Freedoms and Liberty

Let’s have a chat about freedom and liberty. Are they the same thing? No, they aren’t.
A freedom is a right that everybody has, something that everybody wants. For example, we all want to be able to speak our minds, and in America we have enshrined in the Bill of Rights freedom of speech. We can say what we want, free from persecution, unless our speech directly and imminently threatens someone, like in the common example of shouting fire in a crowded theater.
Liberty, on the other hand, is a right everyone has, only it’s about what an individual wants. Each of us has their own wants and desires. For example, I might want to rob your house but you probably don’t want your house to be robbed. Liberty creates conflicts of desire.
Where freedoms and liberty come from and what we can legally do about them is somewhat counterintuitive.
The Declaration of Independence states clearly that we all have the inalienable rights of Life, Liberty, and the Pursuit of Happiness. These rights are considered to be given, by God, at birth, to everyone. Most people take this to mean that these are rights that can never be taken away, which is true. These rights cannot be legally taken away. But, because they cannot be taken away they must be regulated by law. This is because one person’s liberty may conflict with another person’s liberty. It is one reason that we have laws. Disputes about people’s liberty happen all the time and limits to our behavior are established by law. The rights to life and the pursuit of happiness also lead to conflicts between citizens, and also must be limited by laws.
Freedoms, on the other hand, are not inalienable. They are granted, by government, in their governing documents, through laws, or by the courts. For example, the Bill of Rights was added to the constitution, after the fact, because people realized there were freedoms all Americans should have that, unlike liberty, were not God-given and had to be granted by government.
Freedoms cannot be limited except by strict judicial examination and interpretation of the Constitution or through other governmental means. Our constitutional rights and freedoms have limitations that are written into the constitution, or are limited by law, or through judicial rule. And, because they are granted by government and not given by God, they can be taken away by government. Granted, it is difficult to take away a constitutional freedom. It can only be done by amending the constitution or by the edict of a dictator. But it can be done.
The constitution has been amended only 27 times with the first 10 amendments, the Bill of Rights, having been ratified in 1791. That there have only been 17 amendments since then shows how hard it is to amend the constitution. The United States has never had a dictator, elected or otherwise. Our rights have yet to be taken away by force.
The ninth amendment in the Bill of Rights states that there are other rights not specifically mentioned in the constitution. Those rights are determined through legislation and ultimately by the courts. Because of their non-constitutional status, these rights can be much easier to take away.
A common misconception about both freedoms and liberty is that they confer upon the individual carte blanche to do anything they want and be protected by the Constitution and Declaration of Independence. This is not true. Both our freedoms and our liberty can, have, and will be limited and regulated by law and through the courts. It is often overlooked that along with each right we have a corresponding responsibility. It is an important part of being a citizen that we not only know our rights but also our responsibilities. All too often I hear angry citizens complaining that their rights are being trampled on without understanding that limitations on those rights are in force. They had not considered, consciously or otherwise, that they had responsibilities associated with those rights.
This is a significant issue in today’s America. There are individuals and organizations that present very serious threats to the survival of our democracy, based on false and/or skewed interpretations of our founding documents. Many Americans misinterpret the intentions of our founding fathers, through ignorance, by succumbing to propaganda, or on purpose. There is an assumption that they have rights that cannot be limited by anyone, especially government. The threats these forces present to the nation, to our unique philosophy of governance, both from outside and inside the legislative, executive, and judicial branches, are tangible and powerful. We are right to fear them. We are also right to believe in our power as citizens.
Some tell us that the power and strength of the American way of life lie in our capitalist, free-market economy, which has accumulated the vast wealth required to bend the world’s nations to our will. This is not true. America’s strength resides in her people, now and always. Perhaps our most important right, the right to vote, is still ours. We can use it to guide the path of American life, economically, socially, politically, and with equity of race, sex, gender, religion, ethnicity, class, etc. To do so we must be mindful of our differences and develop the skills of listening and humility. We must remember that our freedoms, which include the right to vote, can be taken away, if not through the vote, through the whim of a tyrant.
We can no longer take it for granted in America that we are free from evil in our government, that we are still protected by the checks and balances built into our constitution. We are no longer safe from military action against our citizens or false imprisonment or any of the other horrors of totalitarian rule. Think long and hard before you assume that those who promise prosperity and glory are saviors. Make certain they are not leading us off the cliff and into the abyss of total subservience. This audit of America takes time and active discernment. We have need to start right now. It is by no means easy. It takes eyes and ears and tongues, hearts and souls, and brains. We will not survive if we remain frogs in the slowly heating pot. I can see the steam rising. I don’t pray often, but I pray we can save our democracy.
We have precious little time.

It’s Black Turkey Day!!!!!!

Jesus, it’s Thanksgiving! I should post something on Facebook about what I’m grateful for. Really I should. This is the extent of the original intent and essence of this dying holiday expressed by many people.

What happened? Thanksgiving is a uniquely American holiday. Even considering the fabricated nature and false origin story of the holiday the “author’s message” is a noble and visionary one. Although mythological, it’s message of American cooperation and diversity is to be admired. But that message has effectively disappeared from the celebratory landscape of this uniquely American philosophic contribution to the world politic.

A festive gathering of “others”, supping together in a testament to the unity of all peoples, a symbol of our embrace of diversity as strength and love as a primary character trait, has been reduced to gluttony and argument immediately followed by greed.

As Target is the geographically closest alleged discount store to me I use it as a thermometer to measure our nation’s commercial temperature. The retail monster that is Christmas continue’s to usurp more and more of the shopping year. It has devoured Thanksgiving and were it not for the occult appeal and “only this one day of the year” deference to childhood excess it would engulf Halloween as well. This year, Christmas tree lights, the first harbinger of the commercial onslaught, were out on the shelves BeFoRe Halloween. This phenomenon has been creeping toward this inevitability for years, a few more days every year.

Candy displays, which mark the official changeover of holiday, er merchandising, seasons now switch immediately from Halloween’s pumpkin-shaped Reese’s and black cats and witches hats on the packages to Christmas jingle bells, snowflakes and Santa-shaped chocolates of infinite variety. Not that Thanksgiving has a unique candy footprint. But come on man, can’t we have three weeks of normal colored M&Ms. Please.

If there is a token acknowledgment of Thanksgiving in modern American consciousness it is wrapped up in the form of the Turkey. Not the fierce and proud Wild Turkey (I’ll have a double) but the domesticated, cage-raised, breast augmented turkey. Each year the current President pardons this year’s Barabbas from certain slaughter, signaling the start of the barbaric genocide of this year’s “crop” of fattened calves, err birds, for the sacrificial pleasure of the unapologetic masses.

The Thanksgiving meal, once a legendary, semiotic standard of our generous and egalitarian natures has now become a no man’s land battleground for any and all partisan issues. Nothing is out of bounds; every nicety graciously observed the rest of the year flies out the window. The gloves come off. Every indignation, resentment and outright hateful feeling that blackens our hearts are bared right there amid the cranberry sauce and cornbread stuffing. With jabbing forks jabbing we challenge each other to prove our worldview is righteous and good and yours is perverse and damning.

Then the Tryptophan kicks in, we relax and acquiesce, all of us, to watching the NFL and discussing the family’s divorces, babies, and surgical procedures. The day’s battle settled, halftimes bring the patriarch’s mandated Thanksgiving speech followed by each singled out family member’s obligatory declaration of “what I’m thankful for”. This is where children learn that adherence to the respect of the origins of the Thanksgiving ideal lies only in this one obligatory sentence. Our elders reveal that a wide berth of veracity is allowed in this ritualistic reality of the modern Thanksgiving experience. As long as you are thankful for something, no matter how meaningless and insignificant, you have fulfilled your familial, and thus your nationalist duty.

Could it be that I am caustically cynical about how we as a society have desecrated this manufactured attempt by our ancestors to remind us of the nobility of our nation’s origins and respect for non-white peoples?  You’re damn right I am. Frankly, I’ve been pulling my punches. There were way more expletives in my first draft. Have we no shame? We can’t even honor a national holiday based on a falsehood.

And I haven’t even gotten to the whole unholy Black Friday thing. Just as the tree lights have crept onto shelves earlier and earlier so has the other gluttony of the day. We used to have a few hours respite, a chance to digest both the food and the sparring before we arose like vampires at midnight. Once upon a time the retailers actually waited until Friday. This year my Target credit card authorized me to get doorbuster prices on Wednesday. Emails from a week or more before the holiday teased me with “Black Friday prices”.  I’m pretty sure you were offered “Black Friday in July” pricing this summer. Dinners now start at halftime in order to get in line by 5 for the 6 PM Walmart opening. It’s let’s throw the dishes in the dishwasher and time’s a wastin’.

Armed with our family battle plan, forged out of intense research and study of the three-inch thick Thanksgiving Thursday newspaper, we attack the vast array of local big box stores in a multi-front, coordinated frenzy of credit card maxing out.

I’ll run interference while you grab the last deep discounted ultra high def flat screen smart TV at 70% off MSRP. This is why we watch football earlier in the day, to get some ideas for blocking schemes, to keep the other family’s linebackers away from our designated grabbers. It’s every gang for themselves, may the best shopper win.

Some folks skip the meal entirely and go directly to the self-propelled vacuum cleaner at pennies on the dollar. Why not? It’s damn hard to roast a turkey. And to avoid going 12 rounds every year with Uncle Harold over gay abortion is a great idea. In fact, why don’t we just do away with Thanksgiving altogether? I mean really, who is really thankful for anything these days, without reservations or exceptions or objections or consequences.

Am I still caustic, full of vitriol, toxic in my disdain? Of course, you betcha. I just can’t understand why we insist on allowing one of our most positive, meaningful traditions to deteriorate into disrepair, unredeemable and sadly, distinctly unamerican. Even if it wasn’t true it still represents something. What are we thinking?

So what am I thankful for, as an American on this day of flying cartoon characters and too dry turkey and football and deep discounts? To what do I owe gratitude on this disappearing tribute to an imagined America of tolerance and shared abundance?

I am thankful that I am still free to write these words and express my anger without fear.

I am thankful that America has always been great, if only for simple freedoms and always keeping a space available for love.

I am thankful that America has always been great for allowing dreams the opportunity to become reality.

I am thankful that America has always been great in its vision beyond the horizon, its foresight in the face of hindrance, hope in the face of despair, life in the face of violence.

Please don’t think I am chastizing everyone. Millions and millions of us know love of neighbor in their hearts and are thankful for their good fortune, health for them and their families, joy, and respect.

I’ll never give up on Thanksgiving.

I’m thankful I can.