Back in March, I wrote a column discussing how 100 years ago – in 1913 – the 16th Amendment altered the U.S. Constitution to allow the federal government to impose direct taxes on the citizens of the states.
I defended the founders’ constitutional prohibition against taxing the people directly by contending the restriction was an effective limit on the size and scope of the federal government.
The power to tax is the power to dictate the national agenda. Even more importantly, U.S. Supreme Court Chief Justice John Marshall wrote in McCulloch v. Maryland (1819) that “the power to tax involves the power to destroy.”
Of course, some smart-aleck commented something like: “When I want answers to the fundamental questions of life, I always follow the advice of 18th-century slave-holding white men.”
Sadly, this person, who naturally wrote under an alias, missed the point. The founders of this nation established the longest lasting constitutional republic the world has ever seen.
Article I, Section 35 of North Carolina’s Constitution says:
“A frequent recurrence to fundamental principles is absolutely necessary to preserve the blessings of liberty.”
On this July 4th, we all need to take the time to examine the “fundamental principles” set forth in The Declaration of Independence. Doing so is the truest way to preserve the blessings of liberty.
“We hold these truths to be self-evident: ….”
Jefferson uses these words to introduce five clauses that form the bedrock of American political thought. These introductory words and the five clauses are one long but complete presentation, a masterful use of parallel structure that demonstrates how the point of each clause forms an equal part of the truths Jefferson sets forth:
“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,
“that to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed,
“that whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most like to effect the Safety and Happiness.”
Look at the basic questions these clauses answer.
What is the standing of all people under Natural Law? “All men [people] are created equal.”
Where do basic rights come from? “They [the people] are endowed by their Creator …” – not their government – with basic rights.
What are the most basic rights? “Life, Liberty and the Pursuit of Happiness.”
Why does government exist? “To secure these rights”
Where does government get its just powers? “From the consent of the governed.”
What happens if government fails in its mission to secure our individual rights?
The People have right “to alter or to abolish it, and to institute new Government.”
Jefferson then set forth the list of grievances against the British King and Parliament. He demonstrated how the British government failed to protect the individual rights of the citizens of the colonies.
Reading the list of grievances The Declaration outlines will remind most of us of the usurpations of our government today – a government that believes it grants rights to us, a government filled with people who believe they are a law unto themselves.
How about an example?
Jefferson contended King George “has erected a multitude of New Offices, and sent hither swarms of Officers to harass our people, and eat out their substance.”
Think of the federal bureaucracy with all its tentacles.
Another example:
“He [the king] has kept among us, in times of peace, Standing Armies without the Consent of our legislatures.”
We seem to have two standing armies – the U.S. military, seemingly the world’s police force, and the army created by the Department of Homeland Security. Does the purpose of this second army concern anyone but me?
If we are to truly protect our liberties, we must get back to basics – recur to “fundamental principles.”
If we do not understand and protect these fundamental principles, then we place our liberties at risk.
Mike Parker is a columnist for The Free Press. You can reach him at mparker16@suddenlink.net or in care of this newspaper.