Thomas Jefferson on the Military Draft: “The last of all oppressions”

Sometimes it comes down to the question of what is more important, the rights of individuals or the existence of the nation state? In this case, in the face of serious difficulties faced by the colonists in their war against the British Empire, Jefferson came down on the side of individual liberty.

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Juggling Hats

I have often found myself wearing a few different hats when it comes to politics.  My personal views are libertarian in nature.  I really do believe in both the non-aggression principle and in property rights.  I also support the Constitution even when there are aspects of it which are anti-libertarian.  The term “Tenther” also applies to me as well.

Remember, the Constitution doesn’t grant us our rights, but acknowledges the natural rights we have which predates it.  There are also instances where the Constitution does legally violate our rights.  I would argue that the eminent domain clause of the Constitution is such a case.  The government shouldn’t be able to force me off my land unless I am willing to sell it.  Some will argue that sometimes public need justifies it.  Well, I would suggest reviewing the Kelo v. City of New London case in which transferred land from individuals to another private group.  This shows how granting power to a government entity will eventually abuse the said power.

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What It Means to Be Sovereign

Declaration of Independence - with Jefferson statueGovernment in the United States requires the understanding of three terms: Self-government, sovereignty, and social compact.

Sovereignty is the inherent and independent right to do all that is necessary to govern oneself. In the United States, the People are sovereign. In fact, only the individual is truly sovereign, because only the people, and not government, have inherent rights to life, liberty, and property, along with the right to protect and preserve it.

In the United States, we enjoy self-government; that is, government originates from the people, for the people – “of the people, by the people, and for the people.” Government arises out of social compact. In other words, because man is a social creature, he forms together into communities. And in order that communities run smoothly and common services be provided to protect everyone’s rights and property, governments are instituted. And so, individuals delegate some of their sovereign power of self-defense and self-preservation to a government. That is why the bulk of government is always supposed to be closest to the individual, where it is most responsible and most accountable. Our rights and liberties are most protected when people have the frequent opportunity to see their elected officials and look them in the eye, and when those officials see a personal story behind acts of legislation, etc.

This is exactly what our Declaration of Independence tells us about our individual sovereignty. In the first paragraph, we are told that our sovereignty is based on Natural Law and God’s Law – “to assume among the powers of the earth, the separate and equal station to which the Laws of Nature and of Nature’s God entitle them.” The only rightful power our government has is the power that the People – by the consent of the governed and according to the precise language and intent of our Constitution – have temporarily delegated to it. In that grant of power, in a system based on the Sovereignty of the Individual, there is always a mechanism to take that power back. That is why the Declaration explicitly states that the People have the right to “alter or abolish” their government (when it become destructive of its aims). In fact, that right is so important and so fundamental, it is listed with the other inherent rights that individuals possess. In other words, what the Declaration is saying is that the People of the “united States” have the right to reclaim the sovereign power that they temporarily delegated to that government to govern and protect their liberties.

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Whose Rights are They Anyway?

At a gathering of TEA Party and Liberty groups leaders this past weekend I repeatedly heard them refer to our constitutional rights in questions put forth to a candidate running for political office. At any other setting, I would have corrected them, but I felt it was not my place to correct them since it wasn’t my event and I was a guest.Bill of Rights Redacted

I was wrong; I should have.

We DO NOT have constitutional rights; we don’t even have constitutionally protected rights.

We have inalienable rights, or if you prefer – unchallengeable, absolute, immutable, unassailable, incontrovertible, undisputable, indisputable, undeniable, natural or as prefer to call them God given rights.

These rights existed before the Constitution and they existed even before government.

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Texas Senate Passes Bill to Nullify Warrantless Drone Spying, 29-1

A bill has passed through the Texas State Senate that aims to protect the privacy of their residents from the police state by instituting strict limitations on the use of unmanned drones in surveillance by law enforcement.

Dubbed the ‘Texas Privacy Act’, H.B. 912 is an attempt to rein in potential abuses related to the rapidly-developing drone technology that has made its hands into the hands of government at the state and federal levels. The bill was originally authored by Rep. Gooden (R-District 4) and has amassed over 100 co-sponsors since it was introduced Feb. 1, showing vast and bipartisan support for stopping the government’s Orwellian takeover of our skies.

The House passed the bill by a vote of 128-11 on May 10th. (roll call here)  And last Friday the Senate passed a slightly amended version of the bill by a vote of 29-1. (roll call here).  HB912 will now go back to the State House to either concur on the amendments or form a conference committee to approve a final version acceptable to both the House and Senate.  Then it’s off to Governor Perry’s desk for a signature.

BILL INFORMATION

The bill states that “a person commits an offense if the person uses or authorizes the use of an unmanned vehicle or aircraft to capture an image without the express consent of the person who owns or lawfully occupies the real property captured in the image.” The offender would be charged with a Class C misdemeanor if they were caught violating this part of the law.

Data gathered by law enforcement illegally ‘may not be used as evidence in any criminal or juvenile proceeding, civil action, or administrative proceeding’ according to the bill and ‘is not subject to discovery, subpoena, or other means of legal compulsion for its release.’ This incentivizes police to not misuse the drone technology unless they wish to risk jeopardizing their entire investigation.

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