Monday, September 09, 2013

More on Smart Politics


If you question the depth of the wisdom of the Founding Fathers, it may be because you have not really studied their actions. I do not claim to be a scholar, but time and again I am impressed with the way matters were handled.

When I first read the Declaration of Independence, I wondered about the term "... pursuit of happiness." Would not life and liberty guarantee the pursuit of happiness?

It seems the real issue was the protection of property. In old, English Common Law, it was recognized that man was never truly free unless he was guaranteed ownership of the fruits of his labor. The Founders wanted this to be a part of American's rights.

But, remember, slavery was very much a fact of life in the late 18th century. The Founders wanted to abolish slavery, but they knew it would have to be done in an effective, and, sadly, a patient way. It was pointed out that slaves were considered 'property' and any language protecting 'property' would be used by slaveholders to argue for slavery as a right.

So, the language was changed to "life, liberty and the pursuit of happiness." Who could argue against that? Then, in the Bill of Rights, in Amendment V, the Founders wrote "... nor shall private property be taken for public use without just compensation." They had protected private property in a quiet, almost after thought way, in the Bill of Rights.

Many state Constitutions do directly address private property. Section IV, the Inherent Rights section of the New Mexico Constitution reads: "All persons are born equally free, and have certain natural, inherent and inalienable rights, among which are the rights of enjoying and defending life and liberty, of acquiring, possessing and protecting property, and of seeking and obtaining safety and happiness."

I'm sure there are more examples of the Founders practicing 'smart politics', and if I find them, I'll pass them along!

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