Tennessee Drifter

Random Thoughts at Random Times

Rights v. Power

So, let me start with I am not a lawyer…and I do not play one on TV…But over the last 35+ years I have been more than a casual observer and I have some observations related to the various restrictions that have been imposed on the American public.

Based on past Supreme Court decisions I am aware of and the current makeup of the Court, I do not believe my observations are unreasonable.

When it comes to imposing restrictions on rights and liberties, the government may not impose more restrictions than are necessary to accomplish the Government objective. In other words, the Government must use as light a touch as possible and even then, the Court may disagree with the restrictions and strike them down.

Another observation comes from my understanding of the Government’s power to restrict speech. The Government must be content neutral…if a Government allows groups to use a public space to protest or speak to an issue then they must provide groups of the opposite viewpoint the same use of the public space.

If the Court applies this general concept to the virus restrictions, then Government cannot allow some activities while restricting similar activities. If you can stand in line in a big box store then you can stand in line in a mom and pop store…If you can sit in an airplane then you can sit in church…If you can run in the streets and stand toe-to-toe with police while screaming, then you can certainly assemble and sing praise to God.

The right to speak, the right to worship, the right to assemble are core to what it is to be an American and restrictions on those rights must be as limited as humanly possible.

Of course, as with any right, an individual may waive that right…consider the Miranda rights. A police officer must advise a person of those rights and may request a waiver of those rights, but the police cannot force a waiver. The Court should apply this same standard to our other rights.

Our Bill of Rights serves to limit the power of Government, which is necessary when Government forgets that they work for the People and do not rule over them.

Some would say these restrictions serve the protect everyone…but it is not the responsibility of Government to protect people from every possible harm…but you as an individual can choose to take any steps you deem necessary to protect yourself and your family. It is your right…but the fear of some does not create the right or power to restrict the Constitutional rights of others.

If you choose to stay home, locked behind your walls, you can certainly do that…it is your right and your choice, but Government should not have the power to force people to stop living. Simply existing is offensive to the concept of what it is to be an American, offensive to our “unalienable rights of Life, Liberty and the Pursuit of Happiness.

Of course, this is my viewpoint on the issues of the day, and you are free to disagree…that is part of the greatness of what it is to be an American.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s

About Me

An English diarist and naval administrator. I served as administrator of the Royal Navy and Member of Parliament. I had no maritime experience, but I rose to be the Chief Secretary to the Admiralty under both King Charles II and King James II through patronage, diligence, and my talent for administration.


%d bloggers like this: