Friday, July 30, 2010

Of Thousand-Page Laws and Our Republic

Congress is broken. Few are satisfied that our representative system of government is working. As a very important measure, I would point to massive new 2,319 page laws (which weigh more than 12 pounds, printed on both sides of the page). You have to talk yourself into believing that it is O.K. for a new law to be over 2,300 pages long. After all, the Constitution itself is only a couple of pages long—albeit written with a fine hand on large sheets of paper. Perhaps the most important set of laws in the history of man, the Ten Commandments, is only 297 words long (King James Version). And Jesus Christ reemphasized the teaching of the prophets from the Old Testament that even those words and all other laws are summed up in just two commandments:
Thou shalt love the Lord thy God with all thy heart, and with all thy soul, and with all thy mind. This is the first and great commandment. And the second is like unto it, Thou shalt love thy neighbor as thyself. (Matthew 22:37-39)

I understand and expect the retort that these are two very different kinds of laws. With that I would agree. The difference is not, however, that the Constitution and the Ten Commandments are foundational principles, while the 2,300 page variety of laws referred to at the beginning of this comment (the new Dodd-Frank financial regulatory law, by the way) is in the way of practical implementation. The Ten Commandments are very much in the way of practical implementation. “Thou shalt not steal” is pretty practical. And the first implementation laws passed by the new Congresses under the new Constitution were not thousands or hundreds or even dozens of pages long. The lengthy laws have developed the farther we have come in time and spirit from our Constitution.

The big difference from the laws of the earlier days of the American Republic and the multi-thousand page laws of today’s Obamacare and Dodd-Frank financial regulation is that when government takes upon itself the task of controlling what people should do, of controlling their daily lives through such things as how to manage their health and their wealth, it takes a lot of words. It only takes a few words to say that it is against the law to maim someone or to rob him. That is to say, it only takes a few words to outlaw crime, but it takes a lot of words to “guide” people in the exercise of their freedom and to turn harmless individual choices (such as which medical procedures you want or how to invest for retirement) into crimes.

Our Republic rests upon the notion that we elect and trust a relative handful of people to represent us in the making of laws, at the federal level just slightly more than 500 people out of more than 300 million. They do the legislative work because it would be impractical for all of us to do it together. They stand in our place, voting for us with authority derived from us, the people.

How can we have a representative government, though, where the representatives pass laws that they do not and cannot read? How can they represent us when they do not and cannot know what they are voting on? Do they not, indeed, fall down on their duty to us when they vote for laws that they have not read? Is not their job made impossible when they are asked to consider laws made up of thousands, or even hundreds, of pages?

That is to say, that our Republican form of government is inconsistent with the kinds of laws that Congress has been passing today (a trend which really got going in earnest during the Congresses of the Depression). Only if our representatives get back to passing short laws that outlaw crime, and abandon efforts to direct the lives of the people, can they really do their job and only then will representative government in America work the way it was intended.

Sunday, July 11, 2010

Of Individual Worth and the Fatherhood of God

In recent times Jesus Christ declared, “Remember, the worth of souls is great in the sight of God” (Doctrine and Covenants 18:10), a reminder of the high value that Christianity places on the value of the individual. This is unusual where much of the world focuses on masses and classes and elevates rights of the group over the rights of the individual. In much of the world and throughout history individuals have been considered expendable, particularly if expending them could be feigned as benefiting the group. That is certainly at the core of Marxism and other variants of socialism, that read history as the story of classes. It is at the core of statism, that considers all issues in terms of how they affect the state rather than how they affect the individuals in the state. Of course, just like the oriental despotisms (the ethos of which prevails in many “modern” oriental governments) the focus on the rights of groups and of the state or the society is a mask for reinforcing the power of the rulers of the masses who pretend to speak for the masses and govern for their good while continuing to exploit them.

The worth of the individual in the doctrines of Christianity comes from the fact that each man and woman is literally and not figuratively a child of God. That is fundamentally what makes men and women different from all other animals, a fact that requires little reflection to recognize its truth and lots of sophistry to convince people otherwise. You need a lot of explaining to make people believe that they are no different from the dogs and the snakes and the trees, and even then the idea is so foreign to everyday observable reality that few are convinced, and of those, few stay convinced. The intellectual and moral gap between man and beast is too vast, despite enormous efforts throughout the ages to make it appear not so.

Individual worth based on the literal fatherhood of God is an original doctrine of Christianity, found in the first pages of the Bible. Consider these words from the story of the creation. “And God created great whales, and every living creature that moveth, which the waters brought forth abundantly, after their kind, and every winged fowl after his kind” (Genesis 1:21). Notice that the creatures of the sea and air all came forth “after their kind”. Those are not accidental words. Consider the description of the creatures of the land. “And God made the beast of the earth after his kind, and cattle after their kind, and every thing that creapeth upon the earth after his kind” (Genesis 1:25). Again, all of the land creatures were made “after their kind”. Notice how differently the creation of man is described; what was the “kind” after which man was created? “So God created man in his own image, in the image of God created he him; male and female created he them.” (Genesis 1:27)

Of course, this idea of the divine heritage of man is unpopular with despots who choose to use and abuse God's children. In the ancient Americas a prophet of God was killed by his king for preaching “that man was created after the image of God” (Mosiah 7:27).

Again, in the New Testament the Savior and His disciples taught the divine lineage of man. For example, Paul wrote to the saints in Rome, “The Spirit itself beareth witness with our spirit, that we are the children of God: And if children, then heirs; heirs of God, and joint heirs with Christ” (Romans 8:16, 17). That notion probably did not sit well with the Caesars, who were busy eroding the rights of the individual found in much of Roman law.

The worth of the individual is certainly at odds with the modern-day Caesars. Their emphasis on group rights, their programs to divide societies up by classes and ethnic groups, would leave individuals powerless to protect themselves against sacrifice on state altars except by appeal through their membership in some favored group.

The worth of the individual is the foundation for the freedom of the individual. Consider how much of the Constitution—particularly the Bill of Rights—is focused on the preservation of individual freedoms: freedom of religion, freedom of assembly, free speech, right to armed self protection, right to trial by jury, protection of private property, and so on. These constitutional rights are a partial enumeration of what the Declaration of Independence proclaimed to be “unalienable Rights” by which all men have been “endowed by their Creator.” While you may not have to be a Christian to believe in the divine worth of the individual, this very Christian doctrine is embedded in our system of government and at the heart of what has made America different from much of the world and much of history.

That is why those who seek to change America work to undermine all that proclaims the individual worth of each and every man and woman. It is hard to justify treating God’s children like so many cattle; you first have to get people to believe that they are more like cattle than they are like their Father in heaven. So far, most Americans have shown a stubborn adherence to truths that they have held for more than 230 years to be “self-evident” and which God our Father has taught us from the beginning.

Friday, July 2, 2010

Of Liberty and the Caesars

As we near another annual celebration of our Declaration of Independence and the proclamation of American liberty, it is worthwhile reflecting on what that independence and liberty rest. At its core, the American Revolution revolved around the deep desire to preserve something. That something was the rule of law, an elementary principle of government that the founding fathers had found here and nurtured. The rule of law is the fundamental idea that we should be governed by laws and not by men. It is that principle that throughout our history has set America apart from the rest of the world. Embracing the rule of law the founders built our nation upon a written Constitution.

Our founding fathers frequently used the word “liberty” when referring to the rule of law. When they said “liberty” they did not mean wantonness and libertinism, to be abusive without consequence. Our founding fathers meant by “liberty” the freedom that they had found in America to live beyond the wanton grasp of the arbitrary rule of kings, lords, ladies, and even parliaments. Our founding fathers were comfortable with the idea of government only if what the government did—or more precisely, if what the people in government did—was closely and clearly controlled by laws that everyone understood. To them that meant that they had liberty, and they loved it. The Declaration of Independence is a detailed protest by the Congress of the thirteen new States against the arbitrary violations of the rule of law—of American liberty—by the British crown.

Precisely because the American Revolution was an appeal to the rule of law we succeeded in creating a stable government and society where the French Revolution (and many others since)—appealing to the rule of men, albeit a different crowd of men—fell into chaos and anarchy, merely replacing one despotism with another. The French tore down the monarchy in order to replace it with the Reign of Terror. Americans enshrined liberty in a document that still operates today to resist the arbitrary rule of one group of men over the rest. The Constitution protects the rights of each and all—individuals and minorities—through the rule of law.

The rule of law was not a new idea. Rome’s greatness was built upon it. Its weakness and eventual collapse came as the Romans traded the rule of law for the rule of men under the Caesars. Even then, the Roman tradition of the rule of law was so strong that it took nearly 500 years for the progressive rule of men to lead to the sack of Rome and the ushering in of the Dark Ages, an era dominated by the rule of men.

The idea of the rule of law, however, is much older than Rome. It is found at the heart of Christianity, reaching back to the Garden, from which man was expelled by the breaking of law. Man was redeemed from the broken law by Jesus Christ, whose great sacrifice was made to bind up the broken law and create the path for man to live in harmony with divine law. In modern times Jesus Christ explained the eternal purpose of law in these words: “that which is governed by law is also preserved by law and perfected and sanctified by the same.” (Doctrine and Covenants 88:34)

As our eternal freedom is protected by law, so it is with our civil freedom. Law is our shield against the whim of other men. Without the law, our only defense against someone’s whim is the protection provided to us by the whim of someone stronger. That is the essence of feudalism. That is what our founding fathers were so desperate to leave behind in the Old World, whichever “Old World” they left. That same search for liberty under the law inspires many refugees to America today.

That is perhaps why Americans are made nervous by all of the policy “czars” that have been created by the Obama administration. Czars suggest rule by men rather than by law. “Czars,” the Russian variant of the Latin “Caesar,” are justified by the argument that “they can get things done,” but in the doing they rely upon the arbitrary will of single individuals invested with extraordinary power: rule by men (and women).

Congress is on the verge of enacting—unless the Senate votes “No” when it returns to session in mid July—a major restructuring of the American financial system that would replace rule of law with the rule of men. The new structure rests upon enormous power given to new financial czars. There is a new czar for all federally-chartered banks and thrifts, a new financial consumer czar with power to dictate every aspect of any financial product and service that is offered to the public, and a new systemic risk council with authority to reorganize or even break up any company in America if in their opinion its operations are too risky for the financial economy. The authorities that this new legislation would give are broad, the instructions on how to use those authorities vague, and the ability to find appeal from the mandates of the new czars seriously restricted.

Our founding fathers, who escaped from that kind of rule, would have warned us.

Friday, June 18, 2010

Of Wall Street and Pennsylvania Avenue

Who wants another financial crisis? To hear the advocates of the Administration’s financial regulation bill, anyone who disagrees with them does.

Let us walk past the discussion of others’ motives, important as they might be. Let us, you and I, agree that we do no want another financial crisis. Or, phrased better, let us agree that we would like to reduce the likelihood of another financial crisis and minimize the extent of crisis when it comes. Anyone believe that there will never be another one? Recognizing that crises will occur and that we will be better prepared to face them by acknowledging and preparing for their possibility, let us consider which approach is likely to work to reduce their frequency and their severity.

Which is more likely to be more effective at reducing the risk of financial crises: government regulators or market discipline? Relying upon experience as a reliable guide, the question is soon answered. Government was all over the most recent crisis. In fact, the most recent financial crisis was fomented by government regulations and stimulated into panic by unwise government actions, all of which worked to shield key players from market discipline. Government housing programs and guaranties led people to ignore the risks of mortgage lending—ignored by borrowers and lenders. Credit rating agencies (CRAs) were able to classify risky mortgage securities as nearly risk-free, shielded by the Securities and Exchange Commission from market pressures to identify risks that the CRAs were paid to find.

The crisis was fanned into a panic after the Paulson Treasury Department (1) orchestrated the bailout of the securities firm Bear Stearns, then (2) subjected investors to a big tease with Lehman Brothers which they at last decided not to bail out, (3) bailed out AIG, (4) bailed out bond investors in Fannie Mae and Freddie Mac, and then (5) demanded from Congress $700 billion for the catastrophic Troubled Asset Relief Program (TARP). None of the TARP money was used to buy any troubled assets. A third of it went to bail out banks that were not in trouble (until they took the Treasury’s shilling) while other billions went to auto companies that were.

So why are the Administration and leaders in Congress on the verge of enacting legislation that will give Washington bureaucrats virtual control of any and all of the financial system at their whim? Could it be that these friends of regulation, who control the lawmaking powers this year, are unwilling to admit their mistakes? Or is it that the friends of regulation see the financial crisis—whatever its cause—as a wonderful opportunity to expand regulatory controls? Or maybe it is just that once you tell a story—that Wall Street caused the financial crisis—you have to carry the story on to its conclusion, however wrong that might be. In either case, the friends of regulation control the megaphones and the levers of power. If they have their way, though, Time will surely tell whether it was a good idea for Pennsylvania Avenue to replace Wall Street as the financial center of America.

Saturday, June 5, 2010

Of Financial Reform Promises and Too-Big-to-Fail Firms

One of the many astonishing things about the Obama Administration’s financial regulatory legislation is that it promises so much and delivers so little of what it promises. In fact, in most cases it delivers the opposite of what it promises. Seemingly, the Administration knows what the American people want, so it uses promises of delivering what the people want and what the nation needs in order to enact changes that most Americans will neither want nor like.

As Senators and congressmen prepared to return to their states and districts the Administration published a list of “Top Ten Things You Should Know About Financial Reform.” Presumably this would serve as a guide to politicians giving their Memorial Day stump speeches. I heard one Democrat congressman at the Memorial Day ceremonies in Waterloo, New York. Neither the list nor the legislation found its way into his remarks. Good thing for the congressman, because the legislation as currently written fails on all ten of the “Things” that the Administration paperwork boasts that it delivers.

Let us examine Thing 1:

1) End of Too-Big-To-Fail: If a big financial firm is failing, it will have only one fate: liquidation. There will be no taxpayer funded bailout. Instead, regulators will have the ability to shut down and break apart failing financial firms in a safe, orderly way—without putting the rest of the financial system at risk, and without asking the taxpayers to pay a dime.
Part of that Administration statement is true, but only part of it, and not the most important part. The legislation would provide regulators with the ability to shut down and break apart failing financial firms. Regulators already have that authority today and have been exercising it weekly for the past two years to close down failed banks “without putting the rest of the financial system at risk, and without asking the taxpayers to pay a dime.” Failed non-bank firms have been closed down through bankruptcy proceedings—again, “without putting the rest of the financial system at risk, and without asking the taxpayers to pay a dime.”

The risk to the rest of the financial system and the demand for taxpayer bailouts have all come in the past few years as the federal government has gotten involved to prop up firms that the federal government did not want to fail. Prior to the recent financial crisis, too-big-to-fail was a theory. Treasury Secretary Paulson made it official policy and practice, which policies and practices have been officially approved and adopted by the new Administration.

The new financial regulatory legislation—even while making it easier for financial regulators to break up and unwind failing financial firms—would also give to regulators legal authority to bail them out, prop them up, and have them born again as clean firms, free of the financial encumbrances of all of their sins of the past. In very real and important ways the legislation would take the theory of too-big-to-fail, turned into official practice by the Paulson Treasury Department, and make it the law of the land.

There are several ways that the legislation would provide this service. One important tool is the new explicit ability of the FDIC (which would become the agency for handling not just failing banks but any failing firm that government leaders considered important enough for the FDIC’s care) to treat the investors in a failing firm differently. The FDIC would be explicitly authorized to protect some investors and not protect others, giving special attention to the customers of a firm and those who have lent money to the firm. Shareholders are supposed to be wiped out and the leaders of the firm fired, but the bondholders and counterparties doing business could be protected.

If this sounds familiar, this is exactly how the federal government has been treating housing giants Fannie Mae and Freddie Mac. When the government took them over in late 2008, shareholders were nearly but not entirely wiped out, leaders were let go, but all of the bondholders, counterparties, and investors in debt securities of Fannie and Freddie became 100% protected by the federal government and remain so today. Several other participants in the financial system were “put at risk,” the government’s exercise of discretion to pick winners and losers precipitating the failure of several banks that were holding preferred shares of Fannie and Freddie that the government chose not to protect. The taxpayer has not been protected either, the Treasury deciding last Christmas Eve to allow Fannie and Freddie to receive unlimited federal support, already totaling hundreds of billions of dollars.

Fannie and Freddie are government sponsored enterprises (GSEs). The government subsidy programs for these GSEs would be the new model available for any firm designated as systemically significant by the federal government under this legislation. That is to say, that under this legislation, in place of two GSEs we would have potentially dozens.

There is a price for this attention. Whether a firm wants it or not, under this new legislation, if enacted, any firm could be given the GSE treatment. Once the government considered a firm to be “systemically” important it could be told in as much detail as the government leaders considered necessary exactly how to run its business. No part of the business of the firm would be exempt from the government’s reach. The federal government would become the effective partner of that firm. And as former Congressman Dick Armey once said, when you partner with government, the government is never the junior partner.

Now, ask yourself this real-world question: as senior partner, would the government ever let any of its partner financial firms fail? If, as is the case with Fannie and Freddie, by following government mandates the firm got so deep in the red that action became unavoidable, the federal government would be able to use another powerful tool in the proposed new law: the authority to create a “bridge bank." As the government has been doing with Fannie and Freddie—and as many suspect the government will do to “fix” Fannie and Freddie—government officials could take over the operations of the firm and use this bridge bank authority to protect whichever investors they wished and make others (not leaving out the taxpayer) suffer loss. Through a legal and financial “baptism” administered by the federal high priests of finance all of the sins of the failing firm could be gathered together into one “bad bank” and all of the remaining operations of the firm could emerge as a new firm washed completely clean of bad debts and uncollectible assets. The new firm could then be offered up again—either with the same name or a new one—to investors. Of course, the federal government would likely remain as senior partner, but this would give comfort to investors who, like investors in Fannie and Freddie, were looking for a place to put their money where the government would be expected to protect those investments.

Ending too-big-to-fail? In the Administration proposal too-big-to-fail becomes the law of the land. The Administration’s number one selling point for financial legislation is a very good reason to oppose its bill.

Sunday, May 16, 2010

Of Financial Safety and Lost Liberty

Americans are about to lose more of their liberty, in a very big way. Like the oil leaking away from the deep well in the Gulf of Mexico, American financial liberty will be steadily draining off with few ideas on how to stop the leaking once it has begun.

First the housing markets panicked, then the Paulson Treasury panicked, and then the financial markets panicked. Now panic has hit Congress. Ignoring that the housing-financial crisis was set up and fomented by bad government regulatory programs, Congress is on the verge of enacting legislation that will give to government regulators authority to control any financial activity in the United States.

You may think that I am exaggerating a bit here, getting carried away by rhetoric. I wish that I were. Looking at the provisions of the legislation that the Senate is now debating and is scheduled to pass in the near future, I cannot think of a single financial transaction that government agencies would not be able to control. By control, I mean set rules as to how the transaction would be structured, to whom it could be offered, by whom it could be offered, how it could be advertised, how it would be priced, or even whether it could be offered at all.

Let us consider a simple financial service: a home equity line of credit, or HELOC. With a HELOC a customer can borrow money from the bank up to the amount of equity that the customer has in his house. The attractiveness of the HELOC is that you do not have to sell your house in order to use the equity in it to help pay for college, fund needed remodeling, or even start a small business. With the loan backed by the equity in the house, the borrower gets a far lower interest rate than he would without that collateral.

The legislation would create a new, totally independent federal bureau of consumer regulation. This new bureau—headed by a one person consumer czar endowed with power that would make an old Russian despot jealous—could determine, for example, that it would be “unfair” or “abusive” if the amount of money that a customer could borrow under a HELOC were reduced by the bank when the value of the customer’s house declined. I am not making this up. At a recent Federal Reserve meeting self-appointed consumer advocates, who would dominate the new bureau, complained that banks during the housing bust were lowering HELOC amounts for no good reason other than that home prices declined, neglecting that what makes a HELOC affordable is that it is backed by the value of the house. The value of the house goes down, so must the value of the collateral and the loan amount secured by the collateral. The law would not require, however, that the new consumer bureau be guided by common sense.

Other provisions of the proposed law would allow government agencies to break up any company in America, or make it set aside any reserves, or give up any line of business—and allow the agencies to play favorites by acting one way with one company and very differently with another—as long as the agencies claimed that their actions were appropriate to deal with systemic risks. The agencies would be the sole judges of what makes for a systemic risk. Or, to look at the authority another way, the federal financial agencies would be able to define what they consider to be “safe” financial conduct and effectively ban everything else, and steer individuals and businesses into government-identified safe financial activity.

In case the recent financial panics tempt you to think that all of this is a good idea, remember that we have tried this all before, and very recently. The example—housing—is staring us in the face. Maybe policymakers in Washington are too close to it all to notice.

In the housing fiasco, the government determined that mortgages were very safe (as demonstrated by Federal Housing Administration programs that allow homeowners to have a negative equity position on day one of their new government-guaranteed mortgages), that investing in mortgages was safe (hence the creation of government-sponsored Fannie Mae and Freddie Mac, to encourage investment in mortgage securities), that packaging mortgage securities was safe (as demonstrated by AAA ratings for packages of securities, awarded by credit rating agencies that were franchised by the Securities and Exchange Commission), and that housing assets on bank balance sheets were safe and worthy of incentives by regulatory standards that allowed banks to hold relatively little capital for their mortgage loans.

So, given how well the government identified safe financial activity in the housing markets we can expect the government officials to be equally mistaken in identifying other forms of safe financial activity. Even as I write this, government officials are working on new plans to establish rules to require banks to stock up on various types of government debt. These rules are based upon the near-sighted assumption that government debt is safe—ignoring the rising flood of Greek government debt, held back only temporarily by sandbags filled with fiat money from other European governments.

On the wall in my family room I have a framed $500 government bond. Only one coupon from it has been clipped, a semiannual payment for $15 in interest. The next coupon is payable on July 1, 1865, by the government of the Confederate States of America. That coupon and all the rest of the coupons through 1894 remain unredeemed. The proposal by Congress to exchange American financial freedom for the wisdom of government to identify safe financial activity has the crackle of Confederate money.

Saturday, May 1, 2010

Of Politics and Principles

The debate and development of public policy in the greatest republic in history has been my career. Discerning between good and bad ideas, detecting valid and erroneous arguments, is part of my daily job. The success of a republic, however, requires that all citizens have competence in judging right and wrong in the debate of public issues. All do not have to be experts in all the details of every issue for a republic to work, but they do need to be able to judge enough to know to whom they should entrust the duty to represent them and attend to the details of governance—and to know when to withdraw that trust.

With public debate becoming increasingly confusing but also, apparently, increasingly prone to slogan and devoid of substance, with emotion seeming to take up more space than information, with error and deception playing a progressively more prominent part in discourse, how do citizens whose careers are more focused on producing goods and services and the things that make an economy work figure out who is right and who is wrong? Without leaving their day jobs for politics, how do they choose the right people whose lawmaking can dramatically affect everyone else’s day jobs, as well as their hearth, home, and health?

I believe that the answer is that every citizen of the Great Republic, as Winston Churchill called the United States, needs to be familiar with and dedicated to the founding principles of the Republic. The consideration of every public issue should be based upon an appeal to this foundation. That approach may not resolve every issue, but it will ensure that we do not stray very far into error. In fact, for most of the key issues of today an appeal to the founding principles would quickly disperse the foggy talk that makes up so much of contemporary public debate.

Those founding principles are embedded in our Constitution, but they are perhaps most clearly presented in the Declaration of Independence. I present a few examples of founding principles that would serve as reliable guides in considering such issues as healthcare, financial regulation, and taxation and public spending.

The Declaration begins by invoking “the Laws of Nature and of Nature’s God.” Our concept of government rests upon the idea of truth and laws that are as immutable as God Himself. Trust that those who say that truth is relative and law is founded on whatever man or Congress or the Supreme Court want it to be are leading you far astray, regardless of how attractive a ribbon they put around their poisonous policy packages. If law is relative, then government is a mere matter of the will of whoever can sway the crowd today. There is no protection for the minority—and all will find themselves in a minority of some kind whose rights need protecting.

The Declaration, in words that hopefully all Americans still find familiar, proclaims the “self-evident” truths that, “all men are created equal, that they are endowed by their Creator with certain unalienable Rights . . .” Among those immutable truths on which our system of government was founded is the focus on the individual, that the individual has worth, has importance, has rights that cannot be taken away. These rights can be usurped by tyrants—and at the time when the Declaration was written and approved by the representatives of the new nation nearly all of mankind labored under tyrannies—but that does not eliminate these rights, it only violates them. Our nation was created to protect the rights of the individual. Reject politicians whose formulas are invoked to violate your individual rights, especially when they justify the taking of individual rights by an appeal to benefiting the group. Remember, at the head of every group is a leadership who in fact enjoys and wields the “rights” of the “group” as the spokesmen for the group. They derive their power, vampire like, from the blood of the members of the group, from individuals whose rights are violated to empower the group leadership.

In direct relationship to these individual rights, the Declaration explains, “That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed . . .” Withhold your consent from those who would seek to govern with plans that rather than protect your rights would limit your rights. Resist those whose plans assert that government should be given the decision over your daily choices. Resist those who assert that all must be “regulated” and who believe that finding that something “is not regulated” is a justification to regulate it, that is, to impose government decision-making over the power of your individual decisions. Your right to choose is the reason the government was created, to protect your individual rights, not usurp them.

On reflection, it is all too easy to find regulations and programs in our government and laws that are inconsistent with the Declaration and the founding principles of our government. The immutable rights remain, however they may be currently violated. That should alert us to the danger in which we live, but it should not be cause for despair. Rather we should be motivated, as were our nation’s founders, to reassert the principles on which our nation was founded. The tools for doing so, embedded in our Constitution, are still available to us.