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First Amendment rights Fourth Amendment rights general freedom

Lockdowns Down Under

“Australia is suffering a surge of authoritarianism, in part because of its lack of constitutional protections for liberty,” writes J.D. Tuccille at Reason.

Sydney, Australia, is going through another major round of lockdowns. When you see the popular reaction — the mass protests demonstrate how unpopular the lockdowns are — you might be inclined to think there’s hope.

But Mr. Tuccille finds the hope in Americans’ great historic fortune: we have a Bill of Rights.

Australian politicians, on the other hand, express thankfulness that Australia doesn’t have any deep constitutional limits to their powers.

While it is the current Aussie prime minister who plays tyrant today, Aussie tyranny was cogently expressed by a previous holder of the position, John Howard, whom Tuccille quotes — chillingly: 

  1. “The essence of my objection to a Bill of Rights is that, contrary to its very description, it reduces the rights of citizens to determine matters over which they should continue to exercise control.” 
  2. “I also reject a Bill of Rights framework because it elevates rights to the detriment of responsibilities.”

That first point is not made much less bizarre by the prime minister’s elaboration, expressed in a sentence Tuccille did not include, that a Bill of Rights must fail because it delivers “authority to unelected judges, accountable to no one except in the barest theoretical sense.” Yet, lacking a listing of rights, there are few things a beleaguered citizen can do but bend to the cop’s bludgeon and prime minister’s edict. (Hooray for judges?)

That second point is an old canard. Rights and responsibilities go hand in hand; every right has a flip-​side duty.

In the context of a pandemic: people with rights oblige others to negotiate masks and vaccines and the like.

Where? On private property: outside of government. On public property: in legislatures. 

Alas?

This is Common Sense. I’m Paul Jacob.


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Categories
First Amendment rights Fourth Amendment rights general freedom

Lockdowns Down Under

“Australia is suffering a surge of authoritarianism, in part because of its lack of constitutional protections for liberty,” writes J.D. Tuccille at Reason.

Sydney, Australia, is going through another major round of lockdowns. When you see the popular reaction — the mass protests demonstrate how unpopular the lockdowns are — you might be inclined to think there’s hope.

But Mr. Tuccille finds the hope in Americans’ great historic fortune: we have a Bill of Rights.

Australian politicians, on the other hand, express thankfulness that Australia doesn’t have any deep constitutional limits to their powers.

While it is the current Aussie prime minister who plays tyrant today, Aussie tyranny was cogently expressed by a previous holder of the position, John Howard, whom Tuccille quotes — chillingly: 

  1. “The essence of my objection to a Bill of Rights is that, contrary to its very description, it reduces the rights of citizens to determine matters over which they should continue to exercise control.” 
  2. “I also reject a Bill of Rights framework because it elevates rights to the detriment of responsibilities.”

That first point is not made much less bizarre by the prime minister’s elaboration, expressed in a sentence Tuccille did not include, that a Bill of Rights must fail because it delivers “authority to unelected judges, accountable to no one except in the barest theoretical sense.” Yet, lacking a listing of rights, there are few things a beleaguered citizen can do but bend to the cop’s bludgeon and prime minister’s edict. (Hooray for judges?)

That second point is an old canard. Rights and responsibilities go hand in hand; every right has a flip-​side duty.

In the context of a pandemic: people with rights oblige others to negotiate masks and vaccines and the like.

Where? On private property: outside of government. On public property: in legislatures. 

Alas?

This is Common Sense. I’m Paul Jacob.


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(simplified and organized)

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First Amendment rights general freedom ideological culture nannyism national politics & policies Second Amendment rights too much government U.S. Constitution

Enumerated Wrongs

Will the government soon quarter troops in your home?

The Third Amendment prohibits that, sure — but if prominent and powerful Democrats are so anxious to toss out the First and Second Amendments to the Constitution, who’s to say they wouldn’t jettison the Third?

Last year, every Democratic U.S. Senator voted to repeal the First Amendment’s guarantee of freedom of speech and replace it with new, broad powers for them to regulate campaign spending, thereby speech.

Luckily, those 54 senators lacked the two-​thirds margin needed for their amendment.

Now, in the face of “gun violence” and (pssst) terrorism, President Obama, presidential aspirant Hillary Clinton, and true-​blue MSNBC’s Joe Scarborough, want to scrap the Second Amendment. How? By first scrapping the Fifth, which guarantees that “No person shall be … deprived of life, liberty, or property, without due process of law.” They demand that Americans on the so-​called “terrorist no-​fly list” be denied the Second Amendment right to a firearm, despite the fact that the bureaucratically created no-​fly list offers not a scintilla of due process: no charge, jury, trial.

Would this new regulation have prevented the San Bernardino murderers from getting guns? No — they had recently flown across the world.

The frequent-​flying Boston Marathon bombers didn’t make the list, either.

But the list did label an 18-​month-​old girl a terrorist, snatching her rights like taking candy from a … toddler.

“Just what will it take for Congress to overcome the intimidation of the gun lobby and do something as sensible as making sure people on the terrorist watch list can’t buy weapons?” Mrs. Clinton asked rhetorically at a campaign event.

Answer: an illegal abrogation of the most fundamental and cherished rights in human history.

This is Common Sense. I’m Paul Jacob.


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Bill of Rights, Ten Amendments, Freedom of Speech, Bear Arms, Common Sense

 

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First Amendment rights U.S. Constitution

A Holiday Declaration

Ten days before Christmas, America noted the 218th anniversary of the Bill of Rights … and I hadn’t even finished my own holiday shopping. I might wish that I could get you a pristine, enforceable Bill of RIghts, but it’s not just up to me.

It’s up to Congress, the Judicial branch, and the Executive as well. That’s a lot of people who need to be “on the same page.”

But it shouldn’t be impossible. The Bill of Rights, the first ten amendments, are short and clear. They easily fit on one page.

What you may not know, however, is that these amendments were based, in part, on a previous version known as the Virginia Declaration of Rights. The earlier version is helpful to establish context and eludicate meaning.

Perhaps even more interesting is the fact that some of the Declaration’s enumerated planks lack specificity. They serve as general reminders of how government is supposed to operate. Consider the 15th plank, which states that “no free government, or the blessings of liberty, can be preserved to any people but by a firm adherence to justice, moderation, temperance, frugality, and virtue and by frequent recurrence to fundamental principles.”

I hate to be the bearer of bad news on Christmas, but that sense of how government should work is no longer followed as the law of the land. Boy, I sure have a great idea for a New Year’s resolution.

This is Common Sense. I’m Paul Jacob.