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From the Desk of Bill Waller
Bill Waller writes about our Constitution and things pertaining to it.. You can e-mail him at mkwaller@netzero.com
January
In a state of nature there is arbitrary subjugation: the weak and timid are ruled by the strong and aggressive; minorities are enslaved by the majority. Throughout recorded history, it has been mankind’s misfortune to mostly exist either in a state of slavery or at the mercy of stronger or more numerous masters. An honest accounting of mankind’s wretched past will reveal prolonged periods of tyranny and subjugation with only brief respites of liberty and freedom.
Remember, the only distinction between liberty and slavery is this: In the former a man is governed by laws to which he has given his consent, either in person or by his representative; in the latter, he is governed by the will of another. On the one hand, his life and property are his own; on the other, they depend upon the pleasure of his master.
In A.D. 1215, the Magna Carta produced a respite from subjugation. For a brief period Englishmen prospered thru the proper use of their labor and property to provide goods and services for their fellow men. The Magna Carta forbade royal patronage, bureaucratic licensing and suffocating taxes. As a result, prices fell and profits increased by the natural force of private human endeavor plus supply and demand. Unfortunately, a series of Tudor Kings and the ascension of Queen Elizabeth chiseled away at that beautiful document until England reverted once again to the wretched despotism of taxes, patronage and regulation.
In 1776, the Declaration of Independence provided for another respite from tyranny by affirming that “governments are created by men deriving their just powers from the consent of the governed.” The first ten amendments to our Constitution bear a strong resemblance to the Magna Carta in that they also forbid the imposition of destructive restrictions against private property and individual labor. Specifically, amendment 5 chastises that “… nor shall private property be taken for public use without just compensation.” This is often referred to as the “Takings Clause” or, more recently, “Eminent Domain.” The intended purpose of the Takings Clause was to insure that the financial burdens of public policy be shared by the entire public and not unfairly placed on individual property owners. Naturally, the unrelenting forces of regulation, taxation and political patronage have consistently sought to nullify the Bill of Rights since its ratification.
Historically, the Supreme Court has served as an unbiased arbiter between private property owners and the government, industrial and progressive forces that seek to subjugate them. Recent decisions however indicate that the Courts are likely to abandon the precious “takings clause.” Add to that the passage of Issue 5 by majority vote in Ohio and we are well on our way to the despotism and patronage rule of old England. Make no mistake, if industrious American property owners are arbitrarily limited to serve their fellow men because of public health concerns regarding side stream tobacco smoke, then trans-fat, nachos, chili cheese fries, buttered popcorn, cashews, buffalo wings, pizza, cheddar cheese crackers and finally your favorite guilty pleasure, will soon follow.
For the unsuspecting supporters of Issue 5, congratulations, I hope you survive long enough to witness the horrific consequences of your self-righteous intolerance. For those who voted to guarantee liberty, my condolences. Our brief respite from tyranny has run its course. The natural subjugation by stronger and more numerous masters once again prevails. Our children, and theirs, will quickly become the weak and timid slaves that have always existed in a state of nature. And their ruthless masters will continue to brutally profess what is in the slaves’ best interest.
On the bright side, when tyrants finally win the day and abandon all pretense of public health, their ardent and trusting supporters are historically first to meet the cold steel blade of the executioner.
The mighty rule