Minarchy and the Right to Choose

I’ve often wondered about the phrase “the right to choose.”

People across the political spectrum use that phrase a lot, and when it’s government goons either hired, elected or appointed, it almost always means “you have the right to choose as long as we approve of your choices.”

When I use that phrase, I mean it as “you have the right to choose any damn thing you like, as long as you’re not causing physical or financial harm to anyone else.”

There are a few lines that need to be drawn, of course, and I’ll tell you where they are as we go along.

I’d like to say this is the major difference between Right and Left, when it comes to life choices; that the Right is more as “you have the right to choose any damn thing you like, as long as you’re not causing physical or financial harm to anyone else” while the Left is all about “you have the right to choose as long as we approve of your choices.”  That’s not true in every case, but it’s a good place to start.  Let’s look at those two alternatives and cast them in the light of some history, and some current events.  So we have these options:

Option 1:  You have the right to choose any damn thing you like, as long as you’re not causing physical or financial harm to anyone else.

Option 2:  You have the right to choose as long as we approve of your choices.

The Founders seemed to fall firmly on the Option 1 side of things.  Look at the Bill of Rights; the First Amendment prohibits the Federal (and, after the Fourteenth Amendment, the states) from interfering with your freedom of conscience and your freedom of speech.  The Second Amendment states that your right to keep and bear (as in, carry) arms – and this is the important bit – shall not be infringed. 

I’d argue that since about 1934 that right has been infringed a great deal, but that’s a topic for another day.  The Fourth Amendment is a guarantee that the

“…right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”

Look at those, and the rest of the Bill of Rights, and you’ll see very clearly the intent of the Founders:  To limit what government can do to us.  In effect, to protect our freedom to choose – how to worship, what to say, whether you care to own a gun, to conduct your affairs without government agents snooping.

But now, today, the Federal government has grown into an Imperial colossus.  Look at the mammoth lists of regulations to come from the Imperial City – excuse me, I mean Washington – and you’ll see that the Colossus has moved to Option 2.  They tell the automakers what kinds of cars and trucks are allowed, and what mileage they must realize.  They tell the oil and gas industry when, where and if they can drill.  They “encourage” private companies to hire the correct people.  Oh, we can choose – as long as our choices are approved by a Federal bureaucrat.

This happens at the state level, as well.  We must seek permission from the state or county to erect or modify a building on our own property.  We must seek permission from the state or county, and in many cases obtain a license, to conduct our business affairs.  The examples are legion.

The Founders, again, described a similar (but not as extreme) situation.  Here’s a relevant portion:

He has erected a multitude of New Offices, and sent hither swarms of Officers to harrass our people, and eat out their substance.

The Founders sought to address this by producing a governing document and a listing of rights based on Option 1:  To ensure our liberty, and to tightly constrain government within clearly defined boundaries.

But that’s not where we are today.  We have the right to choose only so far as our choices are approved, often by someone against whom we can seek no redress.  And I’m damned if I see a peaceful way back

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