Tag Archives: Illegitimate government

Taking Liberty for Granted, by Andrew P. Napolitano

A governments that does not protect its citizens’ natural rights can and should be replaced with one that does. From Andrew P. Napolitano at lewrockwell.com:

“Eternal vigilance is the price of liberty.”
— Thomas Jefferson (1743-1826).

No one knows if Thomas Jefferson personally uttered those words. They have been widely attributed to him, but they don’t appear in any of his writings. If he did not literally utter them, he uttered the sentiments they offer. They remind us not to take liberty for granted.

As America returns to pre-pandemic normalcy, we should think about the dangers of taking liberty for granted. This column has argued frequently that personal liberty is our birthright. It is a natural right. It doesn’t come from the government. It comes from our humanity, which is a gift from God. As God is perfectly free, so are we.

The Declaration of Independence and the Constitution presume that our liberties are natural and cannot be suppressed or taken away by the government absent due process.

Due process requires a notice of charges, a fair hearing with all constitutional protections at which the government must prove fault, and the right to appeal. The Constitution doesn’t grant liberty; it restrains the government from infringing upon it.

Some liberties are so essential to the pursuit of happiness that the Constitution prohibits their infringement, period — with or without due process. These are the liberties that we exercise every day — worship, speech, peaceable assembly, self-defense, privacy, ownership and use of property, commercial transactions, travel. We voluntarily establish governments to protect our liberties.

Are the governments we have established morally legitimate? They are when they have, as Jefferson wrote in the Declaration, the consent of the governed, and when they defend our liberties. Absent consent and defense of liberty, government is not legitimate.

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Trump’s Potential Legacy: 50 Million+ Enemies of the State, by Tho Bishop

Does thinking that current governance is completely illegitimate make one an enemy of the state? From Tho Bishop at mises.org:

Well, they finally got Donald Trump. But he sure scared the bejesus out of them. It took a massive five-year campaign of hysteria, of fear and hate, orchestrated by all wings of the Ruling Elite, from the respectable right to the activist left. The irony, of course, is that the last actions of Trump’s presidency highlighted how little of a threat he, as an individual, truly was to the deep corruption in America’s government. Lil Wayne may be free, but figures like Julian Assange, Edward Snowden, and Ross Ulbricht are not. The Fed’s big fat bubble has only gotten larger as Wall Street has thrived, while American workers continue to be “discriminated against.”

If historians look back at simply the Trump administration’s policy legacy, the controversial nature of his tenure may confuse. A record of tax cuts, deregulation, runaway spending, an Israeli-Saudi-focused Middle East policy, criminal justice reform, and stacking the federal court with conservative judges on paper seems firmly aligned with the Republican Party of the modern era. Compromises on gun issues, the inability to replace Obamacare—or even reject its core tenets. His calls for larger stimulus relief would perhaps lead some to believe that he was relatively moderate in the current environment.

Looking back, Trump’s most radical act of governance may be his simple embrace of federalism in the face of the coronavirus. Whether this stemmed from a genuine belief in the limits of practical federal power or a desire to have the flexibility to blame governors if a state’s response became unpopular, the administration’s willingness to allow states to take the leading role in devising a policy response allowed for one of the greatest illustrations of the importance of political centralization in recent American history. Trump allowed Florida to be Florida and New York to be New York. The ability to compare state performance has been essential at a time when “medical experts” were being weaponized in support of covid tyranny.

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