Thursday, December 24, 2009

Is There a Right To Be Heard?

The First Amendment to the Constitution of the United States defines its relationship with the "right" of free speech: "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.". The amendment never speaks to a "civil right", or the citizen's rights, but only states that Congress (meaning the government) cannot abridge the freedom. This is not an additive process that establishes what a government can and will do, but a reductive process that states what a government cannot do, thereby leaving it open to future generations to establish what free speech is. Does this mean that just because the government, through the constitution has agreed not to abridge the implied, or natural right to speak freely, that there is an implied right to be heard?...and is the government responsible to provide that right?...and is the government the arbiter of free speech?

This lends to a deeper discussion of whether or not the government is the one that bestows rights upon its people. The "Bill of Rights" ammendments to the Constitution of the United States is about the government abridging the rights of its citizens. It infers that the rights of the citizens are inherent and bestowed upon the peoples of the world by a "higher power". Man's efforts to abridge, or control, the inherent rights has varied throughout history. Longheld institutions have been co-opted by government in the modern era, simply because government has decided that it can do it more fairly. The has led to government control of charity, education, religious expression, speech, marriage, families, etc., all under the guise of making an even playing-field, or fairness.

The 1st amendment simply and succintly states: "Congress shall make no law...", and then goes on to define where it shall no infringe the long-held, natural rights. The Civil Rights Act of 1964 was a landmark piece of legislation in that it specifically targeted the 14th amendment for a specific enforcement. Many people of that era fought for these rights, and some died. But really, what it did was take away the government's infringement to those natural rights, then sought to bestow rights that made a class of people that were more "equal" than other citizens.

The question is, "Is there a right to be heard?"....maybe, but it is a natural right, and the government should get out of the way and stop inventing "fairness" doctrines, and campaign "reforms" that further infringe upon our natural rights. The Congress seems to have as its objective, to try to tip the scales so that they can remain in power, and to maintain the status quo. When the Democrats took control of Congress in 2006, it was the ideal situation. A Republican President and a Democratic Congress; nothing got done. As soon as laws were passed, they were vetoed by the President. They could not pass any laws. As soon as the electorate figures out that this is the real utopia, we will be there, but of course, this is just an observation.....

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