Have you seen your government, lately?

Dear Editor,
 

Eugene Volkh, a professor of law at the University  of California, Los Angeles (UCLA), blogs with other profs and lawyers about “anything they want.” In this case he blogs about positive and negative rights of citizens. So, what are these rights?
The Constitution and positive rights: The federal Constitution secures a few positive rights. The clearest example is the Contracts Clause, which bars states from impairing the obligation of contracts, and thus mandates states to provide a forum from enforcing contracts. Under this Clause, people have a right to demand that the government enforce their contracts.
Likewise, the Takings Clause bars the government from interfering with my right to exclude others from my property. If I own some wooded land, the government can’t say, “You must allow everyone onto the land.” That would be a taking of my private property and making it public property.
I think it follows that the government also can’t refuse to enforce trespass laws, for instance by saying “The police and the courts shall not enforce civil or criminal trespass laws against those who trespass on others’ woodland property, or who tear down fences protecting others’ woodland property.” Such a deprivation of legal protection would be close to legally destroying my property right. I think that such a denial of property protection probably would violate the Takings Clause.
Watching politics lately, I have not heard some candidates tell me what they plan on doing “for me” instead of what they are going to do “to me” and this can be alarming if I did not know my rights. I fear for my fellow Americans, who do not know their rights, who will follow along what the government tells them, assuming they are enforcing the Constitution.
There are two kinds of rights we, as a people, need to know. One set of rights is prohibiting government control and take over. The other is our right enforcing government to protect our rights, freedom and property.  
Protection of private property and freedom of contract is a core function of government. Conservatives are right to stress its importance. But it is not the antithesis of positive rights against the government. Rather, it necessarily involves such positive rights, at least in the view of conservatives and most moderate libertarians, and in the American legal tradition of protecting property and contract.
So, is our government doing it’s CORE DUTY or are they talking about something else? They should be obeying their OATH of office to support and defend this Constitution and defend rights and property.
We need to know what interest we vote for and whose interests and liberties are represented. Do not be fooled by the one in a cloak.

If you wish for me to provide a more detailed version of these rights, under the Constitution, please send a self-addressed stamped envelope to the following address:

R. Foster

P.O. Box 788

Mexia, Texas 76667