Honorable Mention
Age Group 19-21

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A WALL OF SEPARATION:
Between Civil Society and State

by Scott Van Bergen, age 21

           Thomas Jefferson wisely called for "a wall of separation between church and state." This principle inspired the First Amendment to the Constitution, ensuring religious freedom for Americans. Unfortunately, the Founding Fathers failed to include in the Constitution adequate restraints on the state's ability to interfere with other areas of civil society.

           As a result, government has extended its meddlesome influence virtually everywhere. No business is free from government's onerous regulation, no worker is immune from government's heavy taxation, and no individual is safe from government's overbearing police state. Government, in its perpetual quest for power, has destroyed the very freedom the Founders fought to achieve.

           The Founders promised that America's government would preserve liberty, not consume it. But they made the mistake of believing that the "virtue" of politicians could be counted on to properly limit government. Politicians have instead given government a virtually unlimited role that allows it to ride roughshod over the liberty of its citizens.

           Enough is enough! It is time for Americans to reassert their individual sovereignty. It is time to revive civil society. And it is time to reign in government.

           To bring about these important changes, we can draw inspiration from an old idea put forth by Jefferson and apply it more broadly than he did. Let's work toward extending the wall of separation between church and state to include a wall of separation between civil society and state.

           Civil society includes the entire scope of voluntary activities among individuals and groups. Economic transactions, social engagements and, of course, religious activities all fall under civil society. If an individual doesn't like a particular business, church, or other organization within civil society, he is perfectly free to avoid dealing with it.

           The state, on the other hand, is that institution which has a monopoly on the use of force. Every law and every government program are backed up by the barrel of a gun. If a citizen opposes a particular government program or believes a law to be unjust, he is not free to exercise his own discretion. He is forced to participate in the program. He is forced to obey the law.

           Whereas in civil society individuals are free to act according to their own minds, in a politically controlled society everyone must subordinate their own will to that of the state's. Civil society promotes the dignity of each individual. Government demands mindless conformity. When civil society is left to the voluntary interaction of individuals, we call that liberty. When civil society is dominared by government, we call that statism.

           Rational human existence is impossible under statism because individuals are deprived of the freedom to act according to their own minds. Freedom itself is a necessary component of human life. Without it, individuals die spiritually, if not physically.

           Government, being organized force, can only limit freedom when it attempts to control voluntary interactions. Just as it is illegitimate for government to tell us what gods to worship, it is illegitimate for government to tell us what social goals to pursue. And just as government should be secular with regard to religion, so should it be secular with regard to civil society.

           For freedom to endure, it must be founded on principles, not whims; on laws, not men. Therefore, I propose new amendment to the Constitution. This amendment is modeled after the establishment clause of the First Amendment and would extend separation of church and state to include separation of civil society and state. It says, simply:

           Congress shall make no law respecting a peaceful establishment of civil society or a peaceful activity within civil society.

           The Separation of Civil Society and State Amendment would free Americans to pursue whatever economic, religious, or social goals they please so long as they refrain from engaging in or threatening violence against others.

           What would separating civil society and state mean for the economy? It would mean that all lawful economic transactions are based on voluntary exchange and that all voluntary exchanges are lawful. Laissez-faire capitalism would, for the first time in the history of modern civilization, be legal!

           Religion would finally enjoy the full freedom that the First Amendment sought to establish. The massacre of the Branch Davidians in 1993 shows that the government is capable of crushing anyone who practices a religion that lacks its approval. By separating government from religion, no religious group would ever again have to worry about being persecuted.

           As for the rest of social activity, anything that's peaceful would be tolerated. While some may choose to pursue foolish ends, it is important to bear in mind Jefferson's words of wisdom: "Reason and free inquiry are the only effectual agents against error...It is error alone which needs the support of government."

           Despite the dangers of state action, some will inevitably argue that government should do whatever is necessary to promote the public good. The public good benefits everyone, so there is no reason to keep civil society and government separate.

           Don't be fooled by this deceptive, yet all too common, line of argument. There is plenty wrong with delegating to government the task of promoting the "public good." Promoting the "public good" has been the rallying cry of nearly every king, dictator, and tyrant. The reason for this is simple: there is no such thing as the public good!

           "Public good" means whatever one arbitrarily chooses to ascribe to it. In practice, the "public good" is whatever happens to be good for the statists who are empowered to implement it.

           And let's be perfectly honest about what statism is. It is a religion. More precisely, it is the most deadly religion in all of human history. There are many statist denominations - socialism, fascism, and welfare statism, to name a few - but all statists share a common desire to impose their dogmatic creed through the brute force of the state.

           Karl Marx published the Communist Manifesto in 1848, and for many decades afterward not much happened. It wasn't until 1917 that Marxism became united with a government. Thereafter, death and destruction ensued. From Lenin to Stalin to Mao to Pol Pot, Communist dictators have been responsible for the deaths of tens of millions of people and the sufferings of hundreds of millions more. This is the logical consequence of an ideology that calls for the complete substitution of government (force) for civil society (voluntary interaction).

           While it is unlikely that the United States would suddenly fall under a dictatorship, statism can just as easily develop gradually. James Madison warned that "there are more instances of the abridgment of freedom of the people by gradual and silent encroachments of those in power than by violent and sudden usurpations." Indeed, little by little, government has taken away some of our most cherished freedoms.

           The United States is no longer the land of the free. The Founding Fathers would be horrified to learn, for example, that more people are imprisoned in the United States for victimless crimes than are imprisoned for all crimes in France, Germany, England, and Japan combined.

           Government will continue to encroach on our liberty unless we stand up and defend it. It is time for Americans to break the bonds of oppressive government and reclaim the freedom that is rightfully ours. The goal of freedom lovers everywhere should be nothing less than to build a wall of separation between civil society and state.

           Bear in mind that walls are built one brick at a time. Every effort, no matter how small, can help. If we work together, we can build a wall strong enough to keep government out of civil society for good.

           The time to act is now. Let the rebirth of liberty begin!

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