The Minority Report: Dangerous Freedom

Minority Report

If you could stop a crime before it happened, would you?

This is the premise of the Tom Cruise thriller Minority Report. And if we can judge from a Hollywood representation, it’s really not a good idea.

Putting someone in jail, or suspending their rights, for a crime that they had not yet committed, but that you were 99% sure they were probably going to commit sometime in the future, is a dangerous road to go down.*

Welcome to America, 2016.

Illiteracy

Today, I want to address a major problem in America - illiteracy. But not just any illiteracy, I want to address selective illiteracy.

Allow me to explain.

I know politicians like Senator Chris Murphy can read, however it sure doesn’t seem to be the case when it comes to the Constitution. That’s why I call it selective illiteracy. They may be able to read the words on the paper, however they have no understanding of what those words mean.

Those calling for more gun control in the wake of Orlando are Constitutionally illiterate. And it’s going to destroy America and the freedom we love.

The Right to Bear Arms

I used to think the 2nd Amendment was fairly easy to understand, “A well regulated militia being necessary to the security of a free State, the right of the People to keep and bear arms shall not be infringed.”

We get to keep arms and we get to carry (bear) them around. Pretty simple right?

Apparently not.

Our Founders believed that God had given us certain rights that were inalienable, inviolable, sacrosanct. In other (more understandable) words, our rights were given to us by God and no one could take them away, nor could we give them away. The right to keep and bear arms is one of those rights.

The Bill of Rights did not grant us the right to own guns. No mere piece of paper could do that. Rather it enshrined that right because “at least some of the rights needed to be made explicit in the Bill of Rights to avoid having future generations with less understanding of republican theory weaken in their defense of those rights.” (constitution.org)

Terror Watch List

The big argument being made by the uninformed members of our Congress, is that since the Orlando murderer was on an FBI watch list, he should not have been allowed to buy a gun. They further posit that no one on said watch list should be able to purchase guns.

Like I said, they are uninformed.

The FBI terror watch list has been the focus of much criticism due to its vagueness and secrecy. No one is exactly sure the criteria used to place people on the watch list, and even less clear is how an innocent person gets off the watch list.

There have been numerous examples of completely innocent people put on the terror watch list due to clerical errors, misunderstandings and just having the misfortune of having the same name as a “real bad guy”.

There have also been numerous examples of the terror watch list absolutely failing to accomplish its purpose - the Boston marathon bomber, the “underwear bomber”, and most notably and recently, the Orlando murderer.

Does this mean that the list is bad and should be unceremoniously scrapped? Of course not. Having a list of people that potentially pose a threat to America is a good thing and well within the purview of the FBI.

Where we run into an issue is when the uninformed members of Congress decide that suspicion is reason enough to strip you of your Constitutional rights.

Innocent Until Proven Guilty

Let me just say one thing - Ei incumbit probatio qui dicit, non qui negat.

Or in other words - The burden of proof is on the one who declares, not on one who denies.

This is one of the fundamental precepts of our American judicial system. Just because your neighbor says you broke into his house and stole his collector’s edition Darth Vader mask does not mean that you automatically have your rights suspended and get thrown in prison. No, thanks to American common law, you are presumed innocent until your neighbor can prove, beyond a reasonable doubt, that you are in fact guilty.

The presumption of guilt is completely antithetical to the American way of doing things. Yet that is exactly what ill-advised Congressmen like Chris Murphy are doing when they say your 2nd Amendment right goes out the window as soon as the FBI suspects that you may, possibly be guilty of something.

Those on the FBI terror watch list have not necessarily committed a crime. Judging from past experience, there is a good chance that many on that list are normal, law-abiding citizens that don’t even realize that they are on the list.

There are assuredly scumbags on the list. However until criminal intent can be established or a crime is actually committed, the rights of Americans remain intact regardless of “suspicion”.

Dangerous Freedom

It is hoped and assumed that members of Congress such as Senator Murphy have noble intentions. However, it cannot be argued that their methods are not only dangerous, but unconstitutional.

The less the government intervention, the more freedom we have. The more freedom we have the more self-government is required. This is about taking responsibility for ourselves, and not depending on the government to swoop in and “save us” by limiting our rights.

Our American government was established for one reason and one reason alone - to protect the inalienable rights of every American. When government is not fulfilling that role, it’s one job, it is the duty of every American to stand up and put government back in its place, or as Jefferson put it, “...bind him down from mischief by the chains of the Constitution.”

Freedom is neither easy, nor is it found in a “safe space”. However, like Jefferson,  "I prefer dangerous freedom over peaceful slavery."

Jonathan Paine

Follow on Twitter: @painefultruth76

Let us know what you think: painefultruth1776@gmail.com


*There are laws on the books to ensure that someone planning on committing a crime can be prosecuted. Criminal intent is different from presuming guilt based on suspicion. Criminal intent is explained here.