Grieving for Freedom By Van Irion | Founder Liberty Legal Foundation

Whether you realize it or not, all freedom-loving people are grieving our lost freedom this Independence Day. Psychologists teach that the first reaction to devastating loss is denial. When we lose something that we love, our minds initially deny the event in order to survive the shock. After denial comes bargaining, anger, depression, and finally acceptance. Each stage of grief allows our minds to absorb the new reality and grieve the loss of something cherished.

Last weeks devastating Supreme Court rulings have caused various reactions. Many insist upon explaining Roberts ruling as political genius. Some search for a silver lining in the ruling. Others focus on the upcoming election. All of these reactions reflect the first two stages of grief. Most Americans are still in denial or are attempting to bargain-away the shocking loss of freedom inflicted by those that were supposed to defend our freedom.

Some of us have already moved on to anger. Please join us. Anger is a gift.

Unlike people, freedom can be restored. No matter how much freedom is taken away, it can always be taken back. But it will not be given. Those that enslave do not give back freedom willingly. We must fight them for it. So, anger is a useful emotion when grieving for freedom. Anger will motivate us to act.

Stop denying our loss of freedom by imagining genius in Justice Roberts treasonous act. Killing constitutional principals in the name of short-term political payback is not genius. Its an insult to every man or woman that ever died defending freedom.

Stop claiming that Roberts ruling is a victory because it created a limit on the commerce clause. The commerce clause is no more limited than it was before the ruling. Prior to Obamacare no one would have imagined that the commerce clause could possibly justify regulation of lack-of-commerce. Last weeks ruling simply confirmed what we already knew. But it left the commerce clause exactly where it has been since Wickard v. Filburn. In fact, the ruling explicitly acknowledged that the rule from Wickard is still the accepted commerce clause rule. This is the rule that got us to where we are today. Why is anyone celebrating this? The answer is: DENIAL.

Not only did the ruling fail to limit the commerce clause, it opened up a completely new clause for Congressional abuse of authority. Before last week Congress could not do anything through the tax and spend clause that it wasnt authorized to do by some other clause. The tax and spend clause was a means to do what Congress already had authority to do. Now Congress can regulate anything, as long as it forces us to comply by taxing non-compliance. Any way you cut it, now matters are worse. Those that argue otherwise are in denial.

Stop arguing that this ruling will cause Congress to repeal Obamacare or will help get Romney elected. This is another form of denial. Even if Romney wins and Obamacare is repealed, do you really believe that a single political victory justifies the loss of a two-century old systemic protection of freedom against all governmental intrusions? The Constitution was supposed to prevent any Congress from enacting any legislation that violates fundamental freedoms. Do you believe that defeating Obamacare, or Obama himself makes up for losing constitutionally protected freedom for all time? What happens when another Congress passes a law denying our freedom and enforces it by imposing a punitive tax? Will your grandchildren say, Well, thats OK because grandma and grandpa defeated Obamacare? The Constitution should have defeated Obamacare without an election. The Constitution should have been left to defeat any other freedom-destroying legislation that Obama or any other President passed. One bad President should not have the power to destroy freedom. Obama has that power now only because the Constitution has been destroyed by the Supreme Court. If we must now depend upon winning every single election in order to keep our freedom, then freedom has no chance of surviving for our grandchildren. Stop denying the devastating nature of this loss by claiming that it will result in some short term political gains.

Stop claiming that someone threatened or blackmailed Roberts. This, too, is a form of denial. Those of you that offer this excuse would rather believe that evil forces beyond anyones control are responsible for our loss, rather than acknowledging the failure of our system of government. Even if Roberts was threatened or blackmailed, so what! Hundreds of thousands of men have died horrible deaths to defend freedom. If you were in Roberts shoes and someone threatened you, would you be a coward and destroy the freedom earned by the blood of countless deaths, simply to protect yourself?! Even if a gun was literally to his head, Roberts has no excuse. Men in high office have a higher duty to defend our freedom than men in trenches, not a lower duty. Stop making excuses.

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Grieving for Freedom