Category Archives: James Madison

It’s not affordable and Obama doesn’t care

TAMPA, 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.

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

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TAMPA, 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 2^nd 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 2^nd 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?

When is Taxpayer Day?

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TAMPA, May 27, 2013 ― Today is the tenth day since Armed Forces Day. Ten straight days of “thanking the troops,” supposedly for the freedom we enjoy because of the sacrifices they’ve made.

Something needs to be said. It probably won’t be popular, but I have a sinking feeling there are more than a few people who have entertained the same heretical thought I have:

I’m sick and tired of being invited to “thank the troops,” especially for my “freedom.”

There is no disrespect intended towards the families of anyone who has died in one of the government’s wars. The loss of a child, husband, father or mother is a tragedy, regardless of the circumstances.

Moreover, it is hard not to respect the kind of courage it takes to actually go into combat, regardless of the reasons one may have enlisted.

But thanks is quite another matter. Thanks assumes that we have enjoyed some benefit as a result. We’re told that “freedom isn’t free” and the benefit we enjoy is our liberty. That begs an obvious question.

What is the cause and effect relationship between any war the U.S. government has prosecuted, at least since WWII, and whatever relative freedom Americans have left? Are we freer because our government invaded Iraq? Viet Nam? Afghanistan? How?

Asking those same questions in reverse reveals the absurdity of the whole mantra. Obviously, we would not be less free if the government didn’t invade Korea. There is no chain of events that would have followed resulting in you and I being less free to express our opinions or practice our religion. In fact, exactly the opposite is true.

In every war the U.S. has fought, Americans have become less free, especially while the war was going on. Every war president has persecuted war protesters, from John Adams to George W. Bush. Wars have brought taxes, rationing and conscription. Worst of all, American society has become permanently more militarized and socialist (but I repeat myself) with each new war.

Some argue the U.S. government has fought wars for justice, liberating people in other countries or protecting them from evildoers. That may or may not be true, but it begs two more obvious questions:

How did the American taxpayer become financially responsible for the liberty and security of every soul on the planet? When will this responsibility end?

The answer to the first question is a mystery this writer has been unable to solve. The answer to the second is obvious: When all resources are exhausted and all productive capability has been eliminated. That is the end of all military empires.

The American people have truly forgotten what a free country looks like. Worst of all are “small government” Tea Partiers who literally worship the military. Despite all of their talk about the Constitution, one has to wonder if they have ever actually read it’s authors. James Madison wrote,

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

Free people do not worship the military establishment. They are suspicious of it. At one time the average American would not tolerate the existence of a standing army in peacetime. At the conclusion of Shay’s rebellion, John Adams and the U.S. Congress tripped over each other trying to take credit for disbanding the army.

How times have changed.

This is not a utopian vision. We live in a world of nation states, many of which could pose a threat to our liberty and security. There is a need for the means to defend ourselves if another nation besides the United States actually did show aggression. However, the present military establishment is orders of magnitude larger than any free country could possibly need or should tolerate.

The U.S. military employs approximately 1.4 million people. There is a reasonable argument to be made that all ground troops could be eliminated, given our air, naval, missile and nuclear capabilities. But let’s say for argument that 10% should be kept to train others if war broke out.

The rest are just on another government program that gives them free college, free housing, a guaranteed job and a guaranteed pension.

Meanwhile, the Forgotten Man (or woman), the one who pays for all of this, is reviled. He is never thanked. He is only ever told that he does not pay enough. Yet, it is he who actually makes us free, not by paying taxes, but by producing the wealth from which taxes are confiscated. He makes us free by allowing us to pursue our happiness, thanks to the goods and services he provides that we would otherwise have to produce ourselves. It is he who makes “society in every state a blessing.”

When is Taxpayer Day?

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.

Anti-libertarian nonsense: Those government roads

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Libertarianism anyone?

James Madison and the Making of America: The real story of the early American republic

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TAMPA, June 1, 2012 – Everyone has their version of the founding fathers and the U.S. Constitution. The most common is that the British colonies rebelled against their king because of “taxation without representation” and formed an independent republic. Their first try at a government didn’t work, so the best and the brightest among them met in Philadelphia and devised a new one. United in their desire to “form a more perfect union,” the delegates placed their trust in the “father of the Constitution,” James Madison, who masterfully wove “checks and balances” into a document that codified the limited government principles he would fight for the rest of his life.

That’s a nice, sentimental story, but the real one is far more interesting. If you want to know what really happened, then pick up a copy of James Madison and the Making of America by Kevin R. C. Gutzman.

Meticulously researched using primary and secondary sources, Gutzman’s book covers most of Madison’s life, concentrating on his key role in bringing about the constitutional convention and subsequent ratification of the Constitution itself. Gutzman follows the Philadelphia Convention almost day by day, managing to keep the story downright riveting without resorting to the “historical novel” format popular in recent decades. While doing so, he blows up just about every myth about Madison, his colleagues and the Constitution.

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