1. Laws should secure to each individual the free
exercise
of conscience, the right and control of property, and the
protection of life.
George Sutherland, who became a United States Supreme Court
Justice said, “‘The individual...has three great rights, equally
sacred from arbitrary interference: the right to his life, the
right to his liberty, and the right to his property. The three
rights are so bound together as to be essentially one right. To
give a man his life, but deny him his liberty, is to take from
him all that makes life worth living. To give him liberty, but
take from him the property which is the fruit and badge of his
liberty, is to still leave him a slave.’
From the Declaration of Independence we read, "That to secure
these Rights, Governments are instituted". Our lives, with
their attendant liberty and property, are precious to us. In
order to protect them, we organize ourselves and sponsor a
government. The government passes and enforces laws to punish
those who dare infringe on the life, liberty, or property of
others. Thus protected, we can engage in other pursuits that
make life worth living. Unfortunately, the fire that cooks our
food can turn it to ashes. The scalpel that heals can also maim.
The pen that shares knowledge can also spread lies. And the
government that defends can also kill, steal, and enslave. As
the Declaration continues, "whenever any Form of Government
becomes destructive of these Ends, it is the Right of the People
to alter or to abolish it".
Therefore, my policy is to examine a law and ask, "Is this law
written to protect the life, liberty, and property of each
individual equally or does it do so at another person's
expense?"
We each have equal claim on our life, our liberty, and our
property. Laws should be written to defend that equal claim. I
cannot exercise my liberty at the expense of your life, liberty,
or property and you cannot exercise your liberty at the expense
of my life, liberty, or property. The complexity of government
is in appropriately defending that balance.
2. They should restrain crime, but
never control conscience. Laws should punish guilt, but never
suppress the freedom of the soul.
It is quite understandable that laws should
restrain crime and punish guilt, but how could a law control
conscience or suppress the freedom of the soul? Is this just
flowery language, describing impossibilities? No, this refers to
the just extent of the law. All true crimes are immoral, but not
all immorality is criminal. How can we tell the difference?
One simple way is to consider how you ought to respond to your
neighbor's immorality. If your neighbor is intent on killing a
random pedestrian, are you justified in using force to stop him?
Of course! If your neighbor refuses to contribute to your
favorite charitable organization, are you justified in using
force to mandate his contribution? Of course not! Both of your
neighbor's decisions might infuriate you, but only one should be
punishable by law.
This can also be thought of as the appropriate separation of
church and state. A religion might tell you what you should or
shouldn't say or eat or drink or do in the privacy of your home.
A preacher might ask for donations for the poor, or recommend
serving your community, or tell you how you ought to spend your
time and money to live a righteous life. But if you refuse, the
worst punishment you face is excommunication from that religion.
And thus it ought to be. These are matters of conscience. The
state has no right to intervene unless you decide to violate
someone's equal claim to their own life, liberty, and justly
acquired property.
3. Laws should be administered in
equity and justice. The commission of crime should be punished
according to the nature of the offense and according to the
offender's tendency to commit crime.
The United States Constitution specifies that, "The judicial Power shall
extend to all Cases, in Law and Equity..." Why equity? What is
equity? Webster's 1828 dictionary gives this definition from
Blackstone: "Equity then is the law of reason, giving remedy in
cases to which the courts of law are not competent. Hence a
court of equity is a court which corrects the operation of the
literal text of the law." The dictionary adds, "doing that to
another which the laws of God and man, and of reason, give him a
right to claim. It is the treating of a person according to
justice and reason."
Laws administered in equity can be scaled back when they ought
not to apply and extended when they are deficient. A way to
provide equity is through a jury trial. Surely a panel of
experts and lawyers could more easily decide the exact facts of
a case, and exactly which laws are broken. But in the interest
of equity, we leave it to ordinary people with no vested
interest in the case to make decisions of guilt. Though lawyers
and judges may try to stifle it, a jury still has the
opportunity to extend mercy when mercy is due and close
loopholes when justice demands.
4. We should obey the laws and
sustain our respective governments while protected in our
inherent and inalienable rights by the laws of such governments.
If we do not exercise our common right to self defense in an
orderly manner, such as through written laws and established
government, we leave ourselves open to criminals who would
organize themselves to deprive us of our lives, liberty, and
property. If we have such a government that thus protects us, we
ought to sustain it, and adhere to its
laws.
5. We should step forward and use
our abilities in bringing offenders against good laws to
punishment. We should appeal to the government when personal
abuse is inflicted or the right of property or character is
infringed; but are justified in defending ourselves, our
friends, and property in times of emergency.
Part of sustaining a good government is yielding to its
mechanisms in order to ensure that justice does prevail. As a
group we can pool our resources into a government to better
pursue justice. However, this does not mean we abdicate the
right to self-defense! Only a government that deprives you of
100% of your liberty can dare to think it might protect you 100%
of the time. While we should defer to government at times in
order to better maintain our liberty, we forever retain the
responsibility to be our own first line of defense or suffer the
consequences of our inaction.
6. I have other strong beliefs
regarding the essential nature of education, charity, community
cooperation, financial planning, etc. However, the choice to
participate in these things is a matter of conscience and not
crime; therefore, they are outside the scope of government and
the law as long as our activities in them do not result in force
or fraud against the life, liberty, and property of those around
us.
This statement refers back to items 1 and 2. I seriously believe
that if the members of a community do not attend to such things
as education, charity, healthcare, scientific progress,
financial stability, and even art, that community will stagnate,
deteriorate, and fail. However, I also believe that a respect
for each person's individual right to their life, their liberty,
and their property is a necessary foundation for the success of
any one of those endeavors. Whenever a well-meaning majority, an
ambitious bureaucrat, or a catering politician violates an
inalienable right for the sake of social welfare, another crack
is made in the foundation of that society until it falls apart
in chaos.
A slavedriver, a thief, and a tyrant each use force or fraud to
provide for their own wants and needs. They could use labor,
exchange, and cooperation, but instead choose to shift their
burdens onto others. We have the same choice before us. How will
we try to build our society? Do we force our neighbors to work
for us and support our ideas, or will we recognize their equal
claim to liberty and build society on a firm foundation? |