Constitutional Libertarianism

Constitutional Libertarianism

Monday, November 14, 2016

American equitability in rights

Last post I talked about the equitable observance of individual voting rights regarding the electoral college.  This one I want to explore equitability a little more across the board.

Again, the first role of this government and the purpose of being a republic as opposed to a simple democracy is for the purpose of ensuring that the natural rights of every individual are ensured and not unfairly infringed upon.

Note that I said "unfairly" infringed upon.  As a society, we have determined that there are circumstances in which an individual is to have their natural rights infringed upon mostly based as a societal repercussion for causing harm to others or for infringing upon other individuals rights.

Supposedly taking such infringement VERY seriously, removing or infringing on any individuals rights is not something to be considered lightly or trivially, we have instituted in our system of representative government checks and balances to try to ensure that when we do find it socially important to infringe on an individuals rights, it is done with great consideration and equitably.

To that end, we have things like the electoral college to keep the majority from infringing upon the minority.  We have trial by jury and we have placed the burden of proof on the prosecuting side because we believe in the value of presuming individuals being innocent until being proved guilty.  In the same legal system we also have it so that an individual cannot be tried for the same crime twice.  Again, protecting the minority from a mob thirsty for blood by any means necessary.  We romanticize vigilantes for taking action in the face of a corrupt or shackled justice system but our laws exist to prevent just anybody from using their own personal judgment to deny or infringe on another persons rights.  The vigilante may be well intentioned, but their intentions or personal value system does not get to infringe on other peoples natural rights.  No matter how popular they may be.

All of these things reflect on a system of not just equal but also an equitable enforcement and defense of every individuals natural rights.

In America, our government exists not granting rights to people but to identify and recognize people's inherent rights.  To ensure that people are able to exercise their rights and to defend every person's ability to exercise those rights from any threat foreign and domestic.

That threat could be a foreign government insistent on conquest and it can just as easily be a religious, social or governmental force within our own borders trying to impose their values on others against their will.

The Declaration of Independence identifies and recognizes those natural rights, the Constitution sets up a government intended to be a steward and defender of those rights.  If we are to make sure every individual person has such protections, then we must be certain to look to both equal AND equitable observation of carrying that out.

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