Barack Obama, Free Speech and Operation Choke Point... you'd better watch out, you might be next!

The Constitution guarantees every American the Freedom of Speech. The very first Amendment to the document says “Congress shall make no law… abridging the freedom of speech…” Of course, what is speech that it needs such protection? Speech is more than just saying what’s on your mind, regardless of how profound or silly it is. Speech is communication. That’s the speech that needed protection and was incorporated into the First Amendment. It was the communication of thoughts and ideas that needed protection. Speech needed protection because of the impact it could have on others. Kings don’t like their authority questioned and a freedom of speech could potentially rile up his subjects.

It is that very reason that our Founding Fathers sought to protect speech: For the people to keep the government in check.

So now, today, we are all lucky enough to have that freedom. But it’s not literally the words coming out of your mouth that need the protection. After all, you could stand in your shower and say whatever you want and no king or president would likely care. No, it’s your ability to communicate ideas to others that is real value and has the power to effect change.

Knowing that communication was such a central element of the Freedom of Speech, how would you feel if the government used its various powers to say “We’re not going to try and stop you from speaking, however we are going to threaten anyone who listens to you.” You’d be dumbfounded to say the least – no pun intended. That doesn’t make a bit of sense and it’s likely unconstitutional as it puts a dagger into the very heart of what free speech is about.

Thankfully the Obama administration has not yet decided to do quite that, yet… although the IRS scandal was certainly an attempt to accomplish the same thing. They are however using that very same tactic to shut down a wide range of legal businesses they don’t like. They are doing it to gun and ammunition dealers. They are doing it to the porn industry. They are doing it to payday lenders. They are doing it to Colorado marijuana retailers. In every one of these cases the administration is seeking to close down legal businesses by using its regulatory powers to stop banks from doing business with them. It’s called “Operation Choke Point” and it’s a joint effort by the Departments of Justice, Treasury and a handful of other agencies to effectively shut-down industries that the Obama administration doesn’t like.

How do they accomplish that? By contacting the banks servicing those businesses and “encouraging” them to stop doing business with the frowned upon businesses. Although the businesses are perfectly legal, the banks, recognizing that the price for not adhering to those “suggestions” would be a regulatory nightmare from which they might not be able to survive, acquiesce.

The problem however is that the government doesn’t have the legal right to coerce businesses out of business arbitrarily just because they don’t like them. That’s the whole point of the Constitution in the first place, particularly the 10th Amendment: "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people." Government can not legally rule by executive fiat. But somehow Barack Obama thinks he can.

Maybe you support what he’s doing. Maybe you’re against gun ownership or porn. The question becomes however, what about the next president? Maybe he’s against different things, even if they are legal. Let’s say Rick Santorum becomes the next president and decides to use the Treasury Department to force banks to stop servicing abortion clinics and their employees. The 21st Amendment repealed prohibition, but what if the next president felt that thousands of innocent deaths annually due to drunk driving was too many and decided to use the Department of Agriculture to outlaw the growing of hops, barley and grapes? What if the next president decides that unions are a threat to the nation’s prosperity and uses Homeland Security to, while in line with the 1st Amendment, allow them to meet, but to limit them meeting in spaces no larger than a Starbucks? What if the next president thinks electric cars require too many resources to manufacture so he uses the Energy Department to tamp down demand by having power companies shut off electricity to owners’ homes? Where does it stop?

The whole point of the Constitution and the rule of law is that citizens know the bounds of what is legal and what is not and understand where government action is appropriate. Those who operate within those bounds should be free from arbitrary government coercion. If “Operation Choke Point” is allowed to stand then it changes the United States from a nation (government) of laws to a nation of men. That’s a big problem, and not only because we have statists like Barack Obama and Eric Holder controlling the reins of power.  More importantly,  it undermines the very foundation of the nation. Once that which defines legal becomes a moving target based on who’s in power, then no one can be secure in their businesses, their homes or anywhere in their lives. One of two things follow: anarchy or tyranny. People will choose to either do what they want regardless of what the law says or they will do what they think the people in power want, regardless of what the law says. One or the other will prevail. Neither of which is fertile ground for freedom or prosperity for anybody other than those in power.

Will big government be felled by big government overreach, arrogance and overconfidence?

One of my favorite shows is a program called “Person of Interest’ on CBS. The story revolves around a government computer that knows when someone somewhere is in danger and passes that information along to a team of ex government types who go on to save that particular Person of Interest. The show’s device is that the machine can tap into virtually every piece of electronic data on the planet and harness the video feed from every surveillance camera in the world.

While the heroes saving the day makes for a feel good show, it’s never a cakewalk. Besides the bad guys targeting each week’s Person of Interest, the good guys have to deal with the ongoing threat from a cabal of dirty cops as well as the machinations of the government agency that used to control the machine.

It all makes for great entertainment, because the good guys always win and all the scariness is limited to sixty minutes on the small screen. In the real world such government stories are rarely that entertaining. What makes them lack entertainment value in the real world is that the good guys don’t always win and there’s that small issue of who gets to decide who are the good guys in the first place.

Although Person of Interest is fiction, the idea of a Machiavellian government that seeks to manipulate events, extinguish opposition and deceive its citizenry certainly isn’t. In real life we are seeing just such a government emerge right in front of us. Not that it hasn’t been there for years, because it has, but up until now it was largely cloaked from sight for those depending on the fourth estate to tell them what to see.

Now the onion is beginning to peel. Today Washington is overwhelmed with scandals of the Obama administration seeking to use bully pulpit and the police power of government to effect its political ends. From the constantly shifting talking points of the Benghazi story to the Justice Department seizing AP records, to the EPA head seeking to hide her correspondence to the IRS muzzling groups opposing President Obama, it seems like every day brings a new story of deceitfulness and manipulation.

As much as I’d love to see the Obama administration run out of Washington, they are largely footnotes in the bigger story here. That bigger story is actually quite simple: Big government.

Big government is a bad thing. Big government in the hands of manipulative, pernicious, vain and self righteous bureaucrats and politicians is a worse thing. That is exactly what we have today with a giant all powerful government and an administration that sees itself as all knowing, infallible and beyond scrutiny or accountability.

While part of the solution may be holding Barack Obama and his minions responsible for their despicable actions, that alone does not solve the problem. The same machine with a different operator is just as dangerous, just perhaps to different people. Indeed, the citizens of the United States should not be at the mercy of one man’s or one administration’s propensity for honesty in order to exercise their rights and pursue their happiness. And that idea should apply to everyone, whether a progressive or a libertarian and everyone in between.

The solution to solving the problem we are currently facing is not to be found in throwing the rascals out. The solution is to pare back government to its Constitutional limits, pare it back to such a degree that it does not hold in its arbitrary hands the keys to a citizen’s success or failure or their ability to live their lives or exercise their rights.

The IRS can only threaten citizens because it controls the tax code and has the police power of the government to enforce its capricious rulings. Not only does it control the tax code, it has made that code so byzantine that no one – including its own agents – knows how to interpret it. Replace the income tax with the Fair Tax and you eviscerate the IRS’s ability to intimidate and coerce citizens.

Similarly, the EPA can only dictate a citizen’s prosperity or poverty because it too has the police power of government to enforce its arbitrary judgments. What’s more, over its forty year history the EPA has morphed itself from regulating pollution to regulating virtually anything in the economy that moves, manufactures or energizes. Similar unbounded overreach can be found throughout the government from the SEC to OSHA to the Justice Department.

Across the board the federal government should be winnowed to its bare Constitutional bones. Getting the unaccountable government out of the politics and patronage businesses will once again allow citizens to pursue happiness as they define it without making them hostages to the capricious whims of bureaucrats and politicians.

Might it not be fitting that the Obama administration was brought down by the weight of its own arrogance? That the IRS was felled by its own illegal attempts to hobble groups opposed to IRS overreach? That the march to ever bigger government was reversed as a result of big unaccountable government?

Samuel Adams once said: "If ever time should come, when vain and aspiring men shall possess the highest seats in Government, our country will stand in need of its experienced patriots to prevent its ruin." He was no doubt talking about the Tea Party movement.