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Lauren and Rob Hudson: Letter of common ground about preserving freedom and limiting government


Letters for families based on the book “It Can Be Done” @studentsleadusa

As explained in prior letters, we need government laws and a justice system to protect liberty and property, but how much government is too much government?

Regardless of where you stand, know that America continuously debates the topic of balancing freedom and government. When you hear politicians argue on television, radio, online, or in a public debate, there’s a good chance they’re really arguing about freedom.
We write to suggest that if people do not pay attention and oppose unreasonable government efforts, Americans will invariably, inevitably, suffer substantial losses of freedom. As initial common ground, we must recognize that a sizeable portion of the country wants governments to play a larger role in our lives. This constant pressure to grow government tends to grow government.

We must also understand that our governments naturally move towards less freedom, not more. In America, we have multiple levels of government, all of which can both protect us and take away freedoms. Wonderful government servants and organizations serve people very well. But here’s a quick rundown to explain how challenging it can be to maintain freedom from unreasonable government.

The United States Constitution limits federal power, which means the federal branches of government may only do what the Constitution allows them to do. Congress may not pass laws that violate the Constitution, but sometimes it does.

Courts are not allowed to make new laws, but sometimes their interpretations grow or restrict our laws. The executive branch frequently issues new regulations that interpret and expand Congressional laws. The executive branch may not make new laws, but sometimes it does.

State and local governments also affect our freedoms. Certain parts of the United States Constitution, such as its Bill of Rights, apply to state and local governments. However, state governments have their own constitutions and their own powers, with fewer limits on taking away freedom.

State and local governments often have the power to do more than the federal government.

We refer to having federal and state governments as federalism. It is double government. State governments also typically have three branches of government, with their own legislature, courts, and a democratically elected executive. They are not allowed to curb freedoms expressly guaranteed by the United States Constitution or their state constitutions, but sometimes they do.

With local government added in, like city and county governments, we have triple and quadruple government. City and county governments often have different types of powers than state governments. With so many levels and types of government power, overreach is inevitable. In other words, the Founder’s plan of limited government did not always work as planned. America has hit more than a few freedom-oriented speedbumps and even some big potholes over the last two centuries.

Despite challenges to freedom, America’s capitalist blend of liberty and somewhat limited government led to prosperity. Our economic growth provided funds for government to educate children, defend the country, promote safety, and build public projects, such as roads and bridges. With wealth, Americans funded charities to help those in need at record levels.
If more of us pay attention, we can “call out” government officials who overstep their legal bounds. Our common ground should include gratitude that we live in a country where people have often cared enough to fight for liberty. It’s the reason we still have plenty of it in America.

Frost Brown Todd LLC Member and business lawyer Rob Hudson is a Past Chair of the Northern Kentucky Chamber. 2018 Independent Author of the Year Lauren Hudson is a Singletary Scholar at the University of Kentucky. Their next letter will explore common ground about other economic systems.


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