A Maxim on Rights

By Arrowhead | March 12, 2008

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Editor's Note: This article was previously written by Jeffery J Cole. I asked him to submit it to Fire Society, even though the events he discusses in the article are no longer current events, since I believe the difference between a "Right" and a "Freedom" is still invaluable to us as a Society who strives to help establish Freedom around the world.



This maxim on "rights," as it relates the Terri Schiavo case and to those who believe they have a right to die, is premised from the following excerpt in the Declaration of Independence and subsequent maxim below:

"WE hold these Truths to be self-evident, that all Men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are LIFE, Liberty, and the pursuit of Happiness...That to secure these Rights, Governments are instituted among Men..."

"There is a fundamental difference from the Right to choose and the Freedom to choose." Jeffery J. Cole.

A Right is the agency from which a person may choose freely the direction of his life with impunity; and deserving of security by legal protection and from legal abstraction. However, the "right" to choose death does not exist anywhere within the maxims of Law. That right still remains within the omniscient wisdom of Deity. GOD decides who dies and who does not, even outside the sphere of free agency, modern medicine, state statute, physical laws of science, or civil circumstance. The "right to die" has never been endowed upon mankind. Respective of the fact that we all die, his only Right is to live. Now, he may be free to take his life, and indeed, a legal system may grant that wish. But, there is a difference to be endowed with a Right to choose and possessing independent freedom of choice.

An example might be, if I am an inmate in jail, I do not have the right to escape as I am to pay the full weight of Justice. But, I am still free to try. If I had the right to escape, then, I would be immune from suffering consequence. However, since I have no right to escape, yet, I still possess the freedom to attempt and perhaps succeed, a consequence must follow. Even if I do not get caught, the wheels of Justice will find a way to impose it's punishment.

Moreover, the absence of a right does not exempt freedom of choice. We have the freedom to choose life, and likewise, we have the freedom to take life. The difference, however, is that if we take life, there is a consequence and any decision that constitutes a consequence is not within the purview of an ordained Right. And since a Right to life is immune from consequence, then, assuming a right to death would be counterintuitive since there exists the suffrage of consequence in that choice.

Neither Michael nor Terri Schiavo have the right to choose death. They are free to, if they like, but they would be subject to the Justice of our "Creator" -- who has never endowed a "right" to die. Since there is impunity with the right to live, Governors of State and the President of the United States have executive authority to pardon and secure the life of Terri Schiavo against enemies, both foreign and domestic; ESPECIALLY from domestic enemies in government who seek to take it. The Law justifying executive action is no less found in the Supreme Law of the Land as annunciated in the Declaration of Independence. If the Constitution is the door for which the Rule of Law is opened, then the Declaration of Independence is the hinge upon which the Constitution swings and by which Executive Authority must pay homage.

I was making this same argument back in 1999 over the Elian Gonzales case, siding with the mothers intent of winning their freedom and success in getting her son to our shores, seeking political asylum, which was in accordance with our immigration laws. Elian won his freedom by virtue of making it to our shores and the noble sacrifice of his mother's life.
And what does our government do? Defy executive authority to secure Elian's liberty and instead, sent him with his communist father BACK to a country whose people are exploited by a tyrant. We failed him! We failed ourselves!

My point: Just as we see a lack of use of executive authority in a case securing the Liberty of a boy whose mothers' dying wishes were defied, her grave spat upon, we now see, in the same State no less, executive authority cowering to the exercise of that power to secure a Life.

What is really uncanny about both cases is the spirit of Florida law, ultimately sealing the fate of both Elian and Terri: the law which grants power of attorney to the spouse if the other is dead...or incapacitated as in the case of Terri Schiavo. I remember the argument of jurisdiction in the case of Elian. It was a mess. And yet simply, executive authority as granted to the President by Article II section 2 in the U.S. Constitution, to extend "reprieve" by securing Elian's liberty and Terri's life could have easily been exercised and justified.

Threatening the "tranquility" of the United States as failing to secure the Life and Liberty of these Icons will result in three things: It compromises the security of our Rights as has been prescribed to our institution of government; and it polarizes the People, confusing and hence, redefining what constitutes a Right from a choice, resulting in a tainted perspective of Liberty. The public Trust has been betrayed first, by refusing to act in defense of a boy's liberty, and second, by refusing to act in defense of a young ladies life. My God Man! What is next? The pursuit of Happiness? By already obscuring the Right to Life and Liberty, there can be no "pursuit of Happiness."

Jeffery J Cole
Arrow Associates


 

A Maxim on Rights
Started March 12, 2008 - First 2 of 29 comment(s)   View all comments
March 14, 2008 11:23 AM
Member Since:
February 15, 2007

 

YES, I think we have the right to die before the Lord calls us. 

During February our family faced this issue twice  Our sister has had no life for approximately 40 years, has extreme pain, doctors/surgeons do not really understand the disease, she usually has surgery at least every other month and if she wants to leave this life, I will assist her.  Our brother has had asthema all of his life, a quad-druple heart bypass and recently sufferes from Chrones disease.  Because of his condition, his therapy required the hospital to sedate him as if he were in surgery for 2 days.  There was a 50/50 chance that he may not have recovered, and would have spent the rest of his life on a breathing machine which he did not want.  Families have to make KNOWLEDGABLE decisions very quickly which are not within their capabilities.

At this minute, I believe both are doing okay. 

March 14, 2008 12:01 PM
Member Since:
December 20, 2007
YES, we have a RIGHT TO DIE. Sometimes there is a fine line between living and existing in an unresponsive state. Everyone should have an advance directive of their wishes on file with their local hospital, family doctor and with members of their family, so YOUR wishes will be carried out. Do this today, when emotions aren't running sky high and logic will prevail.

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