Category Archives: Featured

But aren’t right-to-work laws also unjust?

TAMPA, December 13, 2012 ― As expected, the reaction to Monday’s column about Michigan’s right-to-work legislation inspired spirited discussion.

Weeding out both praise and invective that were unresponsive to my argument, there was a dissent that had merit. It was the libertarian argument that right-to-work laws also violate the rights of employers and employees to make a voluntary contract. An employer should be free to require membership in the union and/or payment of dues as a condition of employment.

Like most libertarians, I agree with that argument in principle, but one cannot evaluate right-to-work laws in a vacuum.

Right-to-work laws and the Taft-Hartley Act from which they proceed are wholly a reaction to the Wagner Act. The proponents of Taft-Hartley first tried to get the Wagner Act repealed. When the Supreme Court ruled Wagner constitutional, conservatives passed Taft-Hartley. If the Wagner Act were not already law, Taft-Hartley would be both unnecessary and unjust.

However, in the context of the Wagner act, neither is necessarily true. A brief allegory will illustrate.

Employer Smith sits down at the bargaining table with Union Jones. The two discuss potential terms of an employment contract, but are unable to reach an agreement. Jones wants more than Smith is willing or able to pay. Smith gets up to walk away.

Just then, Luca Brasi walks up and makes Smith “an offer he can’t refuse.” Brasi puts a gun to Smith’s head and invites him to sit back down, assuring him that at the end of the meeting, either his brains or his signature will be on a collective bargaining agreement.

Brasi is the Wagner Act.

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Michigan unions say no right to work

TAMPA, December 10, 2012 – Lansing, Michigan is bracing for an onslaught of protestors following Republican Governor Rick Snyder’s indication that he would sign “Right to Work” legislation currently making its way through the state legislature. President Obama and Harry Reid have both joined Michigan Democrats in denouncing the bill.

As usual, both liberals and conservatives are already demonstrating their skewed perception of reality in weighing in on this debate. President Obama told workers at an engine plant outside Detroit that “what we shouldn’t be doing is trying to take away your rights to bargain for better wages,” as if the law would do any such thing.

However, Harry Reid surpassed all in obtuseness when he called the legislation a “blatant attempt by Michigan Republicans to assault the collective bargaining process and undermine the standard of living it has helped foster.”

Perhaps the senator should ask the residents of Detroit, an entire city laid waste by New Deal union legislation, how they are enjoying the standard of living it has produced.

Libertarians haven’t been able to say this in quite a while, but the conservatives are mostly right on this one, although perhaps for the wrong reasons.

The only troubling sentiment coming from grassroots conservatives is the animosity towards labor unions themselves. Many seem to believe that the mere existence of labor unions causes economic distortions. Nothing could be further from the truth. Labor unions themselves are not the problem.

Like virtually all human misery, labor market distortions are caused by the government. Specifically in this case, they are rooted in the National Labor Relations Act of 1935 (a.k.a. the Wagner Act).

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Libertarian themes pervade The Little Drummer Boy and Santa Claus is Comin’ to Town

Tampa 8 December 2012 – “And it came to pass that there went out a decree from Caesar Augustus that all the world should be taxed. And all went to be taxed, everyone to his own city, for to disobey the Roman emperor meant certain death.”

The message in the opening lines of The Little Drummer Boy (1968) is as rich and pleasing to the ear as Greer Garson’s euphonious narration.

First, that Bethlehem was so crowded and there was “no room at the inn” for Joseph and Mary was not at all a natural occurrence. It was caused by the government, like virtually all human misery. Second, that all taxation occurs under the threat of violence, for to refuse to pay would result in “certain death.”

This is all within the first 30 seconds of the film. A libertarian couldn’t ask for a better start.

Taxation is repeatedly denounced throughout the story. Garson continues by noting that, “There were good people who could ill afford the cruel tax.” Even the film’s chief villain, Ben Haramad (voice by Jose Ferrer), who kidnaps Aaron in order to compel him to perform in his traveling show, addresses his audience as “fellow taxpayers,” indicating that as bad as he might be, he is one with his audience in suffering under a much more cruel and malicious oppressor.

I couldn’t have been happier that my seven-year-old daughter was exposed to all of this, along with a very age appropriate introduction to the gospel stories. With the central lesson of Thanksgiving – that communism is lethal and private property essential to human survival – effectively erased from popular consciousness, it was refreshing to see these foundational libertarian ideas surviving in a classic Christmas special.

Next, we queued up another oldie from the same DVD compilationSanta Claus is Comin’ to Town (1970). This one didn’t disappoint, either.  Again, the general misery within the aptly named “Sombertown” has the same source: government. One cannot help but see the parallels between Burgermeister Meisterburger’s idiotic law against toys and the U.S. government’s War on Drugs. All of the familiar characteristics are there.

First, the law is completely ineffective in stopping the children of Sombertown from playing with toys, aided by a young, energetic Kris Kringle. When the government confiscates the toys, Kringle brings more. When the government starts searching houses, Kringle hides the toys in stockings hanging by the fire.

Of course, each government failure to prevent human beings from engaging in activity that is harmless to others results in ever more oppressive measures. As they do in the “land of the free” today, the government finally resorts to “no knock raids,” with armed men breaking down the doors of innocent and guilty alike. Parents and children huddle together in fear.

Meisterberger demonstrates government hypocrisy when he breaks his own law by playing with a yo-yo given to him by Kringle. What an effective analogy for the government’s own involvement in drug trafficking, both by street cops “gone bad” and by the CIA in its vast covert operations.

Meisterburger further emulates the U.S. government with ridiculous overreach in enforcing his unjust law, arresting not only Kris Kringle, but his whole family, his future wife Jessica and even the reformed Winter Warlock. All are charged with “conspiracy,” a tactic utilized by the government to circumvent the rules of evidence in court and put over 2 million people in prison.

The story also features a useful idiot in Jessica, who at first blindly supports the law, until Kringle gives her a china doll. Realizing how harmless to others her own enjoyment of the doll is, she finally begins to question the wisdom of prohibition.

Kringle escapes the dungeon with the help of the Winter Warlock’s flying reindeer and remains an outlaw for many years afterwards. However, the story ends happily as the libertarians outlast the oppressive Meisterbergers, who eventually “died off and fell out of power.” As narrator Fred Astaire relates,

“By and by, the good people realized how silly the Meisterberger laws were. Well, everybody had a wonderful laugh and then forgot all about them.”

If only the good people of the United States would attain similar wisdom.

Within this pleasant little Christmas story, youngsters couldn’t be taught a more radical libertarian lesson.  The government is evil. Its edicts are often unjust and result in needless misery. The hero of the story is an outlaw who practices civil disobedience to bring a little happiness to his fellow man. Regardless of your feelings on drug prohibition, there are a thousand other parallels to real world government oppression.

Conservatives often complain that modern Christmas specials have scrubbed Jesus Christ out of the holiday, turning it into a secular celebration of gift giving and merrymaking. That’s not hard to understand coming out of “progressive” modern Hollywood, whose animosity towards Christianity rivals its animosity towards free enterprise. It also explains why these wonderfully libertarian themes have disappeared from today’s politically correct holiday fluff.

Whatever your religious beliefs, even if you have none at all, you can’t go wrong watching these classic Christmas specials with your children. Not only will they learn the true meaning of Christmas, but they will be exposed at a young age to the founding American principle that government is evil.

God bless us, everyone.

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.

Nullification and Secession? Juries can nullify Obamacare and the Drug War with much less drama

TAMPA, December 2, 2012 – For libertarians, the reemergence of ideas like secession and state nullification couldn’t be more welcome. Both are attempts to resist the exercise of arbitrary power, which is power never delegated to the party attempting to exercise it. They should remain the last resort for free people to resist tyranny.

The problem with both remedies is that they provoke confrontation with the federal government. That doesn’t mean they aren’t legitimate tools, but they play into the government’s hands. The government loves war and domination. State nullification and secession give the government the opportunity to employ both.

Using the state government to resist unconstitutional federal laws pits one government against another. Ultimately, it can lead to an armed confrontation between state and federal agents, each attempting to enforce their respective laws. For peaceful freedom lovers, it’s an away game.

Secession brings with it even higher stakes. Although secession is not rebellion, as the seceding state is not attempting to overthrow the existing government, the federal government will say it is. History has taught us that enough people will believe it that the government can justify a war. Like nullification, it’s also an away game.

Jury nullification gives us the home court advantage. There is no enemy that the government can fight its war against. There is no opportunity for violence because none of the government’s edicts are technically violated. Its own rules call for “a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed.”

Fine. The trial was held. The defendant was acquitted. Go pound sand.

History supports this argument. When South Carolina’s state government nullified the Tariff of Abominations in the 1830’s, Democratic President Andrew Jackson threatened to invade the state. When the southern states peacefully seceded in the 1860’s, Republican President Abraham Lincoln did invade.

The results have been different for jury nullification. If you’re drinking a beer or enjoying a glass of wine while reading this article, you’re safe from government goons breaking down your door to a large extent because of widespread jury nullification of Prohibition during the 1920’s.

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Mitt Romney did not pay less in taxes than his secretary (and raising capital gains tax will destroy the economy)

TAMPA, December 1, 2012 ― President Obama and the Democrats were successful in 2012 largely on the strength of some rather outlandish demagoguery. “Billionaires pay fewer taxes than their secretaries” was one slogan that was particularly successful.

The Obama campaign successfully made an issue out of Mitt Romney’s taxes, finally getting Romney to admit that he paid around 13% of his earnings in taxes over the past several years. The “fair share” crowd contrasted this with the higher percentage that would have been paid by a secretary in the 28% bracket, for example, who would still pay more than 13% even after deductions.

That Americans bought this specious argument is more worrisome than that the Democrats made it.

Romney’s tax percentage was low because most of earnings came from capital gains, not income. Capital gains are just what they sound like. They are the appreciation in the value of one’s capital. If you buy a stock at $5 per share and its price goes up to $7 dollars per share, you have realized $2 in capital gains. If you sell that stock at a $2 dollar profit, the government wants a percentage.

Right now, Mitt Romney would pay 35% income tax and 15% on capital gains. The average secretary would pay 15% income tax and 15% on capital gains. So, Romney’s tax liability as a percentage of income is more than double the average secretary’s. His tax liability on capital gains is the same. Obviously, Romney’s nominal tax payments in both categories would exceed the secretary’s by orders of magnitude.

That’s how things actually are out here in the real world.

So why is the tax rate on capital gains lower than on income? Because “capital,” by definition, comes from previously taxed income.

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The fiscal cliff: Another phony emergency to give the government more power

TAMPA, November 27, 2012 – The 24-hour news cycle is dominated with frantic warnings about the “fiscal cliff.” If you merely listen to the sound bites, there is another “emergency” facing the United States of America and only some drastic action by Congress can avert it.

What nonsense. Don’t Americans ever learn anything from even the recent past?

Just four years ago, we were told that if we didn’t allow Congress to give Wall Street almost a trillion dollars of our money, the end of the world would occur. The “bold” legislation was necessary to “save the financial system.” Other than preventing a lot of billionaires who made bad investments from losing their money, I’m not sure what that was supposed to mean.

It didn’t prevent millions of borrowers from losing their homes. That happened anyway.

We were told after 911 that “the world changed” and the 4th, 5th and 6th amendments to the Constitution would have to be trashed. Americans now subject themselves to unreasonable searches without warrant merely for the “privilege” of getting on a plane. They allow presidents to arrest American citizens without a warrant or charges and hold them indefinitely without recourse to a writ of habeas corpus.

The president can even kill American citizens without due process.

It was all supposedly necessary to protect us from…the shoe bomber and the underwear bomber. Both defeated the new government security apparatus and were subdued by private citizens.

Both initiatives were accompanied by a non-stop barrage of media propaganda trumpeting impending doom if the government wasn’t given more power.

The fiscal cliff scam is playing out exactly the same way. Day and night, Americans are bombarded with the same message. If Congress doesn’t do something, the world will end.

There are two components to this supposed disaster. The first is the “draconian cuts” to government spending built into the Budget Control Act of 2011. Supposedly, they will “gut the military,” while plunging the economy back into recession.

There is only one problem. Even if Congress fails to make a deal, nothing is being cut from the federal budget.

Let me repeat that. Nothing is being cut.

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The real question about Benghazi: Was Chris Stevens a CIA agent?

TAMPA, November 25, 2012 ― The media can’t get enough of the “investigation” into what the Obama administration knew about what was happening in Benghazi and when they knew it. Obama survived the initial furor and got reelected, but the controversy rages on.

What is the real question here? Judging from media coverage and the Congressional investigation, we might assume that the only matter to be resolved is whether the Obama administration knew that a coordinated terrorist attack was underway, rather than a spontaneous demonstration against an anti-Muslim film. According to this narrative, Obama could have been more proactive in responding to the attack and sent in military assistance to try to save Stevens and his associates.

None of this would seem to be the stuff of a major scandal. The Obama administration may or may not have handled the situation properly. If they didn’t and tried to cover up their incompetence, it would hardly be a new Watergate. The intensity of the controversy doesn’t jibe with its supposed cause.

Or is there another reason for a cover-up by the White House? Was Chris Stevens a CIA agent?

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As far back as October 25, Fox News’ Andrew Napolitano asked this question and he was not alone. He cited his colleague Justin Fishel’s report on the same subject. According to Fishel:

“In reality, CIA agents and other intelligence officials were operating out of Benghazi conducting delicate missions, including the search for over 20,000 deadly shoulder-fired missiles previously owned by Muammar Qaddafi’s Libyan forces … Both the CIA outpost and the consulate were attacked on Sept. 11. Two of the men killed, Glen Doherty and Tyrone Woods, were hit by indirect fire while defending the intelligence post, not the consulate.”

If the September 11 attack targeted a CIA base actively conducting covert operations within Libya, it renders the whole question of whether the attack was a reaction to the infamous video or a coordinated terrorist attack moot. Under those circumstances, it would be neither. It might more accurately be described as a “counterinsurgency operation” carried out by forces opposed to the new U.S.-installed Libyan government. Perhaps they were aligned with the ousted Qaddafi government. Perhaps they were al Qaeda who were happy to accept U.S. assistance in getting rid of Qaddafi and are now happy to turn on the U.S. That would be a familiar story.

Regardless, Stevens’ death might have been collateral damage in an attack against a known (in Libya) CIA covert operation. Or Stevens might have been a CIA operative himself who was not only participating in the post-revolution operations in 2012 but had actively participated in the overthrow of the Qaddafi regime. According to Napolitano, this theory might fit the facts better than any offered so far.

“Now we can connect some dots. If Stevens was a CIA agent, he was in violation of international law by acting as the U.S. ambassador. And if he and his colleagues were intelligence officials, they are not typically protected by Marines, because they ought to have been able to take care of themselves.”

If Stevens was a CIA agent actively involved in covert operations, it would be a major international scandal. It would call into question not only the Obama administration, but all of the U.S. government’s activities during its decade-long “war on terror.”

So why have neither the media nor the Congressional committee even asked the question?

Fishel confirms that the House oversight committee investigating the incident has been instructed not to investigate certain aspects of the Benghazi operation.

That means that no one is even trying to get at the truth. The Congressional investigation and the media frenzy amount to little more than a distraction for the American public, which seems to have taken the bait hook, line and sinker. They join the two major parties in fiercely debating a non-issue while ignoring the crucial questions asked by a few actual journalists.

Was Chris Stevens a CIA agent? Was the attack on Benghazi a terrorist attack or a counterattack against a covert military operation? Are there other U.S. diplomats actively participating in covert operations while posing as ambassadors of peace to foreign governments? Has the U.S. government become as immoral as the terrorists it purports to be fighting? What else do we not know about its international activities?

The silence is deafening.

U.S. Foreign Policy: 100 Years of Failure

TAMPA, November 19, 2012 — An Iraqi diplomat has called upon other Arab oil producers to “use oil as a weapon” against the United States. Fox News reports this as if it should come as a surprise.

“The shocking statement from a democratic government in power only after the U.S. and allies ousted murderous dictator Saddam Hussein in a costly and bloody war laid bare the Middle Eastern nation’s true allegiance,” reports Fox.

The detachment from reality exhibited by news organizations like Fox and Americans in general is stunning. Americans actually believe that Iraqis should be grateful that the United States invaded their country, destroyed their infrastructure, killed hundreds of thousands of innocent civilians and made homeless refugees of millions more.

They also believe that after deposing a relatively westernized dictator and putting the Shia majority in power, the resulting government would not seek to retaliate against U.S. support for Israel.

This is by no means an isolated incident. It is a recurring theme. Contrary to official myth, U.S. foreign policy has been a failure for the past 100 years, virtually without exception.

We’re constantly told that the United States has a “special role” in the world, due to its status as sole superpower and the role it has played over the past century “defending freedom.” This is pure delusion.

A small percentage of Americans are vaguely aware that Osama bin Laden did not create Al Qaeda (Arabic for “the base”). It was started in Pakistan by Sheik Abdullah Azzam with CIA support. According to veteran reporter Eric Margolis,

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

Continue at Communities@ Washington Times…

President Obama: Staying out of Gaza conflict your biggest test

TAMPA, November 16, 2012 – Dear President Obama,

Push may be coming to shove in Israel. There is only so long that one side can tolerate rockets being fired into its territory and the other can tolerate living under martial law imposed by a foreign power. The whole world hopes for a diplomatic solution, but one side or both may insist upon war.

If it comes to that, then you will face the biggest test of your presidency. Under enormous pressure to do otherwise, the right decision will be to do nothing.

The government you run is bankrupt and the nation is weary of war, especially the pointless kind we’ve waged in the Middle East over the past decade. History will eventually judge both of those wars U.S. defeats. A mighty empire invaded a third world backwater and was eventually expelled by guerilla “freedom fighters” defending their homeland. It’s an old story, but apparently neither voters nor world leaders learn much from history.

For now, the U.S. can declare victory in Afghanistan and withdraw and only good can come of that. What we cannot afford, economically or from a national security standpoint is to go right back into the Middle East, this time with world war a very real possibility.

There is already some speculation that a major offensive by Israel into Gaza may merely be a warm-up for a war with Iran. That may or may not be the Israeli government’s intention, but no rational person can deny that the situation has enormous potential to go there. At that point, it will be more important than ever to adopt the foreign policy that 24 consecutive U.S. presidents said was what made our nation wealthy and powerful: nonintervention.

U.S. citizens have been badgered for a decade with the tired argument that history has taught us not to “appease” a dictator. First Saddam Hussein and now Mahmoud Ahmadinejad have been the latest Hitler. Appease them, we are told, and they will not stop until they take over the world. Of course, no one stops to ask the obvious question: With what?

Let’s talk about Hitler and what we learned from history. Chamberlain’s infamous agreement is rather late in the game to pick up the story. Let’s rewind back to Hitler’s rise to power. It could never have happened without the economic hardship Germans suffered as a result of the Treaty of Versailles. That one-sided treaty would never have been signed had the U.S. not entered WWI and turned a stalemate that all countries wanted a way out of into a decisive Allied victory.

Sound familiar? It should, although there is a major difference here. Any war between Israel and either the Palestinians or Iranians – or even both of them together – would not be a stalemate. It would be a decisive Israeli victory that might lead to a lasting peace, if all of the players understand that they are on their own.

Continue at Communities@ Washington Times…

Election 2012: Was Obama the lesser of two evils?

TAMPA, November 8, 2012 – “We’re all socialists now.”

If all of the pre-election hype about the presidential election being a choice between socialism and capitalism was true, then that statement must be true.

I doubt most Americans believe it.

In fact, Obama is no more a socialist than Romney is a capitalist. Obama has not called for state ownership of the means of production. Romney has not called for a laissez faire economy. Absent the rhetoric, they would both be most accurately described as European social democrats.

For libertarians, the choice between them was “heads the government wins, tails libertarians lose.” It is generally assumed that libertarians would consider Romney the “lesser of two evils.” I don’t think that’s true.

Romney’s rhetoric employed buzz words that both libertarians and conservatives respond to, like “free markets,” “small government” and “less taxes.” Obama’s rhetoric employed universally recognized code words for wealth redistribution like “fairness,” “fair share” and “investment.”

However, when you strip all of that away, the policy platforms of the two men were virtually identical.

Obama wants to raise taxes on the wealthy to help balance the federal budget. Romney does not disagree. Romney stated – over and over again in the first debate – that his plan to lower the income tax rates while simultaneously “closing loopholes” (translation: eliminate deductions) was aimed at getting the wealthy to pay more while giving small business and the middle class a tax break.

When Obama says it, he’s a socialist. When Romney says it, crickets.

Continue at Communities@ Washington Times…