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The True Source of Rights

It is popular for Americans and people in general to cherish their rights. It's only natural. Rights are an important part of every society, free or otherwise. The abundance or lack of rights lie at the very core of any community large and small. However, at times the source of these rights becomes exaggerated. A peoples' rights take on an almost divine aura. Many will claim human rights are a gift from a god or some divine force. It's a comforting notion, but ignores reality. Rights are a complicated concept because their so abstract, but without a firm understanding of what rights are and where they come from the people are ill-equipped to defend them.

First and foremost, rights don't come from god or anything supernatural. They never have. They are and always have been an abstract concept of society. Their main source is law. Without law there is no order and without order there are no rights. Now law is a far more complicated concept than rights. There are so many different legal traditions across history, cultures, and countries that to explain one and apply it to all would be utterly meaningless in any argument as to the source of rights. But rights as most people understand them do have a basis in certain aspects of law, namely those meant to protect individuals and communities and ensure order.

Now it's impossible to talk about the source of rights without the source of the law. Throughout history law has come from many places. Ancient Egypt and the vast empires of history had rulers who dictated what the law was. Kingdoms and city-states had oligarchs, councils, or community proceedings that brought forth the law. It wasn't always logical. If a ruler was mentally ill, then the laws would not be very reasonable. Men like Calligula of Ancient Rome, Ivan the Terrible or Medieval Russia, and Pol Pot of Cambodia all had clear symptoms of serious mental illness. Yet being the rulers of their country, they were the law and that law was what the people had to live under. Needless to say, the people didn't have very clear or logical rights.

The problem with law and rights as always been that people were constantly debating the laws and bending them to their whims. That's where some of these irrational traditions come from. That's where barbaric systems like the Spanish Inquisition, Stalin's secret police, or Adolph Hitlers SS come from. It is only when those educated in reason and humanities come together that the source of natural rights take shape. The logic follows that all human beings, being of the same flesh and blood as anyone else, have an intrinsic worth. It is a concept that spans all religions and cultures to some extent, even those with ridged hierarchies. Thus, the law must protect each individual worth from the whims of other individuals and the only way to do this is through law.

This presents another problem. Law is not always forged in peace. As such, rights are not always forged from peace. When dealing with oligarchs and tyranical rulers, it often takes force to obtain the legal framework for these rights. That's why there had to be an American Revolution. That's why there had to be uprisings amongst populations in Europe and other Western countries to reshape the power structure in favor of defending rights rather than debating them. It also helps when the population becomes more educated and aware of their state. It was difficult in pre-modern times because there were so few connections between communities. Now with advanced understandings in law and reason, rights can take shape.

This is where limited government comes in. Starting with concepts like the Magna Carta, the state's role in rights shifted from being a giver of rights to a defender of rights. This was the reasoning behind the republic, which has it's roots back in Ancient Greece and Rome. Here, it is a fixed body of laws that limit the power of the state to maintain it's role as a protector of rights. This was what the founding fathers followed as they understood that rights could only be protected if the government was limited by law. So when people start assuming their rights are coming from somewhere else besides law, they ignore when the law is usurped and thus their rights are usurped.

The belief that rights come from some holy, god-given source has distracted people from the real problem with rights. They need to have a basis in law and at times there needs to be force behind it. Here's the situation. Government has grown a great deal in the last 100 years, expanding it's power and intruding on the rights of the citizens, sometimes overtly and sometimes covertly and sometimes completely unintentionally. Yet these violations aren't confronted because the people don't understand the government's role. They think their rights were with them when they were born or they come from some invisible deity. So if that's the source, why bother with the law?

It is dangerous and flawed thinking. It's the kind of thinking that causes complacency in a population. It gives people an excuse to sit around while their government continues to ignore the law and strip at their rights. It is only when the people demand through force that the government respect the law and the rights they protect that the free society prevails. At the moment, however, not enough force is being applied and too many people are not willing to step up.

For more reading on the source of rights, please consult the following academic paper by Brian Tierney:

The Idea of Natural Rights
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Capitalism, Economics, and Micahel Moore

It is universally accepted that economics is a complicated subject. Even the brightest of minds admit they are not sure what makes the economy tick. People have dedicated their entire lives to studying economics and mankinds understanding of it is still very much limited. One running theme is that an economists is the only other profession besides weatherman that can be wrong 100 percent of the time and still keep their job. Just as nobody can accurately predict the weather all the time, nobody can predict the economy all the time. So why would people assume a lone film-maker could sum it up any better?

Michael Moore is no stranger to economics. For years he's spoken on the ills of capitalism. His latest film "Capitalism: A Love Story" is a breakdown of everything he feels is wrong with capitalism. He paints it as the greatest evil and the source of all social ills in society. He does this, of course, with a very rudimentary (and flawed) understanding of what capitalism is. Yet what he documents is not pure propaganda nor is it a portrait of everyone like him. Moore, like most people of his trade, sincerely believes what he says. He just doesn't understand certain parts of the issue that very few understand to begin with.

What's Micahel Moore Talking About?

The most glaring flaw is the way he highlights certain ills and attributes them to capitalism. In his movie he talks about greedy banks using public money for obscene profits and the growing hardships small businesses face when they try to compete with larger corporate entities. But what he fails to understand is that these events are not driven by capitalism. They are driven by collaborations between government and business. If he had talked to anybody with some background in capitalism, he would know that the reason these big entites like oil companies, drug companies, and banks make such extreme profits is because they get the government to help them out. They use laws, regulations, and various red tape to stamp out competition, protect profits, and socialize losses. That's why they invest so much money in lobbyists. It helps them make more money.

This isn't a failure of capitalism. It's a failure of limited government. The constitution of the United States never stipulated that the government should aid in any business. Businesses, like individuals, were all subject to the same laws. It's when the government gets corrupted by businessmen that these ills develop. Going back to the era of Robber Barons like Rockefeller and Carnegie, they used tactics to weed out competition that were without question illegal. But they got help from the government, allowing them to get special breaks instead of using their own merits to succeed. This is how near-monopolies developed in many industries. It wasn't capitalism, but a perversion of it caused by an intrusive government.

Moore also documents the struggles of the middle class in his film. He blames capitalism for their declining standard of living and makes the case that the government should do more to help them. But what he fails to understand is that government is the reason for the declining middle class in the first place. The most notable cause involves inflation of priceses and the decreased purchasing power of the dollar. That's not because of capitalism. That's because of big government, namely the Federal Reserve. Since 1913 they have been printing money without anything to back it up. That's what causes the inflation and that's what robs people of their purchasing power. It's been documented in history going all the way back to ancient Egypt. Yet Moore doesn't get this and to his credit, very few people do.

The most telling shortcoming of Moore's film is his solution to the problem. He says democracy is the antidote to all these ills. Again, he's confusing his terms. Democracy has nothing to do with government. It has everything to do with politics. The very word democracy means people rule. It is a system that has never succeeded and for good reason. When the people have the power to vote on the excise of power, that vote is subject to majority rule. So if the majority want to oppress a minority, there's nothing stopping them. If the majority want to surrender all authority to a dictator, there's nothing stopping them. That's why the Founding Fathers scolded democracy. America as a whole has never been a democracy. It is and always has been a constitutional republic.

A republic is rule by law where a fixed body of laws is enforced by a government whose power is limited. This means that issues of business and personal conduct are free for the people to enjoy. No one business should be granted any favors. All should be free to prosper and free to fail. That is the essence of a republic. Moore doesn't get that. He doesn't understand that government has been granting special favors to entities like banks, utilities, and various enterprises for years and that is what has perverted the system. It's when government steps back and let business stand on it's own two feet that true prosperity is possible. It seems counter-intuitive to some, but historically speaking it is the best system for governing man.

In terms of the big picture, not everything in Michael Moore's movie is to be scoffed at. He's not wrong on everything just as he's not right on everything. He does highlight some important shortcomings of the current system. He simply fails to understand the philosophy and history of that system. Most people do not get economics, but they do get freedom. That is why the most powerful message in any argument for these issues is freedom because when people are free, people are free to prosper.
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Religious Liberty vs. Collectivism

Before the founding of the American Republic, it was unheard of for a country not to have an official religion. The founding fathers sought to set themselves apart from the tyranny and autocracy of European powers at the time by leaving their new country open for any religion, regardless of how great a majority it may be in the populace, to thrive and benefit from equal protection under the law. It is one of the reasons why so religious groups like muslims, jews, catholics, and buddhists have been able to come to America and enjoy the success wrought by freedom and liberty.

But in the era of political correctness, religious liberty is being continually contorted in ways that go against the very principles of freedom. Recently, Townhall columnist Chuck Norris reported on a situation that would have been laughable if it weren't true:

Got your permit to study the Bible?

The event was a real headscratcher. David and Mary Jones were visited by a county code enforcement officer on April 10 (Good Friday) after receiving a complaint about their Christian gatherings, which included only around 15 people. After hearing they did things such as pray, read scripture, and discuss spiritual matters they were given a cease and desist order. That's worth repeating. An official of law enforcement told two people with the same legal rights as everyone else to cease and desist their religious gatherings.

That's not the only incident of it's kind. On June 3rd the Associated Press reported that a Pennsylvania court ruled 2-1 that a Kindergartner's mother cannot read the bible for show-and-tell, even if it is her favorite book.

 
It's the same as the previous story. The law is basically telling people they cannot discuss their faith publically even when it is done in a peaceful, non-threatening way. Even as an atheist with many criticisms against religion, I find that nothing short of outrageous.
 
The issue at hand is not about church and state as some left-wing politicians may see it. The issue is freedom of expression. It's been a developing trend since the turn of the century. Conservatives and progressives alike seek policy that favors or dissuades certain groups of people over the others. It's classic collectivism, trying to mold society by regulating (or sometimes dictating) how people can gather and express themselves. But the core elements of a free society do not reflect collectivism. They reflect individual rights.
 
Freedom of expression cannot be masked by the church/state issue. The freedom to expression one's self and beliefs is a fundemental right that extends to religion. Any person of faith be they Christian, Muslim, or New Age has a right to stand in a public or private square and express their religion in any way they see fit so long as it is peaceful and does not infringe on the rights of others. This means things like praying in a park, preaching on a street corner, or discussing spiritual matters with others in an open place is every bit as protected as political speech. This extends to public schools as well. In a free society, there is no public institution where free citizens have to leave their rights at the door in order to serve some politically correct agenda. If people wish to discuss religion in a school, a public park, or even a court house they should not be dissuaded from doing so.
 
The constitution is clear. The government is not to prohibit the free expression of religion or endorse any one faith over the other. That means the government cannot grant special privlidges to certain faiths people happen to like. It also can't give public money to someone and have them use it to carry out their own religious activities. So if the people in the article were doing what they did using government resources, then that would be an issue. But it wasn't. These were people just freely discussing their beliefs. To deny them that is to pervert the spirit of separation of church and state and stand against the principles of religous liberty and freedom of expression.
 
I am proud to be an atheist. I feel it is wrong whenever the government uses its powers to further religious agendas as it has often done with the Christian Right. But I am never in favor of policies that would prohibit people from freely expressing their religion. As long as it's peaceful, they have every right to their faith as I do to my non-faith. Collective idealists stand against this under the veil of political correctness. If they can harass one religous group, they can harass them all. And that completley goes against the spirit of a free and just society.

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Republic vs. Democracy

On February 9th 2009 at a press conference, Barack Obama was quoted as saying "The strongest democracies flourish from frequent and lively debate, but they endure when people of every background and belief find a way to set aside smaller differences in service of a greater purpose." This is all well and good, but Obama made one critical mistake in his choice of words.
 
That lively debate and freedom of expression is not a definitive product of a democracy. It is a product of a republic. It says something about a country when it's elected leader is touting his country as a democracy when it was actually founded as a constitutional republic. Most people don't know the difference, but it is an important issue to consider.
 
First off, the word "democracy" has it's origins in Ancient Greece. It roughly translates into "people rule." That is to say it is rule by the people. Ancient Athens is the best example of this. Citizens routinely voted on matters of the day, ensuring that no one person had too much power. This all sounds well and good and some of these principles were mentioned by the founding fathers. But the reality is, democracy has one major pitfall. It is subject to majority rule. So if a majority of people want to take away one person or a group of peoples' property, family, or money they can do so. And if enough people are convinced to hand over their voting power to a dictator, then nothing is stopping them. That is why many of the founding fathers looked at democracy with such contempt. Benjamin Franklin is quoted as saying "Democracy is two wolves and a lamb voting on what to have for lunch." He and the other founders understood that if they allowed democracy in America, the end result would be tyranny.
 
As for the word "republic," it also has origins in Ancient Greece. It rougly translates into "public thing." That is to say it is rule by a set body of laws not subject to majority opinion. It was first recommended by the Greek philosopher Solon, but it wasn't implemented until the time of the Ancient Romans. As a republic, Rome became wealthy and prosperous. Much of the opulance that it would later be known for  during it's imperial reign (which was not a republic) was made possible by having a government that limited power to it's proper role and left the people alone to live and prosper. This is what the founding fathers went with. They understood if they were to have a government that would grant the people the most freedom and liberty, a republic was the way to go. Democratic principles went only into electing represenatives to uphold the constitution, not to rule as rulers. But that notion has since been forgotten.
 
Throughout the 20th century, gaining particular momentum in the New Deal, government has been expanded beyond it's limited role largely as a result of the people demanding more. America has since taken on more features of a democracy where people want to be able to exert power to serve their own agenda. People representing the poor lobby for the government to help the poor. People representing oil companies lobby for the government to help oil companies. And people representing dogmatic religious agendas like the Religious Right lobby for the government to help impose their standards on the populous. All of this flies in the face of the constitutional republic that the founders established. Nowhere in the constitution does it specify that the government was to support groups of people over individuals. The focus was and always has been on protecting each individual citizen, granting them under the law the inalienable rights of life, liberty, and property. Government's role is to protect life, ensure individual liberty, and protect one's property. No one individual is to be favored or given special privlidges over any other regardless of their race, gender, ethnicity, or sexual orientation. It's only when democracy is allowed to grant special privlidges to certain groups that these rights are lost under the guise of 'serving the people.'
 
The founding fathers understood that whenever democracy reigns, tyranny will eventually follow as the majority imposes their will on the minority. Yet nobody today debates the laurels of whether or not the merits of democracy are contending with the true intent of our government. There are already examples of tyranny creeping in. The passage of proposition 8 in California which banned gay marriage was a perfect example of a majority imposing their will to strip an equal right from a minority. And if more ballot issues emerge, more tyranny can be expected.
 
The fact remains. America is losing it's way. It's heading down the same path Ancient Rome went down when the people allowed the republic to degrade and ended up an oligarchy ruled by greedy and decadent emporers. Democracy is a fine idea on paper and so is socialism. But in practice it leads only to tyranny. It is only through upholding the republic on which America was founded on that true liberty and prosperity can be enjoyed by all.
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