I’m not exactly sure where I’m going with this. It just seems like a good venue for getting some thoughts down for the sake of self-clarity.
I’ve often heard “freedom” described as the “ability to do what you want”. In some discussions of “free will”, having it means “having the ability to choose to do otherwise.” I think the latter is a bit more accurate, because I suppose one could choose to do something other than what one wants… perhaps for some greater good or avoidance of some lesser evil, and possibly altrustic and resulting in harm or death to one’s self.
A Utilitarian model of freedom and ethics, very simply put, says that one is free to choose and act on that choice, so long as that act does not interfere with another’s ability to exercise that same freedom.
I have a couple of friends in Germany who, when they visit the U.S., often make jokes about seatbelt laws, restrictions on where one can smoke, etc, sarcastically asking, “What? But isn’t this the land of the free?” or “Isn’t this a ‘free country’?”
It’s kind of interesting, and worthy of more investigation, that at Dictionary.com, the definitions for freedom and liberty, while similar, are not necessarily synonomous.
So how do freedom and liberty relate to “rights”?
We should, at this point, draw a distinction between ‘negative rights’ and ‘positive rights’. A negative right is that you have from the time you’re born and no one has to do anything in order for you to express that right. They simply have to refrain from infringing upon it. The typical freedoms of speech, religious practice, bearing arms and freedom from violent crime are such negative rights.
A positive right, on the other hand, is a right to something provided by someone else, or by an entity or organization (such as the government). For example, rights claimed toward receiving an education, healthcare, welfare and social security are positive rights.
Amendment VI grants alleged criminals a right to a speedy, public trial by their peers. That seems to me a positive right, in that it requires there be peers, a court and judges to execute such a public trial.
My reading of all the rest is that they are effectively negative rights.
The important one, though, is Amendment X which states, “The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.”
I think the gist of the Founding Fathers’ message is that the Constitution of the United States is not about telling people what they can do, but instead tells the Federal Government what they cannot do.
So, back to freedom and liberty…
… specifically in the United States, the Constitution guarantees that the Federal Government cannot infringe upon certain rights, and therefore the people experience freedom with regard to those negative rights.
My conclusion is that there was never any intention by the Founding Fathers to posit such positive rights that many claim, such as the “right” to education, to welfare, to social security, to healthcare, to social/financial equality, to subsidies, to tariffs on foreign imports, etc. These issues are not ‘new’ issues. Those who drafted the Constitution had to deal with these too. It is evident that there was much thought put into the documents. Certain things made it, and certain things were left out. I think these positive rights were left out not because they were overlooked, but purposefully, as they did not see the Federal Government as having a responsibility to provide them.
So, if that was the intention, why are we today forced to pay income taxes to the Federal Government to support the claimed “positive rights” of others? And where did our freedom go?
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