The Supreme Court Has Spoken: You Have No Rights
By Robert Higgs • Monday December 21, 2009 12:36 PM PDT • 17 Comments
Do you believe that the government of the United States considers itself obliged by law to respect anyone’s rights? You are wrong. Read Chris Floyd’s article on a recent Supreme Court decision to let a lower court’s ruling stand, and weep your bitterest tears. If you count yourself among those who believe that this country stands for something better than the historical norm of tyranny and savagery, consider yourself as having made a grievous mistake.
In truth, any “constitutionally protected rights” you are now exercising exist solely at the pleasure and convenience of the rulers. The minute the continuation of your life or liberty no longer pleases them, they will, as the Court’s decision makes clear, simply declare you an unperson to be dealt with as they choose, whether they choose to torture you, confine you in a steel cage for the rest of your life, or peremptorily kill you. They recognize NO rights in anyone (except themselves, of course) that they are bound to respect.
This horror is the end to which a brave experiment has come. If the rulers can, at their pleasure, declare ANYONE THEY SELECT a legal unperson, the notion that the United States is a free country is nothing but the sickest of sick jokes.
Don’t tell me I’m hysterical because most people don’t have their doors kicked in and suffer having themselves or their relatives dragged off into legal oblivion. The USSR and Maoist China did not drag away most people, either. The government, for its own support, needs most people to continue producing goods and services. The point is the principle on which the government will act, and that principle is now plainly that the rulers will act however they wish. Those who resist may simply be “disappeared.”
Congratulations, fellow Americans. Your beloved country has now become Argentina at its worst.
Tags: Civil Liberties, Constitution, Fascism, Law, Morality, Natural Law, Personal Liberty, Politics, Presidential Power, The State, Torture 
This is because Americans insist to believe that rights are granted by the Constitution. That was never its purpose – the Constitution was supposed to grant privileges to the federal government, and it was further supposed to mean that anything not explicitly written in it was by default *forbidden* to the government.
Unfortunately, the insistence of some well intentioned people to add the amendments ruined the whole thing... now people are brainwashed into stuff like “there’s no constitutional right not to be tortured”. WTF? The right not to be aggressed against is a human right, it has nothing to do with the Constitution – we only look there to see whether the *government*, not the people, have a given privilege.
Oh well. Unfortunately, as much as I don’t like Americans, what happens over there affects the whole world, and I’m afraid it will get much worse before it gets better.
Marcel Doru Popescu | Dec 21, 2009 | Reply
The tragedy of Jose Padilla, and AMERICAN CITIZEN, that was disappeared by the Bush-Cheney regime, held without ANY rights incommunicado, in an undisclosed location for years, without any charges, confirms that we are all doomed.
Anybody, anywhere can be disappeared, and unless fellow Americans start standing up and speaking up for each other, en masse, then this will continue happening, just like the NKVD/KGB-style in the USSR.
Andy Finko | Dec 21, 2009 | Reply
“A confirmed bachelor is a gentleman that never makes the same mistake ‘once’!”
As America degrades (much like a sinking ship), do to the corrupt American political system, how many freedom/liberty-seeking individuals will remain in “denial,” placing his or her chance at nil to grip reality and leave? Most. It is fascinating to watch! The scrofulous Supreme Court, Congress, the president, the elite ... will do what is necessary to bind the chains tight. The master’s lash will cut deep; the yoke (taxes) will grow unbearably heavy. You can take that to the bank. (Actually, when the government is finished with you, you won’t have anything left to bank!)
Now you have the Obama Healthcare suppository to render freedom and liberty a fading idea as you slip into continuing submission! The lamentable American experiment rushing pell-mell to its totalitarian “puking-dog democracy” meltdown will leave the forlorn “masses of asses cowering.” Too late? I’m afraid so. See Robert, I’m even more of a pessimist/realist than most! But, I am free.
To paraphrase the somewhat inscrutable and always interesting Gore Vidal, “Americans will not get what they necessarily want, but they will surely get exactly what they deserve!” Why anyone would want to stay and live the only life they will ever have watching this Leviathan implode is well beyond this commentator’s understanding. Thanks for the article Doctor Higgs.
America is a place to be FROM.
C’est la guerre,
Capt. A.
Principaute de Monaco
GMT +1:00 CET
Capt. A. | Dec 22, 2009 | Reply
Your rights have not been “given” to you. You have them, until they are taken away, which is what is taking place here on a regular basis.
richard smith | Dec 22, 2009 | Reply
To call this unsettling is an understatement.
Speedmaster | Dec 22, 2009 | Reply
Sorry Professor. I generally find your writings to be well thought out and reasonable. However, in this case I have to in all honesty tell you that you are in fact hysterical.
Matthew McWilliams | Dec 23, 2009 | Reply
Yes, it seems, that most of us who participate in this forum agree on the problem. So, let us work on solving the problem. I see it, the problem I mean, as this gigantic wall in front of me. Left, right, both sides, as far as I can see, there is this gigantic wall. Straight up, right in front of me, the wall is so high and so over-powering, I am getting dizzy. It’s sickening. I’m sure glad that I am healthy. (I have no health insurance)
So here is this gigantic wall.
Millions of people, people just like you and me are standing next to me, all in the same awe. Millions, billions. We down here are all in awe, frustrated, angry, helpless. Down. I mean, literally and virtually DOWN. Remember the flashy book title: Audacity of Hope?
So what do we do?
What do I do?
Rather than just keep throwing mud and anger at the wall, I propose to build boxes, projects, if you prefer, one at a time. One after another, we build this boxes and begin to stack them next to each other and on top of each other, we soon will see that we actually can clime and conquer this gigantic, this ugly and most unsocial wall.
Thought it’s a most modest beginning, but entirely out of my personal frustration, and admittedly, some anger, I sat down, dug deep and created my first “box.” I called it: KING MAX OF AMERICA. It was an exciting time to create the project, a book. A self-published book at that. (I never would go that route again)
So here this block of mine is out there, in fact right under our noses. I have seen an alarming number of so called progressives snuff at it. But, I really had no clue what to expect. But learning things, many things, I did. And, somehow, I must smile, only to myself, of course, that I can say with a good and glowing feeling when I said in those pages: “Do you realy want these vultures to circle our building one more time?
Or let me ask you this: What do you think? Has America’s Ugly Beast reach rock bottom, or is it even falling deeper since Obama has become what he calls himself “commaner in chief?”
Future ahoy.
Franz Grueter
Franz Grueter | Dec 29, 2009 | Reply
“commander in chief”
Franz Grueter | Dec 29, 2009 | Reply
I too hold these truths to be self-evident, that ALL men are created equal!! ALL men (not some, or those declared to be men by some government) are endowed by their creator with certain UNAILENABLE rights. Thus ALL men are born with rights, and will die with those rights. They cannot have them taken away, they can not give them away, they have them at the time of their birth, and will have them at the time of their death. THUS, this ruling does not take those rights away, it merely violates those rights. Which puts in an awkward position, unless we be anarchists, we are obligated to stand up for the rights of our fellow men.
The only thing necessary for evil to prevail is for good men to do nothing – Edmund Burke
Is it then time for us to feed the roots of Jefferson’s tree of liberty? I hope dear fellows that it has not come to this, as long as we have the ballot box our duty is clear. If you love humanity, run for office and stand up for the rights of man... the Libertarian Party is looking for a few (rather many) good men. At a minimum, NEVER vote for candidates from the ruling classs again, so long as there are liberty-minded (libertarian) candidates on the ballot.
joe4liberty | Dec 29, 2009 | Reply
Joe4!
If I wish to contribute to “your box” by asking the question: What kind of a person do you see the Libertarian candidate should be? Would he, or she, have any work experience, for instance?
Would that contribute to your cause, or take away from it, if I would propose to attach NO politcal label at all, simply call that person: Person X? I can imagine that some one might look at this like “being postioned outside the conventional system?” (Which we all agree by now is very badly cancer-ridden.)
Joe4, if you are looking for ideas, and possible “structural support,” I happily refer you to my block, my brick, my path, my contribution to a most libertarian cause.
Future ahoy,
Franz
(Forgive me if I made a grammatical error)
Franz Grueter | Dec 29, 2009 | Reply
What a guy, Marcel Doru Popescu!
Would you please repeat what you just said and subsitute the complicated, mumble jumble words with clear and concise words, verbs preferably.
A verb is usually a word that makes you do things, not just hauck ... gawk? ...oh, heck you know what I mean.
I’m afraid it will get much worse before it gets better.
Would you be a bit more specific on this, and, what are YOUR SOLUTIONS to the problem?
Many of us “concerned US citizens” are always interested in listening to solid and sound ideas.
Future ahoy,
Franz Grueter
Franz Grueter | Dec 29, 2009 | Reply
Mr. Matthew McWilliams:
Hysterical?
I try to follow your train of thought!
Looking at my dictionary, I only find one explanation that I can think of might get close to what I think you are saying: “unmanagble fear or emotional excess.”
Not knowing what your center of gravity might be, and where your sense, and I guess instinct, is on the world around us right at this moment, I only hope that “your hysterical” might mean something positive for you. Robert Higgs’ article (train of thought and rationales) appears quite positive to me.
Future ahoy,
Franz Grueter
Franz Grueter | Dec 29, 2009 | Reply
Any government that practices “extraordinary rendition” (no matter the reason) does not believe in a free society. Our Constitution, along with our Republic, is long gone...or, at the very least, ignored at will. Your article, Dr. Higgs, pretty much confirms that (in my mind).
Peaceful solutions to this abhorrent problem do exist, but I fear not likely ever will be implemented. Why? We, as a People, appear to be too ignorant, or downtrodden, or distracted (or any combination of those) to do anything about it. Someday perhaps that will change.
In the meantime, those who continue to believe in Zero Aggression and genuine Freedom must continue to point out the Totalitarian ways of our subverted, outlaw Fed Government.
Scott Haley | Dec 29, 2009 | Reply
Dear Mr. Haley,
Obviously, since you bring up the term “extraordinary rendition,” you know your stuff and what is goind on in our government. Always curious, I ask you to share with all of us what you think some of those solutions could be you refered to above? I am particularly interesteded in your peaceful solutions.
And you also point out to us “I fear not likely ever will be implemented.” That does not sound optimistic at all, contrary. Why do you fear that? What does hold it back? Could you be the driving force that could make it all happen? What are your fears? Is there hope?
Also, I wish to find out if you would put yourself into the “We, as a People” group in your wonderful and certainly true quote: “We, as a People, appear to be too ignorant, or downtrodden, or distracted (or any combination of those) to do anything about it.”
And last but not least, “in the meantime,” as you also pointed out, I keep musing what possibly “those who continue to believe in Zero Aggression and genuine Freedom must continue to point out the Totalitarian ways of our subverted, outlaw Fed Government.” have up their sleeves to contribute to our problem-solving process? What is your take on that?
Future ahoy,
Franz Grueter
Franz Grueter | Dec 29, 2009 | Reply
Unfortunately, liberties are preserved only by force, the same means by which they are taken away.
The states gave up their power to raise and support armies and to establish navies in 1789. The federal government maintains a monopoly of serious force. State troop(er)s are no significant force. Neither are sheriffs or police. No significant military equipment or discipline there. And (see 2d paragraph below).
The states neglected to keep up their state militias. The National Guard (and the Air NG and Naval Reserve) is at all times an integral part of the armed forces of the United State(“s”), so no help there.
State and local officials live in fear of the IRS, so no help there either.
Communications, including this marvelous Internet, are under control of the federal government. All the argument over monitoring communications bears on whether information is usable in criminal prosecutions, not whether the monitoring can be done – it already is.
Al | Dec 30, 2009 | Reply
i understand your Bill O’Reillyesque terminology completely Marcel Doru Popescu. Our American free educational system is another brick in the wall of our faltering country. As long as there continues to be a lack of term limits, there will be no change in the power structure in this the once great America. To be truly educated one must seek out information and not read the major media drivel or the revisionist history books mandated by the NEA.
Dennis | Jan 11, 2010 | Reply