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America: The tradition of measuring individual rights and interests versus the government

when the action to be prevented is in direct opposition to one's wellbeing or exercise of rights; these rights may be thought of as reactive rights.

Active rights is the most encompassing group, including the rights to: life, ownership, pursuit of values and movement. These rights allow man to exist in the world as an active agent, empowering him to obey or rebel against his maker, giving his love or hate of God substantial value.

Expressive rights, which may be considered an active right, are those rights which empower man to display and communicate his innermost feelings. Without these rights, man cannot employ his other rights.

In order for a government to have a right, its citizens must have previously had that right and been unable to execute those rights in a way that is pleasing to God. In other words, man must concede the right to use physical force on one another as a restrictive right must be conceded to the government in order to prevent the vendetta feuds all too common in eastern European countries.

If a government wishes to restrict the use of a drug in order to keep its citizens safe, it must find a valid right that its citizens previously owned to do so. If a government wishes to go to war, it must validate that the opposing nation initiated violence against it, as the right to violence is only justifiable in prevention of or reaction to any unprovoked violence. Using this simple formula we can find the answer to any question of governmental policy.

However, this is not to say that citizens do or ought to delegate all their rights to their government. For example, obviously, one cannot and should not delegate his right to life to his government (death camps), nor should he delegate his right of expression (government sponsored propaganda). What then can we use as criteria for the delegation of rights by the individual to his government?

We must return to the social contract. Why did this curious compact come to be between rulers and citizens? Collective safety. It is a generally accepted maxim that there is safety in numbers. For this reason the right to use force against an aggressor (a restrictive right) was delegated to government. These aggressors were quickly realized to be both foreign and domestic; this being the case, citizens delegated the right to punish its own people in order to prevent aggression and fraud (a form of violence to ones rights to ownership).

With this increased responsibility people then delegated the right to fund these actions to their government through a self determined tax system. In each case of these fundamental delegations, we see a need to prevent any restriction of one of the citizen's rights by fraud or violence. I propose that this should be the criteria for any and all governmental actions.

In order for any government to be deemed legitimate, it must be exclusively devoted to protecting its citizens' rights through the exercise of the rights delegated to it, and nothing more. Any further government action is either a well intentioned but obviously flawed plan by an irrational reformer, or the sadistic attempts by a surreptitious government out of control.

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