Category Archives: Constitution

Anti-libertarian nonsense: Those government roads

TAMPA, March 22, 2013 — Libertarians have to deal with a lot of nonsense when making their case. Invariably, if a libertarian suggests any reduction in the power of the state, he is regaled with this supposedly devastating rejoinder:

“So, I suppose I won’t see you driving on any of those government roads.”

There are many reasons to stomp on the stupid button. Here are just a few.

First, there is the implication that the libertarian is disingenuous or even ungrateful. He seeks to reduce the power and influence of the state, perhaps even (gasp!) lower taxes, yet still has the audacity to drive on the roads that the government provides.

This argument holds no water. After being forced to purchase a road whether he wishes to or not and being virtually prohibited from building his own, exactly why should the libertarian not use the road he has paid for? Where is the contradiction in pointing out that the government road he was forced to buy would have been cheaper and of higher quality if it were produced by the market? Exactly why is he disingenuous or ungrateful by suggesting that the next road be financed the same way as houses and factories?

Of course, if the government didn’t build the roads, they wouldn’t exist, right? The proponents of this farcical idea should read some American history. For much our first century, the chief domestic policy debate was over whether the government should be allowed to subsidize roads, and the government side lost. As Tom Dilorenzo writes in How Capitalism Saved America,

“But the fact is, most roads and canals were privately financed in the nineteenth century. Moreover, in virtually every instance in which state, local or federal government got involved in building roads and canals, the result was a financial debacle in which little or nothing was actually built and huge sums of taxpayer dollars were squandered or simply stolen.”

All of the heroes of that century were on the private road side. Jefferson, Madison, Monroe, and Jackson argued against government-subsidized roads. Alexander Hamilton, Henry Clay and finally Abraham Lincoln – the proponents of state capitalism and privileges for the wealthy – argued for them.

Regarding the sainted Mr. Lincoln, it is all but forgotten that the chief planks of his political platform were high protectionist tariffs, a national bank and “internal improvements,” which meant subsidies to private corporations for building roads and railroads. Lincoln was able to win the presidency because he was viewed as relatively moderate on abolishing slavery, which he repeatedly denied as his reason for waging the Civil War.

When the southern states seceded, they consistently cited this form of corporate welfare as chief among their grievances, along with their assertion that Lincoln would not enforce the fugitive slave provisions of the Constitution. As Georgia stated,

“The material prosperity of the North was greatly dependent on the Federal Government; that of the the South not at all. In the first years of the Republic the navigating, commercial, and manufacturing interests of the North began to seek profit and aggrandizement at the expense of the agricultural interests. Even the owners of fishing smacks sought and obtained bounties for pursuing their own business (which yet continue), and $500,000 is now paid them annually out of the Treasury.”

The only material difference between the U.S. Constitution and the Confederate constitution was the latter’s prohibition of “Congress to appropriate money for any internal improvement intended to facilitate commerce.” Unfortunately, both constitutions recognized the legitimacy of slavery at the time.

Yet, it is assumed that because the seceding states were so wrong on slavery that they must have been wrong about everything, including government roads. In fact, the libertarian who suggests that they may have been absolutely right on the latter issue is called a racist – or even a proponent of slavery!

The government hasn’t gotten any better at building roads since then. We’ve just grown accustomed to the higher cost and egregiously lower quality. I moved to the Tampa, FL area in 2004. The next year, an approximately 10-mile stretch of Route 301 went under construction for the purpose of widening the road. It was completed in 2011 – six years later.

Does anyone really believe that if a private owner was losing money for every day that the road was not operating at full capacity, that it would have taken that long or cost as much as it did?

That brings us to the last and most preposterous argument against privately financed roads, that they would no longer be “free.” Instead, evil capitalists would soak us for profit and make us pay for our “right” to travel on the roads.

Hopefully, the idea that government roads are “free” doesn’t require too much refutation. If you believe that all of those people in orange reflective vests are volunteers, I have some partially-hydrated Florida real estate to speak with you about. We pay a much higher price for government roads than we would if they were privately owned.

In fact, it’s the crony capitalists that benefit the most from government subsidized roads. Just ask yourself who benefits more from a new road being built – the everyday commuter or the corporate manufacturer of goods who can ship his products more cheaply? The road increases his profits and he gets the rube taxpayer to underwrite his capital investment in the name of “the public good.”

Tragically, it’s now the liberals who are the strongest proponents of government roads, forgetting that throughout the 19th century, it was the Democrats who opposed them and the Whigs/Republicans who supported them. Why? Because they were recognized for what they are – corporate welfare.

Government roads cost more than privately-built roads and enrich the few at the expense of the many. Today, we suffer in traffic jams due to perpetual road construction and pay through the nose for substandard products while big corporations and unions laugh all the way to the bank.

And in the comments below, someone will have read half of this article and conclude that I am a racist for writing it. That’s what substitutes for political debate in 21st century America.

Libertarianism anyone?

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.

Why conservatives lost the gun control debate

TAMPA, March 18, 2013 – Conservatives believe they’ve won the gun control debate because they expect any new restrictions on gun ownership to be relatively minor. That doesn’t really jibe with their position that gun ownership was already too restricted before the Sandy Hook shootings, but that is the way things go in America. Both sides declare victory, the government gets a little bigger and more intrusive, and the next debate starts from there.

The underlying problem is that neither conservatives nor liberals truly believe in inherent, inalienable rights. Americans think conservatives do, but that doesn’t jibe with any of their arguments on gun control (or anything else). Conservatives believe that rights come from the government or long tradition, not from nature.

No one who believes that the right to defend one’s own life is inherent and inalienable would rely so heavily on the existence of the 2nd Amendment. The right to keep and bear arms exists regardless of whether there ever was a 2ndAmendment to the U.S. Constitution. It exists regardless of the American Revolution or the 800 or so years of British tradition that preceded it.

Read the rest of the article at Liberty Pulse…

Questions remain after Rand Paul’s filibuster

TAMPA, March 10, 2013 – First, the good news. Kentucky Senator Rand Paul squared off in a 13-hour game of chicken with the White House on Wednesday. At stake was the bedrock American principle that no one will be deprived of life, liberty or property without due process of law. Early Thursday morning, the White House blinked.

“It has come to my attention that you have now asked an additional question: “Does the President have the authority to use a weaponized drone to kill an American not engaged in combat on American soil?” The answer to that question is no. Sincerely, Eric H. Holder, Jr.”

It took “a month and a half and a root canal” to get that carefully worded answer, according to Senator Paul, and even then some obvious questions remained.

Does the president have the authority to use manned aircraft to kill an American not engaged in combat on American soil? How about a rifle? A bow and arrow?

Perhaps due to the popular support for Paul’s filibuster, White House Press Secretary Jay Carney attempted to clean up Holder’s overqualified answer.

Read the rest of the article at Liberty Pulse…

Rand Paul filibuster: The libertarians are coming!

TAMPA, March 8, 2013 – If there was any question whether Senator Rand Paul could move beyond the “gadfly” role his father had played for over thirty years in the U.S. Congress, there is no more.

Rand Paul has arrived as a political force to be reckoned with.His filibuster of President Obama’s nomination of John Brennan as CIA Director had establishment leaders from both sides of the aisle scrambling to jump on the bandwagon before it left wheel marks on their chests. Marco Rubio showed up to support him.

Rush Limbaugh called him a hero. So did Van Jones, albeit reluctantly.

Attorney General Eric Holder said “uncle.”

Paul’s filibuster was a complete success from every perspective. He achieved his goal of shifting the focus away from Brennan personally and onto the larger question of executive power, specifically the power to kill an American citizen without due process. He timed his gesture and articulated his argument in such a way that no one dared oppose it.

Paul’s argument against the use of drones against Americans is a purely libertarian one, because the 4th, 5th and 6th Amendments are rooted in the libertarian principle of non-aggression. Those Amendments are there to see that the government does not initiate force against the innocent.

All of which is ironic because Paul does not even self-identify as a libertarian.

When asked directly about it, he said that he considers himself a “constitutional conservative.” He has raised the ire of his father’s libertarian followers on more than one occasion, particularly his endorsement of Mitt Romney and his votes for sanctions on Iran.

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

Chris Dorner: A real life Frankenstein monster

TAMPA, February 13, 2013 – “Are you to be happy, while I grovel in the intensity of my wretchedness? You can blast my other passions; but revenge remains, – revenge, henceforth dearer than light or food! I may die; but first you, my tyrant and tormentor, shall curse the sun that gazes on your misery. Beware; for I am fearless, and therefore powerful. I will watch with the willingness of a snake, that I may sting with its venom. Man, you shall repent of the injuries you inflict.”

While far more eloquent, one cannot help but see the parallels between the declaration of war upon Victor Frankenstein by the monster he created and Chris Dorner’s erratic “manifesto.” Dorner’s entire story parallels Mary Shelley’s classic, with tragic results and ominous foreboding.

Like the monster, Dorner was “created” by the military-police complex. They may not have endowed him with life, but they made him into the trained killing machine that was both willing and able wage war upon them. Dorner felt wronged by his creator and swore to avenge himself, willing to exact that revenge both upon those he had self-pronounced “guilty” and upon innocents whose suffering or death would cause the guilty pain. Like Shelley’s demon, Dorner’s life ended in fiery death (more like the movie than the novel).

Shelley’s characters are more sympathetic than those of Dorner’s tragic story. The monster suffers years of real torment before resorting to the murder of Frankenstein’s loved ones, including his brother, an innocent child, and his young wife. The reader still doesn’t condone the murders, but at least sympathizes somewhat with the murderer. Not so with Dorner. Although some or all of his accusations against the LAPD may have been true, it is impossible to either understand or condone his disproportionate response.

The government falls short of Shelley’s title character as well. Unlike the targeted members of the LAPD, Victor Frankenstein does not cower in his house under paramilitary protection. He hunts the monster he created alone, unafraid to confront him, without endangering innocent bystanders. He also understands and admits that he was wrong to create the monster in the first place. In contrast, the military-police complex shot three innocent people in its panicky response and will likely push to be even more dangerously armed and empowered as a result of this tragedy.


READ MORE: The cops are a dangerous replacement for private gun ownership 


If the parallel to Shelley’s story stopped with the LAPD or even the law enforcement community in general, it would not be so ominous. But this little morality play is not simply a warning to law enforcement to “be careful who you train and what you train them to do.” It is a metaphor for our entire society.

As Anthony Gregory reminds us, “We are all Branch Davidians Now.” We are all subject to being monitored and hunted by drones, searched without warrant, kidnapped and detained without appeal to a judge for a writ of habeas corpus, and even summarily executed without a guilty verdict or even a jury trial. As Emma Hernandez and Margie Carranza can tell you, we may not even be the subject of the monster’s wrath but still be destroyed by its fury.

The monster’s reign of terror isn’t limited to our personal safety, either. It claims ownership of our property as well, taking what it deems it needs and letting us keep what it does not need…today. It claims the authority to tell us what we may and may not ingest into our own bodies, what activity we are allowed to engage in and what it prohibits as “unsafe,” what terms we make in voluntary contracts with others and what terms we may not, even if both parties agree.

It dictates the way in which our children will be educated and medically cared for and threatens to seize them from us if we do not comply. It then sends them on military missions thousands of miles away to kill or be killed by people who have never attacked us.

It is even more terrifying because it does not know it is evil. Most individuals who make it up believe that they are serving the public. Some cops join the force because they relish the license to bully, but most do not. Likewise for most soldiers. Rhetoric aside, I do not believe Barack Obama or George Bush are evil people.

On the contrary, an empowered state with the active or passive consent of the people makes good people do very evil things. Preemptive war, preemptive law enforcement, preemptive government in general – in other words, violence against the innocent – all become morally justifiable under the sacred mantle of the law. How easily we forget Thomas Jefferson’s warning that “the law is often but the tyrant’s will.”

The all-powerful state is a monster and we are its Frankenstein, whether we’ve actively taken part in creating it or simply stood idly by while others did so under our noses. We would be wise to dismember it now, before we meet the same fate as Shelley’s tragic hero.

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 has state of the delusion speech shovel ready

TAMPA, February 12, 2013 — Pundits are already atwitter over tonight’s annual exercise in political posturing. The question many are asking is whether Obama will stay on the attack against his Republican opponents or attempt to use the speech to identify areas where he can work with them.

The real question is whether the president will make a single remark that bears any resemblance to reality.

The State of the Union address (SOU) has always been little more than a nationally televised stump speech. As all presidents believe that anything happening anywhere in the country is a direct result of their policies, none have ever wanted to paint a less than rosy picture about the supposed “state of the union.” After all, if it’s in a bad state, it must be their fault.

However, with the U.S. now in full-fledged collapse, the speeches have become so detached from reality that they should be called “state of the delusion” addresses.

The speech is interminably long, but let’s look ahead to the main areas it will cover and try to separate fantasy from reality.

The president will remind us that he inherited an economy in shambles, which is true. He will hope that listeners draw the inference that his predecessor was wholly at fault for this, but that isn’t close to true. Every president since at least Teddy Roosevelt contributed to the problem, with the largest contributions coming from Democrats.

It will really turn bizarre when Obama starts talking about “the recovery” that’s underway. We’ll be told that while we’re not out of the woods and there is still “a lot of work to do (i.e., more government meddling to accomplish),” new jobs are being created, new industries are flourishing and things are generally looking up.

In reality, the United States is in a depression, just like the one in the 1930’s, and it’s being prolonged for all of the same reasons. The official numbers say that unemployment has been hovering around 8 percent, but that’s only because they’ve changed the way unemployment is measured. If they measured it the same way that they did in the 1930’s, unemployment would be the same as it was in the 1930’s.

As an aside, there isn’t any substantive economic distinction between “recession” and “depression.” Politicians just decided to stop calling them depressions to con the public. After a while, they started believing their own bovine waste products.

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

The cops are a dangerous replacement for private gun ownership

TAMPA, February 11, 2013 – It would be the hilarious stuff of satire or black comedy if it were fiction, but it involves real people and it’s tragic.

Police officers in pursuit of one of their own gone bad shot 71-year-old Emma Hernandez in the back after opening fire on her newspaper delivery truck. Hernandez’s daughter, 47-year-old Margie Carranza, sustained a hand injury. Police apparently mistook Hernandez’s blue Toyota Tacoma for murder suspect Christopher Dorner’s dark-gray Nissan Titan. The two women were not warned or ordered to stop before the shooting.

“No command, no instruction, no warning. They just opened fire on them,” said Glen Jonas, who is representing Emma Hernandez, 71, and Margie Carranza, 47, in possible legal action against the Los Angeles Police Department.

These are the “public servants” that we are supposed to rely on to defend us against violent crime after we surrender our natural right to keep and bear arms. That obviously begs the question, “Who is going to protect us from the public servants?”

These are by no means the only circumstances in which you have good reason to fear the police.

In the fantasyland inhabited by gun control advocates, the use of firearms is delegated to police, who somehow defend innocent victims against violent criminals even in absentia. The victim need only dial 911 and the police will “respond within minutes.”

This is so preposterous that the effort shouldn’t be necessary, but let’s walk through the thought experiment nonetheless. Three criminals break into your home. They may be armed with guns, knives, or just superior strength and numbers. You have no firearms, so you dial 911.

Assuming that your attackers stand motionless for the “minutes” it takes the police to get there, they are thwarted just before killing or maiming you by police who burst through the door and dispatch them with pinpoint accuracy, perhaps even shooting a perpetrator who is holding a gun to your head. Those not killed by the police drop their weapons and surrender. You live happily ever after.

That might play well on a movie screen, but out here in the real world, exactly the opposite will likely occur.

First, even if the cops “respond within minutes,” it’s too late. They responded within minutes at Sandy Hook. They responded within minutes in Aurora, Colorado. Ten minutes is too long. Two minutes is too long. If you are unarmed, two minutes after you are attacked by a violent criminal, you’re dead.

Do the math.

If the cops do arrive at your home or place where you are attacked before you’ve been killed, your problems might just be beginning. As Will Grigg reminds us, the first priority for police responding to a 911 call is “officer safety.” More often than not, the officer attempts to secure his or her own safety at the expense of yours.

Charlie Mitchener learned this the hard way when he called 911 to report a break-in at his office. When the police officer arrived on the scene, Mr. Mitchener dutifully informed her that he had a firearms permit and was carrying a firearm. The officer responded by handcuffing and disarming him, to make certain “we were all safe.”

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

Disarm the police, not the citizens

TAMPA, February 7, 2013 ― First, the good news. The five-year-old boy kidnapped by a deranged man in Alabama has been rescued unharmed. He is with his family and reportedly “seems to be acting normally.”

The bad news is that some media seem to be using this incident to justify the ongoing militarization of domestic police forces.

“Military tactics, equipment helped authorities end Alabama hostage standoff,” reads today’s Fox News headline. The article describes how law enforcement responded to the hostage situation with what has become the new normal in the former land of the free. They mobilized paramilitary forces to deal with the situation just as an occupying army would deal with “counterinsurgency.”

According to the article, “In many ways, the scene resembled more of a wartime situation than a domestic crime scene as civilian law enforcement relied heavily on military tactics and equipment to end the six-day ordeal.”

Yes, every response by law enforcement seems to resemble a wartime situation these days, something one would think that Americans would be concerned about. Yet, for a nation that was born with a suspicion of standing armies and that wouldn’t tolerate the existence of one during peacetime, virtually no one objects to the increasingly aggressive tactics of local, state and federal police, often acting jointly to address routine local crimes.

One can already imagine the response by apologists for the all-powerful state. “If that’s what it takes to keep our children safe, then it’s worth it.”

It’s hard not to assume that the author of the article intends for the reader to draw that preposterous inference. It supposes a cause and effect relationship between the militarization of domestic police and the rescue of the child that does not exist.

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

Obama outmaneuvers Republicans again on gun control

TAMPA, January 20, 2013 — One day before his second inauguration ceremony, President Obama has plenty of reasons to smile. Despite a persistently weak economy, he was reelected by a comfortable margin in November and then completely outmaneuvered his Republican opponents in the tax hike standoff. That ended with Republicans breaking a decades-old pledge never to raise taxes.

Following the usual calls for more gun control following a widely publicized shooting, it looks as if Obama has outmaneuvered the GOP again. After appointing Vice President Joe Biden to head a gun violence task force, Obama made an ominous-sounding statement.

“Well, my understanding is the Vice President is going to provide a range of steps that we can take to reduce gun violence. Some of them will require legislation. Some of them I can accomplish through executive action. And so I’ll be reviewing those today. And as I said, I’ll speak in more detail to what we’re going to go ahead and propose later in the week.”

The Republican response was predictable. Cries of constitutional crisis and calls for impeachment exploded from Republican politicians and conservative-leaning media.

Whether because of the Republican reaction or by design, Obama’s executive orders were remarkably uncontroversial. Despite rumors that the president had written 23 new executive orders restricting gun ownership, Obama actually didn’t write any. Instead, he wrote 3 “presidential memoranda” directing existing federal agencies to do a better job at what they are already doing.

This leaves Republicans who yelled “impeachment” before even hearing what the president proposed looking like “extremists” again, not to mention somewhat silly. It sets up the Democrats perfectly for the upcoming congressional fight over new gun legislation. Republicans will be under pressure to compromise to undo the political damage done by this latest gaffe.

There are certainly constitutional arguments against Obama’s actions, but Republicans are in no position to make them. Strict constitutionalists have long argued that the mere existence of agencies like the ATF and the CDC is unconstitutional, but the Republican Party, which created one and greatly expanded the other, has no grounds upon which to make this argument.

Those few GOP legislators who can do so with any credibility, like Senator Rand Paul or Rep. Justin Amash, are considered outsiders by the party elite.

There is a fundamental problem here that the GOP has to resolve if it does not wish to fade into irrelevance. It has to define some fundamental philosophical differences between it and the Democratic Party. Despite rhetoric about small government and free markets, there just isn’t any meat on the GOP bones for opponents of the Democratic Party to sink their teeth into.

Read the rest of the article…

Even convicted felons have a right to bear arms

TAMPA, January 11, 2013 ― Supposedly, a philosophical debate is going on between “right and left” over the natural right to keep and bear arms. As usual, both sides are wrong.

The right to keep and bear arms is inseparable from the right to life. Here in the real world, arming oneself is the only practical way to exercise the right to life, which is properly defined as the right not to be killed by another human being.

Banning guns removes an individual’s ability to exercise the right to life. It places his life at the discretion of anyone who would take it away. Life is no longer a right, but a privilege, exercised at the discretion of criminals. Sometimes, the criminals wear government costumes.

When is this ever justified?

The only reasonable answer would be when an individual has wrongfully taken the life of another person. Even then there is room for an argument. If manslaughter does not carry a lifetime prison sentence, why does the perpetrator permanently surrender his right to life?

There is no justification for prohibiting gun ownership for virtually any other crime. Perhaps egregious assaults or child molestation also qualify, but that is still a tiny percentage of the population.

Even conservatives cast the net far wider. Standard conservative talking points go something like this. “We defend the 2nd Amendment rights of law abiding citizens who are not mentally ill to keep and bear arms.”

Virtually every word of this statement is wrong. And this is the “pro-gun” side.

First, there are no such things as “2nd Amendment rights” or “Constitutional rights.” Rights do not come from the Constitution. They existed before it. They exist regardless of the creation of any government, anywhere. They are endowed by our Creator, as our founding document states. They cannot be taken away. They cannot be voted away, not even by democratically-elected representatives.

Even Barack Obama supposedly believes this. He said so in his nomination acceptance speech.

By “law abiding citizens,” conservatives mean anyone who hasn’t been convicted of what the government calls a “felony.” The problem is that the government calls virtually everything a felony and they designate more innocuous behavior as felonious every day.

According to the U.S. Bureau of Justice Statistics, there are currently over 2 million people incarcerated in the United States. It is unknown how many U.S. citizens alive today have ever been convicted of a felony, but that number must be in the tens of millions. No matter how long ago that was, those people are prohibited from owning firearms.

Martha Stewart was convicted of lying about whether or not she committed the non-crime of insider trading. What reasonable person could argue that because of this she should spend the rest of her life at the mercy of anyone who decides to invade her home or attack her on the street?

Ms. Stewart is to some extent a bad example. She has the financial means to hire armed bodyguards to protect her and her home and still comply with the law. Most convicted felons do not have this luxury.

Neither have most convicted felons ever harmed another human being. Two thirds of the U.S. prison population is incarcerated for non-violent offenses, about half of them for drug offenses.

For most of these people, there is no justification for incarcerating them in the first place, much less for violating their most basic rights for the rest of their lives.

Even the qualification that the individual not be “mentally ill” is bogus. It is true that the ability to reason is a prequalification for liberty, but it is not up to any bureaucrat to determine whether someone is mentally ill. The burden of proof that someone is mentally unfit to exercise their basic rights falls upon the accuser, not the accused. A person must demonstrate mental incapacity by some overt act and their incapacity must be proven before talk of violating their rights occurs.

If we allow the government to start requiring people to prove they are not mentally ill, they will achieve their gun ban without firing a legislative shot. Some have already called Tea Party or Occupy protestors “terrorists.” It won’t be a stretch for them to decree that certain political positions constitute “mental illness.” Ever been diagnosed with ADHD as a child in a government school? Someday you will be on the list, too.

If conservatives represent the strongest defense of the right to keep and bear arms, the debate is already over. They are nothing more than “Progressive Light” on this issue, as they are on most others.

Throughout human history, one chief identifying characteristic of the slave has been that he is unarmed. Free people keep and bear arms. Slaves are prohibited from doing so. Virtually every American, including most convicted felons, should have the opportunity to purchase and carry the firearm of their choice.

Don’t let politicians or their media partners define the debate. The 2nd Amendment is the last vestige of American freedom.

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.