The Prices of Freedom

We're surely safe, now....

Our recent – and continuing – experiment with executive, unconstitutional tyranny in the name of public health, ought to wake up a nation that has been doing a poor job of conveying America’s exceptionalism and founding ideas.  At least two generations have matriculated with limited and essentially non-philosophical education about our own country’s history.  The unique responsibility that is part of and the foundation of  United States citizenship is barely mentioned, if not derogated, in government-monopoly “public” schools.

Being shut-down, locked-down, and pushed-around by a variety of state governments brings to mind the importance of our Constitution and our individual sovereignty as U.S. citizens – sovereignty that does NOT extend to non-citizens.  We are exceptional precisely because our form of government, and the IDEAS that define it are an exception to commonplace tyrannies that defined governance prior to the American Revolution.  Our nation is not an outgrowth of ethnicity or tribal history, but of a rare, exceptional set of ideas and philosophies.  One of these is that citizens are sovereign  and the federal government is formed by their consent, limited  by the Constitution that We the people created, ratified and (should) hold sacred.  If we only understood it!

It is hard to explain to Obama types who perceive the Constitution as flawed since it doesn’t list all the free stuff the federal government is obligated to give to people.  Those are they who bristle at the description, “free stuff.”  People will be paying taxes out the wazzoo for all the federal gifties, they note.

Still, as any veteran can tell us, there is a price to pay for freedom; we just don’t contemplate what that statement actually means.  A young-to-middlin’ man whom Prudence has known for his entire life, has grown to be a good observer of political fallacy, and he pointed out a good one regarding coronavirus tyranny: our freedom… our sovereign independence is not a gift from any government.  It is God-given, or, if you can’t stomach those concepts, it is a birthright if born under the Constitution, and precious.  Yet we wiil happily share it(!) with anyone who wishes to become a U. S. citizen.  That’s a gift that isn’t even offered anywhere else in the world, except somewhat in Canada and a couple other former dominions.

Freedom belongs  to the individual; it is personal, private property.  Unless we hurt others by committing crimes, no one can CONSTITUTIONALLY take our freedoms away.  Free citizens installed the constitution to limit the powers that the federal government THAT WE CREATED, could exercise on OUR behalf.  WE delineated the limits to government, not the government – not the congress – not any president except in the rare instances when the survival of the nation was threatened, war was declared by our supposed representatives, or when internal uprising threatened the nation.  Nowhere in its clarity and brevity is there a power granted by the people to restrict our inalienable rights in the event of  really bad influenza.  These bedrock concepts may sound quaint, but THEY ARE THE FUNDAMENTS of the United States of America.

So, since freedom of movement, assembly, religion, the redress of grievances, of speech and from unreasonable search and seizure belong to US, along with freedom from excessive bail and cruel and unusual punishments, from being forced to quarter soldiers in our homes unless provided by law in times of war, from frivolous criminal charges except by a grand jury, from deprivation of life, liberty or property except by due process of law, and from having our property taken for public use without just compensation, they are OUR PROPERTY.  We also have the right to a speedy trial, and to confront witnesses against us and to have the assistance of counsel.  We may demand a trial by jury.  The enumeration of rights (protected by the Constitution) shall not be taken to mean that other rights not enumerated are not still retained by the people.  Do you grasp the enormity of those words and others in the Constitution?  WE are the top of the heap: NOT THE GOVERNMENT.

The Fifth Amendment enumerates our right to JUST COMPENSATION when our properties are TAKEN from us.  Where does this leave our small-g governors when they attempt to force us to stay home, to stop working, to stop going out without a face-mask, to stop assembling with whom we please, or to stop earning our lawful livings?  How can we be restricted from buying any lawful product from any lawful seller thereof?  Our RIGHTS are our PROPERTIES… inalienable except in the most dire circumstances.  Over the years courts and even the Supreme Court have established that there must exist some overarching PUBLIC PURPOSE for ANY restriction of citizens’ rights.

There are 1,000 definitions of “public purpose” for every 100 instances of the exercise of police power.  Since the government, AND THEREFORE THE POLICE, exists to serve and protect US, our property , our rights, our citizenship, in fact our sovereignty, public gatherings, riots, parades and demonstrations and other incidents that block commerce and free access to public works like streets and sidewalks which WE PAID FOR AND OWN, legally and only appropriately, may be restricted to serve a public purpose (that purpose being the defense of good order so that private rights and properties may be legally enjoyed), including commercial properties.  Public safety in terms of free and safe flow of traffic and commerce, is also a public purpose.

So where is the government when the “public purpose” umbrella has evaporated in the presence of new information, scientific and otherwise?  It is in the increasingly comfortable position of tyrant, decreeing and attempting to enforce restrictions on the sovereign rights of citizens for NO GOOD PUBLIC PURPOSE.  And here is where we are regarding restrictions on movement, assembly, commerce, travel and personal hygiene in the guise of imaginary “Law” that says no one may exit his or her domicile without wearing a face covering.  We need not get in to keeping 6 feet away from other people.  These restrictions on rights actually form an offer to take with just compensation, our personal properties: things we own without restriction.

So WE THE PEOPLE should issue letters of conditional acceptance to our governors and Mayors and selectmen and Aldermen and police officials if necessary, stating our CHARGE for the loss of freedoms and rights.  That is, “just compensation” is not a price set by government who desires to take these properties for NO compensation; no, it is a price that seems “just” to each of us based on our own free judgment of the importance and therefore value of specific ones of our rights.  It seems Prudent that wearing a silly mask that has neither medical nor public value, should cost $80.00 per day, no terms: payable upon receipt.  Restriction to one’s home is worth at least $336 per day, unless one has school-age children, which adds $121.77 per child.  Staying 6 feet away from others is worth $2.25 per foot, per hour times the number of people so distanced.  The federal magicians have already tried to pay us for our inherent right to work.  Freedom of Religion is worth a lot more than these tiny sums.

It’s a whole lot less costly than days in court with juries, which cases the state and municipalities will lose.

One thought on “The Prices of Freedom”

  1. I can go along with the majority of your basic foundational and fundamental principles Prudence. I agree that this disruption should not be so onerous that mayors should be little lords nor governors, barons. But I would say that if Americans were a little less fanatical about their minor freedoms being infringed, the major freedoms would never have been such a desirable target for the tyrannically inclined.
    Had we, the American people, been willing to behave as a community, and had the Donald better advisors without conflicts of interest – speaking of Tony Fauci here – then maybe a willingness of all our neighbors to wear homemade masks to help protect one another, along with prudent distancing … Had we those things and solid leadership without the media decrying every move, then maybe we could have all stayed at work and come out of this 3 months ago.
    Instead the problem is ridiculous.
    Instead our economy is trashed.
    Instead the individual flames which comprise our great American spirit are reduced to a bickering mass of burned wicks as we, sheep-like, adopt this new abnormal.
    Facemasks do not protect the wearer so much as they reduce the density of potentially contaminated breath in the immediate vicinity. I have been wearing them whenever I’m around a lot of people. It’s not too much to ask, imho. The Czech Republic has been doing it since January and it helps.

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