CONSTITUTIONAL CONVERSATIONS
Explaining Patrick Henry
by
M. E. Boyd, Esq., “Miss Constitution”
Revolutionary War orator and twice Governor of Virginia, Patrick Henry is remembered for his stirring comment “Give me Liberty or Give me Death.”
Seventy-five (75) years ago, May 8, 1945, Allied forces secured victory in Europe over a formidable foe. Americans were as one in the magnificent effort it took to defeat the twisted Nazi ideology. Sixteen million called to arms with only about 400,000 still alive to honor in person. America tried to build world peace out of the ashes but the fault lines in humanity emerged to snatch away the laurels of good intentions. The victory was short-lived.
Two-hundred and thirty-three (233) years ago, September 17, 1787, Americans thought they had defeated another formidable foe, monarchic tyranny, and out of the ashes of a difficult revolution ushered in a new political philosophy centered around individual rights. A New Order for the Ages, Novus Ordo Seclorum, was born. This victory has lasted. To understand this amazing two-prong system, you might want to envision one prong as a teeter-totter. On one end of the plank is government power, on the other Constitutionally protected individual rights, opposing each other but not necessarily always in a death struggle. The more even the weight the better for each, as a kind of balance allows a stress-free experience, and a recognition on both ends of the importance of the other. This ideal balance, of course, never happens, as the weight is never absolutely equal, making the whole relationship open-ended, fluid, complex, and evolving. That is how the Founders wanted it. The tension must always be maintained. The Supreme Court weighs in often.
The distinction to note, however, and one reason why our system was considered a “new order” is the second prong, an individual right not part of this teeter-totter balancing system — personal Liberty. This individual right exists separately as a birth-right tied to our very existence. It is not granted by our national Constitution it is a gift of the Creator. We call this right Unalienable because it cannot be foresworn (or alienated) by the holder. Individual Liberty is not a matter of the grace of the state it is ours by our very existence. This concept was so revolutionary relative to the development of statecraft at that time that it literally took everyone’s breath away. We fought for it in WWII and many citizens are fighting for it now. It stands outside our other Constitutionally guaranteed individual rights. The Supreme Court has no jurisdiction over it; it is protected by the citizens themselves and the personal honor of our elected and appointed public servants.
This notion of the unalienable right of Liberty is what is not understood by many state, local, and even national leaders. Orders whose effect is bankruptcy and starvation do not supersede the Liberty of individual citizens to take care of themselves and their families. That is why we are seeing a movement all across the nation to deliver this message to public office holders who do not understand fully the system they took an oath to uphold. It is perfectly acceptable for government actors to warn of grave danger; to take steps to protect certain segments of the population; to suggest ways to mitigate damage from an event or a disease; to stockpile and distribute relief; to test and provide amplified incentives for cure; to do any number of things in the public interest and, in particular, to ask the public to voluntarily comply with guidelines and other safety measures. Government actors can even order a loss of liberty, “shelter in place”, for a short period of time. What they cannot do is order an extended loss of a right given to us by our Creator. If you recall the fear during WWII that the Japanese might invade the west coast, the President of the United States took the unprecedented step of rounding up many Japanese citizens and interning them in camps. This order, removing personal Liberty from citizens of Japanese descent, was seen as justiciable in the Supreme Court and the Court ruled the order valid. Miss Constitution thinks that the Supreme Court might have ruled that it lacked authority to deny these Americans their God-given right.
At this very moment in time we have been given a rare opportunity to see this concept in real life terms not just in a textbook. The owner of a salon was cited and arrested relative to an order that her business was not deemed “essential” in the current pandemic and that she must remain closed. The closure kept being extended until her own survival and the survival of her children and her stylist’s children was deemed by her to be critical. She opened her business in violation of the closure order but implemented all recommended guidelines for safety. She was cited for contempt. In addressing the state court prior to sentencing this American citizen calmly and respectfully let government power know that persona Liberty was her right and that it was her duty to care for her family through income from her business.
This woman is Patrick Henry. This woman is the personification of the New Order for the Ages that the American Revolution ushered in and that still stands after all these years as a beacon for all people everywhere. That our most important right stands outside the vagaries of human nature and its tendencies toward corruption should have the effect of producing some humility in those we have elected and appointed to protect it. We have been given a rare opportunity to see who understands and who does not; who would destroy personal Liberty and who would not; and who is worthy to serve this woman as government actors and all like her in our nation. Miss Constitution would also remind all who see and read this of the importance of teaching the whole complicated governance structure to each generation of Americans so that it may be secured for another two-hundred and thirty-three years, at least. Miss Constitution would begin that education with the Declaration of Independence.
Copyright©2020 by M. E. Boyd, Esq., “Miss Constitution”
APPLES OF GOLD – Voices from the past Speaking to us Now by M.E. Boyd is available at www.amazon.com
