Ron Paul’s Principles of a Free Society

Recently, Lew Rockwell (with whom I disagree on many things) posted a list of Principles of a Free Society attributed to Ron Paul.  I thought this would be a good topic for  my first post of the new year.  I’ll list them, and comment on them one by one.

1. Rights belong to individuals, not groups; they derive from our nature and can neither be granted nor taken away by government.

This is the very foundation of the Founders’ view of what America ought to be, stated quite clearly and succinctly by Jefferson in the Declaration of Independence and the basic principle on which individual self-government and federalism are based.  This is the core of American exceptionalism—rights belong to the people and government power derives from the voluntary yielding of some rights in exchange for social order.  As Jefferson wrote governments “…derive their just powers from the consent of the governed).

2. All peaceful, voluntary economic and social associations are permitted; consent is the basis of the social and economic order.

Another point the Founders’ clearly held, and enshrined in the 1st Amendment’s limitation on Congress to ‘make no law…abridging…the right of the people to peaceably assemble.” Fundamentally, the government should not interfere in any assembly of any kind, so long as it is peaceful. Strong rhetoric, unpopular topics, ‘discrimination’ or any other concern do not justify preventing free association, and the 1st Amendment is clear—Congress may make no such laws.

3. Justly acquired property is privately owned by individuals and voluntary groups, and this ownership cannot be arbitrarily voided by governments.

The right of persons to be secure in their properly is meaningless if the government can simply expropriate property for any reason whatsoever. Recent court decisions have concluded that increased taxes from a new owner are sufficient reason for government not only seizing property, but handing it over to a new private owner (cf. Kelo).

4. Government may not redistribute private wealth or grant special privileges to any individual or group.

As Jefferson wrote, we are all equal and have the same rights and privileges, and with that I have no argument. The problem with the first part of this statement is that ‘redistribution of wealth’ could be read to prohibit the government from taxing for any purpose whatsoever. If read in the most extreme way, building a police station in one part of town with money taken from the whole town would be ‘redistribution’ (e.g. the property or income taxes from a ‘rich’ part of town would subsidize a ‘poor’ part of town and thus could be called ‘redistribution’). If this is meant to object to transfer payments (e.g. social security, unemployment, welfare), then it could be stated in a better way.

5. Individuals are responsible for their own actions; government cannot and should not protect us from ourselves.

This is a general statement that would address restrictions on drug use, seat belts, motorcycle helmet use, etc. I also likely applies to other things like the FDA, FCC, FDIC, etc. I agree this should be a guiding principle, but this kind of thinking can easily lead to the ‘tragedy of the commons‘. There is a balance here, but I acknowledge that finding it is quite difficult. I’m not prepared to simply discard all social compacts with regards to certain types of behavior. I think the balance is found by measuring the impact of the action (e.g.drug use, helmet use) on the individual vs. on the society.

6. Government may not claim the monopoly over a people’s money and governments must never engage in official counterfeiting, even in the name of macroeconomic stability.

An end to central monetary policy (e.g. the Federal Reserve) and ‘fiat’ (i.e. unbacked) currency. I would add to this (and perhaps it is included in the text) the fallacy that government debt is a good and necessary thing. Perhaps more than any other thing, government manipulation of currency has created significant economic dislocation and destroyed the nuclear family (I’ll address this in a future post).

7. Aggressive wars, even when called preventative, and even when they pertain only to trade relations, are forbidden.

This (along with other foreign policy ideas) is where I seriously depart from Congressman Paul (and other isolationist libertarians). My degree is in history, and the history of the world shows quite clearly that there are times and places when immediate, aggressive military action is required and in the best interest of nations. Waiting for the enemy to attack is foolish (i.e. rejecting preventative strikes). With regard to trade, while it should be the policy of every nation to trade freely and openly, those who refuse to do so should never be allowed to take advantage of those who do. I’m no fan of war, but I am sure that a strong military, and the will to use it, are necessary to the safety of a free people.

8. Jury nullification, that is, the right of jurors to judge the law as well as the facts, is a right of the people and the courtroom norm.

Perhaps the single most effective change we could make to limit the power of government. The entire point of the jury system was a check on government power. Sadly, the jury (both petit and grand) has become a tool of prosecutors and government, rather than a check on its power. Simply put, a jury should ask three questions in any case: 1) Did the accused do what the government said. 2) If so, should what they did be reasonably called a ‘crime’? 3) If so, does the punishment fit the crime. If the answer to any of these is ‘no’ then the jury acquits the defendant. Of course,  mentioning ‘jury nullification’ or even hinting at it will get you in serious trouble with most judges and prosecutors. so if you are going to practice it, be very, very careful.

I do acknowledge that ‘jury nullification’ has been abused (e.g. by white juries refusing to convict whites of crimes on blacks), but those abuses did not and do not justify turning juries into tools for prosecutors.

9. All forms of involuntary servitude are prohibited, not only slavery but also conscription, forced association, and forced welfare distribution.

I’m assuming he does not mean to say that prison sentences are prohibited (though one could read his statement broadly enough to do so since he does say ‘all forms’). Generally, I agree that this should be the case, but because government is prohibited from discriminating, there will be cases (few and far between) where one might be forced to associate with those who one otherwise would not wish to. In private activities, we should be free to determine who we wish to associate with (e.g. Boy Scouts only allowing males and not permitting homosexual leaders is perfectly OK, so long as none is forced to participate).

10. Government must obey the law that it expects other people to obey and thereby must never use force to mold behavior, manipulate social outcomes, manage the economy, or tell other countries how to behave.

I agree governments must follow the law, but since ‘force’ is often interpreted by libertarians to include basic police powers, financial incentives, tax policy, etc, I can’t agree with the foreign policy piece on this. There are, as I noted above, times and places where aggressive foreign policy (via trade, military, alliances, etc) is necessary to keep the peace and ensure free passage of the seas and global trade. In addition, all government activity will manipulate social outcomes in one way or another. Unless there is no government, there will be some amount of manipulation. The effect of this manipulation can be greatly reduced by ensuring something that is missing from the above—an eleventh item:

The free movement of people, goods, ideas and capital should not be hindered.

In other words, everyone is free to move where they wish, trade where they wish, send money where they wish and communicate where they wish. This one simple statement dramatically reduces the power of government as people may then vote with their feet and their wallets. Governments would have to compete for productive citizens who could move at will. This was how the US worked before federalism was destroyed—if you did not like the way things were in your county or state, you moved to one that was better for you. Federal overreach has pretty much undone this. It needs to be restored and expanded across the globe.

Occupy Wall Street has the Wrong Target

And I’m back after a brief hiatus due to family and work, which must take priority

Occupy Wall Street (which is blockading West Coast ports) is missing the target.  One of their big complaints is against banks and investment firms, yet they ignore the following outrage (from Lew Rockwell’s blog):

Top Obama Officials come from Goldman Sachs

Goldman Sachs runs the Federal Government

And it’s not just Obama, Clinton and Bush had ex-Goldman employees in key posts.  And lets not forget former Senator (and New Jersey Governor), Democrat John Corzine.  And it’s not just Goldman, either, this is just the most egregious example. If Occupy Wall Street wants to stop the crony capitalism that is responsible for the banking mess, they need to start with the Executive Branch.

The bigger outrage? Top Democrats, such as Nancy Pelosi, support OWS, as does the White House. And yet, they hire exactly the people that OWS thinks are responsible for all our economic problems. I’d say throw them all out, but sadly, at this point, they would be replaced by Republicans who would do the same thing. Given the money and power involved, it’s hard to see how this symbiotic relationship of money-men and politicians can be stopped short of a revolution.

Limiting campaign donations won’t solve the problem, neither will eliminating the Federal Reserve. Our political ‘leaders’ are selling us into serfdom to enrich themselves and gain power. We are already toiling at least half the year to feed the greedy maw of government at all levels. The solution is a complete remaking of government to return to our founding principles of limited government. Until then, the politicians will suck us dry.

OWS is being used. They need to wake up and understand that the real enemy is not the banks, but the government. That’s where OWS should be protesting, not looking for support!

All Our Heroes Have Feet of Clay

I’m reading the excellent biography of Steve Jobs by Walter Isaacson. In this book, we find that Steve Jobs was not perfect—he had many defects in his behavior. All the detractors are trumpeting these flaws and fans are cringing. What everyone fails to realize is that ALL of our heroes have feet of clay.

This is something that came to me when I was looking at a list of people I admire that I had put on my Facebook profile. Each and every one of them had failings or flaws. Each of them was tainted in some way. And yet, they achieved things which were amazing.  Here’s a partial list:

  • Martin Luther King—his personal life was not exactly something to admire, but his public life was inspiring. His dream of a day when we would have a nation where people  ’will not be judged by the color of their skin but by the content of their character‘ inspires me to reject all forms of discrimination as backwards and to some extent, crazy.
  • Steve Jobs—To call his personality mercurial and his style demanding is an understatement. Read the book. You’ll know what I mean. But if that’s the price for my Mac, my iPhone, my iPad and all the other cool tech, so be it. I wanted him to deliver amazing products. And he did.
  • Pete Rose—A 17-time All Star, he belongs in the Hall of Fame. Not putting him there is a disgrace and an example of blindness by MLB. I agree he should have been disciplined for breaking the rules against gambling, but banning him from the HOF? Simply spiteful. Pete Rose holds the major league record for hits in a career. One of the best offensive players in the game and someone who played any fielding position (2nd Base, Right Field, Left Field, Third Base, First Base—the only player to ever play 500+ games at 5 positions).
  • Thomas Jefferson—Owned slaves. Sally Hemmings. Need I say more? And yet, if you read my blog regularly, you’ll see I have admiration for his political ideas, his leadership during the Revolution and his contribution to freedom.

I could go on, but I think you get the point. Sure, Steve Jobs had characters flaws. I certainly do. Just ask my kids and I am sure they could go on at length. In fact, if you want a dose of humility, do exactly that (though you cannot take any action against your kids for being honest with you).

There is a general point to take away from this-that when someone tries to dismiss an historical figure you admire because they had flaws, point out that every one has flaws and that the question is, on balance, did they do more good or bad. Historical revisionists who try to minimize the import ants of a Jefferson or Washington because of their clay feet do a disservice to everyone and are dishonestly trying to further their own agenda. Ask why they are saying what they are saying and you’ll discover the agenda.

We all have flaws. Get used to it. Deal with it. Embrace it. Think different. Live different. And accept that people are not perfect. Life is a lot more fun and interesting that way.

Remember, Remember the 5th of November….

Sadly, most of the people who are wearing Fawkesian masks have no idea who Guy Fawkes was, nor what he was trying to do. Of course, these are the same people who do not see the irony in protesting and clamoring for more regulation whilst complaining about government regulation! Such is the state of education and logical thought in the United States.

On this 5th of November let us review the facts, the fiction and the popular ‘knowledge’ (at least here in the Colonies) about Guy Fawkes. Sadly, the most popular caricature of Guy Fawkes in the US (and likely most places now) is the masked anti-fascist ‘V’ in the movie V for Vendetta. But this caricature is at odds with the character in the graphic novel by Alan Moore, and even more at odds with the real Fawkes.

In the graphic novel, ‘V’ is an anarchist fighting for freedom and liberty against an over aching, authoritarian state. The government, in a never-ending quest for order, is snuffing out the last bits of individual freedom. It is this that the novel’s ‘V’ fights against. He is opposed to strong government and wages a terrorist campaign against it. No mere protestor, he would not find common cause with the Occupy Wall Street folks in their demands for more government regulation, spending and restrictions on liberty, though he likely would side with them on the more libertarian complaints about not being permitted to protest or otherwise use public space without the permission of the government.

The real Fawkes was a monarchist. His issue with King James I was that James was not Catholic. Fawkes plot was to kill King James (and as may of the Lords as they could take with him) and establish Elizabeth on the throne as a Catholic queen. In other words, far from being a libertarian or an anarchist, the real Fawkes was a religious zealot involved in one of the many Protestant/Catholic succession battles raging across Europe (e.g. The Thirty Years War) form the time of Martin Luther‘s 95 Theses. Unfortunately, because of the speech made by ‘V’ (quoted below) people believe Fawkes was a freedom fighter and opposed government. That’s just one of the historical inaccuracies in the movie (another is the direct reference to Fawkes at the beginning—Fawkes was not hung, he leapt to his death from the gallows before they could hang him).

If you walked up to the average person who is wearing the Fawkesian mask and asked them about Guy Fawkes, they would likely not know who you were talking about, and would either confuse him with ‘V’ or simply shrug and ask ‘who?’ whilst disputing your identification of their mask as an image of Fawkes. And if you pointed out that Fawkes was a religious zealot they likely would be aghast or insist that it was ‘V’ they were representing. The thing is, if that’s the case, why are the asking for more government, rather than less? They are at odds with the ‘V’ invented by Alan Moore.

Of course, in the end, if pressed, they could claim to be supporting the ideas of a popular revolt instigated  by V as in the movie. But was this revolt against corporations? No. Was it against the rich? No. It was against government overreach. It was against a government which had used promises of ‘order’ to take away individual liberty. It was against a government which constantly spied on the people. But these are not the complaints of the Occupy movement, nor of their supporters in radical unions like the SEIU or the marxists of the former ACORN (who are involved in paying people to protest in New York).

V said in the movie:

People should not be afraid of their governments. Governments should be afraid of their people

The occupy crowd has missed their target. It is not corporations that are the problem, it is government. Yes, corporations influence the government, but in the end corporations are creatures of government (regulated in every way conceivable, created by laws passed by the government, run under laws passed by the government). In fact, one could say that corporations are simply a method for government and politicians to funnel money from the public sector to their own use.

Want to solve the problem? Your target is in Washington, DC. Not on Wall Street. The Wall Street moneymen have this figured out. Until the OWS protestors do, they’ll never win. For a generation that loves Zombie movies, you would think they would understand. Until you destroy the brain or sever the head, the Zombie keeps coming back.  The responsibility for this is clear, as ‘V’ pointed out:

But again, truth be told, if you’re looking for the guilty you need only look into a mirror.

Exactly. We created this system when we allowed government to become too strong. Until that’s fixed, until we take action against government power, we are guilty of our own demise as free individuals. Forgiving the historical inaccuracies, a final quote from V for you to ponder:

 More than four hundred years ago a great citizen wished to embed the fifth of November forever in our memory. His hope was to remind the world that fairness, justice, and freedom are more than words, they are perspectives. So if you’ve seen nothing, if the crimes of this government remain unknown to you then I would suggest you allow the fifth of November to pass unmarked. But if you see what I see, if you feel as I feel, and if you would seek as I seek, then I ask you to stand beside me one year from tonight, outside the gates of Parliament, and together we shall give them a fifth of November that shall never, ever be forgot.

I daresay Thomas Jefferson would agree. As always I ask ‘Quis custodiet ipsos custodes’?  The answer? Look in the mirror.

Like free trade? You can’t really be an isolationist if you do!

If you like free trade, you can’t really be an isolationist. You also can’t support recalling all armed forces to only defend our ‘home turf. The world just doesn’t work that way! And it never has. So long as there has been trade, there have been those who wish to profit from that trade via shortcuts. Shortcuts that involve tolls, blockades and outright piracy.

There are certainly a number of potential ‘free market’ or private solutions, including arming merchant vessels or creating mercenary companies to defend their clients. Some historical precedents show the potential problems there. Take, for example, the British East India Company which became, effectively, a law unto itself. The company used government granted monopolies and trade agreements to gain power, and eventually ended up issuing it’s own coinage and running India as a ‘company town’ and caused the ‘Opium Wars‘ in China.

The British East India Company was not an anomaly, as the Dutch, Danish, Portuguese, Swedish and French East India Companies show. And this is just one instance. Many of the India companies became de-facto private military powers. This is not something I think we want to contemplate. As an American, I feel safer with the US military. The United States has had a unique position in the world—our military has always been subject to civilian political control. Yes, there have been abuses, but almost always it’s the civilians, not the uniformed forces that are at issue.

Taking this a bit further, think about the size and scope a corporation would need to have to field a single aircraft carrier. A corporation which traded globally would need to field several. This kind of scope leaves Exxon Mobile, IBM, Apple and every other global corporation out of the equation. They simply cannot afford to field a private military force that would protect their interests. Even banding together, the costs would be so high as to give pirates and toll collectors such an advantage that ‘free trade’ would be impossible.

Generally speaking, large land forces are not a solution, nor are large numbers of land-based aircraft. Whilst the latter can provide some limited cover, it is ultimately naval forces which keep the sea lanes open for free passage of all. Recalling the US Navy as a coastal defense force would leave our shipping open to harassment globally, and create such risks that trade would diminish. Private military force is problematic as discussed above. That leaves only one practical solution—a forward deployed navy.

Only a nation-state can afford (if anyone can) to provide the necessary military power to protect shipping in far-flung corners of the globe. And this requires international cooperation as well. Even today, easily protected areas are rife with piracy because of a lack of available forces and lack of commitment to international cooperation.

Isolationism would only make the problem worse. The piracy problem plagues the Red Sea, Gulf of Suez, Gulf of Aden and Western Indian ocean—some of the most traversed waterways—despite attempts by several countries to prevent it. Lack of resources and lack of international cooperation allow the Somali (and other) pirates almost free reign. The same goes for the southern part of the South China Sea, the Molucca Sea, the Java Sea, the Celebes Sea, and the Banda Sea. Pirates from numerous parts of the Indonesian/Philippine region play havoc with private shipping in these well-traveled waters.

History shows that those who love free trade and believe that trade increase wealth (as I do) must devise a way to protect that trade from those who wish to stop it, steal it or toll it. And frankly, the only way to do that is with a forward-deplopyed navy. Isolationism will not work. It cannot work. And private militaries are even more frightful, as history has shown. Sometimes, the only solution is projection of power. And this is case where that’s true.

Rule by decree – the Imperial Presidency of Barack H. Obama

It seems that the President has decided to take the whole ‘Imperial Presidency‘ to the next (logical) level and start ruling by decree…and he’s trying to blame Republicans for it. And frankly, Congress is to blame, but not in the way the President is representing. Sure, the Senate (run by Democrats) is blocking his jobs bill, and the Republican House has different priorities, so the bill is going nowhere. And guess what? That’s exactly what is supposed to happen in our system. Eventually, public pressure on the House and Senate would grow to a sufficient point (and the President is in a perfect position to foster this with the ‘bully pulpit’) that action would be taken. Or the members would risk defeat in the next election.

Sadly, though, over the years, Congress has unconstitutionally abdicated its delegated powers and its authority to the Executive Branch. The entire system of checks and balances has broken down because of this. Now, rather than directly elected Representatives passing laws we have appointed bureaucrats who are, in the end, accountable to nobody. Because Congress has delegated the power, and because senior officials can’t simply be fired, there is no check on regulation, rule making and legislating from the Executive.

The US Constitution says (Article I, Section 7) that all laws must pass both Houses of Congress and be signed by the President (or, if he should veto the bill, then by 2/3 of each chamber). There are no provisions in the Constitution for any law to originated with the Executive (except in the case of international treaties). They must all originate in the Congress (and money bills may only originate in the House). Simply put, the notion that a government agency might, on its own, make laws, which subject citizens to specific punishments (including fines and prison) does not exist in the Constitution.

President Obama is not the first to do this, nor is he likely to be the last unless Congress reasserts its proper role and defangs the Executive branch, brining it back in line with the US Constitution. The reasons Congress has done this don’t really matter. What must happen is that Congress must reassert itself and take back all of this improperly delegated authority and rein in the ‘Imperial’ Presidency. They can do so at any time by simple legislation (e.g. requiring all regulation and rule making to be approved by Congress before going into effect). I can’t imagine a Senator or Representative voting against such a bill (how would you explain that to your constituents) and a Presidential veto would be quickly overridden.

It’s up to us to put an end to the Imperial Presidency. Demand that your Representatives and Senators support this, and if the don’t find someone to vote for who will. Democrats should remember that they won’t hold the Presidency forever (and there is a good chance note ven past January 2013), and support this, lest the next Republican President continue the trend. We got rid of the king in 1776—why would we want one now?

We live in a police state

I’ve commented on this before…but it needs to be said again (and again, and again)…

The United States is a Police State. Despite affirmation of certain natural rights in the US Constitution (i.e. those rights pre-exist and are independent of the US Constitution which merely affirms that they are rights to be protected), peaceful protestors on public land are being arrested. Again, whatever you think of the ‘Occupy’ movement (and I certainly don’t agree with them, as you can read in my post on the topic), they have the following rights:

  • To speak freely in public without government interference
  • To gather peaceably in public spaces without government interference
  • To protest and petition for redress of perceived grievences

All of that is in the 1st Amendment. As I noted before, the government does not appear to care. In October we’ve seem arrests in Chicago, New York, Boston, Des Moines, Seattle, Cincinnati and other cities. In most cases, arrests are for refusing to leave a public place that the government declares ‘closed’ at some point. Of course, arresting peaceful protestors has along history in the United States, despite our claims to free speech, free assembly and the right to protest (i.e. ‘petition for the redress of grievances). All one needs to do is look at Martin Luther King’s approach to see the response of the Police State when it feels threatened.

The threat of the ‘Occupy’ movement is not really against business or corporations or wealth, but against ‘business as usual’ in Washington, DC. While it’s true that the protestors are demanding reform, they miss the target when they direct it at corporations, business and wealth. The solution to their problem lies a bit south of New York, along the Potomac River, rather than along the Hudson River. As my fellow bloggers have pointed out, corporatism, supported by the wealthiest people in the country (those who are in Washington, DC) is the source of the problem.

I’ll point out that it’s not corporate ‘personhood’ that is the problem (after all, a corporation is a collection of shareholders, each of whom have natural rights that they do not lose simply because they band together), but the fact that Senators, Representatives and the President all support rent-seeking and other cozy, state/corporate relationships that harm the country and the people. If Congress and the President allowed a true free market, refused to allow rent-seeking, stopped interfering in markets, then corporations would actually have to compete for business, rather than have government-granted monopolies (e.g. your local cable company, wire-line phone companies, your local electric and gas company, etc). When governments grant monopolies, everyone loses. Except for the monopolist and his patrons in government, of course.

All that aside, the government-industrial complex is using the police to try to silence and control protest. That’s wrong. And it has to stop. We are the guardians of liberty and we need to keep a close eye on the government and insist that peaceful protest, even when it inconveniences us, must be allowed to continue, and the use of ‘public’ space must not be limited or controlled as a way to silence those availing themselves of their natural rights. Quis custodiet ipsos custodes? We do. Each and every one of us. Even when we disagree.

Chicago ignores 1st Amendment and arrests ‘Occupy Chicago’ participants

I have no love for the ‘Occupy’ movement and it’s crazy socialist/communist/fascist (yes, elements of all three) view on how to ‘remake’ American (and world) society, or their complete ignorance of basic economics. But I do support their right to peaceably protest. The first Amendment (applied to the states by the 14th Amendment) says, in part:

Congress shall make no law…abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

Last night, Chicago decided to violate this amendment. Oh sure, they claim to just be enforcing the law, but the Occupy Chicago protestors were peaceably assembled, availing themselves of their right to speak freely and to petition the government for redress of grievances. They were met with arrest once the clock passed 2300 local time, on the grounds that the public park was closed at 2300.

I am quite sure that the courts will find that the city acted within the Constitution, but this is only because the courts are part of the same corrupt system that seeks to deprive people of liberty and enforce the power of government, despite the clear, plain language of the US Constitution. On this I agree with the ‘Occupy’ movement—they have a right to assemble in public spaces, a right to present their grievances and a right to speak freely. Arresting them is not the solution. That’s the hallmark of a government that believes it controls every action of every citizen. Exactly the reverse of what America is supposed to be.