Barriers to Tyranny
by Joseph Rowlands
When the Constitution of the United States was first written, there was no Bill of Rights. This was added, as a series of amendments, afterwards. There was a long debate on the issue. Some people believed that the Constitution only had enumerated powers anyway, so there was no need to add a Bill of Rights. In fact, it might confuse people by making it seem the power of the government was unlimited except in these areas. To satisfy this position, the 9th and 10th amendment spelled out clearly that the government was limited.
In the end, government has slowly crept towards tyranny. More and more of the government functions go beyond the enumerated powers, and encroach on our lives. They tell us how to have sex. They tell us how much water we can flush a toilet with. They make us pay for things that we don’t want. But the government has not grown unchecked. There are at least a few areas where the government hasn’t been able to completely take over. These include freedom of speech, freedom of the press, freedom of religion, etc.
How is it that the document has been routinely ignored? What’s the nature of this protection? And are there similar methods we can use?
The Bill of Rights is as successful as it is because it lays down certain rules the government must follow. These are rules that if they try to break, we can clearly call them on it. Our freedom is not protected by the piece of paper but the rules that it conveys clearly. By giving the people a position to rally behind, it strengthens their will to oppose the government. The Bill of Rights acts as a line drawn in the sand, where if they dare cross it, we all know it’s time to stand up to them.
Liberty is defended by these lines in the sand. Most people familiar with politics understand that special interests often win because the general public does not effectively oppose them. It’s all a matter of organization. A steel company, or even a few, can quickly decide to lobby for tariffs, and pay for the cost of the lobbying and organization with the loot. The general public has a harder time organizing opposition, and it doesn’t make much economic sense for any one person to devote a lot of time and energy into making it happen.
The Bill of Rights acts as an automatic organizer. By making these lines in the sand universally known, each person knows when the government has gone too far. Any government that blatantly steps across the line will lose support. If it steps too far, it may face a revolt.
What else limits the government like the Bill of Rights? Well, to some extent the Constitution does. The President is limited in his ability to usurp the powers vested in the other branches of the government. The elections are guided by clear rules of who wins and loses, which, if this weren’t the case, any acting government would be able to make its position permanent.
What other rules are there? Equality before the law is one. This was first developed to make sure the rulers were governed by their own rules. Under a democracy, it helps to prevent collectivist policies by treating every individual the same. And it prevents the government from doing a "divide and conquer" approach to enslavement. Equality before the law helps prevent this: "First they came for the Jews…"
The list goes on. Trial by jury ensures that a jury of peers, and not merely a government agency, is necessary for imprisonment. Separation of Powers ensures that federal power is distributed where it’s safer. Checks and balances allow one branch of government to rein in another. Federalism also tries to distribute power, as well as keeping it as local as possible where it can be controlled. Due process requires the government to have a consistent method in its application of power. And the list goes on. Rule of Law, democratic elections, "No taxation without representation," the non-initiation-of-force principle, etc., etc.
Each of these rules or principles helps defend us against tyranny. They put the government in a position of knowing that if they cross these lines, there will be objections. They inform the public that we cannot allow the slightest compromise of these principles, or they will be lost to us completely. These are the barriers to tyranny, and the foundations of freedom.
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