Absolutes? I’m skeptical of them, if not downright hostile. Sometimes an absolute is a good guide. After all, as a general matter of principle, it is not a good idea to go around taking other people’s things or shooting people. Or imprisoning them. But… as I’ve noted on more than a few occasions, human beings have this desire for things to be black or white, absolutely good or absolutely evil. We don’t live in a black and white world. We live in a world filled with all shades of color and, for that matter, innumerable shades of gray, and we – and our societies – have to live in that world and, if we want even a modicum of civility and civilization, we have to create customs and governments that recognize that those shades and colors exist.
The other day I got a posting on the blog insisting that the right to bear arms was a constitutional right and that my proposals to license and regulate firearms would negate that right because a constitutional right could not be restricted or taxed and still remain a “right.” After I put my jaw back in place, I thought about the naiveté; the lack of understanding of what society is; the lack of knowledge about what the Constitution is and what it established, and what it did not; and the total self-centeredness represented by that comment… and the fact that all too many Americans share those views about “rights.”
First, we need to start with the Constitution itself, and the first ten amendments, popularly known as the Bill of Rights. The First Amendment states that the Congress shall make no law “abridging the freedom of speech.” But more than a score of U.S. Supreme Court decisions have established that the freedom of speech is not absolute, especially where that freedom harms others or has the clear potential to do so.
The Fourth Amendment prohibits “unreasonable” search and seizure and states that a search warrant cannot be issued without “probable cause,” but again, a number of Supreme Court cases have made clear that there are exceptions to those requirements, i.e., that the Fourth Amendment is not an “absolute right.”
The same is true of the Second Amendment. One of the earliest Supreme Court decisions involving the Second Amendment was issued in 1875 and stated that the Constitution does not establish the right to keep and bear arms, but affirms an existing right. A number of other Supreme Court decisions followed establishing the fact that the federal and state governments can establish reasonable limits on that right, and in 2008 the Heller decision stated “the right is not unlimited. It is not a right to keep and carry any weapon whatsoever in any manner whatsoever and for whatever purpose…”
Those who object to the Supreme Court decisions in such cases often complain that the Court is perverting or destroying the Constitution. Yet the Constitution plainly states that “The judicial Power of the United States shall be vested in one supreme Court…” and that “The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made…” In short, like it or not, in cases of dispute about what is or is not Constitutional, the Supreme Court decides.
Now… people can complain about such decisions, and they can try to change the laws or try to keep new laws on such subjects from being enacted, but what they cannot claim – not accurately, anyway – is that such restrictions are “unconstitutional.” Some will then reiterate the idea that any tax or restriction negates a “right.”
What they seem to ignore or forget is that the entire concept of an unfettered “absolute” right is contrary to the entire idea of what we call civilization. Of course, the fact that so many people want to assert their individual and “absolute” rights in so many areas suggests that civilization may itself be endangered. Take the idea of absolute property rights. We do not allow individuals totally unfettered rights to property. A business or individual cannot dump whatever trash and toxic chemicals he wants into the river or stream that flows through his property. As a society, we recognize, at least in theory, that many individual actions can adversely affect or kill others, and we attempt to restrict such actions because it is all too clear that there are too many individuals who will not restrict their actions for one reason or another. Now… one can complain that there aren’t enough restrictions or that there are too many or those that exist are too onerous, but the fact that some restrictions are necessary for any society to survive has been proven, as the founding fathers put it, “self-evident.”
In the end, anyone who declares that he or she has any “absolute” right is merely declaring that their “rights” transcend the rights of others. “Your right” to free speech through four hundred decibel speakers denies your neighbors right to a decent night’s sleep. Your right to dispose of your wastes any way you want fouls the stream and denies those downstream equal rights to clean water. Your right to smoke in close quarters endangers someone else’s health.
Anyone who claims an inviolable absolute right either doesn’t understand the requirements of a civilized society… or puts what they think are their “inviolable rights” above everyone else’s inviolable rights. Either way, it’s dangerous for the rest of us, not to mention being a form of narcissistic denial of reality.