 |
| On April 20, 2013 Obama posted this exhortation that education was a positive right. |
It is fashionable to pay lip service to rights, but what is often forgotten is that some rights diminish liberty rather than protect it.
Sources of Rights
Notwithstanding the philosophical discussions about the source of rights - the primary thrust of the Declaration of Independence was that rights come not from the Government, but rather are endowed by God by which individuals are entitled by the mere fact that they exist.
“We hold these truths to be self-evident,” the Declaration declares, “ that all men are created equal, that they are endowed by their Creator, with certain unalienable rights, that among these are life, liberty and the pursuit of happiness.”
In the practical sense, rights can be formed (recognized) in the Constitution or they can be created by Statute. Although it takes a greater effort to create Constitutional Rights - the Supreme Court has recognized - some argue created - rights using the 14th Amendment due process clause.
The two natures of Rights.
A right can be negative or positive. The labels don’t describe the desirability of the right, but rather the effect upon government.
Negative Rights form a prohibition or limitation against government interference in that topic. For example, the First Amendment states, “Congress shall make no law abridging the freedom of Speech.” Positive Rights require Government to provide a benefit or opportunity. For example, the Sixth Amendment requires the Federal Government to provide a Jury in Criminal Trials.
The Cost of Rights
Rights cost - and sometimes the cost can be significant. Negative Rights require us to put up with offensive communications (1st Amendment); tolerating crime (6th Amendment); and lost tax revenue from religious activities (1st Amendment.)
Positive Rights cost as well because if Government must provide a benefit to one person - then Government must obligate another person or persons to pay for and provide it. The right to a Jury and counsel obligates citizens to serve on Juries, and to pay for attorneys in some criminal cases.
Bottom-line: Positive Rights encroach upon liberty
We all love rights. Recognizing or creating positive rights seems like a harmless thing, but the creation of every positive right necessarily creates a Government enforceable obligation upon the people. A government-enforceable obligation to pay or provide is the antithesis of liberty. Therefore, be wary of politicians advocating new positive rights, because - as Obama's post readily admits - it will create an obligation that government can use force to fulfill.
