Category Archives: Constitution

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

 

9/11 happens every day to victims of U.S. foreign policy

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911 happens every day

Update, September 11, 2019:

Today marks the 18th anniversary of the murderous 9/11 terrorist attacks. While it was a sad day for the loved ones of almost 3,000 Americans, it was unfortunately a great day for the proponents of all-powerful government, at home and abroad. Americans have tacitly accepted the government spying on them via their e-mail, phone and internet search records, monitoring their financial transactions and treating them like the captives of a totalitarian state every time they travel by air.

Even more egregious has been the military-industrial complex’s exploitation of this heinous crime. It has been the excuse for 18 years of uninterrupted war. largely against people who had nothing to do with the 9/11 attacks, yielding huge profits for a connected few and untold losses to American soldiers, American taxpayers, and millions of innocent civilians in foreign countries.

TAMPA, September 11, 2013 — Twelve years after terrorists perpetrated the most deadly crime ever committed on American soil, Americans still hold vigils and other events to commemorate the tragedy.

The 9/11 attack shocked the nation in a way people outside the western hemisphere probably cannot understand. Unlike most nations, Americans have not seen a war at home in over a century.

For the host nations of hot wars, 9/11 happens every week.

NBC reports that 9-12 civilians were killed by a NATO airstrike in Afghanistan on Saturday. According to Abdul Ghani Mosamam, spokesman for the Governor of Kunar Province, four Taliban insurgents and 12 civilians died. The civilians were four men, four women and four children. NATO denies any civilians were killed, but no one denies that civilians are killed in airstrikes and offensives. Thus the term, “collateral damage.”

For the civilian victims, every strike is their own personal 9/11. Missiles raining down from the sky and destroying buildings, killing loved ones and rendering others homeless is no less terrifying than what happened in New York City in 2001. One might argue that the New York City attacks killed far more people than last Saturday’s NATO attack in Afghanistan, but that misses the point.

Attacks like Saturday’s are routine in Afghanistan, as they were for eight years in Iraq. The death toll of innocent civilians is in the hundreds of thousands. The refugees number in the millions. For the people of Iraq, 9/11 happened every day for eight long years. It wasn’t two buildings. It was whole cities and their entire civilization that was reduced to rubble.

Americans simply have no concept of what the face of war at home really looks like. Outside of Pearl Harbor, an attack by military men on a military facility, warfare has not occurred on American soil since 1865. Even servicemen who have deployed to foreign wars do not understand. For them, their combat service is performed while “in country,” meaning someone else’s country. They have no point of reference from which to understand “taking fire” in one’s own house or having that house destroyed in an instant by an airstrike aimed at someone else.

It is good for Americans to remember September 11, 2001 and how horrifying it was to see a presumably inviolate city touched by the face of war, to see loved ones running for their lives and some not making it out in time. It would be better for Americans to imagine that happening every day or every week. That is reality for the civilians “in country” when war comes to them.

Remembering 9/11 that way might change the conversations we have here about whether or not we prosecute wars of choice. Imagine if we were to see foreign governments casually discussing whether to perpetrate 9/11 on us every week for the foreseeable future, based purely on whether they had any “compelling national interests” or “clear path to victory.” We would burn with hatred and rightly so.

War is the complete abandonment of reason, as John Locke wrote in his famous treatise. It is the last resort when survival is truly threatened. It is the answer to a violent aggressor who has committed acts of war and will not relent. There is no lesser justification for unleashing its indiscriminate destruction.

Let’s hope that Congress remembers 9/11 in its debates about Syria. Each legislator should ask himself: How can I justify a new 9/11 for the people of this country?

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 administration makes Putin, Russians look like the good guys

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putinTAMPA, September 10, 2013 – Syrian foreign minister Walid al-Moallem said earlier today that his government would accept the proposal to surrender its chemical weapons for destruction by the international community, according to the Associated Press. The proposal was made by the Russian government in an attempt to avoid U.S. airstrikes in reprisal for alleged chemical weapons attacks by its Syrian counterpart against rebels and civilians on Aug. 21.

The Syrian government has consistently denied launching the attacks.

President Obama has now reportedly changed the goal of his meetings today with Congressmen from persuading them to approve his military strikes to participating in the diplomatic solution. This begs an obvious question.

Why was it Russia that proposed a diplomatic solution, while the Nobel Peace Prize-winning U.S. president would consider nothing but war?

Indeed, Russian president Vladimir Putin has consistently been a calm voice of restraint and caution during the entire crisis, while Obama has sounded more like Khrushchev than Kennedy.

Syria is a longtime Russian ally and the home to Russia’s only military base outside its borders. The U.S. threats of military action against Syria is only the latest in a long train of provocative actions by the U.S. government towards its former Cold War adversary. As Pat Buchanan wrote in the American Conservative,

“George W. Bush sought to put an anti-missile system in Poland and the Czech Republic. Neither country had requested it. We said it was aimed at Iran. When my late friend, columnist Tony Blankley, visited Russia in the Bush II era, he was astounded at the hostility he encountered from Russians who felt we had responded to their offer of friendship at the end of the Cold War by taking advantage of them.”

The Soviet Union collapsed in 1991, chiefly for economic reasons. That’s not the same as surrendering to an adversary in a hot war. Yet, the U.S. government has treated Russia more like Germany after the Treaty of Versailles than the major First World power that they remain.

Imagine how the U.S. government would react if Russia were talking about bombing Israel in response to some alleged misdeed?

Yet, Putin has avoided bellicosity in the face of the Obama administration’s refusal to consider anything but military action, asking only that the administration at least wait for all of the evidence to be presented and examined.

Yesterday, it was Putin who proposed a diplomatic solution to the crisis while Obama maintained his full court press for war. This isn’t the first time that Americans have been confronted with bizarre role reversals between their government and Russia’s. At a G20 conference in 2009, while the Obama administration was promoting its housing bailout bill, Putin lectured the administration about the evils of socialism.

“Excessive intervention in economic activity and blind faith in the state’s omnipotence is another possible mistake…In the 20th century, the Soviet Union made the state’s role absolute. In the long run, this made the Soviet economy totally uncompetitive. This lesson cost us dearly. I am sure nobody wants to see it repeated,” said Putin.

For the past four and a half years, the Obama administration has pursued the very interventionist economic policies it had so vehemently criticized the Bush administration for, while the Russian government advised to let the market do more of the work.

During the Syrian chemical weapons crisis, the Obama administration has demonstrated the same eagerness for war, the same rush to judgment and the same disregard for the opinions of the international community and its own citizens that it criticized the Bush administration for in the lead-up to Iraq. It has managed to make the Russians look like the good guys.

That’s because in this case, they are.

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

 

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Does anyone really believe Assad used chemical weapons in Syria?

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does anyoneTAMPA, September 6, 2013 – Public opinion polls are virtually unanimous. The American people oppose military intervention in Syria, despite poll questions worded in a way that assumes the Syrian government perpetrated chemical weapons attacks against its own people. The Washington Post/ABC News poll asked:

The United States says it has determined that the Syrian government has used chemical weapons in the civil war there. Given this, do you support or oppose the United States launching missile strikes against the Syrian government?”

 

Who could imagine the question being put in words more likely to elicit a favorable response? Nevertheless, Americans were resoundingly against military intervention. 59% said they opposed missile strikes. 36% said they favored them. 5% were undecided.

Results like that in a poll so obviously constructed to achieve the opposite begs the question:

Does anyone really believe the Assad government launched chemical weapons attacks against rebels and civilians?

That virtually every politician and pundit talks about the attacks as if it were proven they occurred and that Assad’s government perpetrated them is beyond surreal. U.N. weapons inspectors say that they won’t even be able to confirm that chemical weapons were used for two more weeks. Yet, the Obama administration says it is not only certain the attack occurred, but that Assad’s government launched it.

This despite strong suspicion that it was the rebels, not the Assad government that launched the chemical weapons attack earlier this year. As reported by Shaun Waterman in the Washington Times on May 6,

“Carla del Ponte, a member of the U.N. Independent International Commission of Inquiry on Syria, told Swiss TV there were “strong, concrete suspicions but not yet incontrovertible proof,” that rebels seeking to oust Syrian strongman Bashar al-Assad had used the nerve agent.”

The rebels stood to gain far more from last month’s chemical weapons attack than Assad. The government had the upper hand in the two-year-old revolution. The attack would increase the chances that an outside force like the U.S. would join the struggle on the rebels’ side. Judge Andrew Napolitano is skeptical that the attack occurred at all and, if it did, that Assad perpetrated it. Writing in the Washington Times, he says,

“Never mind that the photos shown by Mr. Obama’s folks of aid workers ministering to the supposed victims of government gassing show the workers without gas masks or gloves, and never mind that the Assad regime has permitted United Nations weapons inspectors unfettered access to its materiel, and never mind that the president wants to invade Syria before the weapons inspectors issue their report. The president wants us to think that the Assad regime intentionally gassed 1,000 Syrian innocents who were of no military value to the rebels or threat to the regime…”

 

That’s not the only circumstantial evidence questioning the official story. Wikileaks founder Julian Assange told Ron Paul Monday on the Ron Paul Channel that the U.S. government has been waiting for an excuse to intervene in Syria since 2011.

“Stratfor is a U.S. intelligence contractor based in Texas and we got hold of five million of their e-mails. They do consulting work for many different government organizations and private organizations. And one of those e-mails from late 2011, December 2011, is a report back from one of their agents meeting with the U.S. Air Force, members of the French military and British military, speaking about what the hopes and game plan was under various circumstances, essentially by the West, by the U.S. and NATO, if you like. And that they really felt that what they needed was for there to be some humanitarian outrage in Syria and that once they had that, that would legitimize going in with a big airstrike,” said Assange.

With no known evidence against the Assad government and strong circumstantial evidence against the rebels, the Obama administration still insists that they have conclusive proof against Assad, but cannot share the evidence. According to the Washington Times, Russian President Vladimir Putin’s replied,

“Claims that proof exists but is classified and cannot be shown are beneath criticism. “ He added, “If the U.S. says that the al-Assad regime is responsible for that attack and that they have proof, then let them submit it to the U.N. Security Council.”

The Obama administration hasn’t given the American public any more reason to believe it than Putin does. It’s been caught in one lie after another about its domestic spying programs, according to Forbes magazine. It’s also fighting the specter of a war in Iraq over weapons of mass destruction that didn’t exist.

The truth of what happened in Damascus last month will be known eventually. Until then, the Obama administration is trying to sell a dog that just won’t hunt to an American public that’s weary of war and has little reason to believe its government about anything.

If experience is any teacher, Americans would be wise to remain incredulous.

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

 

Why are American citizens financially responsible to defend Syrians?

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Tax DayTAMPA, September 1, 2013 — One day after President Obama indicated he would seek a vote from Congress on whether to launch missile strikes against Syria, media outlets have already begun reporting on the debate from a number of perspectives. As usual, one perspective is completely ignored: that of the American taxpayer.

The Constitution grants Congress the power to tax U.S. citizens to provide for the common defense of U.S. citizens, not every soul on the planet. The only exception is for citizens in countries with whom the United States has signed a mutual defense treaty. In those situations, it is assumed that American taxpayers get a reasonably equal benefit back in defense provided to them.

The founders still told us to avoid those alliances whenever possible.

Regardless, the United States has no treaty with Syria. If it did, it would be with the Assad government, not with rebels attempting to overthrow it. Syria has not attacked the United States nor issued a declaration of war against them. There isn’t even a U.N. Security Council resolution for force against Syria, which strict constitutionalists don’t recognize as legitimate anyway.

President Obama is arguing for the United States to intervene militarily solely for “humanitarian” reasons. That begs the question:

How did American taxpayers become financially responsible for protecting Syrian rebels and civilians?

Every other U.S. president has recognized that Americans can only be taxed to pay for their own defense or the defense of allies by treaty. The arguments haven’t always been bulletproof, but at least they have acknowledged this principle.

President George W. Bush made his case for the Iraq War based upon Saddam Hussein’s supposed “weapons of mass destruction.” At one point, the administration went so far as to say that Hussein could strike the United States “within 45 minutes.”

Why did the administration go to such lengths to exaggerate Iraq’s capabilities? Because it recognized that only an imminent threat to American citizens would justify a war against Iraq.

“Operation Deliberate Force” in Serbia was recognized as a NATO operation, meaning the United States participated due to a supposed treaty obligation. President Clinton’s attempts to conduct military operations in Africa and Haiti for humanitarian reasons were met with public and congressional opposition. Both interventions were aborted prior to prolonged involvement.

In Korea and Viet Nam, Americans were told war was necessary to prevent “the domino effect,” where one Asian nation after another would fall to communism, which then would spread to the rest of the world. The theory was proven wrong when North Viet Nam took over South Viet Nam and communism still failed. Still, the stated reason for war was to protect Americans from communist aggression.

President Obama has broken new ground. He has argued that not only does the U.S. government have the authority to tax Americans to defend every human being on the planet, but that the president can order military intervention for that reason on his authority alone.

Unfortunately, this has led many to believe that his decision to wait until Congress debates the intervention is some sort of victory for constitutional government.

It’s not. Nowhere in the Constitution is it stated or implied that American taxpayers are financially responsible for the common defense of the whole world.

Military operations are not funded by donations. Taxpayers are compelled to pay them by force. That’s why the Constitution sets limits to what Americans can be taxed for: “to pay the Debts and provide for the common Defence and general Welfare of the United States.”

As widely as that clause has been interpreted, no one could possibly interpret it to mean defense of Syrian civilians under present circumstances, nor for the citizens of non-treaty partners in any other country.

If the constitution imposes no such financial obligation on American taxpayers, then what does? When and how did American taxpayers consent to it? By what authority is it enforced? When and how will this financial obligation end?

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

 

Congress is not authorized to start a war with Syria, either

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congress

TAMPA, August 29, 2013 – The British Parliament is debating the U.K.’s response to an alleged chemical weapons attack by the Syrian government against rebels and civilians. This prompted Sen. Ted Cruz of Texas to tweet a picture juxtaposing the ongoing debate in Parliament with the empty U.S. Congress building.

Cruz and others have expressed the opinion that President Obama cannot take military action against Syria without consulting Congress first.

They’re wrong. Congress doesn’t have the power to start a war with Syria, either, under present circumstances.

Most people misunderstand the declaration of war power as “permission” to start a war. It’s not.

The Constitution grants Congress the power to declare that a state of war already exists. This can only be true if the nation in question has committed overt acts of war against the United States.

This is supported by each and every declaration of war in U.S. history. Each declaration has followed the same format.

1. Congress cites the overt acts of war committed by the nation in question against the United States.

2. It recognizes the existence of the war because of those overt acts.

3. It directs the president to utilize the military to end the war.

The process is somewhat analogous to a criminal trial. The president “makes his case” to Congress that certain actions by a foreign nation amount to acts of war. Congress then deliberates, renders its verdict and passes sentence. The president is directed to execute the sentence.

When James Polk asked Congress to declare war on Mexico in 1846, he said,

“But now, after reiterated menaces, Mexico has passed the boundary of the United States, has invaded our territory and shed American blood upon the American soil. She has proclaimed that hostilities have commenced, and that the two nations are now at war.

As war exists, and, notwithstanding all our efforts to avoid it, exists by the act of Mexico herself, we are called upon by every consideration of duty and patriotism to vindicate with decision the honor, the rights, and the interests of our country.

In further vindication of our rights and defense of our territory, I invoke the prompt action of Congress to recognize the existence of the war, and to place at the disposition of the Executive the means of prosecuting the war with vigor, and thus hastening the restoration of peace.”

After deliberating, Congress issued the following declaration of war,

“Whereas, by the act of the Republic of Mexico, a state of war exists between that Government and the United States: Be it enacted by the Senate and House of Representatives of the United States of American in Congress assembled, That for the purpose of enabling the government of the United States to prosecute said war to a speedy and successful termination…”

Note the italicized words. The state of war already exists because of the act of the Republic of Mexico.

Most people remember FDR’s Pearl Harbor speech during which he rattled off the acts of war committed by Japan. “Last night, Japanese forces attacked Wake Island. Last night, Japanese forces attacked Midway Island, etc.” Roosevelt concluded,

“I ask that the Congress declare that since the unprovoked and dastardly attack by Japan on Sunday, December seventh, a state of war has existed between the United States and the Japanese Empire.”

The framers of the Constitution intended that the president would never initiate planned military action until this process took place. Yes, the president could deploy the military if the British or Spanish were discovered marching through Maryland, a very real possibility at the time.

Otherwise, acts of war had to be committed against the United States before the president directed a military response.

Syria’s government may or may not have used chemical weapons against its own people. It has not committed any acts of war against the United States. Therefore, there is no basis upon which to declare a state of war between Syria and the United States.

The constitution assumes that the only justification to utilize U.S. military resources is to defend U.S. citizens after another nation has initiated a state of war. The only exception is to defend a nation with whom the United States has signed a treaty establishing one of those entangling alliances the founders told us to avoid.

The Syrian conflict meets none of those requirements. Neither Congress nor the president have any constitutional authority to attack.

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

Syria: The U.S. has learned nothing from Iraq and Afghanistan

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TAMPA, August 28, 2013 —  “And now we’re back where we started. Here we go round again. Day after day I get up and I say I better do it again.”

Apparently, Ray Davies’ lyric has become the U.S. government’s foreign policy. Unfortunately, they’ve added a line to the chorus that Davies left out: Make sure you learn absolutely nothing from the day before.

After twelve years of war, hundreds of thousands of U.S. and foreign civilian casualties and trillions in debt, the U.S. has accomplished nothing in the Middle East. They haven’t eradicated the Taliban or Al Qaeda. There has not been a single regime change favorable to U.S. interests. Americans are not freer. They are less free than they have ever been in U.S. history.

The Obama administration’s response? Do it again.

It’s hard to imagine anyone who does not have a strong sense of déjà vu this morning, as officials from the president on down gear up for a missile strike against Syria. The U.S. and U.K. governments have both issued statements that they have “no doubt” that the Assad government used chemical weapons against rebel forces and civilians. But U.N. inspectors have not concluded their investigation and have issued no such statement confirming anything.

The Assad government denies use of chemical weapons.

If the U.N. inspectors do conclude that chemical weapons were used, there is still reasonable doubt about who used them. There are suspicions that the rebels may have actually deployed the chemical weapons in an attempt to frame the Assad government and persuade the U.S. to enter the war.

In 2003, the Bush administration emphatically warned of the imminent threat that the Saddam Hussein Iraqi government posed to the U.S. and the rest of world. Images of mushroom clouds over U.S. cities were invoked, with the administration making the absurd claim that Hussein could strike the U.S. within 45 minutes.

No such capabilities existed. After the U.S. had invaded the country, destroyed its infrastructure, displaced over two million refugees and set the stage for an Islamic government friendly to Iran to replace the previous secular one which was hostile towards Iran, it admitted that the “WMD” didn’t exist.

The entire eight year debacle accomplished nothing. Zero. Nada.

Now, even the man who wrote up the plan for missile strikes against Syria says that those strikes won’t accomplish anything.

“Tactical actions in the absence of strategic objectives is usually pointless and often counterproductive. I never intended my analysis of a cruise missile strike option to be advocacy even though some people took it as that,” said Chris Harmer, the senior naval analyst at the Institute for the Study of War who wrote up a plan for missile strikes.

Gen. Martin Dempsey, Chairman of the Joint Chiefs of Staff, has been warning for months that intervention in Syria will accomplish nothing favorable to U.S. interests. He’s gone so far as to say that even if the rebels were to win, they would not likely be friendly toward the U.S. government.

There are no “good guys and bad guys” in this struggle. On one side you have an oppressive dictatorship with strong ties to Russia. On the other you have a fundamentalist Islamic coalition of rebels with many different factions, including one that just took a pledge of allegiance to al-Qaeda leader Sheik Ayman al-Zawahri.

These are the “freedom fighters” the Obama administration has been backing.

In Afghanistan, the “security forces” that U.S. soldiers are training to supposedly enforce the rule of law and democratic government after the U.S. leaves occasionally kill their trainers. They are restrained only by their own officers who remind them of the weapons the U.S. is supplying them.

This is what thousands of American casualties and trillions of dollars in new debt has bought us. That’s not to mention the hundreds of thousands, if not millions of new terrorists that U.S. intervention has created. Every drone strike against a terrorist leader results in innocent civilian deaths. Fathers, brothers or sons of the dead then dedicate their lives to war against the U.S.

Every bomb launched against Syria will be purchased with borrowed money. Each one will take innocent lives and create new terrorists. According to anyone with any expertise, it will accomplish nothing, although the stated goal is to oust the Assad government and replace it with a fundamentalist Islamic government that is even more hostile towards the United States.

The U.S. just did that in Egypt. It did the same in Iraq. The Taliban is now negotiating with the U.S. and others for an end to the war in Afghanistan, where they may very well return to power.

Einstein is credited with defining insanity as doing the same thing over and over again and expecting a different result.

James Madison said that no nation could preserve its freedom in the midst of continual warfare. We haven’t. In the past twelve years, we’ve built a frightening police state, turned federal government surpluses into $12 trillion in public debt and accomplished nothing in the Middle East or against terrorism in general.

Let’s not do it again.

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

 

Elysium: One freedom thumbs up, one down

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TAMPA, August 25, 2013 – It is 2154. A small, wealthy elite live on Elysium, a floating paradise orbiting the earth with stately mansions, majestic landscapes, clean air and perpetual sunshine. The rest of humanity lives on overpopulated, diseased and polluted earth.

The wealthy enjoy 22nd century medicine that can instantly cure any disease or injury, no matter how severe. The earth dwellers have overcrowded hospitals where care is backwards and rationed.

The film doubles as allegory on the illegal immigration issue, with the earth dwellers representing Mexicans and Elysium the United States. Most people on earth appear to be bilingual in English and Spanish, while the elitists in Elysium speak English and French.

It sounds like a typical, leftist Hollywood narrative and in some ways it is. However, it also contains some of what used to be good about the left. Elysium is generally good on criticizing the police state and bad on economic freedom.

The plot revolves around Max, a former petty criminal who has gone straight. Early in the film, Max is harassed and assaulted on his way to work by robot police officers who ask him what is in his bag. Max must then discuss the encounter with his robot parole officer, who extends Max’s parole based upon the incident.

The central conflict is created when Max is ordered by his boss to enter a compartment where a mechanical door has jammed. When Max frees the door, it slams shut on him and the compartment floods with radiation, delivering a lethal dose to Max. His only hope to save his life is to get to Elysium.

When Max learns that his childhood friend has a daughter with terminal leukemia, his quest becomes one to save not only himself but the sick girl. In order to do so, he must make a deal with an outlaw revolutionary to obtain access codes that will open the door to Elysium to whomever possesses them.

The film succeeds in painting a dreary picture of a society that has allowed unchecked government police power to combine with technology. Max’s entire criminal history along with data gleaned from ubiquitous surveillance is instantly available to robot cops and parole officers, who use that data against him despite his being innocent of the current charge. The film also succeeds in conveying the hopelessness that accompanies a society where upward mobility is actively suppressed by an entrenched elite.

The film fails from both an artistic and freedom perspective for several reasons. First, it leaves too many questions unanswered. How did those who build Elysium acquire their wealth? Was it through production and trade or some form of plunder? How do they maintain it? If the earth dwellers are uniformly poor, who does Elysium trade with? Why are the earth dwellers unable to build their own wealth? Why are they unable to develop the same miraculous healthcare technology? The viewer is left to speculate.

Based on the film’s conclusion, one can interpret the film as an indictment of private property itself. The earth dwellers cannot improve their condition because the elite own all of the natural resources and means of production. Their property rights are enforced by the brutal police state, which also suppresses any attempt by “undocumented” earth dwellers to enter Elysium. This leaves them no alternative but to toil away as “wage slaves” for the corporations.

Typical of Hollywood, the film makes no distinction between those who have acquired their wealth in exchange for enormous benefits bestowed on others and those who have acquired it through tax-funded government contracts or privileges. The only private company we are told anything about is Max’s employer, which ironically manufactures the robot policeman who assault Max at the beginning of the film.

That’s a government contract, funded by taxes, which are collected by force. But all government contracts ultimately rely on someone, somewhere creating real wealth, i.e. goods and services that actually improve the lives of consumers enough that they will voluntarily exchange their money for them. Where are these private companies? Where is the justice for them at the conclusion? The film is silent on these questions.

The healthcare issue is treated in an overly simplistic manner that even critics of private, for-profit medicine would be disappointed in. In short, the film removes all economics whatsoever from healthcare. The treatment machines used in Elysium are so miraculous that there is no discernible cost to curing people, outside of manufacturing the machines themselves. It cheapens the healthcare question by characterizing it as cartoonish elitists who simply refuse to allow the rest of society to access care out of contempt for their inferiority.

This allows the film to avoid confronting the real barriers to healthcare access. It doesn’t ask why the price of healthcare constantly rises while the prices of computers and cell phones fall. Perhaps the answers wouldn’t conform with the film’s narrative.

The idea of scarcity in general seems to be lost on the producers. They do not acknowledge that either healthcare or the other riches of Elysium are scarce or confront the way in which wealth is created and exchanged. The conclusion of the film suggests that if all of humanity were simply allowed to divide up society’s products equally among themselves, everyone would live happily ever after.

The immigration motif is equally unrealistic. Depicting Elysium as the United States and the earth as Mexico doesn’t work, because the Elysium and earth of the film together represent the real United States. That seems to be the whole point of the rest of the film. Simply opening the borders wouldn’t change anything. The immigrants would simply find themselves joining the lower class or forming a new, even lower one.

Ultimately, the film fails to face several realities. One is that all property is eventually private property. An apple cannot be owned “collectively” unless no one ever eats it. Once someone does, he has excluded every other human being from eating it. This is true of all goods and services. Even in Soviet Russia property was privately owned. What was different was how it was acquired. How would property be acquired more justly in Elysium? The film is again silent.

The film assumes that private property ownership is a purely artificial concept invented by “exploiters,” which persists only through violent oppression of the exploited. The police state is mischaracterized as an enforcer of property rights instead of a violator of them.

No consideration is given to whether producers have any right to keep the wealth they have produced or whether those who wish to acquire it from them have any obligation to obtain their consent. There is no explanation of why the “have nots” have any more legitimate claim to Elysium’s wealth than the “haves.”

On a more practical level, the film also ignores the question begged by resolution. After the wealth of society is divided up equally among everyone, who will produce what is needed tomorrow to sustain even bare subsistence? What will motivate them to produce it?

The Soviet Union and 20th century China couldn’t answer those questions. Elysium doesn’t even try.

Elysium gets one freedom thumbs up for its ominous depiction of the police state. It gets one freedom thumbs down for its attack on private property and an additional freedom thumbs down for its oversimplification of complex economic problems, even by leftist standards.

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

Dempsey’s Syria letter raises questions about entire Mideast policy

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TAMPA, August 21, 2013 – Gen. Martin Dempsey, Chairman of the Joint Chiefs of Staff, told Rep. Eliot Engel, D-N.Y. in an August 19 letter obtained by the Associated Press that the Obama administration is opposed to even limited military intervention in Syria because the rebels wouldn’t support American interests even if they won.

Dempsey said that the U.S. is capable of destroying President Assad’s air force, but that it would plunge the U.S. into another Mideast war with no strategy for peace.

 

Dempsey’s assessment has been criticized by Sen. John McCain, who called a previous letter to Sen. Carl Levin “disingenuous.” According to the Jerusalem Post, McCain said “No one is seriously talking about striking Assad’s naval forces as part of a limited campaign. And no one seriously thinks that degrading Assad’s air power would require hundreds of American military assets. The whole thing is completely misleading to the Congress and the American people, and it is shameful.”

 

It’s time to take a serious look at just who has misled the American people. For twelve years, neoconservatives and other war hawks have presented military intervention in the Middle East as the only way to fight terrorism, bring stability to the Middle East and champion democratic values.

 

Twelve years of active war has failed to achieve any of those goals. Neither has it advanced any U.S. interest in the region, even if that were a justifiable cause for war.

 

Dempsey’s assessment of intervention in Syria highlights lessons the U.S. should have learned by now

 

First, the conflict is not between two sides, one pro-democracy and one dictatorial. It is a many-sided conflict, involving longstanding ethnic and tribal differences, according to Dempsey. No side is pro-U.S.

 

This is much like Afghanistan, where the U.S. attempted to combine military action with bribes, coalition building and humanitarian efforts to “win hearts and minds.”

 

In the end, the government it backed has waffled on supporting U.S. interests. The security forces U.S. military personnel are training have taken to killing their trainers from time to time, restrained only by Afghan officers who discourage the practice because of the weapons the U.S. is providing them.

 

Last month, the Taliban opened an office in Dohar, Qatar to begin negotiating with the U.S. and others to end the war. What that means for stability, democracy or U.S. interests in Afghanistan remains to be seen. The original reason for invading Afghanistan was to remove the Taliban.

 

This after the U.S. left Iraq a nation in chaos, its infrastructure razed, two million refugees displaced, an ancient Christian community destroyed, and a government with strong ties to Iran.

 

U.S. intervention in Egypt has had similar results, where a military junta uses arms purchased with U.S. foreign aid to slaughter those who protest the recent overthrow of a democratically-elected government. That government was dominated by the Muslim Brotherhood, hardly a result the U.S. welcomed in terms of its own interests or those of its allies.

 

In addition, the Assad regime is a longstanding friend of Russia, which has a naval base in Syria. The Obama and Bush administrations have both unnecessarily strained relations with post-Soviet Russia. Military intervention in Syria could strain them further, with no discernible benefit to the United States.

 

Idealists look at the twelve year U.S. adventure in the Middle East as a righteous mission to bring democracy to the oppressed peoples under dictatorial or Islamic rule. From that perspective, the U.S. has been played for a sucker by a myriad of tribal factions that have cooperated temporarily and then turned on the U.S. the minute cooperation no longer served their interests. Wherever democratic elections have taken place, Islamic governments have been elected with dubious prospects for supporting the U.S. or Israel.

 

Cynics see the period as one of quasi-imperial conquest by the U.S. to remake the political landscape to better serve U.S. interests and secure access to oil and other natural resources. The project has been a disaster from that perspective as well, even if true.

 

It’s time to take a serious look at U.S. foreign policy in the Middle East and in general. There are questions that need to be answered.

 

Based upon twelve years of experience, what do we expect to accomplish in the Middle East? How many decades are we willing to stay at war to accomplish it?

 

How much more money are we willing to borrow?

 

What evidence is there that we have accomplished anything? Why will next year be different?

 

If the U.S. is indeed waging “wars of liberation,” how did U.S. taxpayers become financially responsible for the liberty of every soul on the planet? When will this financial responsibility end?

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

Obama says Edward Snowden isn’t a patriot

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Tampa August 10, 2013 – Yesterday, President Obama spoke to reporters about his plans to address the growing public outcry over domestic spying programs run by the NSA and other U.S. intelligence agencies. During the press conference, Obama said that he didn’t consider Edward Snowden a patriot. Instead, those doing the spying are the patriots, along with those who have “lawfully raised their voices” to defend civil liberties.

Edward Snowden may have broken the law, but “the law is often but the tyrants will,” as Thomas Jefferson famously said.

Never has that been truer than now, when the law protects lawbreakers and forces defenders of our most sacred principles to seek political asylum in other countries. That anyone would seek asylum from the United States government at all, much less in Russia, would have been the stuff of wild fantasy just a few decades ago. Now, the torture of prisoners, arrest and detention without warrant and even execution without a trial are regarded as commonplace.

President Obama is on the wrong side of history.

Edward Snowden will be remembered as a patriot.

President Obama will be remembered as the first U.S. president to kill an American citizen without a trial. History has a word for that, too.

It isn’t patriot.

This has all happened before. Read my op-ed in The Washington Times on the first Edward Snowden in U.S. history…