THE NATURE OF RIGHTS

What are rights and where do they come from? Thankfully, as Americans, we have the Declaration of Independence and the Constitution to provide enlightenment on these questions. In the Declaration of Independence Jefferson wrote: “We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.” What a relief to know that our rights come from God, not the state, and that they are “unalienable”, meaning they cannot be taken away. They are not subject to the caprice of the legislature. All other rights flow from our right to life. If this right is to mean anything, then we must have liberty and the freedom to act to preserve our life and even to improve the quality of our life.

Jefferson said that all men have the right to life. Necessarily then, our individual rights can put no positive obligation on another, only the negative obligation of not violating ours. So, when the 1st amendment talks about freedom of speech, it means that others can not prevent you from speaking. It does not mean that others have to listen to you. That would be putting a positive obligation on them. It also does not provide freedom from the consequences of your words. If you call your bosses wife a big fat bitch, he can fire your dumb ass. As an aside, it’s a bad sign for this country when something as basic and straight forward as the 1st amendment can be superseded by the imaginary right to not be offended. It’s scary to see so many colleges and universities, those supposed bastions of free thought and intellectual stimulation, enacting speech codes lest some delicate mind be offended. The world is full of idiots that say offensive things. College students would do well to learn to deal with it on their own.

Like nearly all political campaigns, this years presidential race provides numerous examples of the wholesale violation of individual rights. With all the goodies these guys are promising, you would think they are running for Santa Claus, not president of the United States! After reading both the Democratic and Republican party platforms, it appears that Obama has a clear edge in the Santa sweepstakes. In talking about health care, the Democratic platform states: “…Democrats are united around a commitment that every American man, woman, and child be guaranteed affordable, comprehensive health care.” There is no mention of the corollary to that statement: That someone is then obligated to provide affordable, comprehensive health care.

In the section on “Good Jobs with Good Pay” the Democrats say this: “In America, if someone is willing to work, he or she should be able to make ends meet and have the opportunity to prosper. To that end we will raise the minimum wage…” Besides violating the rights of both employers and employees to negotiate wages, it’s just stupid. How is a guy better off being unemployed from a job that pays $8.00 an hour than he is being employed at a job that pays $6.00 an hour?

Finally, from the section titled “A World Class Education for Every Child” there is this nonsense: “The Democratic party firmly believes that graduation from a quality public school and the opportunity to succeed in college must be the birthright of every child-not the privilege of the few.” Apparently, every time Obama takes a crap he discovers another “birthright” and this one really stinks. Public education is clearly not a “birthright” of anyone. This country thrived for 100 years with no public education system. Parents had the right to choose the length and type of education for their children. In fact, it is an indictment of 100+ years of public education that such a stupid and dangerous belief is now widely accepted.

When individual rights are marginalized by the state, society losses the ability to discern ownership. Does a man own the fruits of his labor? Are some men, by their birthright, entitled to wealth created by others? Justice is not determined by the rule of law but by who has the power and the guns. There is plenty of history that proves this. The socialist ideal requires that state or group rights supersede individual rights. Many in this country seem to be on a quest for “social” justice. It sounds like a noble goal and I’m sure many,especially the young, are idealistic in this pursuit. But real social justice is a by-product of individual justice. Without individual rights, ultimately, the only justice is the justice of tyrants.