Perhaps 2009 will prove to be the final round in the fight for liberty’s life.  Liberty, as defined in the Hobbesian colonists’ sense of the word, has long been subject to any number of restrictions.   Americans may not enter into any business they like, or with any person, or at any price, or in any location, without the permission of appropriate government authorities.  In fact, there are any number of regulations at all levels of government detailing how wide my lot can be, what school my child may attend, or how many bullets can be in my firearm’s magazine.  We may not live as we want, even in some cases say as we want, without government permission. 

In short, Americans have long lived under the scope of what some will call Negative Authoritarianism: one is only free to do something one wants to do with permission from the authorities.  In many cases, that permission might be easily obtained.  It being obtained, though, would have had our Revolution-fighting ancestors up in arms. The Freedom of Choice Act (FOCA) is a favorite of many in the federal government today.  Among other things, FOCA removes what protection health care workers now have in exercising their consciences against performing what they might believe to be ethically questionable medical practices.  Saying nothing of any other pros or cons that may be in the proposed bill, the removal of conscience protection takes liberty violation to a new step: from Negative Authoritarianism into a whole new world of liberty destruction – Positive Authoritarianism, or that state wherein one is not free to do what one does not want to do as per governmental decree.  Positive authoritarianism forces us to do that which we do not want to do.

To be clear, private actors in the free market negotiate their own actions – and the prices of those actions – all the time.  Pharmacists, OBGYNs, and other healthcare practitioners who work for health care providers that offer, in their opinion, ethically questionable medical procedures yet do not respect the dictates of employees’ consciences may not find work as easily, or may find it without similar pay.  That, however, is nothing more than the free market of ideas sorting itself out among freely acting, voluntary participants.  It is no threat to liberty.

So, when, in the course of my work in commercial banking I refuse, solely on grounds of my conscience, to finance the operations of a nuclear weapons manufacturer, the terms of that refusal are left to the only two actors whose opinions on the subject are at all relevant: my employer and me.  I can even up the ante by refusing to work for a bank that finances the operations of what I view as a morally questionable industry.  My bank can respond in-kind, by refusing to hire or comparably pay people who refuse to comply with their demands.  In time, some happy medium might be found if there is enough common ground.

What we are not, at present, subjected to is either me or my employer being forbidden from this sort of free exchange game.  My bank is not forced by the federal government to hire and comparably pay me despite my violations of its ethical code, nor am I forced by the same to work and do tasks that violate mine.  FOCA changes that.

Positive authoritarianism is, necessarily, the final nail in liberty’s coffin.  Prior to its imposition, I may only have been free to do as I wished with government blessing.  With it, I not only am only free to do as I wish with government blessing, I am also only free to not do as I don’t wish with the same blessing.  Another example of positive authoritarianism – the military draft – was only justified in wartime, and of course has been repealed.  FOCA might be passed without a timeline for repeal nor with similar wartime justification. Perhaps the FOCA supporter means to only extend abortion rights.  The bill’s merits on that front are up for debate.  What the FOCA supporter might not intend, though, is the murder of liberty everywhere else.  By failing to protect the rights of conscience and adding positive authoritarianism to the equation, however, that’s exactly what the American people will receive.