Sunday, March 24, 2019

Government 101

There is an old expression: If you trust the government, you clearly failed history. 

Americans are not meant to trust the government.  Americans were never meant to trust the government.  Trusting the government is unAmerican. This fundamental principle is baked into the founding DNA of the nation. The founders understood how dangerous the power of government was,  necessary, perhaps, unavoidable even, but terribly dangerous.

To that end, James Madison wrote a constitution that  specifically constrained the new Federal Government to clearly delineated, restricted, limited, and enumerated powers.  The response from the several States?  Not good enough, and we don't trust you. . We need a Bill of Rights.


Federalists like Madison and Hamilton argued that the Constitution did not need a bill of rights. The powers delegated to the Federal Government were explicitly limited and the people and the states kept all other power.  The Anti-Federalists (who eventually won out - or at least won a compromise) held that a bill of rights was necessary in order to safeguard individual liberty.  Why?  Because the Constitution is not good enough, and we don't trust you.  We want it in writing.

So Madison swallowed his pride, plagiarized George Mason (Virginia Declaration of Rights), and drafted up a package of 12 amendments to satisfy the various states. Ten of those amendments became the first ten amendments which we now know of as the bill of rights, the first actually became the 27th amendment.  The last one dealt with making certain that congressional districts didn't get to large and was never adopted.

Here is the key thing though.  The Bill of Rights does not establish or create ANY rights.  Everyone from the most ardent Federalist to most vehement Anti-Federalist agreed on this principle.  The rights enumerated in the Bill of Rights were just that, enumerated.  Just as the Virginia Declaration of Rights didn't create them but declared rights.  They already existed.  Fully formed, like Athena from Zeuz's head.

These rights, be they freedom of speech, or religion;  the right to keep and bear arms; to be secure in ones papers and possessions; the right to be judged by ones peers; or to be free of cruel and unusual punishments... These are not granted by the constitution. These are pre-existing, fundamental, inalienable, inseparable, basic rights of the People.   All people.  Wherever they are and whomever they might be.  Not American Rights. Universal ones.  From the single mother in Modesto to the goat herder in Uzbekistan.

Any other interpretation is a lie. A falsehood.  Incongruous with the historical record.  And when a government claims otherwise?  Not good enough, we don't trust you, we never will.

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