Author Archives: Tom Mullen

Response to Letter from Senator Bill Nelson Concerning Independence Day

I received a holiday message from one of my senators with the customary admonishment about how grateful I should be to the government and its soldiers for my supposed freedom. I felt compelled to remind the senator that freedom is an inherent, inalienable right, bestowed by my creator and not by any government, and to refute this preposterous claim that invading third world countries is somehow making me freer. As one forced to pay for all of this, I find the claim particularly distasteful on the 4th of July. So, in the spirit of the holiday, I reprint his letter and my response here, so that the facts can be submitted to a candid world.

July 3, 2011

Dear Thomas,

I gave my Fourth of July message in the Senate this past week, and would like to share it with you.

Some 235 years ago this weekend, John Adams proclaimed that July 2 would mark the most memorable epoch in the history of America. It was on that day the Continental Congress declared the 13 colonies free and independent of Great Britain’s crown. It was two days after that when Thomas Jefferson’s Declaration of Independence was adopted.

And when did Americans first celebrate their independence?

Philadelphia is said to have thrown a big party on July 8, 1776, including a parade and the firing of guns. George Washington, then camped near New York City, heard the news on July 9 and celebrated then. But in 1781, Massachusetts became the first state to recognize July 4 as a state celebration. Ten years later, the young nation’s celebration was dubbed Independence Day.

This Independence Day, I hope every American will stop and think for just a minute about our freedoms – and just how much we owe those who came here long before us and mutually pledged to each other their lives, their fortunes, and their sacred honor. And let us also remember the young men and women who have died in defense of those freedoms.

We traditionally observe the Fourth with fireworks and fanfare, pomp and parade. But today we remain engaged in far-away struggles to promote and protect the rights of others who, like us, value freedom and independence. Many of our soldiers, sailors, airmen, Marines and Coast Guardsmen are spending their Fourth in Iraq and Afghanistan and other parts of world.

I recently was reminded of the commitment and selfless sacrifice demonstrated by one of America’s World War II veterans, who lives in my state of Florida.

U.S. Army Staff Sgt. Robert Rickel, of Boca Raton, served as a waist gunner on a B-17 Flying Fortress. Sgt. Rickel survived the daring bombing campaign of Schweinfurt, Germany in October 1943, and was awarded the Distinguished Flying Cross for his heroism or extraordinary achievement.

Sgt. Rickel and all the military members and all their families knew the risks and sacrifices they were making were worth it. As President Reagan once said, “Some things are worth dying for … democracy is worth dying for, because it’s the most deeply honorable form of government ever devised by man.”

Indeed, our democracy is something to celebrate. I wish everyone a Happy Fourth of July.

Bill

July 4, 2011

Senator Nelson,

The founders of our republic considered democracy “the most vile form of government” (James Madison). They did everything they could to try to limit the power that the majority had over the individual. That’s why they founded “a republic, if you can keep it” (Benjamin Franklin). Obviously, we have failed.

They also objected to the existence of standing armies during peacetime and would likely be taking up arms again if they were taxed by their government for anything other than defense of their own property. While I respect the courage and sacrifice of the soldiers, it is apparent that they are grossly misinformed. There is no cause-effect relationship between the wars that the United States has been involved in, at least since WWII, and what freedom we have left, which diminishes every day. I challenge anyone advancing this sophism to explain exactly how Americans would be less free if we had not invaded Korea, Viet Nam, Somalia, Yugoslavia, Iraq, or Afghanistan. Of course any such explanation would be a list of non sequiturs and absurdities.

As a net taxpayer, I grow increasingly irritated by the ubiquitous exhortations by politicians and media figures to be “grateful to the troops for my freedom,” with the implicit accusation that I am not grateful enough. Even if one accepts the preposterous claim that these wars are making us freer, the gratitude should be directed at those who pay for all of this. I see no reason why I should be grateful to someone whose salary, expenses, education, and sometimes even retirement are all paid for by me – while I have to try to pay for all of those same expenses for myself and my family with what is left after the government’s rapacious taxation.

I for one will not be celebrating our democracy today. Rather, I will celebrate our lost republic in the hopes that it can one day be restored. I hope you will consider my thoughts on this matter and govern accordingly.

Best regards,

Tom Mullen

Road to Independence Sets the Record Straight (Movie Review)

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Today, we celebrate another 4^th of July holiday with less understanding of what we’re celebrating than ever. For most 21^st-century Americans, the 4^th is simply a day off from work and an excuse to drink beer, eat hot dogs, and watch fireworks. Of course, there is nothing inherently wrong with pursuing such happiness. However, an understanding of exactly what it’s all about could only add to the enjoyment of the festivities.

If you want to do something different this year and discover the true meaning of the 4^th, you would do well to watch Road to Independence – The Movie, directed by Sirius Radio personality Mike Church for Founding Father Films. This animated feature bills itself as a “Docudrama,” defined as a historically-accurate dramatic film. For the majority of Americans who have been taught an incomplete or distorted version of American history, this film is not only historically accurate but highly entertaining.

The film opens with a prologue focusing on 4^th of July speeches by President’s Lincoln and Reagan, with voiceover narration warning that many U.S. presidents attempting to evoke the meaning of the Declaration of Independence “have gotten it so wrong.” The film thus sets up its purpose – to get the story right and allow the viewer to recognize past, present, and future departures from the ideals of the American Revolution by those leaders supposedly charged to uphold them. It is noteworthy that Church, known primarily for his conservative talk show dominated by criticism of the left, picked two Republican presidents as examples, demonstrating how pervasive the misunderstanding or distortion of those ideals has become.

After a clever animated sequence in which the film’s credits are written in script upon the parchment version of the Declaration itself, the film moves to an 1821 interview with Thomas Jefferson. His narration will frame the rest of the story, with frequent cutbacks to the interview to remind us that we are getting the story from Jefferson. However, while Jefferson’s autobiography and other writings were apparently one source for the content, the producers have obviously researched the events depicted in the film far beyond Jefferson’s own recollections.

Within the framework of Jefferson’s narration, the film also makes frequent departures from strict chronology in order to show the viewer how events in the characters’ pasts affected or were relevant to events happening in the present. For example, the film depicts the sad state of Washington’s army at Cambridge in January, 1776. Washington discovered upon taking command that not only was his army poorly fed, clothed, and equipped, but that they were also outrageously undisciplined, frequently drunk and infrequently bathed. From that scene, the movie flashes back to John Adams’ nomination of Washington for the command. At that time, Washington expressed reservations due to his modest military skills. He now finds that not only might he be inadequate to the task, but that his entire army might similarly be found wanting.

One of the film’s outstanding successes is the bringing to life of these iconic, quasi-mythical personalities. For most Americans, Washington, Jefferson, Benjamin Franklin, and John Adams are larger-than-life epic heroes. Other, equally important founders like George Mason and Richard Henry Lee are all but forgotten. Road successfully puts the importance of these characters in perspective and brings their personalities to life – showing how the different characters and temperaments of these historical titans affected the course of history. Particularly successful is the depiction of John Adams, at once brilliant and boorish, obnoxious (by his own estimation) and charismatic. As the Jefferson character relates in his narration, he was also a “colossus for independence,” without whom it may not have been accomplished.

In terms of historical facts, the film is chock full of them, both crucial and trivial. Among the latter category, the viewer learns that the Declaration of Independence was not in fact signed on the 4^th of July by most of the Congress, but only by the president and secretary. Other members signed it in August. As to more important revelations, we are startled to learn that even upon the eve of the July 2^,1776 vote to declare the colonies independent states, there were still many colonies unwilling to take that step. Out of 13, only 9 were ready to declare independence. South Carolina and Pennsylvania were both against independence on July1, while Delaware was split and New York abstained. The film does an outstanding job of depicting the political wheeling and dealing at the zero hour, including Ben Franklin’s persuading John Dickinson to leave the Congress before the final vote on independence that led to its unanimous passage.

The reluctance of the colonies to take the final step of separation from Great Britain is part of a larger motif that runs throughout the film. As the film’s voiceover narrator explains at the very beginning, the struggle was about “life, liberty, and the pursuit of happiness.” In other words, the colonists were primarily concerned with securing their rights, with separation from England only one possible means of doing so. Throughout the film, we are reminded of the lengths to which the colonists were willing to go to obtain redress of their grievances without leaving the British Empire. The division at the end was really between those who believed that they had no other choice but to separate and those, led by John Dickinson in the Continental Congress, who believed that protection of their rights could still be restored without resorting to rebellion and war.

The viewer also learns that the Declaration of Independence itself was not a groundbreaking piece of philosophy born solely in the mind of Thomas Jefferson, but rather the culmination of a long philosophical tradition that took shape over centuries. Jefferson himself tells us that “Virginia led us to independence,” and one cannot help but note the similarity of the Virginia Declaration of Rights, written largely by George Mason, to Jefferson’s more famous Declaration of Independence. Indeed, we learn that it is inaccurate to attribute the Declaration solely to Jefferson, as it was heavily edited first by Adams and Franklin and then by the Continental Congress as a whole. Rather than the work of one brilliant mind, it was an expression of the general ideas about liberty shared by virtually all of the founders in 1776, put into words by one chosen for his brilliance with the pen.

The film sets out to set the record straight on the American Revolution in general and the Declaration of Independence in particular for Americans whose leaders have “got it so wrong.” It accomplishes its goal not with heavy handed pronouncements, but with the facts themselves. The viewer is left to ponder the questions, “What did President’s Lincoln and Reagan (and most other presidents) get so wrong? What have I learned here that corrects those errors?”

Assistance is provided by the young man interviewing Jefferson in 1821. He asks if the Declaration “defined America’s mission.” Jefferson responds emphatically to the contrary. The founders were not interested in founding an empire with a collective “mission.” Instead, they were men who sought to live in a state of liberty and who quite reluctantly, after exhausting all other alternatives, decided that leaving their country was the only way to do so. The film captures this brilliantly when depicting the grave expressions on the congressmen’s faces after passing the resolution to separate.

As the father of a five-year-old girl, the fact that the film is animated immediately piqued my curiosity as to whether it would be appropriate for young children. It probably is a bit beyond the early grammar school student, not because of any “mature content,” but because the ideas expressed are just too complex for that age group. However, this film would be a perfect supplement to any junior high or high school American history course or for homeschool students age 12 and older. Its entertaining style and rich factual content would provide a strong foundation in understanding this crucial period in American and world history.

Overall, Road to Independence is an overwhelming success. Despite Church’s reputation as a highly-opinionated conservative radio host, this film succeeds in teaching without preaching and letting the facts speak for themselves, leaving the viewer to draw his or her own conclusions. Resisting the temptation to embellish the facts or invent composite characters for dramatic effect, the film successfully tells a story that already has all of the drama that it needs. Rather than semi-legendary figures who live only in paintings or marble busts, the founders come alive in this docudrama as flesh and blood human beings, complete with strengths and weaknesses, individual quirks, and a wide range of personalities. We experience first-hand the real people, historical twist and turns, and evolution of ideas that culminated in the Declaration of Independence and founding of the united States of America. I would recommend this film to all students of American history, both young and old alike.

For more information about this film or to order your DVD copy, visit Mike Church’s Dude Gear Store here.

Check out Tom Mullen’s book, A Return to Common Sense: Reawakening Liberty in the Inhabitants of America. Right Here!

Tom Mullen interviewed on the Mike Church Post Show Show

Can Ron Paul Really Be Right About Everything?

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I was in Jacksonville last Friday for an event called “Ron Paul on the River.” The Republican presidential candidate was supposed to speak there, but had to cancel at the last minute due to a Libya vote in the House scheduled on short notice. While it was disappointing that the congressman would not appear, the keynote speaker that appeared in his place was well worth the trip.

Doug Wead is a self-confessed former member of the Establishment. In addition to being a best-selling author and world-renowned speaker, Wead has worked as a special advisor to President George H.W. Bush and on the campaign of George W. Bush. According to Wikipedia, Time magazine called Wead “an insider in the Bush family orbit.”

A good portion of Wead’s speech in Jacksonville focused on issues on which he had formerly disagreed with Paul. At one point, he made the startling statement, “but now I agree with him on everything.” He encouraged Paul supporters to persevere through the difficulties of supporting an anti-Establishment candidate and to remember that “logic and the truth are on your side.”

It is not fashionable to admit that you agree with someone “on everything.” To say that you do is to invite the accusation of belonging to a personality cult whose members blindly follow their leader no matter what position he takes. Indeed, this criticism is leveled at Paul’s grassroots supporters, who are called “Paulites” by detractors, implying that they have a pseudo-religious devotion to Paul rather than informed positions on the issues.

In modern American political thought, where only the results of political action are considered rather than the rights of the parties involved, it is not considered reasonable to agree with anyone 100% of the time. For someone like Wead, whose living depends upon his credibility as an expert on those things he writes and speaks about, there is a certain amount of risk in making this statement. Yet he did it in Jacksonville without hesitation, emphasizing the words “on everything” to ensure that no one missed the point.

This immediately struck me, because it was the second time in as many weeks that I had heard a statement like this from someone who had something to lose by saying it. Appearing on The O’Reilly Factor, John Stossel answered O’Reilly’s assertion that Ron Paul hadn’t won the New Hampshire debate by saying, “But he’s right about everything and you’re wrong.” O’Reilly retorted, “Everything?” Stossel repeated, “Everything.” When O’Reilly pressed yet again with the same question, Stossel finally backed up to “Just about everything.”

Stossel is a television journalist, so credibility is arguably even more important to his living than it is to Wead’s. That is not all the two have in common. Stossel also admits that he regrets much of the first 20 years of his career when he attacked the free enterprise system and championed increased government regulation over business. Like Wead, Stossel was a member of the Establishment, albeit from the other side of its aisle. Now, despite the risk to his credibility, he says that Ron Paul is right about everything.

So is this some sort of quasi-religious devotion? Are Paul’s followers simply caught up in a mass hysteria over someone who is likeable and has demonstrated his integrity for so long that they abandon their reason to avoid critical examination of his positions? Isn’t it impossible for an intelligent person to agree with someone on everything?

The answer to all three of these questions is “no.” In fact, contrary to what conventional wisdom tells us, it is actually illogical to agree with Paul on some things and not others.[1] As I’ve said before, Paul is simply applying the central libertarian axiom to each issue. As long as he applies the axiom properly and does not make an error of logic, he is going to come out with a position that is consistent with libertarianism 100% of the time.

For those in the grip of this “conventional wisdom” that has led us to the brink of societal collapse, Paul’s answers are anything but consistent. On economic policy, he seems like a hardcore conservative, surpassing all other Republicans in his zeal to eliminate regulation and taxes. On foreign policy and social issues, he seems to be some sort of lefty hippie, arguing to legalize all drugs, allow homosexuals to marry if they wish to (he wants government out of marriage even at the state level), and to immediately order home every soldier stationed on a foreign base.

Those just learning about libertarianism might conclude that it is some sort of “compromise” between conservatism and progressivism/liberalism. This is untrue. Libertarianism evaluates political issues from a completely different perspective than either mainstream political philosophy. Sometimes, conservatives happen to agree with libertarians, but for different reasons. Sometimes, the same is true for progressives/liberals. Libertarians care not for who agrees/disagrees. They follow one simple principle and let the chips fall where they may.

Walter Block sums this up best in terms of understanding how libertarians like Paul formulate their positions.

“This is because libertarianism is solely a political philosophy. It asks one and only one question: Under what conditions is the use of violence justified? And it gives one and only one answer: violence can be used only in response, or reaction to, a prior violation of private property rights.”

In order to understand Ron Paul’s platform, there are two conclusions one must reach. The first is that libertarians are correct that violence is only justified in response or reaction to a prior violation of private property rights. Block does not limit the definition of “private property” to land ownership or even physical property in general. Instead, property includes all of one’s life, liberty, and justly acquired possessions. So, any murder, assault, theft, fraud, or coercion would be violation of a private property right. Based upon that understanding, ask anyone if they agree that violence should never be initiated, but instead only used in defense, and you will almost always get agreement. So far, so good.

The second thing that one must conclude in order to understand Ron Paul is that all government action is violent action. This is where it gets difficult for conservatives and liberals alike. While it is easy to see the government’s use of its military as an act of violence, it is harder for people to see that other government activities represent violence. How could providing healthcare, ensuring workplace safety, or licensing barbers be violent acts?

This is the great truth that hides in plain site under every human being’s nose. In order to recognize it, one must disengage the deep, emotional attachments that almost everyone has developed to some or all government activity. Once you get someone to that point and they are truly ready to reason, they will come to the libertarian conclusion every time. To the genuinely interested and rational person, only one question is necessary:

“What if you do not cooperate?”

I cannot count how many times I have asked this question and received in response a stare – not a blank stare, but a thoughtful one. You can see the wheels turning. Sometimes they will begin to speak, then stop themselves while they think some more. They are looking for a hole in the theory. They are unable to find one. They are genuinely interested in either proving or disproving your argument. By that time, you have won.

For those who do not immediately “see the light,” you can pick any government action and walk them through that reasoning process:

You: Suppose that I do not wish to participate in Medicare and withhold only that percentage of my payroll taxes that would otherwise go to fund it. In return, I agree not to make use of any of the Medicare benefits. What will happen to me?

Him/Her: You will be charged with income tax evasion.

You: What if I don’t answer the charge?

Him/Her: You will be arrested.

You: What if I do not agree to submit to the arrest?

Him/Her: You will be physically forced to submit.

You: And if I resist further?

Him/Her: (reluctantly) You will be killed.

You: So, you now agree that we are forced to participate in Medicare under the threat of violence, correct?

Him/Her: (Even more reluctantly) Yes.

You: Is there any government tax, law, or regulation that we are not similarly forced to participate in under the threat of violence? Are not all of these answers the same in relation to even the least significant government regulation, like a parking ticket?

Recall the final scenes in the 1999 movie, The Matrix. After Neo’s “resurrection,” he stands up to once again face the agents that had apparently killed him a moment before. However, when we see the matrix through Neo’s eyes, as he sees it now, the whole world is made up of lines of green code. Neo had been told early in the movie that the matrix is a computer-generated illusion. He heard it, but did not know it. He is now seeing that world as it really is for the first time. His mind has reasoned through and understood all of the implications of what Morpheus has told him. Once he truly understands, he is invincible.

This is a wonderful metaphor for the libertarian “conversion.” Once one has had the epiphany that all government action is violent action, there are only three choices. 1) You come to the same conclusions that Ron Paul does on every issue, 2) You disagree with Walter Block and conclude that it is morally justifiable to initiate violence against other people, or 3) You abandon logic and stop acknowledging reality. This is why Paul told the Today Show’s Matt Lauer that “economic liberty and personal liberty are one and the same and foreign policy that defends America and not police the world [sic] – that’s part of the package as well.”

Doug Wead, John Stossel, and millions of Paul’s supporters have had this revelation. This is why they agree with Paul without exception. They refuse to accept the other two choices available to them: to support the initiation of violence or to abandon logic and refuse to acknowledge reality. This is not fanaticism. It is the inevitable conclusion that one must come to if one employs logic and faces reality. That is why Doug Wead said, “logic and the truth are on your side.”

During his 2008 presidential campaign, Ron Paul lost the Washington state primaries by a considerable margin. However, he won big in Spokane. Why? Because that was the one part of Washington in which Paul’s campaign was able to schedule an appearance. During that campaign, Howard Stern remarked about his exposure to Paul’s message just as Wead, Stossel and millions of Paul supporters have: “I think I agreed with everything that dude just said.” Stern went on to say that he had never heard of Paul before and that it was a shame that the Republican Party was not taking him seriously.

Once a reasonable person hears the libertarian message, it is inevitable that they will not only agree, but agree completely and without exception. This is the antithesis of fanaticism. It is reason. It is recognizing the real world for what it truly is and applying logic to those observations. It is the consistent application to separate political issues of one undeniable principle, which can only lead to libertarian conclusions. It is actually illogical and fanatical to come to any others.

During the 2008 presidential campaign, the Establishment media had a strategy to combat this very troublesome dynamic: Don’t let the message be heard. That is no longer a viable strategy. Paul’s grassroots supporters have forced his platform into the mainstream. The media is simply unable to ignore Paul’s campaign this time around. The libertarian message will be heard. Whether or not Paul wins the presidency is secondary. Every day, more Americans are hearing the truth for the first time and its power is irresistible. The revolution is underway. Whether it takes a year, a decade, or longer, liberty is going to prevail.

Check out Tom Mullen’s book, A Return to Common Sense: Reawakening Liberty in the Inhabitants of America. Right Here!

[1] This assumes that Paul continues to apply libertarian reasoning consistently. It is certainly possible to disagree with him if he misapplies the theory. There are also fine points of theory that libertarians would take Paul to task for, but not on his general positions on the domestic and foreign policy of the federal government.

Tom Mullen Interview on Daily Paul Radio with Kurt Wallace

Extremism Is the New Race Card

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There was a time in American politics when the “race card” was an effective Establishment strategy against arguments it could not refute logically. Regardless of how unrelated an issue may have been to race, the Establishment would try to make a connection in order to avoid confronting the troublesome argument. Alternatively, they might completely ignore the issue at hand and simply present evidence that the proponent himself was racist. So distasteful is racism to most Americans that the mere suggestion that a politician might be racist was enough to condemn any idea, policy, or position he might take, whatever its merits.

Today, that is no longer true. While hardcore liberals still try to use the race card to discredit anyone who opposes their policy positions, it is apparent that it no longer resonates with average Americans. It was always a strategy with a limited shelf life. Besides, it is only effective for one half of the Establishment. If the race card sounds hollow and timeworn coming out of the mouths of liberals, it sounds downright ridiculous when employed by conservatives.

Besides, the entire ruling Establishment is in trouble. Their welfare-warfare state is coming apart at the seams. While the blue team and the red team will continue to fight with each other, they both realize that average Americans are becoming more open to hearing from people who refuse to put on either jersey. Something must be done to stifle any reasonable consideration of these unapproved ideas. The ruling class needs a new pocket ad hominem, one that can be used by conservatives or liberals.

Extremism has filled the void. “Extremist” is a word that elicits an immediate emotional response. Thanks to the all-out propaganda campaign against extremism, average Americans immediately associate the word with images of bomb-laden Muslim terrorists or McVeigh-like “militia types,” both apocalyptic threats to all of humanity. The moment an argument is made that departs from the status quo, the tag of extremism is applied to its author in the attempt to deflect attention away from the argument itself.

The most discouraging aspect of this new slur tactic is its effectiveness. Not only is it employed by both conservatives and liberals, but it is immediately given credence by both sides as well. Recall any discussion you’ve had on a political issue. If a position is taken that is outside of the Mitt Romney-Hillary Clinton continuum, it is inevitable that someone in the room will allege extremism. Heads will immediately nod in agreement, as if merely uttering the word makes the allegation true. It is also assumed without question that any “extremist” position must be wrong. The result? The discussion goes back to the continuum. So it goes in millions of households and hundreds of millions of minds.

But what does the word “extremism” mean? Merriam-Webster defines it (in the most relevant of several definitions) as “going to extreme lengths.” Often, extremism is characterized as “too much of a good thing.” For example, one might agree that too many carbohydrates in one’s diet is not healthy, but consider eating no carbohydrates at all as “extreme.”

However, what does the word mean when applied to politics? If politics is the pursuit of justice, can any position be accurately characterized as “extremist?” Can there ever be too much justice?

Read the rest at LewRockwell.com…

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.

The Founding Fathers Were Anti-War

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The 2012 presidential election cycle is underway. With the Democratic candidate a foregone conclusion, there is not much uncertainty about where the Democratic Party is going. For better or worse, Democrats will likely continue to “dance with who brung them,” meaning Barack Obama and his brand of 21^st century liberalism.

Not so on the Republican side. After historic defeats and victories in the past two elections, respectively, the Republican Party has yet to define itself for the future. It must come to grips with the fact that its miraculous comeback in 2010, after crushing defeats in the presidential and congressional elections of 2008, was due in large part to the Tea Party. However, with that victory came a large group of new Republican lawmakers, many of whom were not ready to fall in line with the Republican leadership. The most striking example, of course, is Rand Paul, who has constantly challenged mainstream Republican positions that do not jibe with his libertarian-leaning constitutional conservativsm.

Critics dismiss the Tea Party as simply a Republican Party publicity campaign rather than a grassroots movement that truly seeks change in Washington. However, it is impossible to ignore the fact that the Tea Party did indeed challenge the Republican establishment and defeated many establishment Republicans in primary elections – which means they obviously cared about far more than simply defeating Democrats. So, if not simply a front group for the Republican mainstream, what does the Tea Party stand for?

If you ask them, they would answer that they stand for smaller, more fiscally responsible government and a return to America’s founding principles. They wish to reign in the federal government and restore the limits placed upon it by the U.S. Constitution. This is why you can find Sarah Palin touring 18^th century historical landmarks and Michelle Bachmann evoking the shot heard round the world at Lexington and Concord (Concord, Massachussetts, that is, after clarifying her original statement).

It is easy to throw stones at the Tea Party for gaffs such as Bachmann’s. However, it is wrong to attribute the shortcomings of politicians trying to acquire political capital out of the Tea Party to the grassroots members themselves. Just because Michelle Bachmann might not know exactly where the American Revolution began doesn’ t mean that the Tea Partiers themselves don’t understand the American Revolution or the principles which inspired it. Indeed, the legislation that galvanized the Tea Party in 2010 – Obamacare – fundamentally violates those founding principles for exactly the reasons that the Tea Party opposes it.

Where the Tea Party departs from founding principles is on the subject of war and the military. At any Tea Party rally, a large percentage of the comments by the speakers, content of the signs and banners, and general atmosphere of the event amount to glorification of the military. Over and over, attendees are reminded that they should be grateful to the military for their freedom and should remember that “someone paid for it.” In addition to enthusiastic support for the gargantuan military establishment itself, unqualified support is given for every overseas war or occupation that the U.S. military is involved in. Whatever the president orders the military to do, it must not only be right but also essential to the freedom of every American.

This couldn’t be farther from the ideas of most of the founders. The Constitution reveals their suspicion of any permanent military establishment. The Congress is given the power to raise an army, but only for two years. This ensures that the people can disband the army during every Congressional election, as the House representatives are elected at the same intervals. The power to declare war is kept away from the president and given to Congress, where two separate bodies have to vote on it.

It is apparent from the document itself and the statements of many of its framers that they were very aware of the dangers to liberty that accompanied prolonged warfare or a standing army in peacetime. Contrary to what most Tea Partiers apparently believe, the founders were anti-war.

Remember that the colonists were reluctant to fight with the British right from the beginning. The colonial militia at Concord held their fire even after the British had fired upon them, killing two Americans. It was only when one of their commanding officers yelled “Fire, for God’s sake, fellow soldiers, fire!” that they fired upon the British. Three months later they sent the Olive Branch Petition to King George in an attempt to avoid all-out war.

Once the Constitution was ratified, the administrations of the first three U.S. presidents were dominated by efforts to avoid going to war. During Washington’s administration, pro-France Jeffersonians urged the president to take France’s side in its conflict with England. Instead, Washington approved the Jay Treaty, which normalized trade relations with Great Britain.

Largely because of this treaty, John Adams spent most of his presidency dealing with a hostile France, which considered the new American nation extremely ungrateful after France’s support of it during its revolution. Avoiding war with France was the dominant issue of Adams’ presidency, this time under pressure from his own party to take Great Britain’s side. In fact, while Adams maintained a commitment to enlarge the navy to provide “wooden walls” for the young nation, he steadfastly refused to grant Hamilton the standing army he wanted, despite the fact that Adams was fighting the “Quasi War” with France. Adams eventually achieved peace, possibly at the cost of a second term as president due to the dissention it caused within the Federalist Party. However, Adams considered peace the crowning achievement of his presidency, saying “I desire no other inscription over my gravestone than: ‘Here lies John Adams, who took upon himself the responsibility of peace with France in the year 1800.”[i]

Not to be outdone, Thomas Jefferson went even further in repudiating militarism. Having no standing army to disband, Jefferson went to work on the U.S. navy, decreasing it by roughly 95%. This allowed him to eliminate virtually all internal taxation in the republic, leaving only the tariffs to provide federal revenue. Jefferson refused to use ground troops in his clashes with the Barbary pirates until the Pasha of Tripoli actually declared war upon the United States. Later, in yet another effort to stay out of the wars in Europe, Jefferson signed into law the Embargo Act. While he was rightly denounced for this legislation, which was almost as hostile to liberty as the Alien and Sedition Acts, it did demonstrate the lengths to which Jefferson was willing to go to keep his country out of war.

It is Jefferson who is most quoted in Tea Party signs and by Tea Party candidates, and rightly so. If one is consulting the founders for the purest version of the American philosophy of liberty, it can be found in the writings of Thomas Jefferson. However, Jefferson was also the most staunchly anti-war, cutting all military spending not absolutely necessary to defend the American borders. This was no accident. War is the natural destroyer of liberty. As James Madison put it:

“Of all the enemies to public liberty, war is, perhaps, the most to be dreaded because it comprises and develops the germ of every other. War is the parent of armies; from these proceed debts and taxes. And armies, and debts, and taxes are the known instruments for bringing the many under the domination of the few. In war, too, the discretionary power of the Executive is extended. Its influence in dealing out offices, honors, and emoluments is multiplied; and all the means of seducing the minds, are added to those of subduing the force of the people. The same malignant aspect in republicanism may be traced in the inequality of fortunes, and the opportunities of fraud, growing out of a state of war, and in the degeneracy of manners and morals, engendered by both. No nation could preserve its freedom in the midst of continual warfare.”[ii]

If the Tea Party truly wishes to reestablish America’s founding principles, then part of their platform should be to disband the U.S. Army. They would be in good company. Founding fathers from both major political parties in the 18^th and early 19^th centuries opposed a standing army, most adamantly Tea Party icon Thomas Jefferson. Only Alexander Hamilton, Jefferson’s political arch enemy, differed from the rest on this point. Hamilton’s militarism was part and parcel of his imperial political philosophy, which also included a controlled economy, a central bank, and a national debt that would further tie corporations to the government – all policies that the Tea Party rejects.

While embracing militarism and championing liberty are philosophically inconsistent, there is also a very practical reason to disband the army. It has outlived its usefulness. With the U.S. government’s nuclear arsenal and dominant naval and air forces, there is no conceivable reason that an army of ground troops is necessary to protect the United States. Think for a moment how hard it has been for the U.S. to conquer a few backwaters in the Middle East. Now imagine a foreign army trying to land in Maryland or Georgia, against all of that air, sea, and missile power. It is inconceivable. Furthermore, even the government’s own military “experts” for the most part admit that a conventional army is ineffective in fighting terrorism. Given these realities, the vast federal spending, deficits, and debt –core issues for the Tea Party – that result from the existence of a standing army cannot be justified in the 21^st century United States.

The Tea Party broke almost four decades of relative apathy by American citizens in the face of unchecked expansion of federal government power. Not since the Viet Nam war had Americans taken to the streets as they did during the 2010 elections. During the 1960’s and 70’s, the left wing-dominated anti-war movement brought with it socialist domestic policies that were as hostile to liberty as the war itself. Now, the right wing-dominated Tea Party embraces a foreign policy as anti-liberty as the domestic policies that it opposes. It is past time for a movement that promotes liberty and opposes leviathan government consistently on all fronts. Embrace America’s founding principles. Restore the republic. Disband the army.

[i] McCullough, David John Adams Simon & Schuster Paperbacks 1230 Avenue of the Americas New York, NY 10020 2001 pg. 567

[ii] Madison, James Political Observations 1795 from Letters and Other Writings of James Madison J.P. Lippincott & Co. Philadelphia, PA 1865 Vol. IV pgs. 491-492

Tom Mullen Interviewed on Ron Paul Money Bomb Radio June 5th

Hate the Game, Not the Players

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In his 1973 book, For a New Liberty: A Libertarian Manifesto, Murray Rothbard rejoiced at the momentum that libertarianism had achieved within just a few short years. After almost a century of dominance by the “progressive” movement (both conservative and liberal), Rothbard sensed that the moment had arrived for a rapid and dramatic sea change in American political thought. As he wrote,

“In particular, we must examine the firm and growing conviction of the present author not only that libertarianism will triumph eventually and in the long run, but also that it will emerge victorious in a remarkably short period of time. For I am convinced that the dark night of tyranny is ending, and that a new dawn of liberty is now at hand.”[1]

By 1989, Rothbard had left the Libertarian Party and sought other vehicles for his ideas. While never one to despair, he certainly must have adjusted his expectations of an imminent “Libertarian Spring” by the time of his death. Despite its repeated failures, the state had managed to maintain its legitimacy in the minds of the people. During the apparently prosperous 1990’s, the widespread belief that government no longer worked had subsided. Electoral success for libertarians had plateaued. The name “libertarian” was no longer in the forefront of popular consciousness and rarely, if ever, mentioned in the mainstream media.

Today, all of that has changed. Beginning with Ron Paul’s 2008 presidential campaign, the word “libertarian” can now be heard over the mainstream airwaves again. As the present presidential primary contest gets underway, not only Paul but former New Mexico governor Gary Johnson are openly referred to as “libertarian candidates,” despite the fact that they are seeking the Republican nomination for president. Mainstream media pundits now routinely refer to a significant minority of Republican legislators as “libertarian-leaning.” The “L-word” has been de-stigmatized. Over the next several years, it seems likely that libertarianism is going to get another hearing.

While all of this is great news, it does beg some very important questions. What was the reason for the stigmatization in the first place? More importantly, why has the libertarian movement failed to get off the launch pad after such an auspicious start in the 1970’s?

Certainly the biggest hurdle for libertarianism has been its difficulty for most people to accept. With true liberty comes an enormous amount of personal responsibility. As W. Somerset Maugham wrote, “the path to salvation is narrow, and as difficult to walk as on a razor’s edge.” For an American electorate that has come to expect government to “take care of” so many things for them, rolling back what to libertarians are merely incursions into their liberty seems unworkable. Most people have been taught since childhood that government intervention is necessary and that the slightest reduction in any of it will result in unspeakable horrors.

However, while the task of persuading our fellow citizens to adopt libertarian ideas is difficult, it is apparent that libertarians often compound the difficulty with their approach. Let’s face it, we’re an unforgiving crowd, ready to pounce upon the slightest mistake of logic or deviation from principle with a ferocity that rivals the National Park Police at a Saturday afternoon dance party. Indeed, the most vitriolic attacks made by libertarians are upon other libertarians – for not being libertarian enough.

Yet, we still have plenty left over for those we deem “the usual suspects,” namely government employees, the beneficiaries of government programs, and the military (and this is by no means an exhaustive list). Certainly, there are a plethora of reasons that libertarians might cite to take issue with people in any of these groups. After all, they are actively participating in those activities that are destroying civilized society and robbing us of rights that we are entitled to enjoy. Even those who do not actively participate but who support these institutions with their votes are subject to our unrelenting scorn, typically punctuated by the damning rejoinder “statist.”

Now, these criticisms are almost always well-deserved. In supporting government intervention into our lives here at home and in the affairs of other nations, our opponents are claiming the right to initiate the use of force. Even on domestic issues, these interventions amount to acts of war against us as individuals, for an act of war is nothing other than the initiation of force by one party against another, whether the parties are nations or individuals. It is hard not to respond with sarcasm and contempt when proponents of intervention argue that their opinion is just as valid as ours – the opinion that they have a right to invade the life and property of other people.

Although we have been right on every single issue since the modern libertarian movement was born, it is apparent that our approach hasn’t worked. In terms of national politics, the high-water mark for libertarianism was Harry Browne’s 2000 presidential campaign, which netted less than 1% of the vote. Since then, libertarian candidates have not even done as well.

To use a well-worn cliché of the punditry, much of hardcore libertarians’ rhetoric isn’t resonating. When talking to those just hearing libertarian ideas for the first time, one must be very careful with words like parasite, thief, or murderer. Make no mistake, there is a time and place for calling a spade a spade and there is never an appropriate time to back up on a principle. However, there is an important distinction between vehemently opposing the violation of our rights and denouncing those who (for the most part) unknowingly do so as defective people. The natural reaction of anyone made to feel this way is to reaffirm their self-worth and find any justification – however illogical – for the interventions in question.

This is especially important in dealing with those programs that purport to help the poor. While libertarians should never compromise the principle that money should not be forcibly stolen from taxpayers even for this purpose, we should focus on the theft itself, rather than on those who reap its pitiable rewards. Remember that the perceived necessity for these programs is mostly caused by the myriad other government economic interventions, without which the vast majority of welfare recipients would be gainfully employed. Liberals taking an interest in libertarianism might be open to opposition to these programs based upon the non-aggression principle or the welfare system’s obvious failure. However, they will shut down completely if the argument sounds like the conservative one, which places the blame for the programs on the recipients and their supposed shortcomings.

In addition to eliciting a defensive reaction from those who support government intervention, libertarians have also inspired genuine dislike towards themselves. People who are open to libertarian ideas often conclude, quite understandably, that libertarians themselves are not likeable people. Part of this is rooted in the refusal of libertarians to compromise on their principles, prompting accusations of “extremism.” That is unavoidable without actually compromising – which we shouldn’t do. However, at least some part of this is due to the passion with which libertarians argue their points. When directed at ideas, it is admirable. When directed at people, it can be downright ugly.

As we enter a new era in which libertarianism is again on the table in the mainstream, we should learn from the mistakes we’ve made in the past. There is a time for throwing bombs (in the philosophical/literary sense), and no one does that better than my two favorite libertarian columnists, Will Grigg and Karen De Coster. However, there is also a time, when our friends, neighbors, readers, or audiences have expressed an interest in hearing our ideas, to persuade rather than to attack (something Grigg and De Coster also know and practice). It is important to remember that most of the people, most of the time, want to do what is right. However, they have been taught bad ideas about what is right for their entire lives, reinforced ad nauseum by politicians, media, and popular culture. We are fighting deep emotional attachments to many of these ideas, rather than conclusions arrived at through reason. It is crucial to remember this when trying to persuade those who are genuinely interested.

As the Age of Government draws to its inevitable end, libertarianism has another chance to fill the void. Let us never stop opposing the state at every turn. Let us never compromise that great law of nature, the non-aggression principle. However, let us also recognize that our brothers and sisters in this great family called humanity have not been taught this principle – that it has in fact been purposefully kept from them – and tailor our approach accordingly. When we achieve acceptance of some of our ideas, let us be as quick to praise those who have made that great leap as we are to attack those who advocate for the state. And when those same people take a step backwards on another issue, however illogical and inconsistent that step may be, let us remember the words of that great teacher, “Forgive them father, for they know not what they do.”

If that sounds too religious for your tastes, then Chris Rock put it another way: Hate the game, not the players.

Check out Tom Mullen’s book, A Return to Common Sense: Reawakening Liberty in the Inhabitants of America. Right Here!

[1] Rothbard, Murray For a New Liberty pg. 321

Nullification is Constitutional

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The near-showdown in Texas did not break any new ground in the nullification debate. The Texas House of Representatives passed a law that made the touching of genitals or breasts by TSA personnel illegal and punishable by fines and imprisonment. The federal government responded by citing the Supremacy Clause of the U.S. Constitution, together with a threat to cancel all air travel to and from Texas if the law were passed by the Senate and signed by the governor. The Texas Senate backed down. The crisis was averted – for the moment.

For most, attention was probably focused on the threat to close down air travel. Indeed, this would have been a huge crisis, with economic ramifications far beyond Texas. However, the more important issue here is the constitutional one. The federal government states as if it were fact that under the Supremacy Clause “Texas has no authority to regulate federal agents and employees in the performance of their federal duties or to pass a statute that conflicts with federal law.” Does the Supremacy Clause really say this? Let’s take a look. It says,

“This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.”

For those not familiar with the Constitution, that’s it. There are no further provisions explaining what is meant. There is no list of definitions of the various words, as one might expect to find in a contract today. Whatever “supremacy” the federal government claims to have must be found in this one sentence.

Perhaps a fast read might lead one to believe that the last section of this clause settles the question definitively. It says that the judges in every state shall be bound be federal laws “any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.” End of debate, right? The Texas law conflicts with the federal law, so the federal law trumps it. This is what the federal government would like you to accept – without question.

There is only one problem for the Feds. Their interpretation of the “Supremacy Clause” is based completely on the last section of this one-sentence provision and entirely ignores the first. One would think that if they were going to cite this clause, then reading the entire sentence would be a reasonable expectation.

So what exactly is “the Supreme Law of the Land?” Any law passed by the federal government? That’s not what the Supremacy Clause says. It says that “This Constitution, and the Laws of the United States which shall be made in Pursuance thereof” shall be the supreme law of the land.

Note the word “and.” There are two separate and distinct things cited as the supreme law of the land. First, “this Constitution.” That means that the terms and conditions of the Constitution itself, together with any amendments made to it, are the supreme law of the land. Therefore, anyone violating any part of the Constitution, including its amendments, would be violating the supreme law of the land.

Next, take note of the description of the federal laws which shall possess this supremacy. They must be “pursuant to” the Constitution itself. This means that the federal law in question must have as its basis a power granted to the federal legislators. The Constitution, for the most part, grants powers rather than makes specific laws. It tells the federal government which type of laws it may pass. It may not pass any laws for which it has not been granted the necessary power to do so. To eliminate any possible confusion on this point, the framers added the Tenth Amendment. It states:

“The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”

Many well-meaning citizens and not-so-well-meaning federal legislators think about the Constitution in a backwards manner. They assume that unless the Constitution forbids the federal government from exercising a particular power, then the federal government may exercise that power. Exactly the opposite is true. The starting point of ones reasoning should be that the federal government may pass no laws whatsoever. Then, Article 1 Section 8 provides the sole exceptions to that general rule. Only laws which exercise powers specifically delegated in that list may be passed.

However, the argument against the TSA does not rely upon employing this reasoning, because the activities of the TSA not only constitute powers not delegated to the federal government, but powers forbidden to the federal government by the Constitution itself. The Fourth Amendment states,

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

One could argue that the mere presence of the word “unreasonable” is enough to prohibit the touching of genital areas during a search. If that is not unreasonable, then what is? Dissection? However, the last part of this amendment makes any debate about what is reasonable unnecessary. It says that in order for the government to conduct a search of anyone’s person, house, papers, or effects, there must be a warrant “supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”

This means that the government may not search everyone who comes through an airport. In order for them to search anyone at all, there must be probable cause that the person has already committed a crime. Does this mean probable cause in the opinion of the person conducting the search? No. An impartial judge must determine that there is probable cause and issue a written order (a search warrant) confirming that probable cause and naming the specific person to be searched and the specific items that the search will be conducted to find. Only then may an officer of the federal government search an air traveler.

Therefore, the laws authorizing the TSA to search everyone who wishes to board an airplane are in direct conflict with a specific provision of the Constitution. In other words, they violate the Supreme Law of the Land.

Now, when someone breaks a law, they are subject to arrest and prosecution. That raises the question: Who has the power to arrest and prosecute federal legislators or officers who pass and enforce a federal law that violates the Supreme Law of the Land? That power is not delegated to Congress nor the Executive. The Judiciary is only empowered to hear cases arising “under the Constitution,” and to adjudicate controversies regarding “the Laws of the United States.” No one is disputing that the TSA personnel are following the federal law – it is the law itself that is disputed.

Contrary to popular belief, there is nothing in Article 3 of the Constitution that empowers the federal judiciary to decide whether or not a law is “constitutional.” They merely usurped that power early on, to the repeated and valid objections of anyone with an honest concern for liberty, beginning with Thomas Jefferson and James Madison – the latter being the man who actually drafted the Constitution in the first place! Both of these men and many others afterwards have recognized the clear absurdity of allowing any party to be a judge in its own case. That is one of the fundamental reasons cited for man leaving the state of nature and forming government in the first place.

The constitution provides clear direction on where power lies if it is not expressly delegated to the federal government – with the States or the people. The power to arrest and prosecute those who pass and carry out laws in violation of the Superme Law of the Land is not delegated to the federal government. Therefore it must reside in the States or the people. Nullification is constitutional. Let justice be done.

For more information on the history of state nullification of unconstitutional federal laws, get Tom Woods’ book, Nullification: How to Resist Federal Tyranny in the 21^st Century here!