08-22-08

In this week's We the People segment, I'd like to talk about the oft quoted "right" to be a criminal, as in to commit crime and the right to break our laws. I'm being incredulous of course, but I have heard many explanations from people who specialize in this particular form of behavior and I think I've heard about every justification you can imagine. Sincere in most instances, but still flat wrong.  

It's simple, there is no "right" to be a criminal, period. Nothing in the US Constitution or Bill of Rights exists that can be construed to mean anything close to this. Is there a right to steal? No. Right to cheat? No. Right to infringe on the rights of others? Nope. Your "rights" stop at the point where the rights of others begin. This is also exactly why it's not a precise or bright line argument. Where do my rights stop and the rights of my neighbor, coworker, business partner, passerby, etc begin? This is exactly why we have laws, to help define where our individual rights begin and end and what happens when they are in conflict.
 
Is it okay to steal for food? No, but that could be a mitigating circumstance. I'd bet that if a person were genuinely in need like that, most people would voluntarily assist. Is there a right to manufacture meth? Definitely not and there's been volumes of information written about the dangers associated with that substance. I actually once had a guy tell me it was his "right" to "cook dope and get high". He, of course, supported his "right" by stealing everyone else's belongings. I told him to tell it to the judge.        

A wise old sage once told me that most of our laws can be boiled down to one of two things, stealing and lying, neither of which are constitutionally protected rights. Straight up theft is easy, but some aren't quite so easy. Assaults can be seen as the taking of someones right to health, well being and peace. Murder, can be seen as the theft of a life that wasn't yours to take. So-called "victimless" crimes, aren't really victimless at all. Society is the victim in those instances and they, we, have been deprived of what the crime is known to cause.

I'm speaking generally, but does this mean that all law is just and fair? No, of course not and this is why courts exist. There are laws still on the books today that we find repugnant, yet they are still "law". There are laws that were based on previous laws that were later found to be unconstitutional and have simply not been properly challenged yet. Enter,... civil disobedience.  

I'm not affirming or negating this as a course of action for anyone, but the fact remains that many of our laws were changed as a result of civil disobedience. It stands as the one tool for civilized people to show their indignancy and disdain for laws that are perceived to be unfair or unjust. The key word here is civil. You do have the right to speak your mind, as long as it doesn't infringe on the rights of others. You also have the right to peaceably assemble and to petition the government for redress of grievances.  

As a contrast, a very infamous war was fought, between Americans, about 143 years ago, yet we are only now arriving at the point where most people are willing to accept cultural differences. As a person of aboriginal descent, I find it extremely troubling and inhumane to know that it wasn't until the later 60's here locally that "two or three indians out in public after dark" were considered a "war party" and could be shot on sight. With all the aboriginal influence and people in this area, how could such a morally repugnant and unconstitutional law continue to exist until then? That law, and others similar, are unconscionable, but they apparently do ultimately fail the constitutionality tests.

Many instances in the past are found that show where roles can reverse and a mob can become the criminal, depriving the constitutionally protected rights of the individual, so this cannot be the sole factor. Might does not make right. I recently watched a very well done movie called The Great Debaters, by Denzel Washington, that superbly makes this point. Excellent movie and I highly recommend it.  

In closing, there is no constitutionally protected right to commit crime. Civil disobedience? Perhaps, depending on the specific issue. St. Augustine is quoted as saying "An unjust law is no law at all." However, if it is just, you have a duty to obey it. 

US Constitution, First Amendment:

“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”

This section of the Constitution is known as the First Amendment, of the first ten, later to become known as the “Bill of Rights”. This writer thinks it’s no mistake or coincidence that it is first in the list of guaranteed individual rights. This writer also thinks it no coincidence that it is backed up by a second guaranteed right to keep and possess arms for militia and personal protection purposes.

A slight departure for a moment. After a many decades old effort by agendized leftists to prove otherwise, the United States Supreme Court recently ruled unanimously (9-0) that it is in fact an “individual right” to possess firearms. Although the larger legal issue of D.C.’s gun ban was ruled unconstitutional by only 5-4 margin, there was NO dissent on the issue of it being an individual right. I’ll say it again, the Supremes ruled UNANIMOUSLY, 9-0, that the second amendment is an INDIVIDUAL right, a fact not widely reported.

Back on task. This arrangement of the first and second amendment seems to indicate that The Founders understood the higher importance of free speech, along with the precious and often controversial nature of a citizen’s ability to speak freely. They also understood that an individual voice should not be suppressed by any means in expressing political viewpoints, no matter how controversial or “adversarial”. Truth, and the pursuit of it, is essential to good governance, government accountability and preserving the liberty of individuals in any democracy. It should be encouraged, not suppressed.

Work and duty related issues aside, which are probably not protected by the First Amendment by the way, do you feel pressured in any way against voicing your opinion about a topic? Do you experience fear or anxiety in contemplating voicing your opinion? Do you worry about financial or social repercussions for holding a particular viewpoint? If yes, you are probably being oppressed. Any person, who would in any way attempt to suppress an individual’s right to speak freely, either does not respect or does not understand the constitution and may likely be complicit in the freefall to tyranny. 

That fundamental right to speak freely was forged by courageous and honorable men whose very existence was on the line in writing the words that served as the predecessor and foundation for the US Constitution and the Bill of Rights,...the Declaration of Independence. That declaration served notice on King George and his tyrannical rule, but it was also a death warrant for its signers. Without that noble effort, America would not exist today. Courageous Patriots, whose total net worth, considerable in most cases, hung in the balance on those words. They are responsible for what you enjoy today as we owe them a debt of gratitude.

Your freedoms were paid for at Lexington and in the cold and snow at Valley Forge. They were paid for again at Gettysburg, and in the skies and trenches of France. Your freedoms were purchased again at the heavily fortified Nazi emplacements of Normandy and the well crafted fortifications of Peleliu. Yet again, in the freezing hills of Korea, the rice paddies of Vietnam, and are still today being paid for in the towns and cities of Iraq and Afghanistan and other parts of the world. Your freedoms were, and still are, very costly!

This July 4^th, turn off the television, put down the Wii, shut off your cell phone, and give some serious thought to what you owe those who bought and paid for what you now enjoy. You didn’t grow up in a vacuum and most of the bills were paid before most of us were born. I know what I’m doing to further those noble efforts. What about you? How are you going to give back? Use it or lose it!