The great American virtue of liberty is dying and the healers are drunk with apathy. In 1776, our founders proclaimed liberty the primary American virtue. This declaration brought with it unlimited potential and unlimited responsibility for every American. All the achievements of mankind have depended upon one essential condition: liberty, a condition in which one has the power to act without confinement, servitude, or control. It has been, and will continue to be, through liberty that the creative power of the human mind is unleashed by experimentation and entrepreneurship. Today liberty is dying. New laws, ordinances, and regulations conjured up by politicians are eroding our foundation of liberty under the illusion of good intentions. Encroachment or degradation of liberty leads to the stagnation of the people because it robs them of their ability to learn through agency and experience. If unchecked, this stagnation grows into, at minimum, dependence upon the state and at worst, slavery. Few scenarios justify this forfeiture of liberty. Scenarios requiring the encroachment of the liberty of the people demand serious thought and vigorous debate before liberty is sacrificed. There are two justifications for this sacrifice: the protection of the liberty of the people as a whole, and the protection of an individual’s liberty. In America today, our lawmakers disregard these limits; they find innumerable ways to reach into our lives and rob us of the inalienable right of liberty.
First, let’s clarify the two cases in which liberty may be appropriately infringed. Liberty of the individual may be temporarily restricted when the liberty of the people as a whole is at risk and protection from imminent threat is required. When threatened in this way, mechanisms for the rescinding of these encroachments must be put into place to ensure the liberty of the people, as the proper state, is respected and restored. A clear example of this occurred during WWII for our national defense. President Roosevelt signed the Selective Training and Services Act of 1940 which drafted citizens into our military forces, an encroachment of individual liberty. This action was justifiable because of the clear and present danger of Germany and Japan to the survival of our nation and its people. The act had important restraining provisions including the limiting of service to 12 months and the conscientious objection clause. While some may debate whether these provisions went far enough, they are an acknowledgement that even in times of national emergency all aspects of liberty may not be wholly discarded and that time limits on encroachments of liberty are proper.
