The Common Objections: 1. From the Elected Official 2. From the Citizen who loves liberty 3. From the Citizen who fears the virus
From the Elected Official..."We already take an oath to the Constitution. Thus, it is redundant to pass a Constitutional Resolution. It's not necessary."
From that day in 1776 when our Founding Fathers placed pen to paper and signed their names to the Declaration of Independence, ours has been a history of the blossoming of freedom. With the adoption of the Constitution of the United States in 1789, the ideals of liberty endowed by the Creator and the philosophy of the natural rights of man were codified. These ideals, perfectly expressed and imperfectly implemented in 1789, advanced. With the passage of time and the efforts of great men and women, more and more people experienced the benefits of a free society. These ideals propelled our nation into the bloody conflict of Civil War for the purpose of setting men free. These ideals spurred our nation onward toward enfranchisement and equality for more and more men and women. The green grass and blue skies of liberty have benefited the citizens of America for centuries. Throughout the history of the United States, the government was restrained within the boundaries instituted and enumerated by the Constitution. The source of governmental power was understood by all to be the people and the role of the government was understood by all to be that of protector of liberties.
We still have our Founding Documents. Our elected officials still take an oath to the Constitution. But something has changed. The government that historically existed to secure the liberties of the people now grants (or withholds) permissions to people. The government that historically existed because of the consent of the governed, now exists to regulate the people. The government that historically respected the restraints placed upon it by the Constitution now limits not itself, but the people. Elected officials may still take an oath to the Constitution, but most of them are unable to name the freedoms expressed in the Bill of Rights or discuss with clarity all of the 27 amendments or the Articles that enumerate the limited powers of government. In other words, we pay lip-service to the Constitution without truly respecting its profound impact.
Even though our Founding Documents still exist and despite the fact that elected officials swear or sign an oath to the Constitution, our liberties are slipping away. Local control is slipping away. The autonomy of both the individual and the local elected governing body is taking its last gasp. The power that the Constitution guarantees remains in the hands of the people is being centralized. Washington, Albany, and bureaucracies have the power to crush individual citizens and local elected officials.
We the People are losing our autonomy. When we interact with the government, it is now for the purpose of asking the government to extend a scepter of permission. We tremble before the government, aware that it can destroy our lives. But it is not just We the People losing our autonomy and trembling. It is you, too, the local elected official. You now exist to do the bidding of Albany or Washington or bureaucrats. You now exist as mere administrative arms of centralized government. You who know best the unique flavor of our local communities, our needs, and our strengths, are subjugated – as are we - to a position of servitude to the State.
For this reason, we believe it is good and necessary to make a statement in which we affirm that we remember and treasure the Constitution of the United States of America and the Bill of Rights. We believe that such an expression, while symbolic, is profoundly meaningful. We have inherited the great jewel of liberty. But we see the sparkle of the jewel becoming dull and distant. The jewel must be polished by a simple, straightforward expression of the ideals we hold dear. Such an expression made in a Constitutional Resolution is both worthy and essential.
Is it redundant to pass a Constitutional resolution? It would only be redundant if the Constitution still guided the day-to-day operations and decisions of our government. It would only be redundant if the Constitution still framed the way we think about government and citizens. It would only be redundant if we were already assured it would be the legacy passed down to our children and grandchildren. The honest citizen and the honest elected official know that it no longer occupies such a place of high esteem. We have grown forgetful. We have neglected our heritage. Thus, not only is it not redundant to lift high the banner of liberty expressed beautifully in the Constitution, but it is also essential.
From the Citizen who loves liberty... "What good is a resolution? Why bother?"
On August 25, 2021, the Cattaraugus County Legislature passed a resolution declaring that they recognize that government is to be limited and the people free from unnecessary and arbitrary governmental overreach and intrusions. The Resolution ended by stating: “RESOLVED, that the Cattaraugus County Legislature hereby declares Cattaraugus County, New York, a Constitutional County, unwavering in their commitment to protect Constitutional rights.” In these days in which freedom loving folks are often treated as if there is something wrong with them, this was a moment of success and celebration. In these days in which liberty is so often despised by the very people who have benefited the most from it, this was a moment of victory.
The big question is: What does this resolution mean? At this point, the resolution is symbolic. It is a first step, not the last one, in a long walk back to the liberties we inherited as American citizens. Thus, in many ways the answer to this important question lies with us, the People. Will “We the People” do our part in participating in the process? Will we stay informed and speak up to express to our County Legislators the need to take the resolution to the next level: nullification of mandates that are unconstitutional and that fail to pass the “strict scrutiny” test required when liberties are infringed? Will we – with peaceful integrity and thoughtfulness – be courageous enough to refuse to comply with mandates that assault the boundaries of Constitutional restraint of governmental authority?
Why bother? What is the value of a “Constitutional County” resolution if it doesn’t have legal teeth to defy State mandates? This is the question that I have been asked the most since Cattaraugus County passed the Constitutional Resolution. And I am sympathetic with all who ask. Like you, I too wish that the situation was as easy as “Pass one resolution and we are back to normal” or “Pass one resolution and we can be free from Albany and D.C. and their iron fists.” But the situation is not that simple. For years and years, We the People have been either been uninvolved or naively trusting our government to be good and decent. And all the while, the government at the State and Federal levels and in bureaucracies and classrooms everywhere have become populated with BAD IDEAS. Progressive ideas.
We no longer live in a nation that is beloved by the majority of its people. We no longer live in a nation in which most of the citizens understand that the government governs at the consent of the people and that government is to be limited and restrained. We now live in an era in which people look to the government as a solution to their problems. Instead of recognizing that government exists to secure our liberties, we approach government as something above us, an entity from which we must ask permission to live our lives and run our businesses and raise our families. It is very distorted from what it is supposed to be. As a society we have become ignorant about the proper role of government and the proper position of the People. In our ignorance, chains have been forged through decades and decades of funding in the form of state aid and federal grants. Funding is the heart of the reason why unhitching from Albany and D.C. will take great grit, persistent education efforts, and commitment at both the citizen and the local government level to identify creative ways to divorce from the dependence on funding. It’s not just the State and Federal government that is standing in our way. It is the naivety and ignorance of ordinary people everywhere, including the communities in which we live.
We must proclaim a great message to convince our communities to change the way we interact with the state and federal government. And we must do so within the rule of law. When someone asks the common question, “Can Cattaraugus County ignore the State mandates since it passed a Constitutional resolution?” the answer is “no.” The resolution does not have the legal teeth to ignore the mandates. What good is it then? There are two answers. The first answer is this: Words matter. Ideas matter. The statements we use to frame the situation will season our efforts as we move forward. A cohesive statement of ideals – which the resolution is – gives us a vision and a reminder that we are in this for the long haul. It is the hook upon which we hang our efforts, and it is the message by which we educate and recruit others to prepare to take the next steps. The next steps – if a broad enough coalition is built throughout the State – will be to nullify and peacefully disobey mandates that are unreasonable and unconstitutional. Our efforts at this moment, however, must be to build that coalition. It must be to reach out to our fellow citizens and educate them with the beautiful message of liberty. It must be to encourage rural legislatures and boards of supervisors to join with Cattaraugus County.
The second answer is: The resolution is only as good as our efforts make it. Will we be a people that press on? Will we be a people that think clearly and strategically and understand that we need to have great wisdom and a long view of what we are trying to accomplish? Will we be smart and courageous and good? Will we craft our arguments well? Will we graciously and persuasively speak to those around us – at work, at home, at church, at school, at stores and businesses – about the frail jewel of liberty we have inherited? Will we run for that school board position? Will we run for local and county offices? Will we attend those local meetings and make our voices heard? Will we show up and get involved even when we are the only one doing so? Will we continue on even when we are bone-weary and dog-tired? Will we keep our wits about us and refuse to be baited into violent behavior? My friends, the resolution is the beginning. The rest is up to us to stand up and to speak up – alone if necessary – and always strategically, wisely, and persuasively. There is a lot of hard work to do.
From the Citizen who fears the virus... It’s Reckless! Don’t You Care About Other People?”
This is the objection from those who trust the government and who fear the virus more than they fear tyranny. It is an objection laced with emotion for which a rational response struggles to reach the brain of the objector through ears plugged with negative assumptions about those who hold the position that liberty is dear.
But liberty is dear. And it is frail. And it is precisely because I care about other people that I stand on the opposite shore of this great divide and cry out, “Liberty is not the enemy of health and safety! Liberty is a friend. Liberty is not the problem. It is the solution!”
A free and prosperous society is fertile ground for a healthy population. It doesn’t mean that all will be healthy. It doesn’t mean that death will cease. It doesn’t mean that everyone will make good decisions about their own health, although many to most will. In a free society, people are empowered to be responsible for their own health and safety and to manage the risk in their lives. It is here, in the land of personal empowerment, where health and safety flourish. On the other hand, a controlled society is destructive to health. In a controlled society, group mediocrity replaces individual exceptionalism. A direct result of the rise of mediocrity is the decline of innovation. In a controlled society, scarcity replaces abundance. Controlled societies are tyrannical by nature, and they purposefully suppress liberty and individualism – both individual opportunities and individual responsibilities to anything other than the state and its orders. In controlled societies, empowerment is replaced with enabled dependance and sooner rather than later the enabled become the victims. A controlled society of dependent subjects experiencing decreasing innovation and increasing scarcity will soon be a sick and tired society. Tyranny breeds poverty and poverty gives birth to ailments and illnesses too numerous to count.
Early on in this COVID era, a shallow one-dimensional point of view was foisted upon us: “Controlling COVID is all that matters. Every other kind of suffering is less important. We must do whatever is necessary, no matter how damaging to society, to control the virus. We must not consider consequences. We must not consider risk vs. benefit. We must assume that the young and healthy need to behave the same as the vulnerable and the elderly. We must trust the experts. We must distrust those who question the experts. We must shame and pressure all to comply. It is our only hope.” This one-dimensional one-size fits all approach has not only failed to control the virus, but it has also caused vast damage and momentous division.
For how long will we continue to hold the shallow view that only COVID and COVID deaths matter? When will we care again about the families whose businesses have died? When will we care again about the isolated sufferer who decided the despair was too great and ended his own life? When will we care again about the hopeless alcoholic or drug user who one night went too far and overdosed? When will we care again about those who turned to food to be their friend in a lonely world gone mad and now face the health complications of obesity? When will we care again about the people who have ignored chest pains or signs of a stroke or blood in their stool because they would rather risk dying at home than dying alone in a sterile hospital where family was denied access? When will we care again about the people who skipped cancer screenings and medical appointments for treatable illnesses only to find out months later that they were no longer treatable? When will we care again about the mental, social, and academic health of our children and ask, without fear of reprisal, what the consequences of all day daily masking of a young face truly is? When will we again care about global poverty and the least amongst us whose lives are being reduced to a daily struggle for survival?
When will we care enough to acknowledge that a free society does not do what our society has done since March 2020? A free society protects the vulnerable and ministers to the suffering while encouraging the healthy to keep living, for the vulnerable and the suffering need the healthy to produce and to carry on. Failure to press on with grit and resilience dooms not just the vulnerable, but all. We are being exploited to believe that liberty lovers are health and safety deniers. But it is not so. Liberty lovers understand that authoritarian moments make society sick.
The lockdowns and mask mandates and forced vaccinations are not neutral. These policy approaches have had victims too. Lots of them. So, when I, a person who has questioned the experts and doubted the strategies, is accused of hating my fellowman, I know just how flawed and superficial that accusation is. It is because I care about my fellowman, my children, and my grandchildren, and the least amongst us that I promote liberty and resist following the path prescribed by elites that will – if followed – surely lead to our own demise.