Monday, November 19, 2012

Usurpation



Usurpation
Charlie Earl

According to Webster usurpation is the act of taking power by force. The definition explicitly assumes that one party gains power by wresting it from another unwilling participant. Additionally….usurpation is not legitimate, it is seizure by force. Typically “usurpation” is associated with revolution, coups and other types of activity that replaces a legitimate government with one of questionable authenticity. There is a more ominous aspect of usurpation that involves the inhibition or denial of inherent rights….either by one individual such as a kidnapper, by a group that tramples the rights of neighbors or uninvolved observers, or by a government that denies or limits individuals’ rights for self determination.

Inherent rights cannot be morally or legitimately seized or surrendered. George Mason, author of the Virginia declaration of Rights in 1776…predating the Declaration of Independence, wrote:
          That all men are by nature equally free and independent,
 and have certain inherent rights, of which, when they enter
into a state of society, they cannot, by any compact, deprive
or divest their posterity; namely, the enjoyment of life and liberty,
with the means of acquiring and possessing property, and pursuing and obtaining happiness and safety.
As individuals, Mason recognized, we have inherent, inborn rights simply because of our sentient capacities. We cannot nor should we attempt to abdicate those rights when we become a member of a society…. of any size or composition. Those rights are personal and permanent. Obviously there times and instances when we voluntarily suspend our exercise of them or insistence on our inherent inheritance. Subordinating one’s individual interests for the temporary needs of a family, community or nation is a frequent occurrence, but it should never be implied or assumed that the voluntary forfeiture is irrevocable. Our rights are inherent and, as such, are not transferable or deniable.

So…when our inherent rights are violated or suppressed by others or by government, what remedies are available to us? What are the means for overcoming the usurpers? In the early pages of his great work The Law, Frederic Bastiat notes:
         
Nature, or rather God, has bestowed upon every one of us
          the right to defend his person, his liberty, and his property,
          since these are the three constituent or preserving elements
          of life; elements, each of which is rendered complete by the
          others, and that cannot be understood without them. (1850)

The key aspect of Bastiast’s insightful work is “defense.” Usurpation is aggressive violence and must be repelled for the sake of individual liberty. Freedom and liberty must be defended from aggressors… whether persons or institutions. It is a just and moral position for anyone to defend liberty and the accompanying inherent rights. It is a just and moral obligation because if one fails to protect one’s own freedom, by extension one jeopardizes the liberty of everyone.

The great tragedy of these times (and perhaps of all times) is that our inherent rights, while under assault from all quarters, are firmly and resolutely embedded in our law (redundantly). They are, however, routinely and cavalierly abused and usurped by our “law makers.” In doing so … they violate us, our God and their own humanity. Pompous pronouncements that proclaim the necessity for restraining the rights of some to give advantage for others are in the final analysis both inhuman and inhumane.

Charlie Earl

         

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