Tag: Individual rights

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Personal Freedom Under Attack

As Independence Day approaches, it is appropriate to recall that individual freedom was the central concept that inspired the birth of the United States two hundred and forty years ago.

Increasingly, however, that idea is imperiled by the rapid growth of government power to limit the personal, economic, and political rights of citizens. Particularly over the past seven and one-half years, key portions of the Bill of Rights, which legally enshrines American freedom, have been frequently attacked, treated as an irrelevancy, or wholly ignored on both the state and federal levels. The First, Second, Fourth, Ninth and Tenth Amendments—one half of the entire document– have all been subjected to this.

Throughout most of U.S. history, freedom of speech has been considered the most precious of personal liberties, and the First Amendment had been treated as sacrosanct.  Disturbingly, that respect has sharply diminished in several ways. Campaign finance regulations seek to regulate how positions are publicized in elections. Obamacare demands that religious organizations put aside their beliefs. In many public and private colleges, students who stray from left-wing orthodoxy are penalized. Federal agencies have been hijacked for partisan use. Local governments have even become involved in the personal dietary choices of individuals. (Philadelphia recently imposed a soda tax, which may only be the first of laws throughout the nation that will infringe on the rights of people to determine what to eat or drink.)

The institutions of the national government, including the IRS and the Department of Justice, have been used to attack those that use their freedom of speech to lawfully disagree with the Executive Branch of government. Various state attorneys general have harassed think tanks that merely question the actions of the Environmental Protection Agency. The U.S. Attorney General has considered criminally prosecuting those that disagree with the White House position on climate change.

During her 2009 nominating hearing, U.S. Supreme Court Justice Elena Kagan refused to agree with the concept of unalienable rights, a foundational concept of America expressed in the Declaration of Independence itself as a reason for the separation from England.   In 2012, Justice Ruth Bader Ginsberg, speaking in Cairo, Egypt, said that if she were writing a constitution for a new nation, she wouldn’t use the U.S. constitution as a model.

The President has surrendered internet control to an international organization comprised of several member states that believe censorship is justifiable, and during his tenure in office, sought to have Federal Communications Commission monitors placed in newsrooms.

In the aftermath of the Benghazi attack, Mr. Obama and Secretary Clinton blamed an American video for the assault. Adding insult to injury, it turned out that the video had nothing to do with the incident, yet both still cling to the fabrication.
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Writing in MoodyMedia, Dr. Edwin Lutzer notes:  “The censurers, the radicals who are all too ready to deny freedom to those who disagree with them, are perceived in our culture as “tolerant,” and [those who disagree] are viewed as “intolerant.” In other words, the philosophy of the left is preach tolerance, but practice inflexible intolerance to anyone who has the courage to express a different point of view.”

Even in the conduct of our national safety, rather than give full-throated fury at the horrible philosophy of Jihadi extremists who perpetuated the devastating tragedies in Orlando, Fort Hood, and San Bernardino, U.S. government at the highest levels spoke with far more fervor about limiting the Second Amendment rather than increased military action against the bigoted radicals who hate personal liberty.

The misplaced emphasis on restricting the practice of freedom rather than attack those who would abolish it can also be seen in the continuing power of government to invade the privacy of the citizenry, in violation of the Fourth Amendment. Many small businesses have been jeopardized by financial regulations ostensibly emplaced to detect illicit foreign funds transfers, but which have in practice accomplished little or nothing.

There was a time when Americans jealously guarded their personal rights.  Over the past several years, however, Washington’s reflexive response to almost every problem has been to adopt new executive actions or agency regulations (Imposed without the consent of Congress by a President that ignores the Constitution’s Separation of Powers mandate and loudly proclaims that he “Can’t wait for Congress”) that don’t solve the issue at hand but further limit freedom.

This tendency was foreseen by the framers of the Bill of Rights, who, in the Ninth and Tenth Amendments, specifically limited the powers of the federal government, and even noted that powers not specifically mentioned in the Constitution belong to the people, not the federal government.

Throughout humanity’s long history, there have been many names for oppressive government: monarchies, dictatorships, Nazi, Fascist, theocratic, Communist and Socialist regimes.  Despite differing titles and symbols, all share the same over-arching philosophy: the power of government overrules the rights of individuals.  America must stop heading down that path.

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Freedom Under Attack

America was founded on the concept of individual freedom. The 13 colonies went to war, and proclaimed their independence, to provide a level of personal rights never before experienced by any people in the history of the world. A unique guarantee—the Bill of Rights—was embedded in the foundational laws of the country to insure and enshrine that concept.

The terrible imperfection in the early history of the United States—the existence of slavery—was resolved in the nation’s bloodiest conflict, a Civil War fought to make all men free. Voting rights for women followed. The practice of segregation was eventually legislated out of existence.

But has America’s inherent and underlying purpose for existence—individual rights—being driven to extinction?

There is a disturbing and rapidly growing trend in federal and state governments, in academia, and in the private sector as well, towards restricting personal freedom to a degree never before experienced by U.S. citizens.

Over the past seven years, we have seen Washington virtually hijacked by those who place the power of the federal government over the rights of individuals.

The Internal Revenue Service has been used to suppress those that disagree with President Obama.

The Environmental Protection Agency has been employed to attack private property rights in a manner that has nothing to do with preserving the health of the planet and everything to do with imposing federal control over privately held land.

The Federal Communications Commission has made several attempts to impose controls over the media. One example: an aborted move to place FCC “monitors” in news rooms. Another worrisome move: By this November, the White House’s weird action of replacing America’s internet control from U.S. oversight to an international body influenced by nations that favor censorship will be complete.

The Affordable Care Act (Obamacare) runs roughshod, despite the First Amendment, over religious organizations that object to being forced to fund procedures they find objectionable.
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An explosion of regulations affecting virtually every aspect of the way Americans work and use their property forces citizens to constantly look over their shoulder when going about their daily lives.

Washington is not alone in the disturbing trend to restrict personal freedom.

According to the National Conference of State Legislatures, “All 50 states regulate the way money is spent in politics and elections…”

In the abstract, regulating the influence of money in politics may seem like a good idea.  The problems, however, are numerous. The regulations work to enhance the chances of incumbents, no matter how bad their records are, to win re-election against challengers.  New York State provides a prime example.  Elected officials in the notoriously corrupt Empire State government are more likely to leave office due to death or criminal conviction than through elections in which challengers have a fair chance. Restricting campaign spending inevitably leads to restrictions on free speech, and restrictions on free speech inevitably allows crooked, lazy, or inept legislators to remain in office.

Some local governments simply ignore portions of the Bill of Rights.  In many large cities, the Second Amendment is regulated into nonexistence by a host of restrictions that make it exceptionally difficult and expensive for private citizens to exercise this freedom.

The attack on freedom doesn’t just come from government. Throughout academia, the imposition of left wing views on students takes place on a regular basis. Students with more traditional American views are threatened with bad grades or worse.  Some campuses restrict contrary views to so-called” free speech zones” that limit the chances of reaching a broad audience.  There have been numerous calls to criminally prosecute individual scientists who disagree with the prevailing belief in the man-made global warming theory.

A number of major corporations have also abandoned traditional support for individual rights. Some social media companies actively restrict views which they disagree with from their sites. A number of major companies penalize employees for taking positions, even on private time and away from their worksites, that corporate leaders disagree with.

Taken as a whole, all of these factors combine to change the very essence of what America is.  The United States was born out of a desire to have a nation where the citizens, not the government or any other powerful group, ruled. Piece by piece, right by right, that dream is being dissolved within our lifetime. It’s time for the “Spirit of ’76,” –the rights of the individual over that of the government or any other institution—to be restored.

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Tribalism in America, & Ferguson

Throughout much of the world, tribalism—loyalty, above all else, to the particular clan, ethnic group or race into which one is born—has caused devastating harm.

In Eastern Europe, Asia, Africa and of course, the Middle East, tribalism has wreaked havoc. It is the direct antithesis of modern society, and rejects concepts of objective law, impartial and fair government, and most importantly, individual rights.

Given the clear and abundant evidence of tribalism’s horrific impact on so much of the planet, why are so many in the U.S. Progressive movement and the left generally increasingly wedded to it?  Evidence of this disturbing trend can be seen in recent disturbances, the latest example being in Ferguson, Missouri.

In the aftermath of a shooting of a 6’3”, 300 lb. robbery suspect who, according to the latest reports, acted agressively towards a white police officer, (indeed, latest reports indicate that he crushed the officer’s eye socket) all the evidence of tribalism came to the fore. Before a single fact was ascertained, the leading proponents of this discredited practice proclaimed the matter to be a racial incident.

Granted, the United States, like most other nations, has had a terrible history of past slavery, segregation and racism. But those prior conditions have long been legally abolished. It is counterproductive, before any evidence has been examined, and inherently incorrect to point to any particular incident and proclaim it to be racially motivated.

The tribalistic mindset of the agitators in Ferguson can best be illustrated by the almost total silence on their part concerning the horrible conditions of black-on-black crime in places such as Chicago, where the death by violence rate for young black men is greater than that for American military personnel fighting in Afghanistan.

Although referring to political preferences, not race, Robert Reich  noted in a Salon article that “We are witnessing a reversion to tribalism around the world, away from nation states. The same pattern can be seen even in America – especially in American politics… Nations are becoming less relevant in a world where everyone and everything is interconnected. The connections that matter most are again becoming more personal. Religious beliefs and affiliations, the nuances of one’s own language and culture, the daily realities of class, and the extensions of one’s family and its values – all are providing people with ever greater senses of identity.”

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In an insightful comment, Don Zapsic Jr, writing in the Columbus Dispatch, noted:

“A not-so-surprising source of tribalism in America comes from the federal government…Affirmative-action programs and the Equal Employment Opportunity Commission have done more to divide and distance the U.S. citizenry from one another than prejudice and bigotry acting alone arguably ever could achieve. As a result, we tend to think of individuals in terms of race, religion, national origin, age, gender, sexual orientation and even culture. The following questions serve as a litmus test for tribalism: Is America more of a pressure cooker than a melting pot? Do political operatives generally acquire and maintain positions of power and influence through principled leadership or more by appeasement of critical-mass voting blocs? Is group entitlement and privilege promoted and embraced at the expense of national security and long-term economic stability?”

Far more disturbing than the individual acts of rioters, publicity seekers or provocateurs in Ferguson has been the reaction of the White House.  It is inappropriate for the President to intervene in this matter, just as it was wrong to comment on the Trayvon Martin tragedy.  There is no indication that federal jurisdiction is warranted. The mindset that a civil rights issue arises any time there is an altercation between an authority figure that happens to be white and a person who happens to be black is tribalism at its worst.

It is worthwhile to recall that the bringing together of peoples from a number of different nations, cultures and races into a “melting pot” society has made America a far more united entity than other nations. Even our closest neighbor, Canada, has at times been close to breaking apart due to the tribalistic differences between French and English speakers.

In his 1991 book, “The Disuniting of America,” Arthur Schlesinger, Jr. endorsed the concept of a melting pot rather than ethnic identity politics.  As he saw it, the alternatives were stark: a single, united country, or a tribalistic society in which different groups constantly quarreled with each other.

America’s founding concept of a melting pot worked magnificently, but tribalism, whatever excuse is provided for it, has been proven to be disastrous.  Actions by politicians and agitators that seek to gain from incidents such as Ferguson do a great disservice to our society.

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A Terrible Judgeship Nomination

The NEW YORK ANALYSIS remains deeply concerned about the questionable views of President Obama’s appointments to the judiciary. The likely vote on David Jeremiah Barron  this week is another addition to the dangerous list of judges whose views are in direct opposition to the principles upon which the United States was formed.

The most well-known nomination , of course, was Elena Kagan’s  to the U.S. Supreme Court.  During her screening process, Ms. Kagan made it clear that she does not believe in the concept of inalienable rights. Her view is that rights descend from the federal government. Her concept precisely contradicts the reasons America was established in the first place.

What makes the United States Constitution unique is the very idea that sovereignty rests not with any leader or governing body, but with the people themselves. Numerous other nations have laws specifying wonderful sounding rights, but, due to a lack of a belief in inalienable rights, their leadership can and do suspend those rights whenever adhering to them is inconvenient.

This week, another terrible White House nomination to the federal bench will be reviewed by the Senate.

David Barron, a Harvard Law professor, is waiting to be confirmed to the First Circuit of the U.S. Court of Appeals.
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Barron has made it clear that the Judiciary should be a vehicle for the implementation of radical concepts that the voters and legislature consider too radical.  Among his more salient concepts is that government has the right to nullify private property rights and should be able to do so with relative ease.

Quite tellingly, his nomination will not be just opposed by Republicans, but by many liberals as well. He has authored several “secret memos”  justifying the drone killing of Americans abroad, raising their ire as well as that of many civil libertarians.

The central theme apparent in Professor Barron’s political and philosophical outlook is the limitless authority of government over individual rights.  He also appears to reject constitutional tenets on the separation of powers among the three branches of government. He does not look favorably even on limits to the federal government by states.

Mr. Barron is unfit for the bench, and the nomination should be immediately withdrawn.  Indeed, it is questionable and highly disturbing that President Obama saw fit to consider him at all.

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Passover, Easter, & The Threat to Western Civilization

Passover, about to be celebrated by Jews around the world, has connotations far beyond a religious holiday celebrated by adherents of one religion. The theme of freedom, marked during this commemoration of the release from bondage of a people, has been a central tenet of western civilization.

At the beginning of next week, Christians will celebrate their most important holiday, Easter, marking the ascendancy of Christ and his message. That theme, in addition to its very vital religious one, was unique for the tumultuous period when Christ lived.  Unlike other creeds of the time, the worth of each individual human being, perhaps best represented by the biblical exhortation to “Do unto others as you would have them do unto to you,” was an extraordinarily innovative concept for that era.

Bonded together, the themes of freedom, and the great value of each individual human life, became the twin pillars underlying all of western civilization.

When that civilization was transplanted to and took root in America, those two basic philosophical tenets became the foundation of a new nation.

But increasingly, that foundation is being questioned. Marxism and Progressivism constitute a return to a more ancient concept where individuals are defined not by their own rights but by their place in a community.  As noted in the Encyclopedia of Marxism:

“Only in community [has each] individual the means of cultivating his gifts in all directions; only in the community, therefore, is personal freedom possible.”
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In practice, this idea has always led to an increasingly powerful state. The rights of individuals are essentially no different in a Communist state then in any other centrally-governed entity, whether they are called absolute monarchies, fascist regimes, or other even theocracies like Iran.

This, in turn, leads to an explanation of why Marxists governments abroad and Progressive proponents in the United States generally have antagonist views of Christianity and Judaism: both religions are based on concepts of freedom and the rights of the individual that are untenable in a centrally governed state.

Another wrinkle has been added to the debate between modern Western views of the concepts of freedom and individual rights based on a Judeo-Christian ethic and those of different traditions.  The increasing influence of militant Islam has spread the belief that “The irresponsible concept of freedom expounded by existentialism, democracy and modern theories of freedom of expression lead only to corruption and immorality since they are not tied to any concept of higher moral values or self-control…”

Internationally, the increasing spread of militant Islam openly challenges foundational concepts of individual rights taken for granted. In the U.S., an educational environment where mention of the Judeo-Christian underpinnings of Western civilization is harshly discouraged, combined with  the political and cultural rise of Progressivism, is proving surprisingly effective in sharply reversing the nation’s fundamental adherence to Constitutional guarantees of individual rights.