The Consent of the Governed – A Further Discussion

QuestionThe Virginia Declaration of Rights prefixed the Virginia Colony’s constitution and was written by a reluctant statesman and largest landowner, George Mason.  In sixteen statements on government and the rights of man, we find the consent of the governed and the need for controls on government pertinent to our day and time.  For this article, we are focused upon the first three articles in the Declaration of Rights and the fundamental principles of liberty that must be refreshed and revisited often to maintain a government of the people, by the people, for the people, and where the consent of the governed is respected.

      1. All men are by nature equally free and independent, have certain inherent rights, … namely the enjoyment of life and liberty, possessing property, and pursuing and obtaining happiness and safety.”

This first declaration is important for several reasons. The first is that it places responsibility upon the individual made free to maintain their rights by exercising those rights responsibly and in a manner that the government expects.  How the government is expected to behave is modeled on how people in society behave.  Hence, freedom is a double-edged sword; want to keep your liberties, the way you act is how the government will act.The Duty of Americans

      1. All power is vested in, and consequently derived from, the people; that magistrates are their trustees and servants and at all times amenable to them.”

Have you ever had a bureaucrat treat you like you are scum; well, maybe it is time we reminded them of this principle!  The Department of Veterans Affairs (VA) is regularly documented on this blog as abusing, killing, and harming veteran patients.  I use this principle as the backbone of logic to try and reprimand Congress and the VA into improving their behavior.  I document the behavior of the US Postal Service, the different state Departments of Motor Vehicles, and other government agencies for abusing the taxpayers and acting like feudal lords instead of public servants.

Amenable is described as agreeable, ready to consent, willing to accept a suggestion, or submit to authority.  How many times has a bureaucrat treated you in an amenable manner?  Heck, having worked with them as a fellow employee, I can affirm they are not amenable to their bosses, let alone the customers.  There is a cultural problem in the bureaucratic mind, rejecting all authority as they are protected by labor unions and a quagmire of laws!  Do you think this should be changed for the benefit of the public good?Plato 2

      1. Government is or ought to be instituted for the common benefit, protection, and security of the people. … A majority of the community hath an indubitable, unalienable, and indefeasible right to reform, alter, or abolish it, in such manner as shall be judged most conducive to the public weal.”

I realize the language here is a bit old-fashioned.  All right, a LOT old-fashioned.  Let’s break this down.

        • Indubitable: Anything that is so plain that doubt cannot be admitted is indubitable. For example, water is wet.  If I throw water on you, you will get wet.
        • Unalienable: Also known in legal documents as inalienable. Describing something that cannot be separated from a whole, given away, taken by another, or discharged without destroying the whole.
        • Indefeasible: Anything that cannot be voided, annulled, or defeated; something permanent. This is mostly a legal term.
        • Public Weal: A way of saying public good, the public well being, or the prosperity of the general public, not just the special interests, select citizens, etc., but all citizens.

Mr. Mason is declaring here in the third article that governments can be reigned in, changed, abolished, and remade if the majority of the citizens demand it and if the changes are beneficial for the public good and prosperity.  Consider this for a moment; since Jan/Feb 2020, America, and the world, has witnessed runaway totalitarian government hysteria over a viral infection with a 98%+ survival rate.  As a scientific fact, the annual flu is more dangerous than COVID-19 globally; yet, the flu does not shut down a business, close schools, and ruin economies.  Since the start of COVID, there has not been any Flu-related deaths or Flu-related illness at all.  Doesn’t this raise some serious concerns in the COVID-Mandates and measures?quote-mans-inhumanity

Using the pattern outlined by Mr. Mason, the people being represented can withhold their consent to be governed, reject the current government, or eliminate the current government and start a new government if the changes are more beneficial to the public good.  I find this pattern interesting both in a philosophical and academic sense and in a practical sense.  Long have I argued that the officers of government should have a fear of the ballot box and the people they are responsible for representing.  The insanity we are experiencing because the politicians have gerrymandered the congressional districts to protect their election results is not ethical or moral and is barely legal.

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” [emphasis mine].

          • Justice: Decency to all as a behavior of equality and commitment to moral rightness.
          • Moderation: This is all about not going to extremes, being restrained, knowing the boundaries and staying within limits, and being reasonable and approachable.
          • Temperance: While primarily used in drinking alcohol, this also applies to any behaviors where self-restraint, moderation, and expressions or observance of temperate behaviors are required.
          • Frugality: Besides being a good steward of other people’s resources, being frugal requires being sparing, prudent, economical, thrifty, and reserved.
          • Virtue: Requires moral excellence, modesty, personal dignity, goodness, and conformity to a standard of righteousness.

Knowledge Check!The Eagles sing a song called “Lyin’ Eyes,” in which truth is revealed:

There ain’t no way to hide your lyin’ eyes!”

Look to the politicians.  I do not care about your political affiliation.  Take an honest look at them, their deeds, and their faces; can you see their lying eyes?  Use the pattern discussed above; are the politicians in public office right now frugal with your hard-earned tax dollars?  Do they practice virtue in public and private?  What about moderation and temperance?  Do they perform their jobs with justice and moderation?  If so, do they deserve your vote to stay in office?  If not, do they earn your vote to remain in office?Scared Eyes!

Better, would you trust them to watch your children in your home while you went out to dinner with your significant other?  Your consent to be governed is expressed firstly in the ballot box, next in the actions you take, and then in your investment in trusting that person to continue under supervision.  Too many local politicians have set up permanent camps because Federal politics is so amazingly in-your-face atrocious and attention-grabbing.  But, your local school board wields considerable power that affects you more directly, and they get away with abysmal behavior while the focus is on State and Federal elections and politics.

Local judges have set up horrible empires of inefficiency, dastardly inefficient and unjust, almost criminal courtrooms, while the attention is focused elsewhere.  Mayors, County Supervisors, City Councils, and the list goes on and on of political empires designed to do serious and lasting harm, steal your consent to be governed, and ruin America, all because the focus is on the more noticed elections at the state and federal levels.Modesty

America, tell me, is the government you witness daily the government you deserve?  What about the other representative governments across the globe?  Australia, has your government overstepped its legal authority and demonstrated enough contempt for the consent of the governed?  China, has your government punished you sufficiently to consider a change of government?  Hong Kong, you are being punished for agreeing to a treaty that was full of pie-crust promises, and your productivity has been propping the unjust communist regime since you joined the mainland.  Have you had enough yet?

LookI weep for Venezuela, Cuba, Brazil, Hong Kong, Vietnam, and so many other countries where the people’s voice was twisted, distorted, stolen, or outright silenced to implant a government that does not represent the people.  But, the principles remain the same; your consent to be governed remains the tinder upon which your money is exchanged.  Your consent to be governed remains the trust used to keep unjust regimes and totalitarian officers in office.  Your consent to be governed is the straw that will break the camels back and force changes to government.  If the last century has taught us anything, when the people have had enough, collectively stand, and refuse their consent to be governed, blessed change will come, and governments crumble and blow away like dust in heavy winds!

Let us withhold our consent to be governed until the government starts listening to us, not the special interests, their own capacious egos, and monied influencers!

© 2021 M. Dave Salisbury
All Rights Reserved
The images used herein were obtained in the public domain; this author holds no copyright to the images displayed.

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Respect – The Key Missing Ingredient

In Tom Clancy’s book, John Clark, “Rainbow Six” discusses the predictability of terrorists and how terrorism has rules.  However, the terrorism witnessed since May 2020 is refusing the old rules, as if they were not written in the blood of dead terrorists, and the main ingredient missing is respect.  Respect for the consequences, respect for death, respect for the need to have a functioning society to build your Marxist utopias in when the current government folds.  Throughout history, respect has been a tool, a weapon, and entirely missing from societies at various times and seasons.

Ask yourself, what was the difference between the Hong Kong riots and the George Floyd riots?  The difference is respect.  Sure, both riots had stupid people who resorted to violence.  Absolutely, both riots involved governments who acted in the most dysfunctional manner possible.  But, the Hong Kong rioters (terrorists) never gave up respect for themselves and their cause.  In contrast, their American counterparts never had respect for themselves, their cause, or their communities and just wanted to destroy things!

What is respect?

Aretha Franklin is famous for one of her songs, “R-E-S-P-E-C-T,” and all she wants is some respect for the loving she is willing to give.  Yet, from the lyrics, one is left wondering if she ever got her respect from the one she loved.  Aretha Franklin was reflecting to the world that love is not everything needed in a relationship, Sorry Beatles, and must be accompanied by respect!

Webster clarifies respect, claiming that respect involves providing special attention to, or regard for, another person or thing.  However, that definition does not encapsulate the essence of respect.  Other descriptions for respect include higher regard or esteem for something or someone.  Finally, we have suggestions that esteem and special consideration for someone or something are needed to fulfill the requirements to provide proper respect.  Thus, one must return to the etymology of the word respect to gain further insight.

Respect was originally used between 1300 and 1350, derived as a middle English Noun, from Old French, or directly from Latin Respectus, “action of looking back, consideration, and regard.”  Therein lies the key quality in respect, action, and history.  Proper respect is shown when history is considered, and action is taken to regard that history.  Taking us back to the terrorists in Tom Clancy’s book “Rainbow Six.”  By not properly regarding the lessons learned by previous dead terrorists, respect was lacking, and the terrorist’s mission was a failure before they boarded the plane.

Action

When discussing action in respect, we refer to deeds or the process of taking action to understand the deed mentally before physically moving.  Consider the rioters in Hong Kong; they knew that by taking action, they ran the risk of death, had to come to terms with receiving physical violence of state enforcers, and had to respect the violence potential, and felt compelled to act.  Whereas, in America, there was no respect for activities done by state enforcers in previous riot situations, as the state enforcers have been shackled and hamstrung by laws to protect the terrorist rioter’s rights and liberties.

Which party reflected proper respect; honestly, both did.  Why; because they both knew the potential and showed the government’s problems in their respective societies.  This is where America has been since the Los Angeles, California (1992) riots.  Law and order are actively shunned due to both disrespect for law and society and respect for the knowledge that police are hamstrung and neutered in response to large-scale public rioting (terrorism).  Why did Ferguson, Missouri last as long as it did; a lack of respect for the individual and respect for the knowledge that the rioters (terrorists) could do anything they wanted and escape without responsibility.  Follow the pattern in riots since 1992, and you will find disrespect for actions taken being the sole variable in the equation linking all the riots together.

History

History and respect remain intertwined to the point that if a person does not understand their own history, they will not respect themselves, their cause, or even their society.  Again, using Hong Kong and America as examples, we see the history of Hong Kong respected by the protestors.  Hong Kong has always been a separate entity, never a “Chinese” possession.  Always separate from the mainland physically, mentally, emotionally, and governmentally.  China promised that if Britain gave China to the Chinese, Hong Kong could retain its liberty, individualism, and separate status.  Guess how long that lasted, not even long enough for the ink to dry on the treaty documents.

China is in direct violation of the treaty documents where Hong Kong is concerned, but China does not care.  Why; disrespect for the west, the United Kingdom, and the people that make societies and cultures.  Why is China able to disrespect the treaty on Hong Kong?  They do not recognize the history of Hong Kong, they pervert history to their purposes, and Chinese government leaders disrespect themselves, like all good communists.  Hence, we can see a direct result of what happens when a nation disrespects its own history.

But, does America understand the lesson being taught by the riots in Hong Kong; nope!  Not only did America’s rioters (terrorists) tear down visible reminders of history, they refuse to learn history as an active rebellion, considering history to be useless.  Thus, the ignorance of the terrorists is their Achilles’ heel and how to beat them forever at their own game.

Suggestions for winning the moral high-ground back!

The following are suggestions for launching a legal counter-attack to the stupidity and disrespect of those who continue to disrespect America.

      1. Learn history! Not the rants from school, not the lies and the tortured history from K—12, I mean real history.  Sourced from multiple sources where research was conducted and then supported by published references.  History is amazing; take the learning plunge!
      2. Respect yourself! You are unique, special, and deserve a society free from terrorism and terrorists masquerading as “peaceful rioters.”  A community free from terrorism starts with respecting yourself.
      3. Respect your actions by knowing why you are taking the actions being taken. Some of the summer of peaceful rioting videos included a black person stomping (jumping up and down) on another black person in support of George Floyd.  It made no sense then; it makes less sense now.
      4. Respect your community. Respecting your community includes voting, staying interested in how the elected official is doing, and raising your voices legally to correct the behavior of wayward politicians.  Respect for your community does not include burning businesses to the ground, looting, or smashing public property.
      5. Even when you disagree with authority, respect that authority enough to handle your concerns appropriately.

© 2021 M. Dave Salisbury
All Rights Reserved
The images used herein were obtained in the public domain; this author holds no copyright to the images displayed.

Rights, Liberties, Freedoms, Responsibilities, Privileges: A Definitive Declaration!

Knowledge Check!In a previous post, I wrote about the principle of self-control and liberty in law; I did not realize the turmoil caused by not understanding the difference between a right, liberty, freedom, where responsibility enters, and how these principles work together.  My apologies; I learned these differences as a child and never considered that others might not be able to detail, define, describe, and delineate between these fundamental principles.  My plan originally with this article was not to provide a definitive declaration; then, I researched some of the claptrap online being passed off as learned scholarly discussion and was disgusted!  Thus, my aims and intents changed; I would see this article be referenced and used to aid in clearing up the confusion generated by word plasticity and modular language tyranny.

Along the way, I will include both links and resources for further study for your ability to grow and feel confident in defending rights, liberties, freedoms with responsibility and dedication.  Only through learning can we, the owners of representative governments, begin to change government direction and regain our liberties and freedoms!

RightsApathy

The founding fathers of America understood rights and called them inalienable.  There is a reason for this; rights cannot be taken away.  An individual can give rights away, but because a right is inalienable, it means a power greater than the government has distributed these rights, and all are equal in their possession of these rights.  Inalienable specifically refers to rights that cannot be surrendered, transferred, or removed permanently from a person.

How does a person give away an inalienable right; they refuse to accept that a right is inalienable.  Consider the US Bill of Rights, a document full of those inalienable rights or rights that cannot be surrendered, transferred, or removed permanently from an individual.  Consider one of the first inalienable rights discussed in the US Bill of Rights, religion.  What you believe is your choice; nobody can, or should, have the power to tell you what you believe.  Belief transcends thought into a unique place inside your brain; some would call it a soul.  Depending upon your flavor of religion, a soul could or could not exist.  I am not writing a definitive declaration about religion, I am writing about rights, and your personal belief where religion is concerned is fundamental to you expressing yourself.

Plato 2Is the distinction clear?  A right cannot be stripped from you by anyone, ever unless you choose to deny your inalienable rights to that particular right.  For example, the US Bill of Rights declares your ability to defend yourself is an inalienable right.  You choose how to protect yourself, e.g., guns, fists, sticks, knives, alarms, police, etc.  How you choose to defend yourself is your inalienable right, and you deserve to be protected in your rights to self-defense.  If a person attacks you, you have the inalienable right to self-protection.  This is established through case laws.  How many women have been physically, sexually, and mentally abused by a spouse or partner, who then took action to defend themselves and were acquitted at trial; too many to mention in a declaration on rights.  Just know, you have a right to self-defense, and this right can never be stripped from you by anyone but you.

Liberties

Liberties are a little more complicated to define and detail.  Some applications of the word liberty include freedom from confinement, servitude, or forced labor.  Whereas liberty is also a power to act as one chooses, even if that action breaks a society’s accepted standards, i.e., laws.  Liberties can also include unwarranted risks, deviations from facts (lies), departing from compliance to the accepted and proper methods of prudence.

The Duty of AmericansIn most societies, you can purchase and legally become the owner of an item due to the purchase.  Thus, liberty allows you to become free to use that purchase however you desire.  Until the use of that purchase interferes with someone else’s inalienable rights.  For example purchase of a baseball bat is legal, mostly around the world.  Use that baseball bat for its intended purposes, i.e., to play baseball or softball, and the government does not infringe upon your liberties.  Use that baseball bat outside its intended purposes, to break windows, cause injuries or property damage, and you can lose your liberty and your property.

Imperative to understanding, liberty can be taken by force through the law, government action, and or improper use of liberty.  Perform an imprudent act, and someone is going to take your liberty away.  For example, in Hong Kong, China has ruled that freedom of speech has been curtailed.  While freedom of speech is an inalienable right, China refuses to honor free speech as an inalienable right, and Hong Kong peoples suffer.  The people of China and Hong Kong can still speak their minds exercising their inalienable rights, but taking these liberties to exercise their rights, has been strictly and violently enforced by a government refusing to believe people have inalienable rights.

PatriotismThus the confusion and complication in defining and detailing liberties.  Liberties can be taken and refused; liberties can be eliminated by government force and social changes.  Liberties are not inalienable rights or even a right.  You do not have a right to liberty.  You may pursue happiness, but achieving happiness is not a right, freedom, or liberty.

Consider the purpose of government as detailed in the US Constitution’s preamble:

“… In order to form a more perfect Union (Government), establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the Blessings of Liberty to ourselves and our Posterity.”

Consider also the purpose for the US Bill of Rights, as the first amendments to a brand new constitution:

“… Prevent misconstruction or abuse of its (US Government) powers, that further declaratory and restrictive clauses should be added, and as extending the ground of public confidence in the Government, will best ensure the beneficent ends of its institution.”

The government creates liberties, calls these rights, and then attempts to confuse the problem.  For example, welfare benefits as currently understood (2021) are significantly different from welfare benefits understood in (1920) America.  Today, people on welfare benefits consider their government-provided support a right when in actuality, it is barely a liberty.  Most importantly, those welfare benefits can be restricted, removed, curtailed, curbed, and denied based upon the whims of government.  This is why welfare is not a right and barely a liberty.  Welfare benefits are barely a liberty because someone else has to pay for the privilege of supporting another person through forced taxation (legalized theft).Life Valued

Freedoms

Freedoms are even more complicated, and freedoms have been made more challenging to understand purposefully by political design as a means to steal liberties and rights from individuals, under a myriad of different names, i.e., social justice, equality, freedom, and civil liberty, etc.  Let’s start with civil liberties, which are neither a right or a liberty, regardless of the politician pushing the name.

LookCivil liberties are freedoms you pay the government to enjoy.  For example, driving a car requires a license.  By issuing licenses, the government can control the population, even though driving is considered a privilege, a right, and is often confused with “freedom of the open road,” which is two lies for the price one.  Another example is marriageMarriage throughout human history has been a tug-of-war between religion and government.  As a point of reference, marriage ceremonies are unique in the human condition anthropologically speaking.  But, as a civil liberty, the government can restrict you from marrying your pets, marrying objects and can grant and deny marriage privileges as it deems appropriate to the political situation.

The state does not recognize some religious ceremonies for marriage, which means that marriage is null and void under the state’s control. Yet, under that religious belief, that marriage is binding.  Consider China again; China refuses to honor Christian marriage ceremonies as valid under the law and several other religions and religious traditions.  Thus, civil liberties are at best an approved and licensed government action, not freedoms, liberties, and rights.  As the saying goes, “The government giveth and the government taketh.”

quote-mans-inhumanityFreedoms are often defined as political independence, which is fine insofar as civil liberties are concerned.  Freedoms entail several other qualities that the government cannot give, take, invent, or delete.  True freedoms do not need legal support from case law to be enjoyed.  True freedoms include living without restraints, acting without control or interference, and not being bound by conventions, rules, and authorities.  It cannot be stressed enough, even though liberties and freedoms share some components, they are merely similar, not identical.  In trying to push liberty and freedom as equivalent, the tyranny of language is discovered to sunshine disinfectant.  A right, especially those inalienable rights, are not freedoms or liberties to be granted and removed at the power of authority, and the distinction should be clear.

Privilegesquote-mans-inhumanity-2

Privileges are easy to understand; privileges are permission granted at the request of an authority to grant limited power, responsibility, or situational control over something.  What is a driver’s license, the privilege to drive, which can be revoked at the whims of the government issuing the privilege (license).  Civil liberties are a privilege granted by an authority; ownership is not conveyed, legal responsibility extends only for the controlled use under strict supervision by the authority.  For example, while a state employee, I was granted the privilege of operating a state-owned vehicle, provided I followed all the rules set forth by the state issuing that privilege.  Ending state employment ended the privilege of operating that government vehicle.  Easy enough to understand, a privilege is not a liberty, freedom, right, or inalienable right.

A privilege also contains immunity from commonly imposed laws, standards, and social constraints.  Think of the police officer who makes a right turn across multiple lanes of traffic.  To conduct their job and fulfill their duties, police officers sometimes have to break laws to enforce a greater law or protect the safety of others and are immune from breaking those traffic laws that the rest of us must follow.  However, even in this instance, a privilege is not freedom, a right, or liberty, simply authority granted immunity when on the job to act in a manner that supports public safety and enforces the state’s authority over driving privileges.

The Role of ResponsibilityPresident Adams

Responsibility is a word that gets thrown around too often where the definition is muddied, and the intent is to harm and control someone else.  Responsibility is nothing more or less than the condition of being required to account for one’s actions, behaviors, and the consequences of the same.  For example, a defendant in a courtroom can be required to account for and make restitution for behaviors, actions, and consequences that were out of compliance with societal norms; we call this type of responsibility justice.

On a less extreme example, a child is out throwing rocks, the rock thrown breaks a window, who is responsible, the child or the parent?  The child should be held responsible and taught accountability; however, society is moving more and more towards holding that parent responsible.  Except, does this hurt or help the child stop throwing rocks?  Now, I have heard parents proclaim that throwing rocks is a right of passage for children, and the child should not be responsible for the consequences.  Therein lay the problem with freedoms, liberties, privileges, and rights, the role of responsibility.

Exclamation MarkIt has been said that my freedom of speech ends where your nose begins.  Thus, I cannot exercise my freedom of speech through physical violence, or I lose my right to speak and, more likely, some freedom and property as well.  Thus, the role of responsibility begins with knowing the extent of and limitations formed around rights, freedoms, liberties, and privileges, for ignorance of the law is not an excuse.  Our responsibility of living in society is to know the rules that form the laws and the social constraints of that society.

For example, the people of Germany have worked hard to make their country beautiful, and the principle of living in a Germanic society is In Ordnung.  If something is out of order, for example, litter, the person creating that situation outside of order is publicly shamed.  In America, the societal norms have been beaten and hindered, so that a person coming into America illegally has the rights, as granted by the government, not to learn the language, learn the culture, or even assimilate.  Whereas those coming legally into America are required to learn, adapt, and assimilate into America.  Thus, the role of responsibility can be used selectively to provide civil liberties to one group while withholding those same rights from others based upon political conditions.

Conclusion

Image - Eagle & FlagRights, especially inalienable rights, are yours as provided by a higher power than the government.  Liberties are the power to act without constraint, provided your exercise of liberty does not infringe upon the inalienable rights of another.  Freedoms rest upon political independence, something feared by every bureaucrat and power-mad politician in history.  Privileges are permissions granted by a higher authority to conduct business or fulfill a purpose.  Civil liberties are not liberties, but privileges can be taken away by authorities and social changes.  Regardless, the role of responsibility is inseparably connected to rights, liberties, freedoms, and privileges. One day, accountability will be demanded for the responsibilities connected to how a person used their liberties, freedoms, rights, and privileges.

References

Leadbeater, C. W. (1913). The hidden side of things. Wheaton, IL: The Theosophical Publishing House.

Lieberman, M. D. (2013). Social: Why our brains are wired to connect. NY: Oxford University Press, USA.

Poerksen, U. (2010). Plastic words: The tyranny of a modular language. NY: Penn State Press.

Paine, T. (2008). Rights of man, common sense, and other political writings. NY: Oxford University Press.

Tucker, W. (2014). Marriage and civilization: How monogamy made us human. NY: Simon & Schuster.

© 2021 M. Dave Salisbury
All Rights Reserved
The images used herein were obtained in the public domain; this author holds no copyright to the images displayed.