A curious question, “Do property rights exist in our
day”? The reason I asked had to do with
recent observations on the social medium Facebook. Most of the articles that I commented on
recently had to do with property rights in one way or another; but the issues
associated with each comment came across as if the property rights mentioned by
the Founders were considerably different than those in our day.
There must be some kind of common footing, an agreement on
the use of language upon which to start this off; what better foundation than
one supplied by Ezra Taft Benson in his talk, The Proper Role of Government.
“It is generally agreed that the
most important single function of government is to secure the rights and
freedoms of individual citizens.”
But what is government?
“The important thing to keep in
mind is that the people who have created their government can give to that
government only such powers as they, themselves, have in the first place.
Obviously, they cannot give that which they do not possess. So, the question
boils down to this. What powers properly belong to each and every person in the
absence of and prior to the establishment of any organized governmental form?”
And what powers/rights belong to each individual? Elder Taft included a simple explanation as
written by Bastiat:
“Each of us has a natural right –
from God – to defend his person, his liberty, and his property. These are the
three basic requirements of life, and the preservation of any one of them is
completely dependent upon the preservation of the other two. For what are our
faculties but the extension of our individuality? And what is property but and
extension of our faculties?” (The Law, p.6)
Our Founders understood these basic principles and placed
them in front of the world in our Declaration of Independence.
“We hold these truths to be self-evident,
that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these
are Life, Liberty
and the pursuit of Happiness. That to secure these rights, Governments are
instituted among Men, deriving their just powers from the consent of the
governed, That whenever any Form of Government becomes destructive of these
ends, it is the Right of the People to alter or to abolish it, and to institute
new Government, laying its foundation on such principles and organizing its
powers in such form, as to them shall seem most likely to effect their Safety
and Happiness.”
Some reading this are already mumbling, “Yea, yea, yea…so
what’s point?”
There’s a fellow up in Oregon, Gary Harrington, who went to jail because he was collecting
rain water on his own property.
“For years, Gary Harrington has battled with the Oregon Water
Resources Department over reservoirs on his land that collected rainwater. The
water officials claim that Harrington is violating a 1925 law by diverting
water from the Big
Butte River.”
The presumption
made by the Oregon Water Resources Department must be that rain water belongs
to the State and would have been redistributed among the masses if not for
Harrington’s collection methods which restricted the rain from running off his
property. It must also presume that the
State created that rain, omitting the existence of God or, for those without
faith, omitting natural forces beyond the control of the State.
Time to back up
and explain to the Oregon Water Resources Department something they have
neglected or ignored, “The important thing to keep in mind is that the
people who have created their government can give to that government only such
powers as they, themselves, have in the first place. Obviously, they cannot
give that which they do not possess.”
Do I have, within my God given or natural rights as an
individual, do I have the ‘right’ to tell anyone else how to conduct their use
of natural resources which occur on that individual’s private property? Clearly the answer is, No. Then can I give to a government agency power
to do that which I do not possess to begin with? Again, No.
Lastly, can a group of my neighbors gather together and deny anyone the
use of their inalienable God given or natural rights? You see where this is going?
Our Founders made sure to put down in writing that
individuals have inalienable rights to protect them from the collective. In modern terms, all of you progressive
communist leaning pricks don’t have and never had the power to impose social
justice mandates on any individual regardless of how many conspire to erase
that individual’s inalienable rights.
I won’t bring up Federal mandates on how much water a toilet
can use to flush away a pile of progressives at the bottom of the bowl or what
kind of light bulb can be used to illuminate the shadows wherein communists
hide and carry out their works of darkness.
(Oops; too late, I just inserted that idea)
What about the couple in Texas who were asked to take care of their neighbor’s vacant house, the couple who
responded to an audible burglary alarm, caught a felon in the commission of
his crime while inside the vacant residence, a felon who then assaulted the
caretakers of the vacant property? Did
these folks violate the law when they shot the burglar; did they go too
far?
I ask only because there are many who believe it was none of
their business, that they had no ‘right’ to confront anyone who wasn’t on ‘their’ property.
They also brought up an interesting twist, that while they might have
been given stewardship to watch over their neighbor’s property, they shouldn’t
have placed themselves in confrontation with a burglary suspect (that’s for the
police), a confrontation which eventually led to shooting and killing that
burglary suspect.
While unspoken, these
good neighbors were compared to vigilantes;… judge, jury and executioners all
wrapped up in a concealed handgun permit.
“As a general rule, the law tends
to view human life as being more valuable than material things. The law also tends to take a dim view of
people who escalate a non-life threatening situation into a deadly force
encounter.”
{…}
“The couple could be charged with
man slaughter or even murder for the killing of the burglar.”
It’s time to hit the “stop right there” buzzer. I’m not going to let that journalistic BS pass
without hanging a red flag on it, and by the way, that’s a pure communist red
flag which marginalizes inalienable God given property rights as if they were
not inalienable,… even to the point of taking the life of a thief.
Getting back to Ezra Taft Benson’s explanation of The Proper
Role of Government…
“Since God created man with certain
unalienable rights, and man, in turn, created government to help secure and
safeguard those rights, it follows that man is superior to the creature which
he created. Man is superior to government and should remain master over it, not
the other way around. Even the non-believer can appreciate the logic of this
relationship.”
The protection of property, whether it is your own or your
neighbor’s includes the individual’s right to use any and all means available,
and yes, that includes the use of deadly force. The problem with communists/socialists, call
them what you will, these folks don’t believe our founding ideas regarding
inalienable God given rights to life, liberty and the pursuit of
happiness.
Progressives would rather impose their idea that the State
is the source of ‘rights’, all the while renaming any and all rights as
entitlements or permitted activities under control of the State. In this way individuals no longer need be
concerned with defending life, liberty or the pursuit of happiness; these don’t
really exist in our day and have been consigned to the scrap heap of antiquated
language no longer valid or even understood.
Common Core students would be hard pressed to recognize these archaic
thoughts.
Using deadly force for any reason bothers some folks. We’ve been told to run and hide, retreat to
avoid confrontation and avoid stopping criminals at all cost; that’s a job for
the police. These generalities on human
interaction have been imposed because nobody wants to be responsible for their
own actions;… but to take a life simply because a thief or burglar wants to
take something that doesn’t belong to him/her…
Oh the humanity! (sarcasm button
in use)
So who decides what belongs under the umbrella of protecting
life, liberty and the pursuit of happiness (property rights)? In our day it has fallen on the court of mass
media, trial by television coverage.
The public’s perception of nearly any event can be shaped to fit the
desired outcome of those running the media; and the large media outlets all
just happen to be run by progressives (communists).
So, back to my original question, “Do property rights exist
in our day”? Yes; but you’ll still have
to prove it in court and the odds are now stacked against you.
This article has been cross posted to The Moral Liberal, a publication whose banner reads, “Defending The
Judeo-Christian Ethic, Limited Government, & The American Constitution”.