Archive for constitution
Is there still a Bill of Rights?
Posted by: |Today is the 220th anniversary of the Bill of Rights being passed. Cato-at-Liberty surveys the current state of these safeguards, and it is not particularly pleasant to consider how pathetic this rogue government has become.
Let’s consider each amendment in turn.
The First Amendment says that “Congress shall make no law… abridging the freedom of speech.” Government officials, however, have insisted that they can gag recipients of “national security letters” and censor broadcast ads in the name of campaign finance reform.
The Second Amendment says the people have the right “to keep and bear arms.” Government officials, however, make it difficult to keep a gun in the home and make it a crime for a citizen to carry a gun for self-protection.
The Third Amendment says soldiers may not be quartered in our homes without the consent of the owners. This safeguard is one of the few that is in fine shape — so we can pause here for a laugh.
The Fourth Amendment says the people have the right to be secure against unreasonable searches and seizures. Government officials, however, insist that they can conduct commando-style raids on our homes and treat airline travelers like prison inmates by conducting virtual strip searches.
The Fifth Amendment says that private property shall not be taken “for public use without just compensation.” Government officials, however, insist that they can use eminent domain to take away our property and give it to other private parties who covet it.
The Sixth Amendment says that in criminal prosecutions, the person accused is guaranteed a right to trial by jury. Government officials, however, insist that they can punish people who want to have a trial—“throwing the book” at those who refuse to plead guilty—which explains why 95 percent of the criminal cases never go to trial.
The Seventh Amendment guarantees the right to a jury trial in civil cases where the controversy “shall exceed twenty dollars.” Government officials, however, insist that they can impose draconian fines on people without jury trials.
The Eighth Amendment prohibits cruel and unusual punishments. Government officials, however, insist that a life sentence for a nonviolent drug offense is not cruel.
The Ninth Amendment says that the enumeration in the Constitution of certain rights should not be construed to deny or disparage others “retained by the people.” Government officials, however, insist that they will decide for themselves what rights, if any, will be retained by the people.
The Tenth Amendment says that the powers not delegated to the federal government are reserved to the states, or to the people. Government officials, however, insist that they will decide for themselves what powers they possess, and have extended federal control over health care, crime, education, and other matters the Constitution reserves to the states and the people.
Thank goodness we still have Amendment #3! The Cato Institute also posted a little video as well:
Tags: Bill of Rights, civil liberties, constitution, history, rights
Public Policy Theology in Historical Context
Posted by: |This essay continues the Christian Theology and Public Policy Course essays by John Cobin, author of the books Bible and Government and Christian Theology of Public Policy.
“Honor the king” (1 Peter 2:17) is Peter’s terse apostolic admonition to first-century Christians, “pilgrims of the dispersion” (1 Peter 1:1), whom Nero had exiled to Asia Minor from Rome. The admonition includes the specific objects and extent of their acquiescence: “submit yourselves to every ordinance of man…to the king as supreme, or to governors…” (1 Peter 2:13-14a). In the same vein, the Apostle Paul wrote in more general terms to the Christians at Rome and Gortys (the capital of the province of Crete), using the language “rulers and authorities” (Titus 3:1, cf. Romans 13:1-3). Paul surely had in mind the imperial Caesar Nero, as well as various lesser authorities who ruled Rome’s provinces, such as Herod, Felix, and Agrippa.
Historians refer to the phase of the ancient Roman state in apostolic times as the Principate. The Emperor was Caesar and, as such, held autocratic dominion. Although high-handed rule dominated, a number of decentralized forms and conventions still existed—leftovers from the oligarchic self-government of the Roman Republic (which effectively ended in 27BC). Thus, wealthy Plutarchs were called upon by the Emperor to handle various administrative functions in each province of the Empire (totaling 50 million inhabitants). It is important to realize that the Apostles were writing to Christians who lived under an autocratic, brutal state, rather than the famous Roman Republic that had ended some 80 years earlier. Sure, the memory of the old Republic likely filled the imagination of many citizens, but it was no longer a reality. (In the same way that some Romans might have mused about their glorious Republic of old, so some modern American patriots fondly muse about the liberty-loving American republic before 1861.)
Tags: Bible, constitution, history, theology
News of the Week: Saved from Doom!!!
Posted by: |Highlighting the interesting and notable events of the past week…
I love this post by my dear friend Anthony Gregory at the Independent Institute: “Saved from the Precipice of Doom!”
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Thank goodness for the Republicans and Democrats, who in the eleventh hour, put aside their differences and compromised to avert the catastrophe of a government shutdown. You see, the Republicans wanted to cut something like $78.5 billion from what Obama wanted to spend—itself more than $78.5 billion over the year before. The Democrats were initially willing to talk about “cutting” much less. And now, thanks to the greatest political compromise since the one in 1850—and surely one that will be as permanent in preventing a national crisis—we can all sleep at night knowing that Yosemite and the National Archives will continue to be open for business. The Washington Post reports:
The final pact on 2011 spending called for $38 billion in cuts to federal agency budgets compared with last year’s levels, about $78.5 billion below the president’s initial funding request for 2011. The White House, which initially resisted any funding reductions, started touting all the cuts it signed off on in a statement that praised reductions of $13 billion in funding for education, health and labor programs.
Oh my, oh my! $38 billion cut from Obama’s budget proposal? I guess everyone gets what they want. Obama gets to pat himself on the back for avoiding a shutdown. The Republicans get to pat themselves on the back for avoiding a shutdown, and the American people are satisfied as well.
Oh, wait. Those who love government spending are not so satisfied. You see, the cuts appear to target hot-button social programs. And those who want (at a bare minimum) for government to live within its means might also be dissatisfied. They might protest that even if we go by Obama’s projected deficits, these cuts will only shave a few percent of the amount deeper the U.S. goes into the debt hole in a year.
Yet we should forget about all this and just be glad the government didn’t shut down. For if it did, we would surely awake to a dystopian nightmare, coastal cities collapsing into the ocean, civil unrest at every corner, whole swaths of previously populated centers abandoned, disease and lawlessness rampant in every direction. Thank goodness Congress and the President got together and stopped this.
After all, we all remember when happened when the government shut down in 1995. Traffic lights didn’t work. All the prisoners were running wild in the streets. The US military was completely put out of commission, allowing the Soviet Union to spring back to life and take over half of the world. In the Great Government Shutdown of 1995, an estimated 150 million Americans died of starvation, pertussis, rubella and acute cynicism. Cats were chasing dogs, telephones and plumbing ceased to function completely, and only 75 channels were available on cable television.
Some will respond that these claims are preposterous—that in fact, not only do modern “government shutdowns” only close down a handful of functions (including such programs as tax refunds and national museums, just to annoy the American people)—but that, in the United States, such shutdowns are so superficial an example of the government truly shutting down that they actually cost more money than allowing the government to run as normal.
Sure, refuse to take such a catastrophe seriously. But as our Dear Leader says, “Americans of different beliefs came together. . . [i]n the final hours before our government would have been forced to shut down. . . [to pass] a budget that invests in our future while making the largest annual spending cut in our history.” Thanks to these courageous and selfless efforts, “when 50 eighth graders from Colorado arrive in our nation’s capital,” they might “get a chance to look up at the Washington Monument and feel the sense of pride and possibility that defines America.”
Doesn’t that make your burn with patriotic fever? Red-white-and-blue fumes are just making their way up my esophagus right now. The two parties put aside their vast disagreement—over whether to borrow another trillion or so of to be paid back by these eighth graders or whether to cut that amount down by a few percent—and they agreed to meet in the middle. Just like their parents and grandparents, these kids will have the pride to know that they live in a country where every generation has the chance to grow up with much more money owed by the government on their behalf that the generation before it.
Tags: constitution, culture, economics, history, society, statism, taxation, taxes
Noah’s Ark and the Sanctity of Private Property
Posted by: |The subject of a proposed religious theme park in Kentucky brings up an issue near and dear to the heart of libertarians: the sanctity of private property.
There is some controversy over the proposed construction of a $150 million Noah’s Ark theme park on 800 acres near Interstate 75 in Kentucky. The theme park – to be called Ark Encounter – is a joint venture between Answers in Genesis and Ark Encounter LLC. The former group already opened a $27 million Creation museum in Petersburg, Kentucky, in 2007.
The proposed park, to be completed by 2014, will feature live animals, event venues, a children’s play area, a replica of the biblical Tower of Babel, a 500-seat special effects theater, a reproduction of a first-century Middle Eastern village, an aviary, and a 500 by 75 foot wooden ark to replicate the biblical Noah’s Ark. The project is expected to create more than 900 jobs, attract 1.6 million visitors in the park’s first year, and have an economic impact of $214 million in the first year alone.
As expected, religious groups generally hailed the project even as other groups that focus on church-state issues had a problem with the project. Contrary to critics of the theme park who think the educational message of the park is “unscientific” and “embarrassing for the state” or that any jobs created would be “low-paying” and “transient,” Rev. Barry Lynn, executive director of Americans United for the Separation of Church and State, seemed to raise two main arguments against the proposed park: First, Lynn pointed out that when Noah launched the Ark the first time, he was not looking for government funding. Second, he said that while the Constitution doesn’t prevent someone from putting up a water park, it does prevent people from putting up a religious one, such as Noah’s water park.
But both of Lynn’s points are misguided. Read More→
Tags: constitution, economics, private property, property rights, regulation, religious freedom, statism, taxation




