From: Jonathan Kirwan
Subject: Re: Breathalyzer Ignition Interlocks - Big Brother at his best!
References: <3E16A0FA.F0D9DFBE@sympatico.ca> <5jwR9.94251$hK4.firstname.lastname@example.org>
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NNTP-Posting-Date: Sun, 05 Jan 2003 00:34:54 GMT
Organization: AT&T Broadband
Date: Sun, 05 Jan 2003 00:34:54 GMT
On Sun, 05 Jan 2003 12:34:16 +1300, Barry Lennox
>On Sat, 04 Jan 2003 07:46:09 GMT, "Michael Painter"
>>You drive with the consent of the government and
>>it is not a right.
>But any government governs with our consent and co-operation. Didn't
>one of the US founding fathers make that quite plain? Jefferson was
The radical idea then being debated (documented in letters to
the New York Journal, the Federalist Papers, personal letters,
the Virgina legislature debates in 1787, and so on), in the US
was that rights emanate from the individual, not from government
or society, and that government operates by the consent of
individuals who grant those rights they deem necessary and which
persist only for so long as they choose to continue granting
Hamilton argued fiercely at the time against the Bill of Rights,
claiming further that if *any* specific guarantees about rights
were written down, that instead of being a useful protection
against the more frightening forms of state power and coersion,
it would instead eventually be seen as the *ONLY* rights anyone
had for sure and thus become the prison bars which would be our
jail. That government would claim for itself everything else or
else there would need to be great fights to keep it at bay.
More, that we'd even need to fight for the very definition of
the few specifally enumerated there.
It's like coming to a new, vacant land and staking out your
homestead. You build a nice little fence around it and put in a
garden there. Someone new arrives and sees your fence and
naturally assumes that what isn't fenced, must be available to
them or anyone else. Of course, you might think otherwise. But
the fence has become the only obvious line of demarcation. So
the assumptions others make may operate to make you seriously
regret having put up a fence at all. You might have been better
off simply not having one.
The 9th Amendment is the bone tossed to Hamilton's arguments --
it's the "Hamilton Amendment," so to speak. A too little used
Amendment, I think.