A Right is a Sanction of Independent Action.
A Sanction is authoritative permission.
That’s why thier source determines thier nature!
Are they from God? Are they Intrinsic? Am I hard-wired with them? Are they “born” in the Battlefield? Or are they gifts from the state?
If they come from God as the Declaration of Independence asserts, they are non-negotiable (unalienable).
If they are gifts from government, as the UN claims in thierInternational Covenant on Economic, Cultural, & Social Rights Article 4, then all they have do to to violate them is to write a new “law.”
Negative Rights have stood the test of time. Thou Shall Not Kill or Steal protects your life and property from others. So is “The government Shall make no law, violate, abridge, infringe, deny, disparage ect…
The change towards Positive Rights came subtlely because most people generally do not understand the difference between the right to HAVE something and the right to SEEK Something. Education, Health Care, and Marriage are things we have the right to seek in the pursuit of happiness, they are Goods and Services, NOT Rights. When goods and services of others become rights, then they are cumpulsory, and the providers have essentially become slaves because they have no right to refuse. Equivilant to saying “I have the right to have others work my cotton fields without compensation.” That is Slavery. Then the jounrney from a Defensive Shield of Rights to an Aggressive Sword of Rights is complete.
Rights and Privileges
Rights are directly linked to life and property. The Fourth Amendment to the US Constitution agrees: “The Right of the People to be secure in thier persons, papers, houses, and effects shall not be violated.” Another way to put is: “I have the right to walk on my property whenever I want. I do not have the right to walk on your property, that is a privilege that you extend to me that can be revoked at anytime.”
Rights and Powers
Rights belong to Individuals, Powers belong to Groups. The language of the Constitution supports this when it talks about the Powers of the Legislative, Executive, and Judicial branches of government. The Tenth Amendment talks about, “Those Powers not delegated to the United States by this Constitution…” A group of people may be able to physically overpower an individual and violate the rights of a single person, that does not make it right. This does not prevent individuals from also possesing power; if your Kung-Fu is good enough or you carry a weapon skillfully, you may be able to prevail against seemingly insurmountable odds and nuetralize the situation by exercising your right to self defense.
In reality, gay rights, black rights, women’s rights are actually excercises in power. Rights belong to and are practiced and enjoyed by individuals. Any special favors given to members of certain groups that exclude others are actually privileges extended by government at taxpayer expense, thus redistributing other people’s money by force to give advantage to a select few. The danger of the concept of groups of people having special rights or enjoying favor with any government is the danger to other groups who fall out of favor. What does it mean for them?
In 1785, James Madison wrote an essay challenging a propsed law in his native Virginia called “Religious Assessments” that addressed the very issue of what it means to prefer a religion and the impact to those members of other religions who fall out of state favor:
“The free men of America did not wait till usurped power had strengthened itself by exercise, and entangled the question in precedents. They saw all the consequences in the principle, and they avoided the consequences by denying the principle.”
What about States Rights?
When used in the context of the Tenth Amendment against to machinations of the federal government or in the supremacy of cities and counties therin, the term States Rights is generally accepted by most because those speaking of it understand the concept. Yet, if we agree that Rights are for Indivisuals and Power is for Groups, then the more correct term is State Soveriegnty. According to the Constitution, States can assert thier power in both directions, within and without.
Taking a license
When Patrick Henry was walking the Streets of Culpeper Virginia, he came across an minister who was whipped for three days until he eventually died. What crime did he commit? He did not take a license! This incident is what sparked Patrick Henry to make his very famous “Give me Liberty of Give Me Death” speech which became a rallying cry for the American Revolution.
A license is an arbitray means for any government or private organization to transform a right into a privilege while making money in the process, thus taking way your rights and selling them back to you; all in the name of safety of course.
While most reasonable people agree that there should be basic minimum standards to protect the public from fraudsters and unskilled practitioners from physically endangering the public, so they usually tolerate licenses and see them as a good thing. The general public is unaware that States may issue licences according to thier own laws and usually specify that they apply only to those people and companies engaged in commercial enterprise and utilizing public resources for private gain. That is why the definition of Transportation according to law deals with the shipment of people and products for a profit. If taxis, buses, and limozines are transporting people on public roads, then the speed limit and licenses apply to them. If there are trucks with massive loads, perishable food, or dangerous chemicals on the highway, then they are engaged in Transportation and the states may regulate them in the interest of public safety.
Unbeknownst to most people in the United States is that the terms Operator, Driver, and Vehicle, apply to Transportation for commercial enterprise and not towards private individuals who are Traveling in thier personal Auto who are not engaged in making money on the highway. The Supreme Court agrees that a person does not need a license to travel on the public roads.
There are ways to challenge a Traffic Ticket or Citation in court if you are traveling in your personal auto on public roads for infractions that apply only to Transportation or for engaging in these things for nonprofit; however, we must all pick and choose our battles.
For those who choose to better understand engage the system in Traffic Courts:
Flexing Your Rights
When encountering local Police, county Deputy Sheriffs, or State Troopers on the highway, it is advisable not to air out your grievances with them on the streets where they are king. That being said, we should always flex our rights, particularly when it comes to private information and personal, vehicle, or home searches. It is important that you tell them that, “I do not conscent to searches,” They may violate your rights anyway; however, if you are arrested, issued a citation, or have property confescated, you can challenge them in court if you have asserted your rights. Always act respectful and courteous to the police when asserting your rights, this is ultimately profitable for both sides, even if it does not go well for you at the scene.