Friday, August 20, 2010

9/11 Victory Mosque: Another Reason the “Rights” Talk is Bunk


Joe Blough

Were it not so grim, it would have been funny to watch Mr. They’re-Just-Negative-Rights Obama roll out the parchment to defend the construction of the 9/11 Victory Mosque. The rationalization he offered was so lame, that it is no longer repeated by any but the stupidest of the mosque project supporters. But there is still yet another bogus rights argument being circulated in defense of the jihad victory monument. One that needs public discrediting. Just so we all stay on the same page:

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

Well, congress isn’t making any laws about the matter so that settles that. Thank you Mr. Assistant Professor in Chief. Unfortunately there is nothing in there preventing the president from insulting the intelligence of the public.

But there is another rights angle to this, that gets hinted at constantly, but that’s not openly debated – at least not that I’ve heard. Property Rights. People keep hinting at the fact that there is a property rights view, whereby you can legally acquire property and do with it what you like, within the limit of the law — property rights being so sacrosanct that that settles the issue.

Now, I ask you, gentle reader, are you familiar with the way property rights are respected in NYC? And by Sr. Cordoba-Bloomberg particularly? They are not. The ownership and use of real estate in NYC is a byzantine, mind bending tangle of zoning rules, landmark rules, regulations, ordinances, fees and taxes — leaving the gov’t of NYC free to do pretty well what it pleases.
Consider the non-smoking rules so dear to Mr. Bloomberg’s heart. There are people, loud persistent people, in NYC that don’t like cigarette smoke. And based on that dislike — a mere dislike — property owners, leasors and leasees of all sorts around NYC must prevent their customers from smoking on their property or face the wrath of the city. Property rights in NYC are such that hanging a sign over your door that says “Smokers Only” will not defend you. You have no say in the matter, your rights are not recognized. And that is only one, blatantly obvious example.

NYC is very well practiced at limiting one person’s rights to accomodate the comforts of another.

Public property in NYC is handled with the same high handed flippancy, as if it belonged personally to New Yorkers’ alleged representatives. For example, traffic down Broadway is now slowed to a trickle, because some genius in the administration thought it would be nice to have little parks in the middle of Broadway rather than all those nasty smelly cars. The rights of the public that jointly own that avenue? Not even a consideration.

And here again, why make little parks in the middle of one of NYC’s busiest streets? Because little parks appeal to somebody’s feelings, whereas cars do not.

To be fair, some might argue, perhaps even with some justice, that that is just what local ordinances are for. To legislate matters that in an ideal sense, impinge on individual rights, for the sake of accomodating local sensibilities. But, were that correct, the Bloomberg administration would only stand more deeply damned.

Bloomberg and his functionaries could have found a dozen, perfectly plausible and normal ways to dictate that the mosque could not be built less than than some arbitrary distance from ground zero. They have all the tools they need.

The government of NYC and Mr. Bloomberg, can, will and do legislate and regulate on the basis of feeling. The only question is whose feelings. What we learn is that the feelings of most of the voting public, indeed the feelings of the families of the dead and survivors of the 9/11 attack, do not count. What matters are the feelings of Mr. Bloomberg and his leftist friends.

And believe me when I tell you, those are not feelings of love. Not for America. And not, gentle reader, for you.

No comments: