Doc's Talk: The Redistribution of Freedom

Tuesday, December 17, 2013

The Redistribution of Freedom

Sultan Knish

Supreme Court Justice Louis Brandeis called the right to be left alone the "most comprehensive of rights and the right most valued by a free people." It would even be fair to say that without the right to be left alone no other rights exist.

Amendments one through ten of the Bill of Rights are essentially an enumeration of the ways that government is obligated to leave people alone. This is most explicitly true of the First Amendment which definitively sums up areas of human life into which government under no circumstance may trespass on.

Unlike other amendments, the territory that the First Amendment deals with is intellectual and spiritual, the world of ideas, the realm of faith and the defining right of political advocacy. The freedoms of the mind, heart and voice are the most essential of freedoms because they free us to be individuals. They allow us to have our own values. Without these freedoms, no society is free.

Those who sought to undermine these "Freedoms from Government" did so by offering alternative "Freedoms of Government." Countering the Founding Fathers' DMZ's of self-determination, they promised freedom from social problems. A second Bill of Rights would offer the freedom from fear and want. Instead of a liberation from government, the new rights would trade social benefits for freedoms. A right would not mean a zone of freedom from the government, but a government entitlement.

The Orwellian inversion of rights has meant that civil rights perversely take away rights. No sooner is a right created than it is used to deprive other people of their rights. Instead of rights freeing people from government repression, they act as a means of government repression. Freedom is treated as a limited commodity which, like wealth, must be redistributed to achieve maximum social justice.

The right to be left alone, freedom of speech and conscience, have taken a back seat to the redistribution of freedom. Government rights violate individual rights by compelling everyone to participate in the process of distributing entitlements.

A wedding photographer in New Mexico was ordered by a court to participate in a gay ceremony violating both her First Amendment rights to Freedom of Religion as a Christian and her right to Freedom of Speech as an artist. A baker in Colorado was ordered to make a gay wedding cake or face penalties ranging from fines to a year in prison. The ACLU is after even bigger game suing Catholic hospitals for not engaging in abortion contending that patients are being deprived of their rights.

The fundamental issue in all these cases is whether our rights are defined by the ability to be left alone or by the opposing ability to compel others to do what we want them to. Is the right to force someone else to participate in your wedding or perform your abortion more compelling than the right to opt out of being forced to engage in behaviors that violate your deepest religious convictions?

America is a nation founded by religious dissenters. Its founding documents, from the Declaration of Independence to the Constitution and its Bill of Rights make the moral case for dissent. The Declaration of Independence begins by setting out a moral case for separation, for the divorce of authority, based on the moral principle of individual freedom. It makes government conditional on liberty, rather than making liberty conditional on government.

Today the national establishment is intolerant of dissent. It traps the current of freedom in dams of entitlements. It pits the right to be against the right to receive and makes certain that the right to receive, not only the property of others, but their very conscience, mind and liberty, always wins out.

The United States is following the European course of rendering the distinction between the state and the church irrelevant by making the state into the church and mandating that everyone worship it. As in 19th century Europe, deliberate clashes are being stirred up between the values of the state and religious values for the purpose of demonstrating that the values of the state are supreme.

The expansion of state power is rapidly becoming limitless. The old legal justifications that linked Federal intervention in civil rights to interstate commerce and public accommodation have given way to a redefinition of any and all establishments as public accommodations. Courts argue that once an individual begins to sell a product or service, he loses access to all his Constitutional freedoms.

The core issue transcends the hot button social issues such as gay marriage and abortion embraced by the elites of a permissive society and addresses the deeper inversion of rights that is at the heart of the problem.

Reproductive rights and gay rights activists both campaigned to be left alone. There are still gay protests with placards arguing that their marriages are no one else's business and pro-abortion rallies demanding that politicians stay out of the bedroom. But if the marriage of Adam and Steve shouldn't be at the disposal of Harry and Julie, why should Harry's bakery and Julie's talent be at the disposal of Adam and Steve? If the government should stay out of the bedroom, then why must it dive into the bedroom to compel the owners of companies like Hobby Lobby to subsidize violations of their faith?

Cases like these show that the issue is not rights, but control. If the only way to obtain what you call your rights is by compelling someone else to give up theirs then what you are really demanding is not a right, but a means of imposing your values and your convictions on someone else. And that is not a matter of civil rights. It is an ideological and religious war with government siding with whoever has the most money to invest in strategic campaign contributions for the culture war.

Individual rights exist in the empty spaces that government is forced out of. Government rights however do not exist until everyone is forced to provide them. That is true of the redistribution of wealth and property, but it is even truer of the redistribution of freedom and the confiscation of conscience.

Whatever right government has to the seizure of wealth, it has none to the seizure of conscience. If there is any place that the government has no right to intrude, not in the name of social justice or political correctness or the progressive utopia awaiting us on the other side of the regulatory mirror, it is the territories of the First Amendment, sacred not only in idea, but also in practice.

There can be no faith, no ideas and no individuality without the First Amendment. Without the right to be left alone in your beliefs, your values and your convictions, there can be no other rights and the very notion of rights, no matter how often it is used to describe everything from free health care to gay marriage, cannot exist.

And it is into this sacred territory that the judicial activists of gay marriage have dared to intrude.

Rights can either be defined by the virtue of the individual in his liberty or the virtue of the government in its authoritarianism. But it cannot be defined by both. Either you have the right to be free or you have the right to the property and the service of another human being. The choice is the fundamental one between freedom and slavery.

Social justice denies the virtue of freedom, it rejects the possibility of self-determination without external intervention, it dismisses the idea that people can be free without a system of redistributing freedom from the oppressors to the oppressed so that the oppressed become the new oppressors. It rejects any alternative to entitlements as entitlement and any alternative to privilege as privilege.

The moral argument for freedom is the self-organizing principle of individuals. The moral argument for compulsion is that the system is superior to individuals. The left has chosen central planning in human rights as it has in every other area of life. It believes with the paradoxical perversity of doublethink that freedom can only come from government because only a central authority is qualified to provide the equal distribution of freedom within carefully planned limits.

This abrogation of freedom is the logical end result of the left's entire pattern of reasoning which rejects the individual for the collective, the working man for the planner and the people for the ideological expert. These forms of repression are expressions of its rotten notion that the left may do anything and everything in the name of freedom except actually allow the people to be free.

Without the right to be left alone, there are no other individual rights. Without individual rights, there is no such thing as a free society.

Every group is sooner or later faced with choosing whether it wants to win a final conclusive victory over its enemies or whether it wants to be free. The tyrannical choice is tempting, but it unleashes a cycle of conflict and repression that can only end with extermination. And once that choice is made, the formerly oppressed forfeit all their moral authority as they abandon freedom for tyranny.

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The IDF’s Minorities in Numbers and Pictures

In honor of IDF Diversity Week, we present diversity through numbers and pictures. Each year, more and more Muslims, Christians, Druze, Bedouin and immigrants from around the world take on the responsibility of defending Israel.

MUSLIMS:

Muslim Arab Israelis are not required to draft in the IDF, but there are many who volunteer. In 2013, there were over 200 Muslims serving in the IDF and over 300 in the reserves.

Bedouins:

Bedouins are nomadic Muslims who were in Israel when modern borders were set in place and are now considered Israeli citizens. They are not required to draft but a growing number choose to enlist. In 2012, there were over 1,400 Bedouin Muslim soldiers doing regular IDF service and almost 1,500 in the reserves.

Read more:http://www.idfblog.com/2014/02/27/truth-idf-numbers-pictures/#more-34027

Are you aware that in 2013, Middle class taxes go up-significantly?

In January of next year, the federal income tax rate for middle-class taxpayers is scheduled to rise from 25 percent to 28 percent, and the payroll tax is scheduled to rise from 13.3 percent to 15.3 percent… This drives the marginal tax rate based on the aforementioned three taxes to 48.12 percent. Add in state and local property, corporate, excise, and other state and local taxes, and the percentage of each additional dollar that is taxed hovers around 50 percent… When half of each additional dollar earned is taxed away, taxpayers experience a disincentive to start businesses or expand existing ones. This leads to fewer jobs being created.

Why is HAMAS Inside Tampa Schools?

Clare Lopez

Kelly Miliziano, who teaches history classes at Steinbrenner High School in the Tampa, Florida area apparently thinks it’s perfectly OK to invite a senior official of a HAMAS-affiliated organization into her classroom to discuss Islam with her students. According to local media reports, not only has this been going on for years, but in spite of the civil and criminal proceedings that could result from such reckless negligence, the Hillsborough County school superintendent, Mary Ellen Elia, and the chairman of the school board, Candy Olson, also expressed approval for students under their responsibility to be exposed repeatedly to guest speaker, Hassan Shibly, who is the Executive Director for the Council on American-Islamic Relations (CAIR) in the Tampa area.
More...

Did You Know... Ignoring the Call to Islam will Bring Jihad

‘Conquest through Da’wa [proselytizing] that is what we hope for. We will conquer Europe, we will conquer America! Not through sword but through Da’wa.’
-- Yousef al-Qaradawi , Muslim Brotherhood spiritual leader The Arabic word ‘Da’wa’ means the “call to Islam.” But do not think that Da’wa is the same thing as an invitation to an optional holiday event. The classical Islamic doctrine of jihad mandates that enemies must be given the opportunity to convert to Islam or pay the jizya tax before it is permissible to attack them.
Clare M. Lopez

Who is being discriminated-facts tell the truth

Religious bias

Hate crimes motivated by religious bias accounted for 1,409 offenses reported by law enforcement. A breakdown of the bias motivation of religious-bias offenses showed:

65.4 percent were anti-Jewish.
13.2 percent were anti-Islamic.
9.5 percent were anti-other religion, i.e., those not specified.
4.3 percent were anti-Catholic.
3.8 percent were anti-multiple religions, group.
3.3 percent were anti-Protestant.
0.5 percent were anti-Atheism/Agnosticism/etc.

http://www.fbi.gov/about-us/cjis/ucr/hate-crime/2010/narratives/hate-crime-2010-incidents-and-offenses.

On March 31, 1977, the Dutch newspaper Trouw published an interview

with PLO executive committee member Zahir Muhsein. Here's what he said:

"The Palestinian people does not exist. The creation of a Palestinian state is only a means for continuing our struggle against the state of Israel for our Arab unity. In reality today there is no difference between Jordanians, Palestinians, Syrians and Lebanese. Only for political and tactical reasons do we speak today about the existence of a Palestinian people, since Arab national interests demand that we posit the existence of a distinct "Palestinian people" to oppose Zionism.

For tactical reasons, Jordan, which is a sovereign state with defined borders, cannot raise claims to Haifa and Jaffa, while as a Palestinian, I can undoubtedly demand Haifa, Jaffa, Beer-Sheva and Jerusalem. However, the moment we reclaim our right to all of Palestine, we will not wait even a minute to unite Palestine and Jordan."

In March 1977, Zahir Muhsein, a PLO executive, said:

"The Palestinian people does not exist. The creation of a Palestinian state is only a means for continuing our struggle against the state of Israel for our Arab unity. In reality today there is no difference between Jordanians, Palestinians, Syrians and Lebanese. Only for political and tactical reasons do we speak today about the existence of a Palestinian people, since Arab national interests demand that we posit the existence of a distinct Palestinian people to oppose Zionism."

"For tactical reasons, Jordan, which is a sovereign state with defined borders, cannot raise claims to Haifa and Jaffa, while as a Palestinian, I can undoubtedly demand Haifa, Jaffa, Beer-Sheva and Jerusalem. However, the moment we reclaim our right to all of Palestine, we will not wait even a minute to unite Palestine and Jordan."

The Arab Apartheid

Ben-Dror Yemini
In 1948, the Arab countries refused to accept the UN partition proposal and they launched a war of annihilation against the State of Israel which had barely been established. All precedents in this matter showed that the party that starts the war - and with a declaration of annihilation, yet - pays a price for it. Between 550,000 and 710,000 Arabs fled because of the war and a larger number of 850,000 Jews were expelled or fled from Arab countries (the "Jewish nakba").
Population exchanges and expulsions were the norm at that time, occurring in dozens of other conflict points and affecting about 52 million people. In all the population exchange precedents that occurred during or at the end of an armed conflict, there was no return of refugees to the previous region, which had turned into a new national state.
Only the Arab states acted completely differently from the rest of the world. Instead of assimilating the refugees, they crushed them despite the fact that they were their coreligionists and members of the Arab nation - instituting a regime of apartheid. So the "nakba" was not caused by the actual dispossession, which had also been experienced by tens of millions of others. The "nakba" is the story of the apartheid, oppression, abuse and denial of rights suffered by the Arab refugees at the hands of the Arab countries. (Maariv)

International Law and Military Operations in Practice - Col. Richard Kemp

"Islamist fighting groups study the international laws of armed conflict carefully and they understand it well. They know that a British or Israeli commander and his men are bound by international law and the rules of engagement that flow from it. They then do their utmost to exploit what they view as one of their enemy's main weaknesses. Their very modus operandi is built on the correct assumption that Western armies will normally abide by the rules, while these insurgents employ a deliberate policy of operating consistently outside international law. "

Lost Historical Moments

What Rabin’s last Knesset speech really said:repudiation of a Palestinian state

Rabin ruled out a fully sovereign Palestinian state :

“We view the permanent solution in the framework of State of Israel which will include most of the area of the Land of Israel as it was under the rule of the British Mandate, and alongside it a Palestinian entity which will be a home to most of the Palestinian residents living in the Gaza Strip and the West Bank. We would like this to be an entity which is less than a state, and which will independently run the lives of the Palestinians under its authority.”

Rabin ruled out a total withdrawal from Judea and Samaria and thus a return to the pre-June 1967 borders :

“The borders of the State of Israel, during the permanent solution, will be beyond the lines which existed before the Six Day War. We will not return to the 4 June 1967 lines.”

Rabin ruled out withdrawing form the Jordan Valley:

“The security border of the State of Israel will be located in the Jordan Valley, in the broadest meaning of that term.”

Rabin ruled out uprooting settlement blocs, like the Gush Katif bloc in Gaza (which was subsequently uprooted by former Prime Minister Ariel Sharon):

“The establishment of blocs of settlements in Judea and Samaria, like the one in Gush Katif.

AND

Rabin ruled out removing any settlement before coming to a full peace agreement with the Palestinians:

“I want to remind you: we committed ourselves, that is, we came to an agreement, and committed ourselves before the Knesset, not to uproot a single settlement in the framework of the interim agreement, and not to hinder building for natural growth.”

Rabin insisted on Israel retaining full security control of the borders with Egypt and Jordan, contrary to Israel’s relinquishment of the Philadelphia Corridor on the border with Egypt:

“The responsibility for external security along the borders with Egypt and Jordan, as well as control over the airspace above all of the territories and Gaza Strip maritime zone, remains in our hands.”

Correcting Oslo Myths-Part 2

3) Kuttab laments that the post-1993 Oslo process resulted in a Palestinian Authority "whose ministers and legislators are not guaranteed passage between Gaza and the West Bank ...."

Before free passage or other perquisites, PA leaders were obligated, among other things, to eliminate the terrorist infrastructure in the West Bank and Gaza Strip, end anti-Israeli, antisemitic incitement in schools, mosques, and communications media, and resolve all outstanding issues through peaceful negotiations. They met none of these commitments, sometimes bolstering terrorism and greatly increasing incitement.

4) Kuttab complains that under Oslo the PA got "lightly armed police ---- but no real sovereignty over the land or contiguity between our communities in Gaza and the West Bank."

Oslo agreements repeatedly were revised, regardless of Palestinian non-compliance, until the authorized number of police grew from 8,000 to 40,000. Though they were to be the only armed forces in the territories, Israeli estimates early in the second intifada put the number of gunmen - police, "security services," terrorists, and armed gangs - at 85,000. Their armament reportedly included not only heavy machine guns and rocket-propelled grenades, but also anti-tank and anti-aircraft missiles.

Sovereignty was to be negotiated in the envisioned 1998 "final status" talks - after a five-year period of confidence-building. Palestinian leadership chronically undermined the process. Palestinian terrorism made the 1993 - 1998 Oslo period more deadly for Israelis than the 15 years preceding it.

The United States doesn't have contiguity between the lower 48 states and Alaska and Hawaii; territorial contiguity between the West Bank and Gaza Strip - that is, through the 20 miles of Israeli territory between them - was never promised and would destroy Israeli contiguity.

5) "Palestinians have been made to endure hundreds of checkpoints in the West Bank, an eight-foot wall deep in our territories, and tight Israeli control over borders."

The security barrier is not "deep in Palestinian territories," but rather encompasses less than 8 percent of Judea and Samaria, and is mostly a fence, rarely a wall; the land in question is not "our [Palestinian] territories" but disputed territory to which, according to the authors of U.N. Security Council Resolution 242, Jews as well as Arabs have claims; and there are no international borders, only the 1949 armistice lines with Jordan. Under 242, borders remain to be negotiated. As for checkpoints - like the security barrier and "tight Israeli control" - Palestinian Arabs precipitated these measures themselves. No terrorism and there would be no fence or tight Israeli control and few checkpoints - like before the first intifada.

Correcting Some Oslo Myths

1) In Oslo "Israeli, Palestinian and other world leaders promised that ... Palestinian sovereignty would be solidified."

No, they didn't. The 1993 Declaration of Principles and subsequent Oslo agreements outlined a process by which final status negotiations about the West Bank and Gaza Strip would be reached. The process required an end to anti-Israel terrorism and incitement and a commitment to peaceful negotiations. The PA, Fatah, Hamas, Islamic Jihad, the Popular Front for the Liberation of Palestine, and other terrorist groups, sabotaged the process from the start.

2) "The reality is that, in defiance of U.N. Security Council Resolution 242, which states that it is inadmissible to occupy land by force, Palestinian territories are still under foreign military occupation."
Wrong again. Resolution 242 (1967) does note "the inadmissibility of the acquisition of territory by war." It also affirms the right of every state in the area "to live in peace with secure and recognized boundaries free from threats or acts of force." There were no "Palestinian territories." Jordan occupied the West Bank, Egypt controlled Gaza. Israel did not have "secure and recognized boundaries," so retention of some of those territories was possible under 242. Israel is not a "foreign" military occupier in the West Bank but, pending final negotiations, the lawful military administrator as a result of a successful war of self-defense.

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