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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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What's Right vs. What's Fair

During the 2008 election, Barack Obama often used fairness as a key theme in his speeches. He spoke about fairness in the distribution of wealth, fairness in society concerning minorities, and fairness in politics. It is a tactic used by many liberals and left-leaning speakers. Their logic is that government and society should stress fairness in favor of a more egalitarian society.

Conversly, John McCain and many conservative-leaning appealed more to a sense of what was right. Morality is and has always been a key to conservative principles. When jugding a situation, it is more important to remember what is right than what is fair. Conservatives more accept the idea that the world isn't fair and using public resources to try and make it fair is not only a waste, but it is counter-productive.
 
So which is the more proper view? Does working for what is fair create a better society than working for what is right? In an ideal world, the two wouldn't be mutually exclusive. But in the real world, they are two very different concepts. And history is ripe with examples.
 
Take the communist societies of the past 20th century. Countries such as the Soviet Union, Communist China, and North Korea based much of their ideology on a sense of fairness. They believed in destributing wealth and resources equitably. The idea sounded good on paper, but when put into practice it did not work. Instead, it led to brutal authoritarian regimes where rights and freedoms were severely restricted, all in the name of fairness.
 
Take a less brutal example. Look at the welfare state that dominates most Western countries. Programs like social security, nationalized health care, and progressive taxation are all done in the name of fairness. They are meant to provide resources for those who do not have as much as others. The same logic applies as it does in communism. Resources are redistributed in the name of fairness. Just how much it succeeds is hard to guage, but the successes of the welfare state are often outweighed by their failures. At times it's difficult measure, but the same problems the communist nations faced still applies.
 
Welfare reforms like Lyndon Johnson's Great Society or the universial health plans of Europe all have to come from somewhere. They can't be implemented free of charge. So money and resources are drawn away from others to create what is hoped to be something that is fair. But it rarely is. In socialized health care, treatment has to be rationed and quality is lower. There is also a lack of innovation and invention. The same problem is apparent in the public school system, which also tries to grant fairness to all school age children. But the great disparity persists because that's what happens when resources are forcibly distributed by authorities. The quality suffers and progress stagnantes.
 
The problems with fairness all relate to it being so subjective. What's fair to one person isn't fair to another. A poor black woman's idea of fairness is going to differe greatly from a rich white man. But both would probably agree on what is right in terms of morality. They will most likely agree that killing, stealing, torture, rape, and lying are all wrong. In many cultures across history, this persists. Murder was just as wrong in Ancient Egypt as it is in the United States. Lying and stealing is just as egregious in Ming Dynasty China as it is modern day Germany.
 
This is because a sense of right is far less subjective. People can disagree on some issues, but by and large they do agree on the baser points. A sense of right has been repeatedly shown by science to be something that is very much engrained in our biology.
 
 
Human beings, as social creatures, have strong moral tendancies that make killing, stealing, and lying adversive and when authority is focused on combating these forces people in a society are free to prosper. Throughout history in periods where countries decline, empires fall, and society degrades have all suffered from an inability to enforce what is right. It does not seem to make a difference if they used their resources to enforce what is fair. And societies that place a stronger focus on what is right tend to do better. The American Republic in the early days is one of the best examples because it took authority and limited it to enforcing what was right as dictated by rule of law, not allowing the power to be abused in order to follow the agendas of a king, oligarch, or majority. The wealth may not have been distributed fairly, but it made for a stable and just society.
 
Liberals will accept such ideas as a good thing, but will argue it is not right for some to have so much and others to have so little. This again confuses what is right with what is fair. One must consider whether or not it is right to forcibly take something from someone and give it to someone else in the name of fairness. It's saying that someone that works to gain their wealth is not allowed to keep it all. Is that a fair statement? What about when it's too much? Where's the threshold? Again, it goes back to subjective interpretations about fairness. What is too much for some is too little for others. The moral argument of fairness breaks down because it requires a level of unfairness in order to propagate. It's utterly self-defeating.
 
It has been shown time and again that enforcing what is right is more advantageous to enforcing what is fair. Fairness will always come with conditions and be subject culture, geography, and basic personal differences. But a sense of right and wrong is more universal and just, allowing greater freedom to more people. This is the very nature of the free society, enforcing what is right so that the individuals themselves stand on their own two feet and determine their own destiny. Not every destiny will come out fair. But part of freedom is having a chance to set one's self apart from others. It would not be fair to restrict everyone to the same fate.
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The Tyranny of the Federal Reserve

Few things are more powerful in a civilization than money. For better or for worse, money is a fundemental building block of society and a key engine to prosperity. It is also a major source of power. Whoever has money has the potential to wield power. So in a free society, one would expect the value and power of money to be limited in the same spirit as government is limited. Unfortunately, the opposite is true.
 
The power to control the supply of money and regulate the value of the dollar rests in the hands of the Federal Reserve. This single independant body of unelected officials meets in secret and carries out it's policy with little oversight and next to no accountability. They have the authority to print money out of thin air and destribute it as they see fit. They also have the ability to adjust interest rates to their whims. They claim to be a defender of the market when they are by definition a mirror opposite of the market. Few organizations wield the kind of power the Federal Reserve wields. It is independant, hence not subject to oversight by any branch of government. Yet few question their power and even fewer understand the flawed system in which they operate.
 
The Federal Reserve, like all central banks, practice what is known as fractional reserve banking. David Kretzmann summerizes the practice as follows:
 
The fractional reserve banking system gives banks the chance to keep only a portion of their deposits in reserve, allowing them to loan or invest the rest. Today U.S. banks are required to keep only 10% of their deposits in reserve. So if you deposit $100 in the bank, legally the bank is only required to hold $10 of it in reserve. This provides cash for "day to day" privileges and allows the bank to invest in securities and loan out funds, among other things.
 
So what this means is that whatever money one has in the bank, they will only officially have access to 10% of their deposit. Most people don't contemplate this. They assume that when they deposite X amount of dollars, they'll be able to withdraw the same amount at any time. The bank never makes it clear that this is not the case. It is because of this misunderstanding that panics occur and banks go under. It is, essentially, a kind of fraud. An organization (the bank) is promising one thing to another (the customer) and doing something else. So in essance the fractional reserve system is a kind of fraud.
 
So why was the Federal Reserve founded in the first place? The country ran fine without one for over a century. David Kretzmann explains again:
 
Fast-forward to 1907. This was the time of the last "panic" before the Federal Reserve Act was signed into law, creating the central bank, in 1913. Once again this crisis came about because banks were unable to give customers their initial deposits. This caused a whole stream of withdrawals (or attempted withdrawals) by bank customers around the nation. Banks had placed the deposits into income-earning securities and did not have the necessary cash to meet customer demands.

After the Panic of 1907 and the umpteenth failure of fractional reserve lending, the attacks still were not aimed at the fractional reserve system. This system, when protected through law, gave banks the undoubted opportunity to inflate the money supply, overextend themselves in ways that would never be sustainable in a free market economy, and give little regard to the customers' original property. Instead, economists began calling for a "lender of last resort" to bail out banks if they were caught overstretched in commitments. Many people don't realize it, but the U.S. financial system has been in bailout mode for nearly a century since this event. In an otherwise relatively free market system, banking started as the largest sour grape of interventionism in the bunch.

Now here's how their logic followed. Because the fractional reserve system was inherently flawed, creating the many panics of the past, the government created an organization that would use the same flawed system to prop up the other flawed systems by making loans with money printed out of thin air to banks that keep their reserves. It is essentially solving a problem by creating a bigger problem. The end result is inflation, financial bubbles, devalued money, and false prosperity. Since the Federal Reserve came into existance, the US dollar has lost 95% of its value. It has also been behind depressions and recession, including the major housing bubble that burst in 2008. But is the Federal Reserve deemed a failure? Is it reprimanded for it's actions? Not in the slightest. In fact, President George W. Bush and President Barack Obama have both talked about giving MORE power to the Federal Reserve. It fits the very definition of insanity, doing the same thing over and over and expecting a different result.
 
Nowhere in the constitution does it say the government can create an entity like the Federal Reserve. The essance of the American Republic was to limit the power of government, not grant it an authority that can easily be abused. A free society can't be free if the livelihood of the citizens are at the mercy of an entity like the Federal Reserve. Under the principles of free socities, government is only supposed to protect the rights of individuals, regulate a court system based on rule of law, provide for a national defense, and enforce contracts. And fractional reserve banking like that of the Federal Reserve is a fraud on the people, plain and simple. There can be no true freedom or prosperity when the peoples' money is at the mercy of a central bank. It is a tyranny few realize, but a tyranny that has the potential to do the greatest damage on the free society.
 
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Quis custodiet ipsos custodes?

It's a phrase that has been echoed by philosophers and casual observers alike. Whether in latin or any modern lanugage, the meaning is the same and it remains every bit as pertinent across the board.
 
Who watches the watchmen?
 
Who guards the guardians?
 
Who will protect us from the protectors?
 
For as long as there have been people in power, there have been abuses in power. It permeates government, religion, and economic institutions on many levels. The United States, despite being one of the most dominant nations in history, is not immune to this. Over the course of the past century, big government has taken over and ideologues in religion and business have each moved in to stake their claim. Abuses in power was one of the key reasons why the colonies first rose up against their British overlords. In time our own abuses of power have become just as (if not more so) egregeous.
 
Such abuses are nothing new. In ancient times the strongest armies pilliaged and raped freely when there was no one to oppose them. Kings and emperors embarked on lavish personal endeavors, forcibly enslaving their people if necessary. Religious leaders have condemned countless innocents with decrees, fatwas, inquisitions, and moral panics. Ruthless businessmen and women buy off people in government and law enforcement to act on their own accord, robbing others of their resources for their own personal profits. The story is the same. They were the watchmen and nobody was watching them. They didn't have to answer to anybody and the people were defenseless to resist. It's an unfortunate product of human nature. When there is a chance to abuse power, people take it.
 
The United States was founded on principles directly opposed to abuses of powers. But today it is possible for the president of the United States to wage a war on his own accord without the approval of congress. It is possible for the NSA and FBI to illegally tap phones and communication networks without warrents or oversight. It is possible for the CIA to create secret prisons where they can torture people without any accountability. It is possible for judges to ignore the constitution and impose the state's will on the populous. There are no more checks and balances. There is only competition as to who can abuse their power first and most efficiently.
 
In areas where such abuses are more difficult, it brings out the better sides of human nature. Take the free market as an example. In this institution, there are many watchmen watching over one another. This is because business is not allowed to use force. It must use persuasion to convince people to exchange their goods for the ones they have to offer. If one does not produce quality goods, they are overtaken by those that do. It helps drive people to be better with each other. A business that treats people well will get more business and the customers who wish to take part in this system that treats the businesses well will get the better service. It's competition and the freedom to choose how to conduct themselves that makes the free market more prosperous and efficent than big government or overzealous religion.
 
Another area where power is hard to abuse is when the power is established at the community level. When order comes from the bottom up instead of the top down, people are free to coordinate and commune with whoever they wish. When government and churches focus their efforts at the local level, they are held accountable by the very people they see and interact with. When abuses do emerge, they don't go unnoticed because in a community people are more affected. It's why limited government works so much better on a local level. It's also why communities with smaller, community centered churches are less deviant and more orderly. When it grows to a level where the power can be directed impersonally to people that power brokers never even meet, the chances for abuse grows.
 
Big government has always been clumsy with power. Even in countries where corruption is low, these large bodies of power create effects of complacancy and dependance. History shows that when people are not free they become hopeless and destitute, bringing down their society and their culture. Religion has had share of abuses as well. In the Middle Ages, the Catholic church wielded great authority over state and personal matters. It led to church leaders starting wars, ordering executions, and fostering intolerance and prejudice. In modern times the mullahs of Islam have fallen into the same pattern, insighting their own brand of war, violence, and prejudice to serve their own ends. They may claim they're being held accountable by god or some supernatural deity. But whatever deity that may be, it does little to stem such barbaric behavior.
 
So in the end who really is watching the watchmen? People continue to see these abuses in many cases, but they are powerless to stop them or unwilling. The founding fathers of America believed that by empowering the people, the excesses of government should be stemmed. The people must be on some level be able to respond to the force of government with force of their own, be it by arms or legal rights. That's why they championed the rights of the individual and used the philosophy of a republic to restrict the power of the state. In addition to a separation between church and state, the institutions that most abuse power could be held in check.
 
It is only when people forsake these freedoms that abuse of power grows and propogates. And once it gets going, it is hard to stop. That's why whenever any individual or institution exercises power in any way, the people must remember that old latin saying:
 
Quis custodiet ipsos custodes?
 
It may mean the difference between freedom and tyranny.
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