3. Our rights have made headway even while government grew. Government lurched out of control in recent years. It grew bigger. It extended its scope. And partisan hacks lustily touted each swallow of American life into the purview of that maw of force known as government. But, even so, some of our rights became clearer. The Bill of Rights defends freedom of speech, and of the press, and of religion; the right to bear arms; the security of people in their homes not only from quartering troops but also from unreasonable searches and seizures; and a whole lot more. The right to petition our government is being clarified in a series of court cases . . . perhaps even as I type these words. Government is always a problem, of course. There’s a reason why George Washington called it a “dangerous servant and a fearful master.” I should know. The state of Oklahoma is trying to put me in prison for my above-board part in petitioning that government. But the law under which the state’s prosecutor is trying to nab me — a law I didn’t break — is itself under constitutional challenge right now. By the time the state gets around to actually trying me, the law may have been declared unconstitutional. That would be a great blessing not only to me, but also to all citizens who seek to restrain their governments by petitioning their governments. The big news this year was the Heller decision. This was the first case that directly considered whether an individual has a right under the Constitution to own and use firearms for self-protection. The Supreme Court said that, yes, the Second Amendment does guarantee such a right. This decision alone will do more good for our rights than electing any politician possibly could. So it is worth remembering: Our rights may be fragile, but because of the Bill of Rights, they are a lot less fragile than they would otherwise be. And while we may complain of “activist judges” and the like, we should be happy, on the whole, for the independence of the judicial branch. Every now and then the courts return to us our Constitutional freedoms even when the major parties seem intent only on taking them away. Tomorrow, Monday the 15th of December, is a good occasion to remember these truths. |