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

How Oklahoma Can Be Number One in Covid Policy

South Dakota, that sound you hear behind you is footsteps. Oklahoma can be Number One in the policy response to Covid-19. We’ve done fairly well to this point compared to other states, but to take us to the top, our leaders will need good, accurate information, must ignore hyperbole (often outright falsehoods) from the media-politico controversy machine, and should trust individual Oklahomans to do what is best for themselves and their families. Oh, and it would help to have some courage in the face of criticism (or ear plugs to tune out the whining). Fortunately, 1889 Institute has compiled a very helpful webpage containing the cold, hard facts about SARS-CoV-2. Based on these facts, not hysteria and virtue signaling, we recommend some straightforward policy responses. The page is here for anyone who wants to arm themselves with knowledge, rather than bask in the newly virtuous habit of broadcasting how afraid and ignorant one is. For example, did you know that the evidence for wid...

Can Government Force You to Close Your Business?

1889 Institute takes no position on whether any or all of these measures are warranted or necessary, or whether their economic fallout would inflict more human suffering than they prevent. We are simply evaluating whether they are legal.   With the unprecedented (in the last 100 years at least) reaction surrounding the outbreak of Covid-19, questions that few living legal scholars have considered are suddenly relevant.   Can a quarantine be ordered?   Can a mass quarantine, lockdown, or “cordon sanitaire” be ordered? Can businesses be ordered to change their behavior?   Can businesses be ordered to close? Can state governments order these measures? Can local governments order these measures? My legal brief addresses these issues from a statutory point of view; it is clear that state law gives the governor and mayors broad authority in a state of emergency. They must, of course, do so in a neutral way that they reasonably believe will help preve...

Filling the Truth Vacuum Regarding COVID-19

With COVID-19 heating up again, and the resumption of societal shutdowns in other states, a pandemic strategy never seen in modern times, it seems appropriate to post facts with appropriate recommendations for action independent of politicized governmental institutions. Providing this information, along with relevant context, is the purpose of the new “ COVID-19 ” webpage on the 1889 Institute’s website .   With the recent widely-reported surge in COVID-19 cases and hospitalizations, the impression created is that the pandemic has spiraled out of control. Therefore, our first factual installment is the following figure, which shows the number of daily new cases and the number of daily new deaths from COVID-19 in Oklahoma. Seven-day moving averages are also illustrated in order to show trends.   Source: The Covid Tracking Project ( https://covidtracking.com/data/state/oklahoma ), which assembles data daily from the Oklahoma Department of Health (OKDOH). OKDOH does not provide l...

George Floyd versus Union Cops: Is that the Real Story?

No one with a brain can look at the video of the Minneapolis cops putting their weight on George Floyd’s entire body, including a knee to his neck, and see his resulting death as anything but murder. The first autopsy cited pre-existing health conditions as a contributing factor in Floyd’s death. The second autopsy found Floyd’s death to be murder due to his carotid artery being crushed, cutting off blood flow to his brain. The official coroner seems to have come around to the murder conclusion, but regardless, those cops killed a man for passing a counterfeit 20-dollar bill; and because he’s dead, we can’t even find out if Floyd knowingly did so. Were the cops indifferent to Floyd’s pain because of racism? I don’t know, and no one else does, either. The cop with his knee on Floyd’s neck is obviously responsible for Floyd’s death. The other cops, who did nothing to alleviate Floyd’s suffering when he complained that he couldn’t breathe, are at least culpable in the murder. Three of the...