Erosion of Freedom
by Ben Smith
As a person who values his freedom and as an active participant in the political system since before I reached the age to vote I can no longer quietly protest the erosion of freedoms suffered by American citizens on a daily basis.
Most people in this country will agree that there have been slow erosions of our freedoms for years. While most people recognize this fact, many do not do anything about it. Loss of liberty is quickly approaching the point of no return and something must be done to take back those liberties we hold dear.
On a recent television program the point was made for me, I am sure unintentionally. On Family Law, a CBS legal drama, the seizure laws of the United States were shown in some detail. In case you did not see the show, let me sum up the legal parts I refer. The United States Department of Justice has set guidelines, i.e. laws, that rule over the seizure of property and assets if they “believe” that illegal moneys were commingled or used to purchase assets for an individual or company. A warrant of seizure can be issued property taken and all financial holdings frozen until trial. In this instance the burden of proof is not with the prosecution. The individual must prove that illegal moneys were not part of the assets.
How ridiculous is this?
Of course, these laws were put in place to fight the never ending and completely useless war on drugs. The idea being that no legitimate businessperson will do any type of transaction with a “drug dealer” if the threat of seizure is there. In truth the law is used to punish good people for “suspected” illegal activities. I ask you this question: How can you prove that every penny of your income did not come from some illegal venture if the federal government seizes your property?
The answer: You can’t. That is the whole point of the law.
These laws were not passed by congress, signed by the president, or enforced according to the will of the people. These laws are used as a broadsword, to cut through the process of legally investigating, charging, trying and maybe convicting a suspected criminal. Why? The Department of Justice decided that they needed more ammunition in fighting the drug wars. These statutes are not even part of the RICO anti-racketeering laws that the Justice Department can apply to free enterprise with immunity. These laws are used to intimidate and are, without a doubt, against the very fiber of the constitution.
Under these laws the Department of Justice can deprive honest citizens of the rights to life, liberty, and property all in the name of so called justice.
Where does the fault lie? Who can we as citizens blame for these erosions of basic liberties?
First Congress can be blamed for not passing laws that make sense and going along with the continued funding for an un-winnable drug war.
We can blame the courts for not throwing Department of Justice lawyers out on their ear for trying to get seizure warrants.
We can blame the President and the Executive Branch for letting the Department of Justice stomp the constitution.
Most of all we must blame ourselves for not making the changes in the political system that must be changed.
The framers of the constitution would surely be revolted by the current state of government. The rights of the individual were paramount over all other considerations. Federal government is limited in its ability to restrict freedom. The Bill of Rights outlines these basic freedoms. The constitution has phrases in it like “Congress shall make no law.”
Of course, we now live in a country governed by career politicians that interpret black and white words in whichever way suits them. They are supported by a judicial system filled with personnel that are dependent on congressional appointments for career advancement. Our freedoms are being taken away by individuals who continue to pass laws in order to retain power.
What can we do to reassert our freedoms?
The framers gave us the means for change; it comes around every year, two years and four years. The message of personal freedom must be addressed again and again. Those that would take away those freedoms must be defeated in elections. Libertarian candidates must run to WIN in every election possible. As a party we must focus not on the Presidency, but on the local, state and congressional races. The message of personal freedom must be taken directly to the people in the most basic ways. The party loyal must work even harder in building an ever-expanding voter base.
Until then, every time a freedom is trampled upon, every time a person’s personal liberty is denied by the government through bureaucratic legislation, every time the populous is told, “you can’t because we say so” we must protest. We must yell it from every corner of the towns and cities. We must say it in every town hall, state legislature, every opinion page and every news broadcast.
Most of all, we must never give up.
Originally published in Liberty For All March 5, 2001.
Kenneth said,
March 4, 2007 @ 2:43 pm
The erosion of freedom goes deeper than that. Protesting does very little to stop the President or congress from doing as they please. The only way to force our government to do anything would be to withhold their money. You can’t exactly do that without being locked up for it. The erosion of our freedom began with income tax. Which is nothing more than extortion. Tax is slavery!