First, what IS freedom? Well, freedom is the ability to behave in a particular way without the interference of government, provided you do not infringe on the freedom of others. Simple, right? Maybe not, the definition of freedom at the free dictionary by farlex states:
“affranchisement, arbitrium, autonomy, civil liberty, decontrol, deliverance, discharge, disenthrallment, emancipation, empowerment, enfranchisement, entitlement, exemption, exemption from external control, exemption from restraint, extrication, franchise, franchisement, independence, leave, leeway, legal right, liberation, libertas, liberty, licentia, noninterference, permit, political independdnce, prerogative, privilege, redemption, relaxation of control, release, right to decide, room, self-determination, self-government, self-rule, unconstraint, unfettering, unrestraint” (from http://legal-dictionary.thefreedictionary.com/freedom)
Not exactly easy to understand…but it IS clear that freedom means the ability to act the way you want to…always assuming you are not infringing on anyone else’s rights.
So, clearly we believe we are free, but a better way to decide might be to have a look at what it is like NOT to be free. If an individual is restricted from a particular action under the threat of fine or imprisonment, then it can be said that the person is not “free” to perform that action. Sound reasonable? I think so.
In short, we might not be “free” to do something that is illegal. Fair enough…but what is illegal? Again, from the free dictionary by farlex:
“illegal 1) adj. in violation of statute, regulation or ordinance, which may be criminal or merely not in conformity. Thus, an armed robbery is illegal, and so is an access road which is narrower than the county allows, but the violation is not criminal. 2) a person residing in a country of which he/she is not a citizen and who has no official permission to be there” (from http://legal-dictionary.thefreedictionary.com/illegal)
Well, that’s not very clear either, because by this definition, illegal is anything that is in violation of a law. Of course, a law may be legal, but not lawful (a point for another topic), but let’s assume that a given law is lawful, therefore not adhering to that law is, by definition above, illegal.
So to sum up what we have so far: We are free if we are able to decide what behavior we want to have, providing we are not infringing the rights of someone else in the performance of that behavior. We are not free to chose a behavior that is against some statute or regulation.
So what type of behavior is illegal? Is it legal to get married? Is it legal to start and run a business? Is it legal to operate your vehicle? Is it legal to build a house? You might be shaking your head yes at this point, because these are common things that any people do every day.
To that I say…you are shaking your head in the wrong direction! Believe it or not, ALL of these actions are currently illegal in the United States. I know, you disagree, however, I am about to prove my point. In order to do any ONE of these things, it is necessary in the United States to obtain a license. The legal definition of a license, again from the free dictionary by farlex is:
“The permission granted by competent authority to exercise a certain privilege that, without such authorization, would constitute an illegal act, a Trespass or a tort. The certificate or the document itself that confers permission to engage in otherwise proscribed conduct.” (from http://legal-dictionary.thefreedictionary.com/license) (Emphasis added)
If you need a license to do it, it is because without a license, the action would be illegal! I do not believe this is what the framers of our constitution had in mind when they wrote:
“We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.” (Emphasis added)
