Skip to main content

Gratitude for Restrained Government, and Restraints on Government


We at the 1889 Institute spend a lot of time critiquing government. I mean a lot. It’s what we do: we want to make government the best it can be, and that starts with identifying its flaws. But it is important, from time to time, to acknowledge that on the whole, Americans have it pretty good when it comes to governance. Here’s what I’m thankful for in government this year: 

National defense. We live in perhaps the freest society that has ever existed. That would assuredly not be so if it were not for our strong commitment to deterring every foreign threat to our national sovereignty. What use is restrained government if a country is not safe from foreign invaders?

Courts. Courts not only determine who is guilty of a crime and who is not, they also provide a forum to resolve sometimes vicious disputes without violence. If free trade is the bridge to human flourishing, then a legal system that upholds property rights, enforces contracts, and deters crime forms the truss of that bridge. 

Police. They are the enforcement arm of the courts (eventually, if you continue to defy the courts, these are the men and women with guns who ensure you do what you are told or escort you to jail). They provide general deterrence to criminal activity (the threat of arrest that keeps many honest people honest). They provide specific deterrence to the criminal element (locking them away from the public). While not every individual action taken by every individual officer is without fault, they are, on the whole, undeniably a force for good.  

Roads. Roads facilitate trade. They make everyone better off - those who commute an hour every day, and those who are homebound and have their needs delivered courtesy of giant online retailers. 

Freedom of speech. We have an almost-absolute right to think, say and write what we want. This is subject to very limited exceptions - each of which has a good justification. 

Freedom of religion. We have a broad rights to worship as we please without government interference. While there is work left to be done to ensure that freedom of conscience does not stop where freedom to earn a living begins, there has never been a time when so many people were so free to worship as they choose. This is not a call to let up on fighting for the next inch - give an inch the secular extremists will take a mile. But it is well worth being thankful. For most of history a man’s birth determined his religion. For most of history a woman’s husband determined her religion. While parentage still carries exceptional weight in determining religion, there is no government thumb on the scale pushing people towards or away from their parents’ religion. This is as it ought to be. 

Due process. We have broad rights to ensure that the government doesn’t get too involved in our lives. If we are charged with a crime, there is a whole process dedicated to giving us a chance to clear our name. We also enjoy a presumption of innocence, which starts before charges are ever filed: that is why warrants are required before (most) searches may be legally conducted. 

Right to keep and bear arms. Lest these important protections become nothing more than parchment barriers, we have the right to keep and bear arms. This is both so law abiding citizens have the means to defend themselves, and so would-be tyrants meet armed resistance at home before they can conquer the world. There is a reason that every tyrant disarms his own populace before he reveals his tyranny. 

Interestingly, many of the things I’m most thankful for in Government are its limitations. While government is incredibly necessary to human flourishing, restraints on government power are part and parcel of good government necessary for human flourishing. 

Mike Davis is Research Fellow at 1889 Institute. He can be reached at mdavis@1889institute.org.

The opinions expressed in this blog are those of the author, and do not necessarily reflect the official position of 1889 Institute.


Popular posts from this blog

Official Statement of 1889 Institute: Open Oklahoma’s Schools

Byron Schlomach, director of the 1889 Institute, issued the following statement today regarding the ongoing school closures throughout Oklahoma as a result of the Oklahoma State Board of Education’s response to the COVID-19 virus: Way back in March, the 1889 Institute first protested school closings based on then-existing evidence that school-age children are not prone to the disease, evidence confirmed in intervening months. This evidence, combined with the failure of school districts to provide a rigorous online education and the hardship on two-earner families created by distance learning, makes it clear that closing the schools has, indeed, been a policy error of epic proportions. To that end, 1889 Institute is calling on the Board of Education to rescind its current guidance that recommends such closures and reopen traditional brick and mortar schools immediately following the upcoming Christmas break. Not doing so is a disservice to both students and parents and will have a last...

Oklahoma Is OK, but Seriously, That’s Not OK

The Americans at the table, negotiating a business deal, ask one of their number, “You can speak Dutch?” He replies, “I’m OK.” With his fellow Americans looking doubtful, he proceeds to mistranslate what they want him to say to their Dutch counterparts. The “OK” translator tells the Dutch that the Americans really need a hug, when he was supposed to tell them they really need the deal. With that, the AT&T commercial ends as one of the Dutch negotiators gives an American a hug with the announcer saying, “When just OK is not OK.” There are several of these commercials, each with a different scenario, in which, indeed, just OK is not OK. And every time I see one of these commercials I think of the license plates that were once so common – “ Oklahoma is OK. ” As someone who works to develop policy suggestions intended to make Oklahoma better, and hopefully, the best that Oklahoma can be, it often seems that slogan – Oklahoma is OK – gets in the way. The fact is, in most r...

Religious Freedom and School Choice in the Nation's High Court

When the Supreme Court of the United States (SCOTUS) begins its term next week, one of the many important cases it will consider is that of Espinoza v. Montana Department of Revenue , which addresses Montana’s Tax Credit Scholarship program, and gives the high court an opportunity to decide whether Blaine Amendments (which generally prohibit any state money from going to a “sectarian” purpose) violate the establishment and free exercise clauses of the first amendment, as well as the and equal protection clause of the 14th Amendment. At the very least, the justices should rule on whether Blaine Amendments (like Section II-5 of the Oklahoma Constitution) can be used to exclude religious schools from school choice programs which insulate the state from direct subsidy of religious organizations through the “genuine, independent choice of private individuals.”   The question presented to the court is “Whether it violates the religion clauses or the equal protection clause of th...

Licensing Boards Might Violate Federal Law: Regardless, They Are Terrible Policy

Competition is as American as baseball and apple pie. “May the best man win” is a sentiment so old it doesn’t care about your pronouns. The beneficial effects of competition on economic markets are well documented. So why do we let powerful business interests change the rules of the game when they tire of competing in the free market? Most of the time when an occupational license is enacted, it is the members of the regulated industry who push hardest in favor of the license. Honest competition may be fundamentally American, but thwarting that competition through licensing seems to be fundamentally Oklahoman. Oklahoma doesn’t have the most occupational licenses, but when they do license an occupation, the requirements tend to be more onerous than the same license in other states. But what if, instead of merely breaking the rules of fair play to keep out would-be competition, Oklahoma licensing boards are also breaking the law? Normally a concerted effort to lock out competition would v...