Our founders were not as Libertarian as some people would have you believe. After all, the goal of the American Revolution was NOT to get rid of government but only to stop government abuses (think no taxation without representation). They were not in favor of 100% individual Liberty, if they were they would never have created any government at all.
I have for many years tried to get people to see the Constitution as a usurpation of power away from the people and into the hands of the state. All government is the use of force against a free people. Our forefathers wanted to have some semblance of freedom and liberty in this new country but they were still acutely aware of the fact that government, left unchecked, will enslave the people again.
One does not need to look much past Ben franklin to see this. When he was asked what type of government that the colonist gave this country he responded “A republic, if you can keep it”. That alone should tell anyone who studied our history that they knew what they were doing was dangerous to a free people. None-the-less, they did it anyway. As such, they replaced one government (a monarchy from King George) with another (a Constitutional republic, of/by/for the people).
The obvious goal of course, was to be able to keep all the citizens entrenched with the knowledge of our government so that each citizen could hold the government officials accountable. The Constitution was not put in place to give the citizens anything at all (contrary to popular belief). It was created in the hopes of being used by the people as a means of CONTROLLING the government.
This actually worked well for some time but it took less than a century to make Ben Franklin’s worries come true. We can easily see what I mean when we look at the Bill of Rights. Take for instance just the First Amendment. Whom do you think that First Amendment applies to? When using the argument of “free speech”, for an example, many would claim that it is our constitutional right. The problem with that thought is that it is not true.
The Constitution did not give you the right to speak freely. You already have that right. It is one of your unalienable rights that is born into you when you come into this world. The First Amendment does not say “each citizen shall receive”, it starts out with “Congress shall make no law”. That means that the First Amendment applies to CONGRESS not the people. It is telling the people that the Congress they elect will create no law that infringes upon their rights listed.
Most people also forget that the Constitution applies ONLY to the Federal Government, or at least that is what was supposed to happen. That is one of the reasons that each state had their own governments and their own constitutions. It worked well until the end of the Civil War era. Then the dismantling of American Liberties began in earnest.
The Bill of Rights that everyone is so hot over was meant to limit the power of the federal government, nothing else.
That all changed when the framers of the 14th Amendment went to work. Since the Constitution ONLY applied to the federal government and NOT the state governments, they had to craft an amendment that would apply to each of the states as a national edict. The Constitution was meant to control the federal government, that would mean that the creation of the 14th Amendment would not apply to the states, just like the rest of the Constitution does not apply.
One common thread between the states and the federal government was the law. To circumvent the limitations of the Constitution and force this new national edict on the states, the “due process” clause was worked into the amendment. It was a very sneaky way of doing things but it worked. Since then, the due process clause has been used in case after case by the Supreme Court to apply the Bill of Rights and other parts of the Constitution down upon the states.
Unfortunately for us, this precedent has not yet run its full course and we have not yet seen the ending of the battles yet to come. With the incorporation doctrine, where the cities and states are incorporated, this due process clause gets widely applied making state and county constitution nearly meaningless. This is now the way it is used and many people, legal and otherwise, seem to accept it has it is.
However, there is still more to come.
Once you start down the slippery slope, there is always more to come until it applies to the lowest common denominator. We have not seen it applied to private property yet. I said yet, because, like I mentioned, it will not stop until it hits bottom….that is…the individual.
For now, people seem to be able to protest anywhere they want under the guise of free speech. But that too is rapidly changing even as I write this. Do not forget that over the last few years, the government has developed “free speech zones”. Places where dissenters can go and protest outside of the eyes of politicians. Do not forget the newly created directives that say you cannot protest where the secret service is a presence either.
Soon, if we haven’t already seen it happening, there will be laws stopping people from protesting in front of buildings and people’s residences. Next, we will see the laws that stop you from exercising your rights on your own private property. Things like, you cannot have fellow worship on your own property because too many people there might represent a “hazard”.
Slowly but surely, the federal government is turning tyrannical. Our government continues to grow at leaps and bounds under control of both major parties. Our freedoms continue to disappear. Our republic is becoming lost. And WE THE PEOPLE are doing nothing about it. The dismantling of American Liberties will continue until the pain becomes so great that the people will do something about it.