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Stephen Gottlieb: Government And Our Trip South

Many people in this country believe that the Founding Fathers established our Constitution to get government off of people’s backs. My wife and I just traveled to North Carolina where that idea is big. They expect people to take care of themselves without the help of the nanny state. We are all expected to earn and pay our own way.

We were on the Outer Banks of North Carolina, in Nags Head, and traveled to Ocracoke Island by ferry. It is a lengthy ferry ride, about ten miles as it winds around shoals that would stop and probably destroy the boat. I chatted with one of the crew, an employee of the State of North Carolina, and told him that I hadn’t yet been told how much the trip would cost me. Nothing, he replied. It’s free. We were certainly prepared to pay our way. That’s quite a gift from the State of North Carolina.

Still the good people of North Carolina, and certainly their elected representatives, know that government is nothing but a problem in the way of the people. So imagine our surprise when we stopped at the Ocracoke lighthouse to discover that the feds, those doggoned feds, built the light house in the eighteenth century, before the ink on the Constitution had much time to dry, and rebuilt a sturdier one in 1825 that is still working today to keep ships off the rocks and shoals.

Then we mailed a couple of cards to our granddaughters. You guessed it – we relied on the Postal Service that the feds set up and ran since Ben Franklin, that old self-reliant founding patriot, ran the thing even before the Constitution was written. The old Founders, they certainly knew how to use the government to benefit the people. Guess no one told them they weren’t supposed to.

Daily we checked NOAA, the National Oceanic and Atmospheric Administration, the federal agency that includes the weather service. Perhaps you didn’t realize it, but all those private meterologists on every television and radio station are basing their forecasts on weather data collected, analyzed and distributed by the federal weather service. Lawyers by the way, contact the weather service for information about the weather at the time of events being litigated – there’s no need to replicate Lincoln and his famous use of an almanac to get an acquittal for his client. Weather service data are recognized and relied on as authoritative virtually universally.

We drove back on U.S. highways, both in North Carolina and between there and Albany. Yes roads the government built. In good shape too. In fact some of the first roads in the United States were postal roads, built by Uncle Sam.

We had some great dinners. But I sure hope the health department was checking up on those places – it’s pretty darn hard for a traveler to know much about what’s going on in the kitchen. And we have sometimes had some pretty bad experiences despite our best efforts.

I expect MORE from our government, not less.

Steve Gottlieb is Jay and Ruth Caplan Distinguished Professor of Law at Albany Law School and author of Morality Imposed: The Rehnquist Court and Liberty in America. He has served on the Board of the New York Civil Liberties Union, and in the US Peace Corps in Iran.

The views expressed by commentators are solely those of the authors. They do not necessarily reflect the views of this station or its management.

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