The Dudeocrat Party / Re: King v. Burwell or, if you Prefer, Just Rewrite the Law if You Don't Like It« Last post by jgiffin on July 01, 2015, 11:33:56 PM »
It's possible to view the decision as recognizing the libertarian concept of negative rights. I'm not sure I agree with that interpretation - primarily because every-fucking-thing else this Court does is 100% about empowering big government and political parties. The decision, instead, seems to stem from a positive right granted to a minority interest more than a restriction upon government. But I need to read it first. I'm just going by the reporting. And the reporting is, if recent history is any indication, misleading and fraudulent.Interesting, that's fucking interesting, man. I admit, I'm very pro LGBT, so this could be clouding my judgment with bias. Are there any articles or books you might suggest for me to read about the concept of negative rights?
Sure, dude. Let me hit you with some sources before I take a swing at demonstrating how negative rights and libertarian philosophies arrive at the position you naturally endorse. Unfortunately, it's not light reading - I'm not aware of any book that winnows it down that narrowly or that neatly. It may help to acknowledge that, in many cases, negative rights are the same thing as natural rights or classically liberal rights.
1. Locke, John. Two Treatises of Government.
2. Mason, George. Virginia Declaration of Rights.
3. Paine, Thomas. Rights of Man.
I'm currently reading The Libertarian Mind: A Manifesto for Freedom by David Boaz. So far, it's proven a nice little compendium for libertarian and negative rights oriented positions. I'm sure there is other stuff out there, I'm just not thinking about them.
Now, I hear you on the pro-LGBT thing. But libertarian philosophy is perfectly in accord with these, and other, rights. At essence, a negative right is the right to be left alone. Amendments preceding the New Deal era were essentially negative in nature; that is, they restricted governmental interference with private action. After the New Deal, well, yeah, shit hit the fan. They actually IMPINGED on the natural rights of some people by requiring them to subsidize the artificial "rights" of other people. I think we're seeing a third-wave evolution of that process now. It's all about identity politics, special interests, and voting blocks. The extent of your rights is equal to the amount of political pressure you can bring to bear.
Heretofore, the concept of negative rights has been the best practical limitation on governmental power. Taking things back, to my mind it originated (or at least took modern form) with Magna Carta in 1215. That was an early (western) example of a ruling class (in that case, the king) conceding limitations to power. Now, it was incredibly more complicated than that (King John didn't voluntarily endorse it, the most critical protections were extended only to nobility and clergy, and it was subsequently modified, etc.) but still a very fine start. To make things more complicated, things we now consider "conservative" or "libertarian" are really more akin to what was previously called "classical liberalism." The left (now calling themselves "liberals") has relentlessly misappropriated language for its own purposes.
Sadly, albeit predictably, the modern ruling class (and especially the progressive movement) are not satisfied with the chains fastened by the Constitution. You hear it, particularly through mouthpieces like Obama and Warren, trying to shift voluntary responsibilities and moral obligations into affirmative "Constitutional" rights simply by saying they are.