertowens.com © 2014 Contact Dr. Owens drrobertowens@hotmail.com Follow Dr. Robert Owens on Facebook or Twitter @ Drrobertowens / Edited by Dr. Rosalie Owens
Yes America Did Build That April 10, 2014
Posted by Dr. Robert Owens in Politics, Politiocal Philosophy.Tags: Adam Smith, Charter of Liberties, constitution limited government, Dr. Robert Owens, Habeas Corpus, Locke, Magna Carta, Montesquieu, Patrick Henry, Petition of Right, Rousseau, Sam Adams
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I have often been tempted to believe that the greatest contribution of the British people to the world has been the concept of a private limited liability company. It was the development of this concept that created the environment for the invisible hand of capitalism to create the dynamic free economy. And it was that free economy not conquest or empire that lifted the masses of Western Civilization out of abject poverty.
Economically that concept maybe the greatest contribution of the British to the world however when viewed as a whole the greatest contribution of the British people is the reality of a limited government in the modern world. It is limited government which has allowed the freedom and independence necessary for humanity to do what humanity was created to do: exercise its individual free choice.
The people of Great Britain, the political forefathers of American liberty, fought for centuries to establish individual freedom. Beginning as abject servants of an absolute king they struggled to carve out a space for the recognition of personal independence. Through battles and death, fire and sword, through revolution and repression the people of Britain won inch by inch a space for humanity to breathe free.
Most of us have heard of the Charter of Liberties in 1100 which declared that the King was subject to the law. The Magna Carta of 1215 asserts the writ of habeas corpus, trial by one’s peers, representation of nobility for taxation, and a ban on retroactive punishment. The Petition of Right of 1628 asserts the specific rights and liberties of England that the King is prohibited from infringing. The Habeas Corpus Act of 1679 is a procedural device to force the courts to examine the lawfulness of a prisoner’s detention. And finally, there was the Bill of Rights of 1689, the result of the Glorious Revolution, securing Parliamentary sovereignty over the King and courts.
Most of these were fought for and won for all British citizens back when the United States were 13 separate colonies proud to be part of the British Empire. Americans saw themselves as British. They believed that they had the same rights as any other British citizen and that they were not second-class citizens. It was their stand upon these rights which became the seedbed of the American Revolution.
When Americans claimed that they were British citizens with all the rights and privileges this entailed, they pointed to the charters given to the first settlers. The First Virginia Charter, signed by King James in 1606, stated clearly:
Wee doe, for us, our heires and successors, declare by theisepresentes that all and everie the parsons being our subjects which shall dwell and inhabit within everie or anie of the saideseverall Colonies and plantacions and everie of theire children which shall happen to be borne within the limitts and precincts of the said severall Colonies and plantacions shall have and enjoy all liberties, franchises and immunites within anie of our other dominions to all intents and purposes as if they had been abiding and borne within this our realme of Englande or anie other of our saide dominions.
And, the “Charter of Massachusetts Bay” which was issued in 1629 that proclaimed:
Wee doe hereby for Us, our Heires and Successors, ordeyne and declare, and graunte to the saide Governor and Company and their Successors, That all and every the Subjects of Us, our Heires or Successors, which shall goe to and inhabite within the saideLandes and Premisses hereby mentioned to be graunted, and every of their Children which shall happen to be borne there, or on the Seas in goeing thither, or retorning from thence,shall have and enjoy all liberties and Immunities of free and naturall Subjects within any of the Domynions of Us, our Heires or Successors, to all Intents, Constructions, and Purposes whatsoever, as if they and everie of them were borne within the Realme of England.
Then after popular uprisings and resistance compelled the British Parliament to repeal the Stamp Act they passed the Declaratory Act (1766), which said that the British Parliament’s taxing authority, was the same in America as in Great Britain. American’s believed that they could only be taxed with the approval of their local assemblies. In this law the Parliament also declared its complete authority to make binding laws on the American colonies “in all cases whatsoever.”
Patriots such as James Otis and Sam Adams in Massachusetts and Patrick Henry in Virginia called it treason. They insisted that this action destroyed all that their British ancestors had fought for. If you make a careful examination of the arguments of the Founders before the Declaration of Independence or if you look at the arguments set forth in that hallowed document you will see that all of the arguments were based upon the ancient rights which had been won by the British people. It was not until they realized that the solid foundation which they believed stood beneath their freedom was in reality a sand bar in the river of politics did they declare their independence and fight to win it.
Once they had won the long hard fight and proudly stood as 13 independent nations on the edge of what was becoming a trans-Atlantic civilization did they see that if they were to preserve the freedom they had won they needed something more than a tradition and stronger than a promise. This is when America made its first great contribution to the world: the concept of a written constitution. Yes America you did build that.
From their British roots and from the writings of the Enlightenment giants such as John Locke’s Two Treatises on Government (1689 and 1690), Baron de Montesquieu in The Spirit of the Laws (1748), Jean-Jacques Rousseau’s The Social Contract (1762), Immanuel Kant’s What is Enlightenment? and his Groundwork of the Metaphysics of Morals and Adam Smith’s Wealth of Nations the Framers wrote a constitution to limit government. For they realized without the binding chains of limitation any government will inevitably accumulate such power that it will eventually trample upon the rights of its citizens. Sadly we have learned that even with a written constitution the same thing will eventually occur.
Our forefathers understood that any document which establishes a government and delineates which powers belong to it, and which expressly states, “The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people” is purposefully limiting the power of the central government. In addition, this document is extremely clear in dividing the powers of government into separate parts as described by Montesquieu in The Spirit of the Laws. In this work Montesquieu proposed separating the power of government among a legislature, an executive, and a judiciary. This approach presented a government which did not centralize all its powers in an executive. There should be no imperial presidency.
It was the genius of the Framers to construct a constitution which they believed was strong enough to stand the test of time and the lust for power among those chosen to represent the people. They believed as Madison said, “The powers delegated by the proposed Constitution to the federal government are few and defined.” This is America’s great contribution to civilization: a government in chains so that the people could be free for when a government is free, the people are in chains.
Then along came the Progressive Movement, Teddy Roosevelt, Woodrow Wilson, FDR, LBJ, and now BHO. They have used the fiction of a Living Document to turn the Constitution into a dead letter. They have progressed past the limitations on the government not by following the amendment process but instead by ignoring and interpreting then calling precedent tradition. Inch by inch, step by step slowly they turned the greatest experiment in human freedom ever devised into another welfare state kleptocracy promising a worker’s paradise for those who don’t work by plundering those who do.
The blush is off the rose. The scam is plain to see. The emperor has no clothes, “If you like the plan you have, you can keep it. If you like the doctor you have, you can keep your doctor, too.” You can’t spend more than you make forever. Eventually the note comes due.
The political actions of our Framers followed the lead of philosophers so too the Progressives have followed their own philosophical leaders.
Marx taught them “From each according to his ability to each according to his need.” He also taught that capitalism will wither away and then a dictatorship of the proletariat will build a worker’s paradise. His disciples attempted to put this into practice in that great prison-house of nations: the USSR.
Lenin taught them, “The way to crush the bourgeoisie is to grind them between the millstones of taxation and inflation” and “The best way to destroy the capitalist system is to debauch the currency” and of course “The goal of socialism is communism.”
Stalin elaborated on this further, “Education is a weapon whose effects depend on who holds it in his hands and at whom it is aimed” and “Print is the sharpest and the strongest weapon of our party” and also “Ideas are more powerful than guns. We would not let our enemies have guns, why should we let them have ideas.”
Following these precepts the enemies of freedom have captured the education system and systematically worked to dumb down our people. They have captured the major media and turned it from a watch dog to a lap dog swilling out propaganda to a populace entranced by bread and circuses.
It is our duty to keep the light of freedom alive, to teach our true History, and to instill in our children and in the minds of any who will listen, limited government is essential for freedom. Let us work to restore the limits so our children may be free.
Keep the faith. Keep the peace. We shall overcome.
Dr. Owens teaches History, Political Science, and Religion. He is the Historian of the Future @ http://drrobertowens.com © 2014 Contact Dr. Owens drrobertowens@hotmail.com Follow Dr. Robert Owens on Facebook or Twitter @ Drrobertowens / Edited by Dr. Rosalie Owens