A Thoughtful Question on Freedom

August 31, 2012

I was in the car with my niece yesterday and noticed two children wearing helmets ride by on their bikes.  I mentioned to my niece that when I was a boy, I rode my bike around town without a helmet because they were not required.  That prompted her very insightful question: “Why do they call America ‘free’ when there are a thousand laws?”

A “thousand” laws is a very modest estimate.  Ask any CPA about the complicated tax code.  Add to that the problems of the thousands of vague or unenforced laws, as noted by James Madison among the many threats to liberty:

“It will be of little avail to the people that the laws are made by men of their own choice, if the laws be so voluminous that they cannot be read, or so incoherent that they cannot be understood; if they be repealed or revised before they are promulgated, or undergo such incessant changes that no man who knows what the law is today can guess what it will be tomorrow.  Law is defined to be a rule of action; but how can that be a rule, which is little known, and less fixed?”
— James Madison, Federalist no. 62, February 27, 1788

The helmet law is probably clearly written, but it is one of so many ever-changing laws that I couldn’t tell you for sure.  My niece’s question stands.  Can we continue to call our nation “free” when we live under a nanny state with an ever-increasing library of statutory requirements and interpretations?

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