Liberal Activism and One-Way Rights (Part III)

Consider how the government has taken control of radio and television broadcast frequencies. The Federal Communication Commission (FCC) controls communication outlets that could have been controlled by the private sector similar to how we deal with private property. FCC regulations are one-way rights and compel owners of communication stations as to what and how to transport information over their airways. There are generally two sides to any communication of information but when the government becomes involved it becomes one way. Just as the FCC has stymied free speech over our airwaves, bullying will further diminish our free speech rights. In another example consider how governments attempts to coerce property owners. Two important cases illustrate this point: Nolan v. California Coastal Commission (1987) and Dolan v. City of Tigard (1994). In Nolan, the Coastal Commission expected the Nolan family to provide an easement of property in return for a building permit. The high court saw this as mere extortion since the Coastal Commission offered absolutely no reason for the easement. In Dolan the city of Tigard wanted an easement to stop any water runoff created by a new parking lot before issuing a building permit for Dolan’s plumbing business. In addition, the city of Tigard expected a piece of land to build a bike path because of more complicated traffic patterns before issuing a building permit. Once again, the Court conservative sect laughed at these Tigard city requests because they made no sense. For instance, if Dolan could construct the parking lot to capture water run off then why did the city need an easement? Government intervention over property rights and the use of permits are only a way for cities to recoup more revenues and public lands. What do property owners receive in return from government intervention: lost property and more fees that provide absolutely no reciprocal service to property owners. Liberals would do anything to limit any building on private property at the expense of the environment. Thus, the relationship between government and private property owners is grotesquely skewed towards the government. This is further evident is other cases such as in United States v. Chandler-Dunbar Water Power Company (1913) and United States v. Willow River Power Company (1945). In these cases, the Court denied just compensation to power companies for building dams that shifted water levels and put the power companies out of business. Federal control over waterways is absolute (Phillips Petrol v. Mississippi, 1988), but public interest is far from absolute over waterways. The federal government can reroute waterways (South Carolina v. Georgia, 1876) and can even block a navigable waterway (United States v. Commodore Park, 1945) and somehow violate the takings clause of the Fifth Amendment by taking private property without just compensation. The Court did hold in Kaiser Aetna v. United States (1979) that taking a private pond after the owner created a passage to navigable waters could not be justified without just compensation. However, this is a rare case, in most cases over navigable waters the government can take without compensation. Anyone can understand the implications if the Court did not allow any just compensation to businesses if the government blocked access to businesses on our roadways? The primary purpose of government is to protect rights, not to prohibit or exclude rights.

In the course of United States history: United States citizens have to take a back seat to non-citizens. The unborn take a back seat to pregnant women. Military servicemen have less rights than military combatants. Criminals have more rights than law abiding citizens (especially victims of crimes). The only place where potential victims have more rights is for sexual violence on college campuses where men are guilty until proven innocent. But this college campus example fits the liberal activism narrative to provide one-way rights and preferential treatment to a victimized group of women. But that system breaks down as soon as women lie about the crime. United States citizens even have less rights than the environment: The government routinely refuses people the right from building on their privately-owned property because it may upset nature. The government uses regulation so they can avoid paying people a just compensation to buy the now worthless property from the owners (Takings clause of the Fifth Amendment). After all, who will purchase a piece of property if they cannot use it for anything than what it is? Even welfare recipients are protected from the government, as if the entitlement is not enough! The 1970 case Goldberg v. Kelly held any welfare recipient must be given a hearing before their welfare privileges are removed. This outcome keeps welfare flowing to people who are abusing it at the expense of someone who truly needs the assistance. The 21st century is all about providing preferential treatment to the “victim”. For example, social security is seen as a means to protect the welfare of the elderly for retirement. However, social security takes money from young persons struggling financially and gives it to elder more financially secure persons. This makes sense, right? How is this not a form of discrimination?

Prior to the 20th century government action produced benefits equal to or greater than the burdens of that action by protecting both sides of the contracts (employer / employee, manufacturer / customer, doctors / patients, charities / customers and so forth). In the 21st century the philosophy is “from each according to their ability to each according to their needs” because the government only protects one side of the equation. Consider the Masterpiece Cake Shop case the Court is hearing this term. In that case the laws protect the customers over the owners of small businesses. The owner of the cake shop was found guilty of discriminating against a gay couple for refusing to make a wedding cake because it violated his religious rights. So why should a baker have to violate his religious rights and why aren’t these rights protected just as fiercely as those of a customer (After all, religious freedom is outlined in the Second Amendment)? Also consider how taxes were interpreted by Justice Harlan Stone in Carmichael v. Southern Coal and Coke Company (1937). In Stone’s view taxes are the benefit and privilege of those living in an organized society even if the action creates more burdens than benefits on persons affected by the government tax. In other words, violating individual rights is a privilege to be exercised at the discretion of the government.