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Monday, June 16, 2008
David Strom :: Townhall.com Columnist
Miniature Golf is the New Constitutional Right
by David Strom
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The Bush Administration has discovered what liberals have known all along: the Constitution is a mighty comprehensive document, giving the federal government powers over the minutest aspects of our lives.

Case in point: apparently Bush & Co. have discovered that there is a right to miniature golf defined in the U.S. Constitution.

That’s the upshot of a new set of rules updating the Americans with Disabilities Act being released for public comment this Tuesday. Other new rights include easier access to light switches in hotel rooms by moving them 6 inches lower, wheelchair lifts in courtrooms to provide easier access to the witness box, and wheelchair lifts to provide easier access to stages in auditoriums. And the miniature golf courses? Soon at least half the holes will have to be easily wheelchair accessible.

It is, of course, utterly ridiculous that such things are matters of federal regulation. Unfortunately, it is not innocuous.

Not too long ago most Americans believed in at least the concept of limited government; more recently at least conservatives and most Republicans did. But now it seems that only a few libertarians still feel bound to even consider the possibility of limits to federal powers before proposing the imposition of ever more burdensome rules from Washington.

It may seem strange at first to see great danger in the latest proposed extension of federal power. After all, who could object to making the world a better place for the disabled? And that is what these rules are intended to do.

But intentions don’t matter in the real world. Consequences do.

And as a consequence of the Bush Administration’s new proposed regulations, the federal government is now asserting a legitimate interest in the design of miniature golf courses, the placement of light switches in hotel rooms, what is broadcast when on stadium scoreboards and video monitors, and a whole host of other, equally trivial aspects of our public and private lives.

If such minute matters of our daily lives are of legitimate concern to federal regulators, it becomes hard to see just what isn’t legitimate fodder for federal regulation.

The new ethos driving the expansion of government power appears to be: as long as government officials have (or can assert) good intentions then they should be granted unlimited powers to achieve their goals.

The founding fathers, of course, would have found this attitude puzzling, to say the least. First of all, they would have considered it ridiculous to simply assume good intentions on the part of anyone in power, and they would have deeply distrusted the idea that even well-intended expansions of power wouldn’t be dangerous. The only sane form of government, in their view, would be a greatly limited government with powers constrained to those absolutely necessary to protect our natural rights. And those rights, we can safely say, don’t include a right to unobstructed miniature golf.

Americans are becoming more and more accustomed to the idea that government should have power to do “good” things, not just those things necessary to defend our lives and liberty. And as a consequence of this gradual shift in attitude our freedoms are more at risk every day.

Again, consider these new rules being proposed by the Bush Administration: in order to achieve the well-intended goals of making the lives of the disabled a bit easier they will be requiring, on pain of federal fines or prosecution, millions of private individuals and businesses to spend billions of dollars to comply. Because when it comes to federal regulations, the simple rule is comply—or else.

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About The Author

David Strom is the President of the Minnesota Free Market Institute. He hosts a weekly radio show on AM-1280 "The Patriot" in Minneapolis-St. Paul, available on podcast at Townhall.com.

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ADA - A lawyer make work program
ADA has been the most abused law that congress has ever passed. Talk about an oppressive bureaucracy going beyond the original intent of the law! When everyone envisioned this law they envisioned more lenient policies for people with genuine afflictions such as blindness and lack of limbs. Instead it has turned into a massive set of regulations for EVERYTHING and is now challenging OSHA as the most invasive and useless of the regulations. And like OSHA, it is blatantly unconstitutional.

I will not hold my breath though waiting for the courts to strike it down. After that fiasco with Gitmo they would probably hold that the law should be increased.

This law should be repealed and all the employees laid off.

One other thing
I don't think you can lay this at the feet of the "Bush Admin". The bureaucracy has a life of it's own and they are the ones who really rule Washington.

Too late, the horse has bolted.
Strom writes, "Too many Americans are becoming used" to the idea of government solutions to every problem.

I take issue with his tense. This is not happening in the present, this is a process that began with the Depression, and has snowballed since.

With the education establishment firmly in the hand of "progressives"-read, Marxists-successive generations of students have been taught that the government is the cure-all for any ill.

It will take a civil war to undo this, and we don't have the stomach for it.

So enjoy our long, gradual slouch into socialism, droogies.

Hillary delenda est.

The Federal...
... Civil Rights Act of 1964 first sold us on the wholly mystical idea that government had authority to tell private parties they could not hire, fire, sell to or rent to people based on any criteria they d@mn well pleased. Everything since has served to prove that a bad law will birth further bad laws.

Right on target
"But now it seems that only a few libertarians still feel bound to even consider the possibility of limits to federal powers"



All laws

make work for attorneys. That is why it is foolish to send an attorney to Congress.

why?
There is a serious argument to be made as to the extent of the power of the Federal government to address discrimination. But why does this column do it based on the fiction that this is being done out of some perceived right to these things rather than a belief that the federal governments actions are not limited to protecting rights. After all the Interstate highway system did not come about because people have a right to stoplight free roads between major cities.

To misdescribe the debate seems to just make it harder to have your side taken seriously.

Vic
You've nailed it. The bureaucracy has become the 4th estate of power, equal to or greater than the courts, the congress, and the executive. The Congress passes three page bills - the bureaucracy turns them into 3000 pages of regulations. I don't agree with Mao on much of anything, but I did agree with his idea that you should destroy and rebuild the bureaucracy from scratch every 20 years or so. It is entrenched, virtually invulnerable, and untouchable. We don't elect them, we cannot get rid of them, and if we, by chance, run into one, we can do nothing - no matter how outrageous their actions - unless we are able to raise $20 million or so to fight them for the 7 to 10 years it will take to overturn some ruling of their's.

Well, there is as much
of a constitutional right to mini-golf as there is to abortion, I would say. However, in all seriousness, I am totally in favor of making our society more accessable to disabled people. One of the best changes I have seen over my lifetime is the increased acceptance of disabled people and using technology to make life better for disabled people. Between the Iraq war and the aging population, there will probably be more disabled people over time, so it is espeically important now.

Hoe about the "rights" of an illegal
to overstay their visa? Another great 5-4 decision with Sandra Day O'Kennedy joining the liberals on the court.

http://news.yahoo.com/s/ap/20080616/ap_on_go_su_co/scotus_i mmigration

So now we have BOTH pres candidates, all of the Dems, and about 25% of the Repuibs and 5 of the SCOTUS justices supporting open/no borders.

The U.S. will shortly cease to exist.

theBaron.....
'It will take a civil war to undo this, and we don't have the stomach for it."

I agree with part of your statement. Whether the People have the stomach for it or not may not matter, civil war seems to be looming on the horizon. Let us just hope that there are enough patriotic, freedom minded individuals left who have the resolve to fight against the tyranny seeking to destroy our Country.

Molon Labe!!

Not Done Yet
We're lucky that the courts havent told us to wear our underwear on the outside of our clothes in the same ruling in which they declare Swedish is our national language. Yet. Of course the Constitution gives total power over everything to the Judiciary because the elected branches sometimes wont legislate on the cutting edge of progressive thought like our imperious judges will. Its right there in black and white in the constitution. After all, they answer to no one while the elected political leadership are swayed by the passions of the mindless masses of 'citizens'. Its says it should be that way right there in the Constitution. Doesnt it?

Golf:
My left arm is artifical, lost it in a auto accident in "70". It has been no handicap, disability or cripiling thing to me. I have worked all my life and am now retired and plan to back to work soon. Some people that don't know me seem to think that I'm a basket case who is compleaty helpess, which I am not.

I have suffered discrimation at times. I brush it off & brove them wrong every time.

I do know that there certin limits to what I can do at times(very, very little thou) But I accept that fact. It is no big deal. I have friends & co-workers with 2 real arms that at time can't do some of the things that I can do with my artifical one.

There are limits to what all of us can and can't do. The ADA law is great but there should be limits.
P.S. I can't spell good & golf dosen't turn me on. It neves has

Goodness = Competitiveness
Mandates from the Federal, State or Local government to do something good inhibits competition.

Disabled patrons will remember the good experience they had at a particular hotel. They are likely to patronize that hotel in the future and tell their friends about the good experience.

The same thing applies if the customer speaks a language other than English, or is gay, or has special dietary needs due to his religious faith. Whatever the situation, patrons will respond positively to a business that goes above and beyond to provide good service. This contributes to the success of that business and others are likely to establish the same practices. All of this leading to voluntary "compliance" with facilities that are friendly to everyone. It's a heck of a better way to make it happen than cramming it down someone's throat while pointing a gun. (or hanging a lawsuit over their head.)

Rights and the Left
I wrote a piece on my blog, not too long ago, (happyjake.blogtownhall.com) contrasting the idea of rights as seen from the Left and the Right. In the short version, the Right (as opposed to simply Republicans) view rights as things granted by God (or as "natural rights," a non religious phrase that means the same thing) and confirmed by the Constitution. These rights almost invariably prevent the Government from doing something rather than granting something to the people (the exception being jury trials and legal counsel for the accused.) On the Left, rights are seen as things provided by the government and most rights require that the government give something to people, particularly when there is some non-governmental barrier (poverty, disability, lack of competance, etc.) to obtaining whatever it is the person wants.

For example. Freedom of speech means the government can't interfere with what you have to say. The right to abortion, on the other hand, is interpreted to mean that lacking the means to procure an abortion is an unfair abridgement of the right, so the government must provide.

The current crop of retarded
politicians has been allowed to stay out in the fields and infect everything it comes in contact with. They need to be harvested and thrown away. And the 1st thing a new group of politicians need to do is take away all of their retirement benefits and ensure that they are made to feel the effects of each and every bad policy they have ever implemented. For example, no matter what the price of gas ever is, they have to pay the highest price ever - out of their own pocket. They are not allowed to hire anyone for anything unless they take the most marginable person available and pay them the highest minimum wage anyplace in the country. They must drive used Yugos powered with used cooking oil. The are limited to 900 kilowatt hours of electricity/month. They are not allowed out in public unless they sign off on reams of regulations stating what they intend to do and rep and warrant what they won't do. This must be approved by 4 layers of people with no seeming relationship. Instead of Secret Service protection, the agents sole job is to note anything and everything that they can be penalized for in their creation of this PC paradise. For the rest of all of their miserable lives, they should be forced to live to the nth degree in the pile of dog doo doo that they have created for the rest of us.
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