Friday, July 4, 2014

The Hobby Lobby Case and The Hierarchy of Rights

Many from the left claim the Hobby Lobby case and the striking down of buffer zones at abortion clinics were a loss for America and Woman; in reality it is a win for both. Both cases shows that there is a hierarchy of rights (aka a hierarchy of derivation). The right to an abortion is an entitlement granted by the State based on Fourteenth Amendment's concept of personal liberty. However the right to free speech (freedom of expression) trumps the right to have an unimpeded abortion. The arguments from the left on this matter is the result oft the left having their own hierarchy of rights were abortion trumps all. Generally this hierarchy is based on limiting government intrusion over impeding the actions of the people; this is the difference between laws based on individual rights vs laws based on collective rights. Most agree that the First Amendment to the Constitution sits on top the hierarchy of rights.  The idea that abortion trumps free speech or the practicing of religion would give the State a mandate to limit individual rights in the name of securing the general welfare of the collective (also termed the "greater good"). As I have written before, Resistance is Futile, You Will be Assimilated, the needs of a free state and a collective state run counter to each other. This is because the Collective State has it's own hierarchy of rights, as it determines the needs of the collective over the individual.

"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof" means government can't make a person or group violate their religious beliefs for the good of the collective and this was further affirmed by the codified Religious Freedom Restoration Act of 1993 (RFRA). This law says "Government shall not substantially burden a person’s exercise of religion even if the burden results from a rule of general applicability" ("general applicability," meaning the regulation of free speech and/or religion) creates a hierarchy of individual religious rights over the States presumption of a collective need..  Today we have a State intent on imposing it's perceived needs of the collective, but our founding fathers had a different idea.

In order to maintain individual rights, the citizen must exercise those rights and not leave it up to the government to protect the citizenry form itself. The Democratic Republic built by our forefathers is not for the timid or uneducated; one is expected to know and exercise their liberty and freedoms. This means one has the right to stand on a public sidewalk, but if someone is blocking your path, you need to tell them to get out of your way, because this is a free country.

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