Posted on 07/02/2005 8:13:29 AM PDT by appalachian_dweller
This past term, the Supreme Court handed down two rulings that will have a catastrophic effect on our personal freedom.
In Gonzales v. Raich, the court ruled that the Constitution's clause to "make regular" interstate commerce permitted federal agents to raid the home of a sick woman and confiscate the six marijuana plants she was growing for her own medication — all in a state whose population had overwhelmingly voted to legalize medical marijuana.
In Kelo v. City of New London, the court found that the phrase "public use" in the Fifth Amendment allows local governments to snatch land from law-abiding people, and sell it off to wealthy developers.
(Excerpt) Read more at foxnews.com ...
I've read that only half the colonists were in favor of breaking away from the the British crown. That means that half the people were content to live under tyrany.
IMHO, we are living under tyrany now. Many are content to keep the status quo.
Is it possible to peacefully regain our God given rights?
They've got us right where they want us. We can't fight the federal government financially or by show of force. We would lose both battles. We have been neutered and it is our own fault. Just like the feds are selling out to China and the U.N., we sold out to them for a few small crumbs of freedom. Bush and his cronnies, to include the Clintons have taken us down the fast road to the New World Order. We now live in fear of our personal property being confiscated, we have become the "America's", we have allowed our Constitution to be shredded. What is left?
Unlike the colonists, we can vote.
This past term, the Supreme Court handed down two rulings that will have a catastrophic effect on our personal freedom.
In Gonzales v. Raich, the court ruled that the Constitution's clause to "make regular" interstate commerce permitted federal agents to raid the home of a sick woman and confiscate the six marijuana plants she was growing for her own medication — all in a state whose population had overwhelmingly voted to legalize medical marijuana.
In Kelo v. City of New London, the court found that the phrase "public use" in the Fifth Amendment allows local governments to snatch land from law-abiding people, and sell it off to wealthy developers.
Both cases will have negative repercussions for liberty that reach far beyond their specific facts.
The Founding Fathers understood that every right we have emanates from our right to private property. In this sense, "private property" means not only the right to one's home and land, but also the right to own the product of one's labor.
James Madison, the father of the U.S. Constitution, wrote in 1789: "A man is said to have a right to his property, he may be equally said to have a property in his rights. Where an excess of power prevails, property of no sort is duly respected. No man is safe in his opinions, his person, his faculties, or his possessions."
Every right we have stems from government's recognizance that we, the people, are born with our rights intact. We own them. We have property in them. We voluntarily forfeit some of these rights to government, in exchange for protection from outside threats, the administration of justice and the rule of law.
The purpose of the U.S. Constitution, then, is not to tell us what rights we have. We're born with the right to do as we please, so long as we don't harm anyone else.
The Constitution's purpose is to outline what rights we give to the government, and to firmly define the limits of government power.
Unfortunately, this isn't widely understood.
Commonly, we hear people say things like, "Where in the Constitution does it say you have the right to smoke a cigarette?" Or, "Where in the Constitution does it say you're allowed to look at pornography?"
James Madison worried about questions like these. He feared that if we included a Bill of Rights in the Constitution, people would eventually come to assume the rights it listed would be the only rights we have. Others felt some rights — speech, arms, etc. — were so vital as to merit explicit mention.
As a compromise, they included the Ninth Amendment (search), which says that the enumeration of some rights should not be construed to exclude rights not enumerated. So to answer the questions above, your rights to smoke a cigarette or consume pornography are both in the Ninth Amendment.
This is why the decision in Gonzales is so important — and so devastating. While the Supreme Court has smothered the Ninth Amendment for decades, Gonzales may serve as its obituary.
If the Ninth Amendment doesn't protect a man's right to consume whatever medicine might give him relief from pain — or that in some cases could save his life — what's left for the amendment to possibly protect?
If the Supreme Court killed off the Ninth Amendment with Gonzales, Kelo in many ways represents the culmination of its complete disregard for even our explicitly enumerated rights.
Go back to Madison's quote above. A government that doesn't respect the title to your land is in all likelihood a government that will in time lose respect for your property in your right to speech, arms and due process. And indeed in recent years, with help from the Supreme Court, government at all levels has run roughshod over even our explicitly enumerated rights.
With increasingly restrictive campaign laws, for example, we've lost the most important of our First Amendment (search) protections — the right to criticize the people who govern us at election time.
The Second Amendment (search) has been trampled by gun-control legislation. In our nation's capital, for example, guns of any kind have been all but outlawed.
The Patriot Act (search) and a spate of Supreme Court "Drug War" decisions have rendered our Fourth Amendment (search) protections from warrantless searches meaningless. Our Fifth Amendment (search) right against self-incrimination has been diluted in many contexts, and outright suspended in others (drunk-driving cases, for example).
Many prosecutors treat the grand-jury provision not as a criminal protection, but as an invitation to abuse. And, of course, Kelo wrecked the Fifth's protection against property-taking. These are really only cursory examples. There are many more.
In this sense, Kelo's symbolic significance is probably more damaging than its practical application. By deferring to state and local governments, who may now seize property for virtually any reason at all, the Supreme Court has announced its complete disregard for private property.
This means that America may have finally achieved Madison's dim vision: "An excess of power" now prevails, and we're now living under a government that neither respects our right to property, nor acknowledges the property we own in our rights.
Perhaps this isn't the cheeriest of columns to write over Independence Day. But it's certainly appropriate. Thomas Jefferson famously wrote that, "eternal vigilance is the price of liberty." We obviously haven't been vigilant enough.
Coincidentally, July 4 marks not only the birth of America, but the death of two of its founders — Jefferson and John Adams both died on this day in 1826, the 50th anniversary of America's independence.
Perhaps we should mark the date not only by celebrating America's independence, but by working to insure that this July 4 doesn't also mark the death of the ideas that animated its founding.
Radley Balko maintains a Weblog at: www.TheAgitator.com.
We never lose our rights. We only get prosecuted for exercising some of them.
I propose a new mandate:
Government is not empowered to force Citizens to do anything nor can it penalize a Citizen for not doing something, except for the following:
The use of force or financial penalty can only be applied against a Citizen when contracts are breached and/or an injured Citizen files a complaint and can prove damages.
And for good measure:
Any public servant or elected official's term of employment can be immediately terminated without cause upon the whim of two Citizens.
Let the fun begin.
;>
I for one would think... that the people are not worthy of that liberty. You can not free someone who does not want to be set free.
<< I've read that only half the colonists were in favor of breaking away from the the British crown. That means that half the people were content to live under tyrany. >>
Seventy Per Cent were content.
Fewer than thirty Per Cent of those who were then Americans
participated in our nation's War of Independence.
In case you haven't heard it, the Founders were terrorists!
Well, Brian Williams of MSNBC opined to the TV audience that England probably considered the America's rebel colonists were terrorists. Therefore, should we now conclude that terrorism founded the USA? Therefore, we should embrace or at least tolerate Muslim terrorists?
The world of reason is upside down...
"In Kelo v. City of New London, the court found that the phrase "public use" in the Fifth Amendment allows local governments to snatch land from law-abiding people, and sell it off to wealthy developers."
Why shouldn't the property owners have the option to sell at an inflated price to wealthy developers? Is it that property owners get "fair market price" from local government, and then local government sells it at an inflated price? Can the local government put a lien on the property preventing property owner from preemptively selling his own property?
Obviously, re: the cited case, there is collusion between the local politicos and the wealthy developer.
The Supreme Court decision is a disgrace.
The Supreme Court is a disgrace.
There, that's better.
"Unlike the colonists, we can vote."
Except for the Supreme Court jurists, who have become more of a shadow government than George Noory ever knew about.
There were about 3.75 million Americans at the time of the Revolution and of those, about 500,000 African Americans, most of whom were slaves.
The biggest battle of the RevWar was the Battle of Brooklyn (sometimes called "Long Island") where the Brits and Hessians had about 22,000 men at arms while General Washington had about 10,000. At its lowest point, the Continental Army was down to about 2,500 able bodied men (this does not count the state militias).
Have a great Fourth.
Uhhhh...a neat pic of Nelson Rocks came up, then all I got was the red x.
I always read that a 1/3 wanted independence, a 1/3 wanted to remain loyal to the crown and the other 1/3 just didn't give a rat's . . .
I don't disagree with your conclusion on living in tryrany at present.
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