What happens then when the government values the popular opinion above the rights of the individual? Not only will it stray from its rightful purpose but it also results in many practical impacts. In his book Basic Economics, Thomas Sowell lays out one such impact. The importance of allowing fluctuations in prices, reflecting the protection of Individual Rights, as well as the detriment of artificially fixing the prices of goods based upon the will of the people. To illustrate, Sowell provides a scenario, in which a natural disaster has left many people homeless and increased the demand for any remaining shelter. Nearby hotels will be flooded with people needing a place to stay and in accordance with high demand and limited supply the hotels will naturally raise prices. Most people will see this as evil hotels exploiting the poor disaster victims when, in reality, it is economics at work. It is not only beneficial to the hotels, but also surprisingly so to the victims as well. Consider a family of four or five. Under normal circumstances and normal pricing they would likely occupy two rooms, each with two beds. However, with increased pricing, it is more probable that the same family would rent only one room, sharing beds and sleeping on the floor instead. The higher prices mean that people will be much less likely to use excess rooms and will probably make do with less space. Assuming friends as well as family members and even neighbors start to do this as well the capacity of the hotel can easily double with a relatively small amount of discomfort to the occupants. This is where Individual Rights and Popular Sovereignty can be clearly differentiated. If the Government values Popular Sovereignty it is going to cap the price of hotel rooms because that is what the people want. This of course doesn't allow for price increases, which will encourage people to use more rooms, leaving more people without a place to sleep. If, however, the government allowed the price fluctuation, they are respecting the Individual Rights of the hotels as well as benefiting the victims of the disaster.
The ideas of positive rights and negative rights in government magnify the importance of only defending Individual Rights. Negative rights, equivalent to Individual Rights, detail what people cannot do to other people. It is a set of limitations which say you have the right to these things, therefore they cannot be taken away as opposed to the idea of positive rights where the phrase is changed to say you have the right to certain things, therefore we, the government, must ensure you obtain them. To understand why Individual Rights and not positive rights should be respected, imagine two scenarios. In the first situation a man is being robbed and in the other the government is providing him with free health care. In the first, negative rights give the man the right to defend his Individual Rights from the robber and stop the robber from taking the man's property or harming his life. In the other, instead of having inalienable rights the man is allowed to protect, he is given rights such as health care and affordable housing which someone else is obligated to give the man. The problem with this second situation is that it is not unlike the first. Reverse it and imagine the man as the doctor being forced under law to provide health care freely or imagine the citizen whose taxes are paying a doctor to provide that service. This is what the philosopher Bastiat describes as Legal Plunder. Explained as, creating law that makes stealing, or any other violation of Individual Rights, legal and lawful. Bastiat aptly describes our second situation within the scope of the government in this satirical paragraph:
“Thus, again, liberty is power. Of what does this power consist? (Of being educated and of being given the tools of production.) Who is to give the education and the tools of production? (Society, which owes them to everyone.) By what action is society to give the tools of production to those who do not own them? (Why, by the action of the state.) And from whom will the state take them?
Let the reader answer that question. Let him also notice the direction in which this is taking us.”
The logic Bastiat asks his reader to follow ends up going in circles. It is a mindset based on positive rights and following our second situation. It leads us to the question, “from whom will the state take the tools of production?” In the example of Health Care, the government gives the service to those who can't afford it and it pays for it out of the taxpayers pocket. The problem? The recipients are taxpayers and the government is simply making decisions for them. Slowly but surely taking over people's lives. This is why it is of paramount importance to protect Individual Rights at all costs. In the U.S. the governing authority has deviated from this purpose of the law, which is not to provide comforts for some at the expense of others, nor to appease the masses, but to “prevent injustice from reigning,” as Bastiat put it.
The purpose, then, of government is not to appease the masses by giving them rights, nor to decide what its citizens require. Its purpose is only to protect the people's God-given Individual Rights. These are the reasons that any and every government must value Individual Rights and why our government must change directions and return to Individual Rights if the United States is to continue as the great nation that she is.