MCViewPoint

Opinion from a Libertarian ViewPoint

Posts Tagged ‘Constitutional right’

You Can’t Depend on the State to Maintain Public Order | Mises Wire

Posted by M. C. on June 10, 2023

On multiple occasions, the US Supreme Court has opined that US citizens have no constitutional right to police protection and officers cannot be held legally liable for failing to protect them. You must pay them under penalty of law, but they are not required to provide anything in return.

The taxpayer-funded monopoly on policing became even less effective without leaving any more money in taxpayers’ pockets. Drawing another parallel with government schools, which closed without returning the taxpayers’ money, several cities cut police funding and staffing while keeping the money that taxpayers ostensibly paid for that purpose. It truly is only the government that can take your money, barely provide a service they’ve monopolized, and then insist on how necessary they are for the provision of that service.

https://mises.org/wire/you-cant-depend-state-maintain-public-order

Tate Fegley

Although commonly used, Max Weber’s definition of the state—an entity that has a monopoly on the legitimate use of force within a given geographical area—can mislead people into thinking that the state is the only or even the primary reason for security and order. This is illustrated in the trends in the nonstate provision of security, as revealed by my Google alert for the phrase “private police.” Lately, incidents of car and bike theft have led individuals to either organize themselves to prevent and respond to it or hire private security to do so.

One example is a gas station in Philadelphia (a city that has frequently been in the news lately due to growing crime problems, having set a new personal record for annual murders) that has hired security armed with rifles to protect patrons, mainly from car jackings, since motorists are especially vulnerable to attack while pumping gas.

One thing I found notable from a Fox News interview of the head of security Chief Andre Boyer (other than the fact that journalists at a “conservative” outlet are just as clueless as other journalists about what an AR15 is) is his response to a question about whether he and his agents will intervene when witnessing a crime in progress. Chief Boyer responds, “We have to. We have a contract to protect our clients and our clients’ assets.”

As I have noted previously, the fact that voluntarily hired security has a contractual obligation to provide services to the people who pay them is in stark contrast to government police. On multiple occasions, the US Supreme Court has opined that US citizens have no constitutional right to police protection and officers cannot be held legally liable for failing to protect them. You must pay them under penalty of law, but they are not required to provide anything in return.

See the rest here

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A Victory for Life and Liberty

Posted by M. C. on June 28, 2022

written by ron paul

Whatever your views on the subject, Constitutionaly RP is correct regarding states responsibility.

http://ronpaulinstitute.org/archives/featured-articles/2022/june/27/a-victory-for-life-and-liberty/

The Supreme Court undid one of its worst mistakes last week when it overturned Roe v. Wade, the 1973 decision declaring a constitutional right to abortion. The Constitution reserves to the states the authority to write and enforce laws regarding murder. Since the question of whether or not to legalize abortion revolves around whether abortion is murder, it is not a federal issue. Roe was thus an illegitimate usurpation of state authority.

The Dobbs v. Jackson Women’s Health Organization decision last week will not stop the federal government from using the tax dollars of those who believe abortion is murder to fund abortion and family planning both in the United States and abroad. Those opposed to abortion, and in favor of constitutional government, must continue their efforts to end all federal funding of abortion.

Some state governments, such as in Texas and Mississippi, have adopted laws against abortion that are “triggered” after Roe is overturned. Now, additional pro-life state legislators and activists are no doubt planning to push other states with pro-life majorities to pass legislation outlawing abortion.

States where the majority favor legal abortion are no doubt planning to pass pro-abortion legislation. Some of these states will pass laws providing enhanced financial support for lower-income women to receive abortions. Pro-abortion activists are also planning to provide help to women from states where abortion is outlawed to travel to a state where they can legally “terminate” their pregnancies.

Pro-lifers should not respond to pro-abortion state laws by trying to pass an unconstitutional law making abortion a federal crime. Instead, they should work to change attitudes and build a culture of life. One way to do this is by supporting crisis pregnancy centers. These centers help pregnant women in difficult situations see that there are alternatives to abortion. Sadly, the crisis pregnancy centers are among the “woke” mob’s targets for cancellation. If the left were truly “pro-choice” they would not try to shut down privately run pro-life pregnancy centers.

Many libertarians believe that outlawing abortions violates a woman’s right to bodily autonomy. However, the nonaggression principle, which is the philosophic foundation of libertarianism, prohibits committing acts of aggression. Murder is certainly an act of aggression. Therefore, even though all humans have a right to bodily anatomy, this does not justify abortion.

No one ever asked an expectant mother, “how’s the fetus?” Instead, people ask about the baby. This implicitly acknowledges the unborn child’s humanity and thus the child’s right to live. The denial of this right has warped our constitutional system. More importantly it has contributed to the devaluing of human life that is the root of much of America’s moral crisis. A society that devalues life will not respect liberty. Therefore, all who value liberty must protect the right to life. This does not just include ending abortion. It also includes rejecting the militaristic foreign policy that kills innocents in the name of “freedom and democracy.”

Just as pro-life conservatives should be antiwar, progressives should reject the violence government commits against its own citizens via taxation, income redistribution, and the fiat money system that robs average Americans to benefit politicians and elites. Rejecting the use of force, including government force, will lead to a society that values and protects our lives, liberty, and property.


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Nullification and Secession: Solutions or Talking Points? | Abbeville Institute

Posted by M. C. on September 5, 2018

https://www.abbevilleinstitute.org/blog/nullification-and-secession-solutions-or-talking-points/

By 

Many of us in the South have maintained our faith in the Constitutional right of nullification and secession despite the efforts of massed, bloody, Yankee bayonets. But is the talk about nullification and secession an earnest effort to put forward solutions to an out of control, Deep State, supreme federal government or is it merely an exercise in heady political calisthenics?

I belong to the tribe that believes nullification and secession are the only real solutions to the current out of control supreme federal government. To demonstrate the validity of my belief, I will pose and answer three fundamental questions: (1) Are the concepts of state nullification and secession legitimate American political principles? (2) Is the current supreme federal government a legitimate governing authority? and (3) Would the modern-day acceptance of state nullification and secession be so unworkable that it would destroy the United States?…

Even the High Federalist Alexander Hamilton was forced to admit that the Sovereign States had the right to protect their citizens from an abusive federal government: Read the rest of this entry »

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