Author Archives: Tom Mullen

Duck Dynasty A&E dispute proves Civil Rights Act obsolete

Duck_Dynasty_s800x265TAMPA, December 20, 2013 – Immediately after A&E put Duck Dynasty star Phil Robertson “on hiatus,” the blogosphere exploded with reactions. Liberals decry Robertson’s alleged bigotry. Conservatives defended his right to free speech and freedom of religion.

99% of the commentary is wrong, of course. First, Robertson’s comments were not bigoted. Robertson merely quotes the Bible on homosexuality. He then says that it is not for humans to judge anyone. That is reserved for God.

You can’t be prejudiced if you don’t judge. He believes homosexuality is a sin, but nowhere does he indicate that anyone should be treated differently, either by the law or by individuals, because they are homosexual.

This has nothing to do with freedom of speech or religion, either. Those principles relate to government suppression of speech and religion. The government hasn’t threatened Robertson.

In fact, A&E’s response was the textbook libertarian answer to this kind of dispute. A&E’s management, representing the stockholders, exercised their own right to freedom of association. They have a right to terminate their business relationship with Robertson for any reason, provided it does not violate the contract they signed with him.

The other cast members have now released a statement implying they won’t do the show without Phil. The statement indicates that they are negotiating with A&E on what the future of the show may be.

It’s possible that the show will be canceled. Or, A&E might back down. Most likely, a compromise will be reached where the show goes on, Phil Robertson makes a public statement expressing regret for offending anyone, but standing by his Christian faith, and A&E welcomes him back on condition he doesn’t make public statements on this subject in the future.

Does anyone notice anything missing from these scenarios?

If you said “the government,” you’re correct. If this little media drama has proven anything so far, it is how unnecessary government is in resolving issues of racism or bigotry. The market does just fine.

It would do better if Titles II and VII of the Civil Rights Act were repealed.

Most of the Act prohibited discrimination based upon race, color, religion or national origin in either state or federal governments. There are legitimate constitutional concerns about giving the federal government these powers over the states, but even most libertarians aren’t losing much sleep. If ever there was a place to compromise strict constitutional principles, prohibiting bigotry in government is it.

Titles II and VII of the Act are another story. In those, the federal government is given power over the personal choices of the individual. Title II prohibited private business owners from discriminating in hotels, motels, restaurants, theaters, and “all other public accommodations engaged in interstate commerce.” Title VII prohibited employers from so discriminating.

This redefined the very idea of private property. No longer could individuals “dispose of their persons or possessions as they saw fit,” as Locke would put it. In effect, the government made itself part owner of all private property.

One does not have to be a racist or a bigot to be concerned. The response at the time was that American culture was so deeply ingrained with prejudice, especially towards blacks, that only the government’s heavy hand could solve the problem.

There are certainly cracks in that theory. For example, if there weren’t private business owners in the south who wanted to serve blacks, then why did they have to make it illegal to do so?

Questions only libertarians think to ask.

In any case, this is 2013, not 1964. The power given to the federal government isn’t necessary now, if it ever was. The Duck Dynasty incident proves that. Voluntary contracts will resolve that dispute and consumers will reward or punish that resolution with their decisions to watch or boycott.

Like all government solutions, the Civil Rights Act has largely achieved results opposite of its intentions. Affirmative Action spawns resentment against blacks when they get jobs because of their race over more qualified applicants. There is also resentment when the black is more qualified, because the white applicant quite reasonably suspects that race was a factor, even when it wasn’t.

Check black unemployment statistics during the fifty years before and after the Act was passed. The government has defeated black unemployment about as well as it’s made health care more affordable.

The market, if left free, would be an efficient dispatcher of racism. Employers who routinely hired less qualified employees based upon their race would soon find themselves outperformed by firms that hired purely based upon ability. In business terms, racism would be rendered extinct.

The same would hold for hotels, restaurants and other private firms that serve the public, in terms of their decisions of which customers to serve.

Not convinced? Here is a wager. Repeal Titles II and VII of the Civil Rights Act and allow individuals to make personal decisions based upon whatever values they hold. In the unlikely event that someone puts up a “Whites Only” sign on a restaurant, this writer – likely the worst restaurateur on the planet – will open for business across the street the very next week. My sign will say “Everybody Welcome.”

We’ll see who is still in business a month after that.

Tom Mullen is the author of A Return to Common Sense: Reawakening Liberty in the Inhabitants of America.

 

What Bible is Pope Francis reading?

popeTAMPA, December 18, 2013 – There has already been a lot said about Pope Francis’ EVANGELII GAUDIUM, in which he is critical of free markets. Reactions by Christian proponents of capitalism have ranged from respectful disagreement to full-on denial that he was critical of the market at all.

The latter group is not facing reality. While having since clarified that he is not Marxist, the pope clearly rejected the laissez faire approach to the market in favor of the highly regulated, redistributionist model promoted by the left. His offering is chock full of the usual sophisms leftists use to justify overriding freedom of choice in exchanges of property.

There is no need to address each of the pope’s arguments against free markets from a purely economic perspective. Tom Woods has already done this thoroughly during his December 6 episode of the Tom Woods Show, “Pope Francis on Capitalism.”

What is more surprising than the pope’s leftist economic ideas is his ability to ignore the overtly pro-capitalist themes in the gospels themselves. Jesus’ teaching consistently holds capitalists up as heroes. He never once even hints that the government should direct economic affairs.

The misconception that Jesus’ message is anti-capitalist probably stems from the same confusion that pervades all leftist thinking: the inability to distinguish voluntary from coerced human action. Jesus often exhorts his followers to voluntarily give to the poor. Nowhere in the gospels does he suggest that the Romans or the vassal Jewish government should be empowered to tax the wealthy to provide for the poor.

Tax collectors are de facto sinners, remember?

Jesus also warns against the temptations that great wealth may expose one to. Being consumed with accumulating wealth to the exclusion of all other concerns leaves no room for devotion to God or charity to one’s fellow man. This is summed up in Luke 16:13 when Jesus says,

“No one can serve two masters. Either you will hate the one and love the other, or you will be devoted to the one and despise the other. You cannot serve both God and money.”

Again, Jesus charges his followers to manage their own passion for wealth. There is no suggestion that the government should be involved.

Jesus doesn’t expound on political economy because, as he told Pilate, “my kingdom is not of this world.” (John 18:36). However, his parables have consistently pro-capitalist themes.

In the parable of the bags of gold (Matthew 25: 14-30), the servants who choose to be capitalists with the master’s money are richly rewarded upon the master’s return. The servant who chose not to be a capitalist is not only not rewarded, he is “cast into the outer darkness, where there will be weeping and gnashing of teeth!”

Certainly, the story is symbolic. The money in the story represents the abilities given to each individual by God. But even on that level the story does not support the anti-capitalists. First, the master, the ultimate capitalist in the parable, actually represents God. Certainly, Jesus would have found another way to make his point if capitalists were de facto sinners (like tax collectors).

Notice also that the servant who chooses not to invest the master’s money is the one given the least. Symbolically, he represents the person who has the least natural gifts or who is born to disadvantage. Does Jesus suggest that the other two servants should be taxed to help him? No. The most disadvantaged servant is expected to do the best with what he has. He isn’t punished because he achieves less. He is punished because he fails to try.

In two other parables, Jesus represents God as the owner of a vineyard. In Matthew 20: 1-16, he makes the point that it is never too late for salvation and that a repentant man can claim the same salvation as one who has been devout all of his life. He represents salvation as wages paid to laborers. When a laborer who worked longer complains that he is paid no more than one who only worked an hour, the master replies,

“Friend, I do thee no wrong: didst not thou agree with me for a penny? Take that thine is, and go thy way: I will give unto this last, even as unto thee.”

Again, the message is spiritual, but Jesus uses the very libertarian, capitalist idea that no one is entitled to any more wages than both parties voluntarily agree to.

God is again depicted as the owner of a vineyard in Matthew 21: 33-41. In this parable, the vineyard owner is even more overtly capitalist. Verse 33 in particular highlights that it is the previous work of the owner in planting the vineyard, hedging around it, and building a tower that makes the land productive before it is ever rented out to the husbandmen.

In other words, the capitalist has sacrificed his own consumption in the present to invest in land and capital goods to improve the productivity of the land. This has created an opportunity for the husbandmen to be more productive by working on the owner’s land than they would be on their own, without the land or the capital goods the owner has provided.

The owner then enters a voluntary agreement with the husbandmen whereby each party keeps part of what is produced. Both owner and husbandmen benefit from the agreement. The owner is entitled to the profits because he is the one who created the opportunity by sacrificing his own consumption in the past.

The husbandmen are evil specifically because they act like Marxists and renege on the agreement. They kill the owner’s agents and even his son, hoping to seize all of the wealth for themselves.

In verse 41, Jesus teaches that the owner will destroy the Marxists and rent the land to other husbandmen who will make him profits. The right of the owner to profits is affirmed, the idea that the workers are being exploited or should be able to take more than the owner has agreed to pay them is completely absent.

Nowhere in any of these parables are socialist ideas advanced. On the contrary, God is consistently represented as a capitalist and his children judged by how profitable they are to Him.

While the purpose of the parables is to teach a spiritual lesson, these are not the literary tools that an anti-capitalist author would employ. Jesus’ pro-capitalist bias couldn’t hit one over the head any harder, prompting the question:

What Bible is Pope Francis reading?

Tom Mullen is the author of Where Do Conservatives and Liberals Come From? And What Ever Happened to Life, Liberty and the Pursuit of Happiness? Part One and A Return to Common Sense: Reawakening Liberty in the Inhabitants of America.

Mr. Obama, tear down this data center

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datacenterTAMPA, December 17, 2013 – A federal judge’s ruling Monday confirmed what a majority of Americans already knew. The National Security Agency’s indiscriminate gathering of data on every phone call made in the United States is unconstitutional. Calling the government’s data gathering technology “almost Orwellian,” Judge Richard Leon said that James Madison would be “aghast” if he knew the government was encroaching upon liberty in such a way.

According to USA Today, he also pointed out another thing most Americans already knew. The program never has and likely never will prevent a terrorist attack.

“Given the limited record before me at this point in the litigation — most notably the utter lack of evidence that a terrorist attack has ever been prevented because searching the NSA database was faster than other investigative tactics — I have serious doubts about the efficacy of the metadata collection program as a means of conducting time-sensitive investigations in cases involving imminent threats of terrorism,” the judge said.

The judge limited his ruling to the plaintiffs in the case, leaving constitutionality open for other courts to decide in other cases. The ruling is expected to be the first of many, with an expectation that the issue may eventually find its way into the Supreme Court.

Then, it’s “rights roulette” as Americans sit on the edge of their seats wondering if the government’s black-robed high priests will pronounce away more of their freedom.

It doesn’t have to come down to that. President Obama could take matters into his own hands and actually be acting within the constitutional limits of his power for a change. The president could order the NSA to cease its program, citing the federal judge’s ruling as his authority.

The president is charged to “take care that the laws are faithfully executed” by Article II Section 3 of the Constitution. That includes the laws against murder and terrorism. But the constitution doesn’t tell him how to perform that duty. It does prohibit him from doing so in a way that would violate his oath to “preserve, protect and defend the Constitution of the United States.”

A federal judge just ruled he is doing precisely that.

The president’s legacy is in serious jeopardy. He is already accused of lying to the America people, repeatedly for years, about the legislation that informally bears his name. Controversy over his administration’s handling of the Benghazi incident persists.

Despite Pollyanna assurances to the contrary, the U.S. economy remains in a depression, complete with double digit unemployment rates and Hoovervilles. Deciding not to count millions of able-bodied Americans who aren’t working and ignoring formerly middle class people living in tents under bridges doesn’t change that.

However, none of this will damage Obama’s legacy in the long term. As I’ve said before, history will not be concerned with health care programs or unemployment rates. It will be concerned with who attacked the fundamental principles of freedom and who risked everything to defend them.

President Obama campaigned against Bush era civil liberties violations in 2008. He denounced torture and promised to close Guantanamo Bay. It remains open.

He condemned the very domestic spying programs at issue here when run by the Bush administration, then sent his lawyers into court seeking legal justification to expand them even further. His administration has built a massive data center in Utah to store the ill-gotten information for as long as the government sees fit.

In an October 7, 2013 article, Siobhan Gorman of the Wall Street Journal called the data center “a symbol of the spy agency’s surveillance prowess.”

Warrantless government surveillance of its own citizens. Concentration camps where U.S. citizens could be tortured. Killing U.S. citizens without due process. This is the stuff legacies are made of.

The Alien and Sedition Acts still haunt John Adams’ legacy more than two centuries after his presidency. However, Adams’ other achievements in promoting liberty and peace overshadow them, including sacrificing a second term as president to prevent a disastrous war with France.

The Obama administration has accomplished nothing comparable. It continues to take a hard line against the whistleblower Edward Snowden who exposed the activity that a federal judge has now said violates the Constitution the president swore to defend. It has completed construction on a massive edifice dedicated to trampling the Fourth Amendment.

Unless he changes course now, this is what the president will be remembered for.

Mr. Obama, tear down this data center.

Tom Mullen is the author of A Return to Common Sense: Reawakening Liberty in the Inhabitants of America.

 

Gun statistics are irrelevant to the 2nd Amendment

640px-Weapons_confiscated_from_the_Kosovo_Liberation_Army_(1999)TAMPA, December 13, 2013 – The Washington Post is at it again. Days before the one year anniversary of the murders at Sandy Hook, the Post is running another piece asking readers “What’s your gun number? Share your gun story.”

Citing statistics is a central plank in the liberal war on private gun ownership. CNN host Piers Morgan began several televised “debates” with gun ownership proponents by asking them if they knew statistics on gun violence or gun-related deaths. It was partly just a ploy to try to catch his opponent without an answer and make him seem uninformed. Sometimes he was successful, sometimes not, but nobody gave him the right answer.

Statistics are irrelevant to the 2nd Amendment.

The 2nd Amendment protects each individual’s right to keep and bear arms. Even the Supreme Court agrees, its abysmal record protecting individual rights notwithstanding. An individual’s right cannot be infringed as a result of what someone else did. It can only be infringed as a result of what that individual did. That’s why we don’t choose people at random for prosecution when a robbery is committed. An investigation is made to determine the specific individual who committed the crime, so he or she can be tried and sentenced.

That’s why we have a 5th Amendment requiring due process. No individual can be punished unless it’s proven that individual committed a crime.

The statistics actually don’t support the gun grabbers anyway. The FBI website’s latest statistics show that violent crime in general continued to plummet from 2008 to 2012, amidst record gun sales. Murders were similarly down over the period, with the FBI reporting 12,765 in 2012. 8,855 were committed with firearms.

The U.S. Census Bureau’s U.S. and World Population clock listed the population of the United States at 317,233,035 at the time of this writing. Assuming that each of the murders committed with a firearm in 2012 was committed by a different person, .00279 percent of the population murdered someone with a firearm that year. In response, gun control advocates want to infringe the rights of the 99.720 percent of the population that did not commit a murder with a firearm.

As absurd as that may seem, it really wouldn’t matter if the numbers were reversed. If 317 million people committed murder with a firearm in 2012, the remaining 8,855 would still retain their right to bear arms. That’s how individual rights work. They’re individual.

Unlike economic freedom or privacy, this is one area where the advancing state seems to be losing. As confused as he might be on individual rights and the role of government, the average 21st century American seems to retain some latent common sense about the right to bear arms. Every time anti-gun propaganda intensifies, gun sales skyrocket.

Let’s hope that trend continues.

Tom Mullen is the author of A Return to Common Sense: Reawakening Liberty in the Inhabitants of America.

 

Washington’s Al Qaeda doesn’t exist and never did

al qaedaTAMPA, December 11, 2013 — For twelve years, the Bush and Obama Administrations have promoted a narrative about the War on Terror. It has changed slightly in superficial ways, as when President Obama gave it a new name, but the crux of the narrative has not changed. The United States is fighting a war against a worldwide terrorist organization called al-Qaeda, formerly headed by über-terrorist Osama bin Laden.

Americans are led to believe that this organization has a single mission against the United States and is directed by a hierarchy of terrorist leaders, all reporting up to a senior command located somewhere in Afghanistan. Many of the lawmakers and cabinet personnel who promote this narrative likely believe it themselves, at least to some degree.

Washington sees al-Qaeda the way it sees itself, a centralized, top-down hierarchy with a chain of command reporting up from every corner of the earth. It makes for a good story, but it’s not even remotely true. Virtually every incident involving this fictional organization refutes the narrative.

Veteran reporter Eric Margolis never did. He’s been reporting on the true nature of the Islamic militant groups from the very beginning. He should know what he’s talking about. He was embedded in Afghanistan in the 1980’s when bin Laden and what is now Al Qaeda and the Taliban were U.S. allies, fighting the Soviet Union.

For what it’s worth, bin Laden and other Islamic militants apparently regarded Margolis’ reporting as accurate. He was named as one of a small group of reporters who “fairly and accurately reported on the region” in alleged Al Qaeda letters released last year. Commenting on that release in “Osama’s Almost Letter to Me,” Margolis wrote,

“Al-Qaida was not founded by Osama bin Laden, as many wrongly believe, but in the mid-1980’s in Peshawar, Pakistan, by a revolutionary scholar, Sheik Abdullah Azzam.

I know this because I interviewed Azzam numerous times at al-Qaida HQ in Peshawar while covering the anti-Soviet jihad in Afghanistan. Azzam set up al-Qaida, which means “the base” in Arabic, to help CIA and Saudi-financed Arab volunteers going to fight in Soviet-occupied Afghanistan. In those days, the west hailed them as “freedom fighters.”

Margolis goes on to report that neither Al Qaeda in Afghanistan nor the Taliban had anything to do with 9/11. Their raison d’etre is fighting foreign troops within their borders. When the invaders were Soviet, they fought the Soviets, using similar but updated tactics to those previously used against the British. When the invaders were American, they fought the Americans. That’s what they do. Thus Afghanistan’s ominous nickname, “Graveyard of Empires.”

According to this alternate narrative, the “extremists” in Afghanistan had nothing to do with 9/11 nor any tangible connection to the group that perpetrated the attacks. Those were mostly Saudi Arabian nationals who planned the attack in Hamburg, Germany and Madrid. The only thing the attackers had in common with Al Qaeda and the Taliban in Afghanistan was hatred of the United States. But they hated the United States for different reasons.

The 9/11 attackers, being Saudi, most likely hated America for precisely the reason Osama bin Laden stated: U.S. bases in the Muslim holy land and (secondarily) its support for Israel. Al Qaeda and the Taliban in Afghanistan hated America because the United States invaded, ignoring the Taliban’s quite reasonable request for the U.S. to produce evidence of bin Laden’s guilt before demanding his extradition.

What Washington is calling “Al Qaeda in Syria” is also a completely different group. They exist to overthrow the Assad regime. Since that regime is a longtime ally of Russia’s, the U.S. has actually supported these rebels, amidst heavy criticism from within Washington’s ranks that the Obama administration is supporting Al Qaeda. This was apparently confirmed when Syrian Jabhat al Nusra Front chief Abou Mohamad al-Joulani pledged allegiance to al-Qaeda leader Sheik Ayman al-Zawahri.

However, the pledge of allegiance actually supports the alternative narrative, not Washington’s. It is apparent from the reports on the pledge that the Syrian group had no previous connection to Al Qaeda in Afghanistan. It came immediately following an announcement by the Islamic State of Iraq that al Nusra was part of its network.

The ISI is one of many militant groups that filled the vacuum left after the U.S. withdrawal from Iraq and which had no active presence before Saddam Hussein’s regime was toppled. ISI similarly pledged allegiance to Al Qaeda in 2004 while fighting U.S. forces in Iraq.

According to The Telegraph’s April 10, 2013 report, Syria’s al-Nusra pledges allegiance to al-Qaeda,” al-Joulani (al Jawlani) was quick to clarify the relationship with ISI:

“We inform you that neither the al-Nusra command nor its consultative council, nor its general manager were aware of this announcement [the announcement by ISI]. It reached them via the media and if the speech is authentic, we were not consulted,” Jawlani said…We reassure our brothers in Syria that al-Nusra Front’s behaviour will remain faithful to the image you have come to know, and that our allegiance (to al-Qaeda) will not affect our politics in any way,” he added.”

In other words, the Syrian rebel group al Nusra was a group organized around toppling the Assad regime in Syria. It pledged allegiance to what Washington calls “Al Qaeda in Iraq,” but which is really the ISI. The ISI in turn was a group organized to fight U.S. forces in Iraq, with the long term goal of establishing an Islamic state there after U.S. forces withdrew.

None of these groups were part of a worldwide, centralized organization to fight the “Great Satan.” Instead, they are all disparate groups which formed for different, localized reasons and discovered after the fact that they all had a common enemy, the United States. The one exception to this is the group in Syria, whose western, industrialized enemy is Russia. That is why “al Qaeda in Syria” has sought to work with the United States instead of fight against it. The United States is useful in its goal of toppling the Assad regime and establishing an Islamic state in Syria.

All of this leads to one, inescapable conclusion. The United States has accomplished nothing in twelve years of war in Afghanistan and Iraq. The Iraq War actually expanded the presence of Islamic militant groups and led to a fundamentalist Islamic state there, with strong ties to Iran.

Rather than waging a war against a centralized, top-down organization with divisions in several Middle Eastern countries and agents embedded all over the world, Washington is actually playing a deadly game of “whack a mole,” with new moles popping up out of new holes every time Washington swings its mallet.

That means that triumphant announcements about killing “the number three man in Al Qaeda” mean absolutely nothing. That Al Qaeda hierarchy doesn’t exist. Instead, independent groups all over the world discover a kinship with each other all centered around one phenomenon: U.S. intervention in their nations. Intervention could be military, covert or merely aid to a local dictator.

Iranian militants hate America because the CIA helped overthrow their democratically-elected government in 1953 and then maintained the hated Shah as dictator there for almost three decades afterwards.

Militant groups in Saudi Arabia hate America for maintaining the Kingdom of Saud and for the additional insult of previously garrisoning troops in their holy land.

Militant groups in Iraq hate America for first supporting Saddam Hussein over the wishes of the Shiite majority and then destroying their country when Hussein became troublesome for the United States.

Militant groups in Afghanistan hate America merely because they are the latest western empire to invade their homeland. It will soon be apparent that they have expelled the United States the same way they did the Soviet and British empires.

The Tsarnaev brothers took direction from no one overseas. They just dreamed up their horrible crime and executed it. Their stated reason? U.S. military interventions in the Middle East.

That doesn’t mean the terrorists are justified. If a wife catches her husband with another woman and shoots him, no reasonable person would conclude that she “hated her husband for his freedom.” Acknowledging that cheating on her was the reason she shot him is not the same as condoning the murder. If she confesses to the murder and states her motive, nobody questions it.

Given the complete failure to accomplish anything in twelve years of war, the true, decentralized nature of the various Islamist groups and the likelihood that new ones will emerge wherever Washington intervenes, nonintervention seems to be the only effective way for Washington to reduce the risk of terrorism in the United States.

Washington should have learned this from the Cold War. Wherever nations succeeded in establishing communism, including in Viet Nam after the U.S. withdrawal, communism eventually died of natural causes. The only places it still exists is Cuba and North Korea, both still under siege by the U.S. military. The U.S. military presence in and sanctions on both countries have kept communist regimes in power long after their shelf life, solely because the people rally around their leaders in the face of a foreign threat.

History is repeating itself. Islamic fundamentalism is the new communism. The difference is that the U.S. is no longer capable of squandering its resources for decades whacking moles. It’s time to start playing the game smart, before America loses it for good.

Tom Mullen is the author of A Return to Common Sense: Reawakening Liberty in the Inhabitants of America.

 

The War on Terror has not made us freer or safer

Enduring FreedomTAMPA, December 5, 2013 — There has been predictable bluster about President Obama signing a deal with five other nations to begin the process of lifting sanctions on Iran in exchange for commitments by Iran not to develop nuclear weapons. Neoconservatives have howled that it abandons U.S. ally Israel and endangers the entire planet.

Regardless, it is a harbinger of things to come. Economic reality is forcing the United States to change its interventionist foreign policy. Normalizing relations with Iran is just one part of that puzzle. Without a realistic political solution to crushing entitlement liabilities, the only place to make meaningful cuts is in military spending.

As the U.S. government comes to grips with the inevitable, Americans should expect to hear quite a bit about the end of a decade of war and of the sacrifices so many have made to “accomplish the mission.”

There’s no doubt about the sacrifice, both in blood and treasure. It’s the accomplishments that should be evaluated with a high degree of skepticism.

A good percentage of the public seems to regard the Iraq War as a colossal mistake. President Bush took the fall for that, as did the Republican Party in two straight elections. President Obama campaigned successfully on the argument that Iraq was “the wrong war.” The United States should be concentrating on Afghanistan, he argued, from whence the 9/11 attacks and other terrorism supposedly originated.

Americans seem to accept this premise implicitly, but it is far-fetched justification for a decade of war and $5 trillion in additional debt.

Despite most of the 9/11 attackers being Saudi Arabian, Americans were told that Afghanistan must be invaded because Osama bin Laden and his Al Qaeda army enjoyed a safe haven there, where they “radicalized” new Islamic terrorists in a network of paramilitary training camps. By invading Afghanistian, Americans were told, the U.S. government could break up the camps and greatly diminish the threat of terrorism.

It all makes good sound bites, but almost none of it has any connection to reality. There is credible evidence that the 9/11 attacks were planned in Hamburg, Germany, not in Afghanistan. Whether that’s true or not, minimal critical thinking skills are required to arrive at the conclusion that an attack like 9/11 could be planned anywhere.

The Tsarnaev brothers proved that last April. Immediately following the attacks, there were several reports of authorities trying to establish that the elder Tsarnaev had traveled to Dagestan to “become radicalized.” This was a desperate attempt to keep the narrative going. Terrorists like Tsarnaev have to go somewhere in order to become fully committed to crimes like the Boston bombing.

Otherwise, the U.S. government really wasn’t accomplishing anything by invading and occupying Middle Eastern countries.

Ultimately, authorities concluded that Tsarnaev had changed his mind about joining a militant group in Dagestan and had been radicalized right here in the USA.

Whoops.

For the second time in two generations, America has spent over a decade at war in third world countries thousands of miles away. With the Taliban officially part of negotiations and likely to be a major force in post-war Afghanistan, if they don’t return to power altogether, Americans should face some harsh realities.

The first is that twelve years of war in the Middle East has accomplished absolutely nothing. There is no cause and effect relationship between the invasions of Iraq and Afghanistan and the risk of new terrorist attacks in the United States. There never really was. It just sounded good when passions were high and the government felt it had to “do something.”

It hasn’t made Americans freer at home, either. On the contrary, the past decade has seen American society adopt a national security state footing that bears far too much resemblance to 1930’s Germany. There might not be concentration camps or mass murders, but Americans certainly live in a “Papers, please” culture, complete with surveillance cameras on every corner and drones flying overhead.

It’s important to face these facts and learn from history if American doesn’t want to remain doomed to repeat it. America should mourn the dead, take care of the wounded and try to put its finances in order. But don’t let the government put a smiley face on this debacle.

Otherwise, our children may find themselves fighting the next unnecessary war. They already have to pay for this one.

Tom Mullen is the author of A Return to Common Sense: Reawakening Liberty in the Inhabitants of America.

 

The Thanksgiving Day deception: Exhibit A against public schools



Embarkation_of_the_Pilgrims (640x419)TAMPA, Fla., November 27, 2013 — Tomorrow is Thanksgiving Day and millions of schoolchildren couldn’t be happier. Not only will they have a fantastic meal on Thursday, but they get a mini-vacation from school. For at least the past week, they’ve been cutting Pilgrim hats and Native American headdresses out of crepe paper and listening to stories about the Pilgrims’ first few years in Plymouth Plantation.

Little do they know they’ve been lied to.

It’s not that what they’re told isn’t true. The Pilgrims did sail over on the Mayflower. They did face incredible hardship, losing half their numbers during the first winter and half of their supplemented numbers again during the second. The Indians did help them. Squanto really did advise them to put a dead fish under each cornstalk to help it grow in the New England soil.

But that’s not what saved them from starvation.

Governor William Bradford was quite explicit in his diary about the real reason the Pilgrims starved during the first two winters. It wasn’t because they were suddenly incompetent after prospering in England and the Netherlands for decades. It was because they set up a communist economy. The Pilgrims had reluctantly agreed with their investors to hold all property in common, under the erroneous assumption doing so would give the investors a faster return on investment.

It worked as well in 17th century New England as it did in 20th century Russia and China.

Bradford is also clear about what halted the “misery.”  It wasn’t Squanto’s gardening tips. It was because they abolished communism and set up a private property system. As Bradford writes,

“At length, after much debate of things, the Governor (with the advice of the chiefest amongst them) gave way that they should set corn every man for his own particular, and in that regard trust to themselves; in all other things to go on in the general way as before. And so assigned to every family a parcel of land, according to the proportion of their number for that end, only for present use (but made no division for inheritance), and ranged all boys and youth under some family. This had very good success; for it made all hands very industrious, so as much more corn was planted then otherwise would have been by any means the Gov. or any other could use, and saved him a great deal of trouble, and gave far better content.”

After establishing even this imperfect private property model, the Pilgrims never starved again. That seems pretty important, doesn’t it?

It’s not some minor detail like how they started wearing buckled shoes or how much beer they had onboard the Mayflower (they had quite a bit). It’s the crux of the Pilgrim’s story, why they starved and how they solved that problem.

There is a vital lesson the Pilgrims learned from this experience that schoolchildren should be learning as well. Bradford thought it important enough to include this aside before continuing his narrative:

“The experience that was had in this common course and condition, tried sundry years, and that amongst godly and sober men, may well evince the vanity of that conceit of Plato’s and other ancients, applauded by some of later times; -that the taking away of property, and bringing in community into a common wealth, would make them happy and flourishing; as if they were wiser then God.”

During their entire primary and secondary education, children will hear the Pilgrim story retold, using details taken from the very same primary source. They will hear about the Pilgrims starving and about Squanto’s fish trick, being led to believe that was what saved the Pilgrims.

They won’t hear the truth, even though one has to trip over oneself to tell the Pilgrims’ story without revealing it. Some may argue younger schoolchildren are too young for such a “political” subject, but they’re never too young to hear about how awful private property and free enterprise are or how the government saves us all from “robber barons,” or how human beings are a scourge upon the Earth that pollutes the air and destroys habitats.

One thing is certain. The very first events in American history are grossly misrepresented by the public school system (the earlier Jamestown settlers had a similar experience with communism, which the schools also fail to teach). It certainly doesn’t end there. Given the importance of what is omitted, it is hard to believe the omission is not intentional.

Regardless, the public school version of early American history begins by depriving schoolchildren of a vital lesson: private property is essential to human survival. Communism led to starvation in 1620 just as it did in 20th century Europe and Asia.

With an education that starts this way, it’s not hard to understand why these innocent kids grow up to support a $4 trillion government that recognizes no limits on its power.

Strike a blow for freedom. Pull your kids out of school.

Tom Mullen is the author of Where Do Conservatives and Liberals Come From? And What Ever Happened to Life, Liberty and the Pursuit of Happiness? Part One and A Return to Common Sense: Reawakening Liberty in the Inhabitants of America.

Obama violates oath of office with insurance letter

Obama-meets-with-insurance-company-execs_s640x427TAMPA, November 17, 2013 – In a desperate attempt to diffuse criticism of his administration over the Affordable Care Act (“Obamacare”), President Obama has once again broken new constitutional ground.

In a letter dated November 14, Director of the Center for Consumer Information and Insurance Oversight Gary Cohen informed state insurance commissioners that insurance policies rendered illegal by the legislation “will not be considered to be out of compliance with the market reforms specified below under the conditions specified below.”

The president has just violated his oath of office. No investigation is necessary. He’s put it in writing.

Read the rest of the article at Communities@ Washington Times…

Why a free market would work for health care

Doctor_655362410569_AP-676x450 (640x426) (2)TAMPA, October 26, 2013 – Conservatives are confused again, rejoicing in Obamacare’s early operational struggles. One would think that their only objection to the legislation has been that the Democrats wouldn’t run it efficiently. Maybe it was. After all, the Republicans ran a candidate against Obama that had implemented virtually the same program in Massachusetts, promising only to “repeal and replace.”

Replace?

Jon Stewart took the opportunity to join conservatives in criticizing the government’s performance during his interview with Kathleen Sebelius because he knew it wasn’t a principled argument. That the government didn’t have its website ready to handle the volume doesn’t address the principle of Obamacare.

This wrongheaded criticism by conservatives allowed Stewart to join in and appear to viewers as if he were being objective, while at the same time delivering the message that Democrats ultimately want Americans to accept: that “a market-based solution doesn’t work for health care.”

First, it is important to define “free market.” When attempting to do so, both conservatives and liberals tend to focus on competition, private ownership of the means of production and the profit motive. These are actually results of the free market, not defining characteristics.

The free market has only one defining characteristic: that all exchanges of property occur by mutual, voluntary consent. Period.

That the means of production are privately owned is a result of this, as no government acquisition of anything occurs by voluntary consent. Competition, too, occurs because customers are free to choose which products they buy or whether they buy at all. This motivates producers to make their products more attractive in quality, price or both. They are also motivated to operate at a profit, both for their own enrichment and in order to survive. Losing money eventually results in the dissolution of the firm.

Applying the definition, a free market in healthcare means simply that all exchanges of property, including the labor of doctors, occurs by mutual, voluntary consent. There is only one alternative to this: coercion. If all participants are not acting by voluntary consent, then some or all are being forced to make exchanges under the threat of violence if they don’t.

Anyone who doubts this should simply withhold the Medicare portion of his tax payments and see what happens next.

Stewart made a familiar argument that is compelling on its face. The free market doesn’t work for health care because patients in need of treatment are often not in a position to make choices the way they do when buying shoes or automobiles. Patients may be picked up in an ambulance delirious or even unconscious. It is unreasonable to assume those patients can make rational decisions about which hospitals they are taken to, which providers treat them or what treatments are administered to them.

Granted, but here’s the rub. Their situation is worthy of compassion, but it does not give them the right to force others to do their bidding. They have every right to ask for help, but not demand it. Their misfortune may not be their fault, but bad luck does not grant them a legal claim on the property of others. Nor does it give them the right to dictate the terms under which an exchange of property is to take place. That exchange either happens by mutual, voluntary consent or freedom is annihilated.

The same argument applies to those who simply cannot afford to purchase health care. Again, many find themselves in this position through no fault of their own. That doesn’t give them the right to use force on innocent third parties.

American governments were once constituted with the assumption that the government’s role was to ensure a free market. As John Locke said in his famous treatise, “The great and chief end, therefore, of men’s uniting into commonwealths, and putting themselves under government, is the preservation of their property.”

It is no accident that Thomas Jefferson had a resolution passed in Virginia declaring that Locke’s treatise was the basis for American liberty.

However, the argument against Obamacare is not just a moral but a utilitarian one. There are cause and effect relationships between the manner in which exchanges are made and the affordability of products. When all exchanges are voluntary, supply expands, prices fall, and wealth is distributed widely. That’s why real wages rose so dramatically during the 19th century, contrary to leftist myths.

When exchanges are involuntary, these cause and effect relationships are disrupted. It is no accident that the most heavily regulated and subsidized industries, like education and health care, are the most disproportionately expensive. Heavy regulation artificially limits supply. Forced subsidies artificially expand demand. Both interventions make prices go up. It’s simple economics.

The health care market suffered from both interventions long before Obamacare. Medicare and Medicaid alone make up about a third of all health care spending. Regulation regarding who can dispense care makes medieval guilds look liberal. It’s no mystery why the price of health care is outrageously high.

If the Republican Party is to remain relevant at all, it has to stand for something other than myopic cheap shots over inconsequential issues like the Obamacare website. It has to stand for freedom. If not, it’s time for it to step aside, as its forbears the Whig and Federalist parties did. There just might be a party waiting in the wings that more faithfully represents voters who truly want a more limited government.

Tom Mullen is the author of A Return to Common Sense: Reawakening Liberty in the Inhabitants of America.

 

If Congress can defund the 2nd Amendment, it can defund Obamacare

defundobama_s640x427TAMPA, October 28, 2013 – President Obama won a temporary victory in his standoff with House Republicans over funding the government and raising the debt ceiling. He signed a continuing resolution to reopen the government without conceding anything on his signature legislation, the Affordable Care Act. But continuing resolutions are temporary and this issue is far from settled.

Arguments by Democrats and some media that efforts to defund the Affordable Care Act are unconstitutional show their lack of understanding of how government actually works. Their claims that because the legislation was passed by Congress, signed by the president and upheld as constitutional by the Supreme Court, Congress has a constitutional duty to appropriate funds to execute the law illustrate just how woefully misinformed they are.

Former New Jersey Superior Court Judge and Fox News Senior Judicial Analyst Judge Andrew Napolitano explained, “Defunding permits to Congress to exercise the discretion it needs in order preserve tax dollars. By requiring yearly budgets and express appropriations, the Constitution expressly permits Congress to decline to pay for any regulatory scheme that it or a prior Congress has established.”

Professor of History and best-selling author Kevin Gutzman, Ph.D, J.D. says that the ability to defund enacted laws goes all of the way back to the Washington administration. Under President George Washington, James Madison proposed defunding part of the Jay Treaty. Moreover, he explains that delegates who ratified the Constitution were specifically told the House would have this power.

“Although virtually all historians miss this point, I note in James Madison and the Making of America that Madison had said during the Virginia Ratification Convention that the House would have this function in the treaty process, because it had this function in implementation of every law: it could refuse to fund it,” said Gutzman.

In fact, Congress defunds enacted laws all the time. Congress has defunded § 925(c) Exceptions: Relief from disabilities every year since 1992, for example. This is a law passed by Congress and signed by the president, just like the Affordable Care Act. The law provides a mechanism for convicted felons who have served their sentences to override the prohibition against convicted felons possessing firearms.

The Exceptions law helps mitigate the federal government’s war on the 2nd Amendment. Current federal law prohibits anyone convicted of a felony “in any court” to possess firearms (18 U.S.C. § 922(g). The only felonies excepted are offenses pertaining to antitrust violations, unfair trade practices, restraints of trade, or other similar offenses relating to the regulation of business practices.” (18 U.S.C. § 921(a) (20)(A).

The courts interpret that exception very narrowly. In Dreher v. U.S., 115 F.3d 330 (5th Cir. 1997), The U.S. Court of Appeals, Fifth Circuit found that a conviction for wire or mail fraud does not fall under the exception. Dreher was found guilty of billing clients for services not rendered. He is ineligible to own a firearm. The exception by no means encompasses all non-violent or even all white collar felonies.

In other words, even Martha Stewart is prohibited for life from owning a gun, due to Congress’ defunding of § 925(c). While it is debatable whether lying to a federal agent when not under oath should be a crime at all, no reasonable person would conclude that it should carry a life sentence. Yet this is effectively the case. It applies to people convicted of “crimes” as innocuous as unlocking their cell phones to accept more than one carrier, downloading copyrighted music, or even, in some states, adultery.

Regardless of one’s political positions on the Affordable Care Act or gun ownership, Congress’ is exercising the same power in defunding the health care law as they do when defunding the reinstatement process for firearm possession. The latter has passed Congress every year for over two decades without public outcry from either Republicans or Democrats, despite § 925(c) having been enacted by Congress and signed by the president.

There is a good argument to be made that persons convicted of non-violent felonies should automatically regain the legal right to possess firearms the minute they are released from custody. As soon as a prisoner is released, he is subjected to all of the dangers from violent criminals that justify anyone’s right to bear arms.

Congress’ defunding of § 925(c) makes that danger permanent, while defunding the Affordable Care Act actually safeguards Americans from a government fine that many still consider unjust, regardless of the Supreme Court’s ruling.

Liberals are suddenly exasperated that Congress would assert its power over the purse, but the knife cuts both ways. If Congress can defund the 2nd Amendment, it can defund the Affordable Care Act.

Tom Mullen is the author of It’s the Fed, Stupid and Where Do Conservatives and Liberals Come From? And What Ever Happened to Life, Liberty, and the Pursuit of Happiness?