Category Archives: American History

It’s not affordable and Obama doesn’t care

Obama_desk_s640x427TAMPA, January 3, 2014 – Two days ago, Americans rang in the first New Year in its history in which they were required to buy a private company’s product, regardless of their wishes. Predictably, the bloom was already off the rose, even for supporters of this debacle.

The reality that the Affordable Care Act will make insurance premiums go up and eliminate existing health plans whether members liked them or not had already set in. As for those 45 million uninsured we heard so much about four years ago, 44 million of them presumably remain uninsured under the ACA. That the website can’t handle the traffic is likely providing cover for millions of Americans who just aren’t interested in complying.

The lion’s share of blame has been focused on President Obama, but that is really counterproductive. Despite his name being forever attached to “Obamacare,” Obama really had little to do with creating it. He didn’t write the bill. He probably hasn’t even read it.

President Obama’s role in Obamacare was to use the “bully pulpit” of the Oval Office to pitch a tired, old and previously rejected idea that suddenly had new life because of a financial crisis that was largely blamed on the Republican Party, fairly or not.

So where did it come from? The snap answer would be Democrats, who passed the bill without a single Republican vote. That’s good politics for the Republicans, but only because Americans have an extremely short memory.

Even Romneycare in Massachusetts was not the genesis of Obamacare. The individual mandate, subsidies for low income earners and most other attributes of Obamacare were all part of the Health Equity and Access Reform Today Act of 1993, introduced by Republican U.S. Senator John Conyers and supported by fellow Republicans Orrin Hatch, Chuck Grassley, Bob Bennet and Kit Bond, among others.

Bennet would go on in 2007 to join Democrat Ron Wyden in introducing the Healthy Americans Act, which also featured an individual mandate and “State Help Agencies,” now called “health care exchanges” or “health care marketplaces.”

That Republicans used to introduce this horrible program as an alternative to the even worse single payer proposal by Democrats is no excuse. It is precisely the tyrannical, economically obtuse and grossly unfair program that Republicans have described it as for the past four years – after promoting it for the previous twenty.

It goes to show that given a long enough stay in Washington, D.C., anyone will begin to see govenrment as the only answer to any problem, most of which are created by government in the first place.

More importantly, debacles like Obamacare are rarely the result of presidential elections. Presidents like FDR, LBJ and Obama merely become the face associated with laws that finally pass after resistance has been worn down over decades.

James Madison’s words from the Federalist are instructive:

“But in a representative republic, where the executive magistracy is carefully limited; both in the extent and the duration of its power; and where the legislative power is exercised by an assembly, which is inspired, by a supposed influence over the people, with an intrepid confidence in its own strength; which is sufficiently numerous to feel all the passions which actuate a multitude, yet not so numerous as to be incapable of pursuing the objects of its passions, by means which reason prescribes; it is against the enterprising ambition of this department that the people ought to indulge all their jealousy and exhaust all their precautions.”

Despite the many usurpations of power by the executive branch, it is still “the enterprising ambition” of Congress that causes most of the misery government continues to spread. Given enough time, they will impose their boondoggles, no matter how unwise and unpopular they are.

There are over 100 members of the House of Representatives that have sat in those seats since at least the 1990’s. There are almost 30 members of similar longevity in the Senate.

Who knows what they’ll drag out of the dustbin next? It’s time for voters to do a little sweeping of their own. The letters after representatives’ names should make little difference.

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

The Thanksgiving Day deception: Exhibit A against public schools



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

Little do they know they’ve been lied to.

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

But that’s not what saved them from starvation.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Why a free market would work for health care

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

Replace?

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

 

Is every nation on earth besides the United States “isolationist?”

kingTAMPA, September 3, 2013 – Just one day after President Obama requested a debate in Congress on military intervention in Syria, Rep. Peter King (R-N.Y.) has already trotted out the usual bludgeon against any call for restraint. Bomb Syria or you are an “isolationist.”

“Right now, I would say, if the vote were today, it would probably be a no vote. I’m hoping by the time next week comes around and hopefully the president can make his case that he will be able to get a majority of the House of Representatives. Right now, it would be very difficult and also we have an increasing isolationist wing in our party, which I think is damaging to the party and to the nation.”

Only in America is the word “isolationist” used to describe reluctance to initiate wars of choice. In every other context, that word has a far different meaning.

China had two major periods of “isolationism,” the first starting in the 14th century. For China, isolationism meant cutting off foreign trade, shipping, immigration and emigration.  China entered another period of isolationism under Mao Zedung, again closing its borders and cutting off all commerce with the outside world, other than the Soviet Union.

Japan also had its isolationist period between the 17th and 19th centuries. Isolationism for Japan meant prohibiting trade, immigration, emigration and correspondence with the outside world. It had nothing to do with a reluctance to go to war, much less with a reluctance to get involved in wars that had nothing to do with Japan.

The isolationist policies of China and Japan were considered repressive and backwards, forcibly isolating their citizens from the benefits of trade and friendship with other nations and cultures.

That’s why noninterventionists’ opponents choose to call them “isolationist;” to smear them as backwards and against “progress.” There is even a connotation of selfishness that attaches itself to those who do not support wars of choice. This is ridiculous, of course, but words can be powerful.

The UK Parliament just voted down military action against Syria. Of the other 190 nations of the world, only France joins the United States in supporting a strike.

When the Bush Administration invaded Iraq, only three other nations contributed troops.

The United States now spends more on its military than the next ten nations combined. They have 900 bases in over 100 countries. No nation on earth or in human history comes close to that military footprint.

Is every nation on earth besides the United States “isolationist?”

Despite not being attacked by another nation’s military in over seventy years, the United States has been almost constantly at war.

The active wars combined with maintenance of the massive overseas military establishment has been the single largest contributor to the federal government’s $12 trillion in public debt.

It has also skewed American manufacturing towards producing weapons and armaments, rather than products that enrich the lives of American citizens.

These are just a few consequences of the decision during the last century to abandon the foreign policy of Washington and Jefferson and “go abroad looking for monsters to destroy.”

As the debate in Congress heats up, Rep. King will certainly not be the last one to call those arguing for restraint isolationist. Hopefully, the American public will be more discerning than most media and recognize that friendship and trade with all nations combined with military restraint is not isolationism. It is the opposite.

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 are American citizens financially responsible to defend Syrians?

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

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.

Egypt in flames: A perfect metaphor for U.S. foreign policy

TAMPA, August 19, 2013 – At least 64 more people died in Egypt Friday as fighting erupted between Muslim Brotherhood-led supporters of ousted president Mohmmad Morsi and armed civilians who oppose them. Police officers were among those killed, some possibly fighting out of uniform with vigilante forces.

The Brotherhood has called for daily protests “until the coup ends,” meaning that the democratically-elected Morsi is returned to power. With chances of that close to zero, there is no clear pathway to an end to the carnage.

Egypt is in flames. It is a perfect metaphor for U.S. foreign policy.

Yesterday, President Obama announced that he was canceling joint military training exercises with the Egyptian military. “Our traditional cooperation cannot continue as usual when civilians are being killed in the streets and rights are being rolled back,” the president said.

The civilians are being killed with weapons purchased with U.S. foreign aid to Egypt.

Just two years ago, the Obama administration materially supported the “pro-democracy” revolution against Hosni Mubarak, but has refused to condemn the Egyptian military’s deposing of Morsi.

If the administration were to recognize that as a coup, it would be legally required to cut off military aid.

Meanwhile, the administration is supporting a rebellion against President Assad of Syria. That has strained relations with Russia, a longtime ally of Syria and supporter of the multi-generational Assad regime. Russian president Vladimir Putin has publicly questioned why the United States is supporting rebel forces in Syria that include Al Qaeda after fighting extended wars against Al Qaeda in Iraq and Afghanistan.

The tension may have influenced Putin’s decision to grant asylum to fugitive Edward Snowden. In response to that, Obama cancelled a scheduled meeting with Putin.

The failures are not confined to the Obama administration.

The Bush administration reacted to 9/11 the way FDR reacted to Pearl Harbor. It attempted to wage conventional war against an unconventional enemy.

“Mission accomplished,” declared President Bush in May, 2003, after U.S. forces had marched into the Iraqi capital, the traditional measure of victory in a conventional war.

The problem was that Saddam Hussein’s forces weren’t the real enemy. Eight years later, 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.

“No one in his right mind speaks of a U.S. victory in Iraq these days,” wrote former Congressman Ron Paul.

Paul also noted that the Taliban has recently opened an office on Doha, Qatar, where it will negotiate with the U.S. on ending the war in Afghanistan. Few doubt that the Taliban will be a major influence in Afghanistan, if they don’t eventually return to power altogether, after the U.S. withdraws.

The entire, twelve-year U.S. adventure in the Middle East has been an unmitigated disaster, using any of the measures of success offered by its proponents.

It did not neutralize weapons of mass destruction in Iraq. They didn’t exist.

It did not permanently depose the Taliban.

It did not eliminate or even reduce al Qaeda, which filled every vacuum created by U.S. arms.

It has not made the Middle East more stable.

It certainly has not made Americans freer. The Patriot Act, the TSA, NSA collection of phone and e-mail data, indefinite detention without due process and the presidential kill list have all accompanied the war on terror. While military intervention did not cause these domestic policies, it has done nothing to reduce the perceived need for them.

The U.S. has learned nothing from the Cold War. The two significant military interventions during that period were its only failures. The U.S. left Viet Nam in defeat. The Vietnamese largely abandoned communism on their own in the decades that followed.

The U.S. prevented North Korea from taking over South Korea, but still finds itself entangled in the six decade standoff that followed it. North Korea is one of the few truly communists countries left in the world, largely because an outside threat unites people behind the government.

It’s time to give serious consideration to a noninterventionist foreign policy. The results of trying to police the world and export democracy have been exactly the opposite of what was intended. It’s a lot like when the government intervenes into the economy. When it puts price controls on food to help the poor, it results in food shortages and the poor starve.

It is often said that if the United States did not have its massive military presence around the world, other powers like China would fill the void. Let them.

The idea that there is something to fear from potential rivals “controlling resources” is based upon economics as spurious as those employed by the price controllers. Natural resources are worth nothing if not sold to all potential buyers. Oil is not sold from government to government. It is sold to major exchanges and from there to the highest bidder.

While the United States is bankrupting itself blowing up bridges and then rebuilding them in Middle East backwaters, China is investing in resources in Africa and elsewhere. They do not appear worried about their security despite the absence of military bases outside their borders.

The interventionists would do well to read the inauguration speeches of the first 22 U.S. presidents. Regardless of their differences on domestic policy, their comments on foreign policy play like a broken record.

Nonintervention worked. It’s no coincidence that the United States rose from one of the poorest economies in the world to the mightiest economy in human history while this was its foreign policy. Being the world’s policeman has played a large part in reversing that trend.

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

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…

Libertarians to Chris Christie: Is life so dear, or peace so sweet?

TAMPA, July 27, 2013 – Rep. Justin Amash (R-Mich.) introduced an amendment to the Defense Appropriations Bill that would have defunded the NSA’s blanket collection of metadata and limited the government’s collection of records to those “relevant to a national security investigation.”

It terrified New Jersey Governor Chris Christie, who lashed out at those who supported the bill and libertarianism in general.

“As a former prosecutor who was appointed by President George W. Bush on Sept. 10, 2001, I just want us to be really cautious, because this strain of libertarianism that’s going through both parties right now and making big headlines, I think, is a very dangerous thought,” Christie said.

Yes, it is dangerous, but to what? It is dangerous to the bloated national security state, which tramples the liberty and dignity of every American under the pretense of protecting them from what Charles Kenny recently called the “vastly exaggerated” threat of terrorism.

Chris Christie shamelessly invoked the image of “widows and orphans” of 9/11 in an attempt to discredit any resistance to the federal government’s complete disregard for the Bill of Rights. He then echoed former NYC Mayor Rudy Guiliani in claiming some imagined authority on the matter because he is the governor of the state “that lost the second-most people on 9/11.”

Newsflash to Governor Christie: You have no more moral authority on this subject than the U.S. Congress had legislative authority to pass the Patriot Act.

Christie doesn’t understand that the power that legislators may exercise is limited to what was delegated to them in the Constitution. He seems to believe that power changes depending upon how he “feels.”

“I think what we as a country have to decide is: Do we have amnesia? Because I don’t,” he said. “And I remember what we felt like on Sept. 12, 2001.”

Ignoring the cheap tactic of trying to paint libertarians as “unfeeling” or not having sympathy for the victims of 9/11, there is a simple answer to Mr. Christie’s question.

“We as a country” decide questions like this through Article V of the U.S. Constitution. The Fourth Amendment forbids the federal government from running programs like the NSA’s. Only an amendment that revises or repeals it can change that.

Until then, the federal government does not have the power to do what it is currently doing, regardless of any terrorist attacks or how Mr. Christie feels about them.

Amash’s amendment should be unnecessary, but it is preferable at the moment to the remedy offered in the Declaration of Independence for a government that exercises power not given to it by the people.

If history provides any guidance, the people will never give this power to the federal government. Let’s not forget that none of the Soviet-style security measures establishd since 9/11 have prevented a single terrorist attack, other than those the government created itself. Flight 93 on 9/11, the shoe bomber and the underwear bomber were all foiled by private citizens, the latter two after the perpetrator walked right past the government’s garish security apparatus.

The truth is that no security measures will ever be able to make Americans 100% safe from harm. There is absolutely nothing the U.S. government could do right now to prevent Russia or China from launching a nuclear attack on the United States. What makes one unlikely is the ability for the United States to retaliate and the lack of any good reason for either country to do so. The United States doesn’t routinely commit acts of war against Russia or China.

Perhaps that strategy might also be effective in preventing terrorism.

Regardless, the government can’t stop the next terrorist attack any more than it has stopped any previously. What it can do is continue to erode American liberty. This country is already unrecognizable as the same one that ratified the Bill of Rights. The Chris Christies and Michelle Bachmanns (she’s “one of them”) of this world are too busy cowering in fear to be concerned with “esoteric” subjects like the liberty and dignity of the individual.

Their opinions are not important. The people will decide whether a false sense of security is worth their liberty or not.

The first shot in this war has been fired. Amash lost the opening battle, but so did the colonists at Bunker Hill.

The real question that the American people will have to answer is this:

Is life so dear, or peace so sweet, as to be purchased at the price of chains and slavery?

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