Category Archives: Founding Fathers

To the People of Texas: Concerning the Republican Presidential Primary

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It is no accident that so many of the books and movies about the Old West are set in Texas. There is something about Texas that stirs the soul. It is the yearning for freedom.

From before its birth as a republic or a state within this union, Texas has been a place where people have gone to be free. As an isolated state in the Mexican republic, Texas provided a sanctuary for all who wished to live their lives without interference from a distant capital. When the Mexican government attempted to exert centralized, despotic power over your ancestors, they fought with Santa Anna and the federalists. When that general later repudiated liberty and betrayed the Texans, they stood against him and won their freedom again.

Americans have always thought of Texas as an independent state that only reluctantly joined the union, with one foot out the door ever since. It is not that Texans are unpatriotic. On the contrary, Texas is the last place in America where the principle of federalism still seems to live. None doubt that Texas will support and defend her fellow states. However, Americans have always fondly imagined Texas’ stance towards the federal government to be, “Don’t push us too far or we’ll leave. We’re quite capable of taking care of ourselves.”

In an age where centralized power has reached into every aspect of our lives, only Texas exudes a spirit of resistance. When Americans think of a well-armed, independent populace, they invariably think of Texans. If the federal juggernaut is ever to be checked, who better to lead?

The limits on government power have been under attack since the birth of the republic. Now they are all but gone. The government no longer protects your life. It claims the power to kill you without trial. It no longer protects your property, but loots it to fund its failed social programs and foreign adventures. Worst of all, it no longer recognizes your God-given right to liberty. It believes that it can tell Texans what they can eat, what they can drink, how they must run their businesses, what they can and cannot do on their own property, and even what they can think.

Sadly, most Americans have forgotten how abhorrent these ideas are. Many of us like to think that Texans have not forgotten. Have you? You have an opportunity to answer that question during this election year. There is one man running for president that opposes everything that is wrong with America. It is no mistake that he comes from Texas.

For Texas Republicans, every election must bring back the sting of Santa Anna’s betrayal. Republican politicians are elected specifically to cut the size and scope of government. They never do. The Democratic Party openly admits that it seeks to expand government at all levels. At least they are honest. The Republicans claim to oppose that agenda, but have expanded government whenever they have been in power.

This election year is no different. Certainly, Barack Obama makes no promises to shrink the government. He believes that all economic growth originates from some sort of government intervention. He believes that the purpose of government is to redistribute wealth. He opposes the basic ideals that made America great. He makes no secret of this. At least we know where he stands.

It is the Republican candidates that represent the potential for another betrayal. As usual, they say that they intend to cut federal spending and power, but they will not name one specific program that they will cut. None of them, that is, except Ron Paul.

Congressman Paul has stood alone for decades against the unchecked growth of government and is the only candidate committing to cut it. He has already published a budget that cuts $1 trillion from the federal budget during his first year as president. It eliminates five federal departments, not only saving money, but reestablishing the principle that the federal government has no business regulating education, housing, commerce, energy, or “the interior.” These are all powers properly left to the states or to the people. His opponents do not make similar promises because they do not truly believe in these principles.

You may have been told that Ron Paul is “unelectable” because of his foreign policy. What is that policy? It is that only the American people may decide to go to war, through their elected representatives in Congress. Ron Paul insists that no president or general may usurp that power. If war is truly necessary, then there should be a debate in the Congress and a declaration of war. When America followed this constitutional process, we won wars. Since America has abandoned it, we have never really won a war.

We instead send our soldiers to far-off lands with no definition of victory. Their hands are tied with confusing rules of engagement that prevent them from winning and allow the wars to drag on. This benefits those who profit from war, but not those who give their lives or are forced to pay. How much longer will we go on like this? Sixty years later, what is the U.S. military’s mission in Korea and when will it end? Germany? Japan?

Ron Paul will end those missions now and recommit our military to defending this country. Most importantly, if war should comes during his presidency, he will have it properly declared by Congress and will allow our military to win it. Do you truly believe that any of the other candidates will do likewise? Make no mistake, Ron Paul is the only president that will win the next war.

Our nation is on the verge of socio-economic collapse. Every reasonable person recognizes that the federal government is the root of the problem. Who will stand up and oppose it? Every media outlet is arranged against Ron Paul and anyone else that suggests pushing back. Americans are bombarded daily with propaganda supporting the status quo. The Republican Party leadership doesn’t oppose it at all.

Ron Paul is our last hope. A vote for anyone else is a vote for more of what has led us here. Time is running out on the option to reverse course. Courageous people in many states have already cast their votes for liberty in large numbers, but they have not yet given Ron Paul a victory.

You can change that when you hold the Texas Republican Primary. You will have an opportunity to strike a blow for freedom. Texas commands 155 delegates. A Ron Paul win in Texas can prevent another big government elitist from clinching the Republican nomination. Most importantly, it sends a message that a large and prominent state has rejected the unnatural form of government that we have adopted. It says to the federal government what our forefathers once famously said to the British, “This far shall you go and no farther.”

It is the responsibility of every individual to defend his or her own liberty. It is the responsibility of every state government to defend the limits on federal power. Texas cannot do it for the other states, but she can lead by example. The stand against tyranny must begin somewhere. If not in Texas, where else? If even Texas does not resist, who will?

There is a yearning for freedom within every American heart. Ron Paul has reawakened it in millions. The forces of tyranny recognize this and are uniformly aligned against him. They despise freedom and independence. They thrive on dependence and control. One side is going to win. Freedom can only prevail with Texas leading the way. Do not let us down. Give Ron Paul a victory in the Texas Republican primary.

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

 

What is Your Fair Share?

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“For were the impulses of conscience clear, uniform, and irresistibly obeyed, man would need no other lawgiver; but that not being the case, he finds it necessary to surrender up a part of his property to furnish means for the protection of the rest…”

– Thomas Paine, Common Sense (1776)

There were not many surprises in President Obama’s 2012 state of the union address on Tuesday. He touted what he claims are the accomplishments of his administration and pushed his left-leaning economic agenda. For the president, all economic growth has its roots in some sort of government intervention, including “help financing a new plant, equipment, or training for new workers,” giving “community colleges the resources they need to become community career centers,” or trying to “spur energy innovation with new incentives.” Of course, further expanding a government that already spends about 50% more than it collects in taxes can only be accomplished one way – by collecting a lot more taxes.

To this end, the president resorted to the perennial liberal/progressive mantra that everyone “pay their fair share.” Obama used this term three times during the speech in regard to taxes. As even many of the Republican presidential candidates seem to buy into it, the president was also unable to resist the urge to promote the latest left-wing myth that millionaires like Mitt Romney pay less in taxes than their secretaries. This is complete nonsense, of course, but it is effective in eliciting the appropriate outrage from people who don’t stop to do either some simple math or even a little critical thinking.

For the president, there doesn’t seem to be a ceiling on what anyone’s fair share might be. However, he does have a clearly defined floor. “If you make more than $1 million a year, you should not pay less than 30 percent in taxes.” Exactly why that number is “fair” or even the millionaire’s “share” is somewhat difficult to determine. Neither does Obama answer the question that should logically follow. If you make under $1 million per year, what is your fair share in taxes?

Now, in any other situation where a group of people agrees to pool its money to buy something, this is a very easy question to answer. If you and three friends decide to go in on a large pizza, each of you will pay 1/4 of the cost. Assuming it is a typical pie, it will be cut into eight pieces and each of you will eat two. Thus, everyone has received an equal amount of the pizza and each has paid his fair share of the cost.

Of course, before anyone determines your fair share of the cost, you would be asked if you want pizza in the first place. In all such arrangements between human beings, other than government, you have a choice of whether you want to buy or not. Perhaps you’d like to eat something else. Perhaps you’re not hungry. You can always allow the other three to buy pizza and provide for your own meal yourself.

Not so with government. Not only can the other three take a vote and force you to buy part of this pizza, but they add insult to injury by proclaiming that their vote represented your consent to buy it. With this dubious consent in hand, they then decide what your fair share of the cost of the pizza will be, regardless of how the slices are distributed. If you have acquired too much wealth, even honestly, then you might find yourself paying for 3/4 of the pizza and only getting one slice in return. Once voluntary consent is eliminated and force is put in its place, it becomes difficult to use words like “fair” and “equitable” without committing grave offenses against the language.

Putting that aside for the moment, let’s assume that 315 million people have actually all agreed to constitute a government and pool their money to pay for its services. Before determining what anyone’s fair share of the cost would be, we first have to determine what services the government can offer. It would not make any sense for the government to offer services that only benefit one or two people, because all 315 million are paying. No, the only legitimate services that the government could offer would be those that contributed to the “general welfare.”

This widely abused term is not anywhere near as mysterious as it is made out to be. Promoting the general welfare is offering only those services that benefit every member of society equally. For example, if the government devotes resources to a military establishment to protect the nation’s borders, it is promoting the general welfare. Regardless of how effective the service might be, every member of society within the borders is benefitting equally from it. From the Wall Street financier to the general contractor to the grocery clerk to the homeless man, all are receiving equal protection from foreign invaders. Thus, a defensive military establishment is a service that promotes the general welfare and therefore could be offered fairly under such an arrangement.

Similarly, a system of law enforcement and courts would also promote the general welfare. If the person or property of one member of society were invaded by another, then employees of this agency would investigate the incident, determine if a tort or crime had been committed, and make a determination on what penalty or restitution should be paid by the defendant. This, too, would benefit all members of the society equally. Whether you were a Wall Street financier whose partner had embezzled millions or a taxi driver whose modest home had been burglarized, you are equally protected by laws against theft.

Notice also that the cost of providing these services is the same for each member of society. Obviously, it costs no more for an army to defend the financier from an invading army than it does to defend the taxi driver. The army defends against the invader for all within the borders at one cost. Similarly, it costs no more to provide a police officer, a judge, a jury, etc. for the financier than it does for the taxi driver. The only exception is defense attorney, which is provided for a defendant who cannot afford one, but this is a minute percentage of the entire cost.

In short, any defense of life, liberty, and property, whether from foreign invasion or aggression by another member of society, is a service that benefits the general welfare. It benefits all members of society equally and costs relatively the same to provide to all members of society.

Let us now consider some services that the government offers that do not promote the general welfare. Healthcare is obviously one. First, all members of society do not benefit equally when the govenrment provides healthcare. For example, Medicare only benefits people over 65 yeras of age and disabled people under 65. Not only does the program not benefit all members of society equally, but it actually does not benefit those paying for it at all, while those receiving the benefits (those over 65 and the disabled) do not pay at all. Recall the pizza example. Imagine if you had to pay for a whole pizza that your three friends ate, and then had to pay additional monies to provide for your own meal. Medicare, Medicaid, or other government programs for specific groups are really no different.

In addition, government medical care can never cost the same to provide to all members of society, as security services do. Some people will be sicker than others, either through misfortune or their own lifestyle choices. Some will need surgeries or chemotherapy or other expensive care. Some will need relatively little care. It is not an exaggeration to say that there may be 315 million different costs to provide healthcare to 315 million different people.

Education is another service that does not promote the general welfare. When the govenrment provides education, it is of absolutely no benefit to anyone that is not in school or does not have children in school. Neither does it benefit parents who homeschool their children or enroll them in private schools or childless adults who all must pay for government education. Some of the people who benefit do pay part of the expense, but obviously this does not constitute “fairness.” It is no different than if four friends all paid for 1/4 of the pizza, but two of them ate it all. Certainly, the other two had no “fair share” for any of the pizza at all. As with healthcare, the cost of education is also going to be different for different people. An education in medicine has a different cost than an education in engineering or art.

In looking at the federal government’s budget, one can see that the overwhelming majority of the money spent is not spent for the general welfare. Almost all of it is collected from one group of people and spent for the benefit of others. The only services provided by the federal government that truly promote the general welfare are those that concern defense of the borders and defense of person and property related to interstate commerce. At the state level, only defense of person and property within the state promotes the general welfare. All other services represent a forced redistribution of wealth from one person or group to another. When anyone other than the government engages in a “forced redistribution of wealth,” we call it “armed robbery.”

It should also be noted that even the “Defense” portion of the federal budget largely does not promote the general welfare. Only that portion necessary to defend U.S. citizens from aggression by foreign nations does. Those expenditures related to defending people in other countries or which are unnecessary for security not only do not promote the general welfare, they do not benefit anyone within the United States at all – except for those military contractors and financiers that are fortunate enough to profit from these activities.

There is also frequent confusion about government services commonly referred to as “infrastructure.” It is argued by some that if the government builds a road that is accessible to everyone, it promotes the general welfare. However, this argument does not hold up to scrutiny. If federal money is used to build a light rail system in Florida, it is going to benefit people who live or travel frequently in Florida much more than people who do not. Certainly, a citizen in California or Montana is unlikely to ever even see that railroad, much less benefit from it equally. Who would not agree that his fair share of this railroad is zero?

Even at the local level, a road or a bridge does not benefit every member of society equally. The local businessman whose products are more cheaply transported is going to benefit far more than the occasional traveler that might use the road for convenience. Yet, when the government builds the road, both are forced to pay equally. Furthermore, since the businessman is running heavier vehicles over the road with much greater frequency than the occasional traveler, it costs more in maintenance to provide this service to the businessman than to others. Obviously, the road or bridge does not promote the general welfare even at the local level.

So, what is your fair share in taxes? The answer is that you owe an equal share of those services provided by the government that promote the general welfare. Those services benefit you and everyone else equally. However, examination of any government budget, at the federal, state, or local level demonstrates that these services are now a tiny fraction of overall spending. A quick look at Florida’s budget summary reveals that about 8.7% of government spending promotes the general welfare. That $4.9 million in expense should be born by every citizen of Florida equally. The other $51.4 million does not promote the general welfare and should not be provided by the government at all.

An examination of the federal government’s budget for 2012 yields similar results. Once you subtract services that do no promote the general welfare, like education, healthcare, social security, and that part of the defense budget that is devoted to purposes other than protecting U.S. citizens from foreign aggression, you are left with a tiny fraction of overall spending.

For services that promote the general welfare, there is a finite cost. It does not vary depending upon how productive you are, so your fair share of that cost certainly can’t be a percentage of your income. Logically, the way to determine your fair share is to divide the total cost of services that promote the general welfare by the total population. If you have no dependents, then the quotient is your fair share. If you have dependents, then you simply multiply that quotient by the sum of your dependents and you. When you do the math, you’ll find that your fair share in taxes is a very small amount. As Thomas Paine pointed out, it is that tiny portion of your property necessary “to furnish means for the protection of the rest.” It would be easily paid by even a person of modest income. It would not require an income tax, as history before 1913 demonstrates.

For those services that the government provides to other people, your fair share is zero. However, the government routinely forces some people to pay more than their fair share and allows others to pay nothing at all. It generally collects the most in taxes from people who receive the least in benefits, which is the predictable result of offering services that do not promote the general welfare. Now, President Obama wants some people to pay even more. He and the Congress have the power, but that does not make it right. And please, President Obama, don’t insult our intelligence by calling it “fair.”

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

America’s Choice: Ron Paul or Unlimited Government

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No matter how acrimonious the Republican primaries get, all of the candidates agree on one thing: Barack Obama must be defeated in November 2012. For 3 of the 4 remaining candidates, that is virtually the only important issue in the Republican primary race. Obama must be defeated and the only issue to resolve in the primaries is who has the best chance of doing so. Only Ron Paul asks the questions that should follow logically: Why is it so important to defeat Obama and what will you do differently from him?

In response, most of the Republicans offer only platitudes. “Obama believes in taking from one person and giving to another. He wants to turn the United States into a European social democracy with a massive welfare state, etc.” I happen to agree on these points with one caveat – the United States already is a European-style social democracy. That boat sailed many decades ago. With a welfare state measured in trillions that dwarfs the entire economies of most nations of the world, the United States is a poster child for social democracy and is now listed 10th on the Index of Economic Freedom.

However, assuming that Barack Obama is supportive of this and the Republican candidates are not, there must be fundamental philosophical differences between them and Obama that would translate into tangible policy differences. However, if one listens closely to what they actually say, none of the Republican candidates actually disagrees with Obama in principle on any single issue or identifies a specific power of the presidency that they would exercise differently – except for Ron Paul.

If Obama really is uniquely terrible as a president, there must be actual things he has done that make him worse than previous presidents. During the 2010 elections, the Tea Party movement focused on Obamacare. The Tea Party-fueled 912 Project was able to draw hundreds of thousands of people to Washington to protest this one program. Yet, with Medicare and Medicaid alone accounting for 1/3 of all healthcare spending in the United States and total government spending likely accounting for over half, why was Obamacare such a fundamental change?  Measured in terms of dollars, Obamacare was rather insignificant as an increase in government involvement in healthcare. If government-provided healthcare is really bad in principle, then opponents of it should object to all of the programs, especially Medicare, which costs about 6 times as much as Obamacare. But they don’t – except for Ron Paul, who has a clearly defined and funded plan to let workers entering the workforce opt out of Medicare.

Of course, there is one aspect of Obamacare that is different in principle and that is the individual mandate. Tea Partiers have made many eloquent speeches about how antithetical to freedom this central plank of Obamacare is. Again, I agree, but do the Republican candidates for president? Romney certainly doesn’t. Romney’s Massachussetts plan that inspired Obamacare is also centered around an individual mandate. Romney openly defends the principle to this day. His problem with Obamacare? That it is administered by the federal government and forced upon all 50 states. While his support for federalism might be admirable, Romney does not recognize any individual right not to be forced to purchase government-approved health insurance. If the state government imposes that obligation, Romney has no objection.

Gingrich doesn’t even object to an individual mandate at the federal level. While Santorum does seem to oppose this aspect of Obamacare, he has already voted for the prescription drug program, which expanded Medicare by as much in dollars as Obamacare costs in total. There is only one candidate that makes any argument or has any tangible plan to get the government out of the healthcare business completely – Ron Paul.

The same can be said for government spending in general. Yes, all of the Republican candidates rail against excessive spending, deficits, and debt. They decry Obama’s unholy deficits and say that they will cut spending and push for a balanced budget amendment to the U.S. Constitution. That’s all fine, but what exactly are they going to cut? This is where those striking differences from Obama start to dissipate. None of the candidates will actually name programs that they will cut beyond infinitesimally small ones like the National Endowment for the Arts – except for Ron Paul. Paul has already published the first budget that he will submit to Congress and it cuts $1 trillion during his first year as president.

This budget not only saves money but indicates the philosophical difference between Ron Paul and the rest of the candidates. By actually assigning funding of zero to the Departments of Education, Commerce, Energy, Housing and Urban Development, and the Interior, Paul makes two philosophical statements that the other candidates do not. The first is that the government should have no role whatsoever in the areas that these departments regulate. They represent areas of life that should be left to voluntary cooperation between free people, not coercive mandates from the government.

The second is that Paul recognizes that these are functions that the government has no legitimate authority to tax individuals to fund. For the rest of the candidates, there is nothing that the government cannot tax people for, as long as it fits in with their plan. They may suggest cutting unsubstantial amounts here or there, but none of them cuts these functions to zero. They all believe that individuals can be taxed to fund government regulation and/or subsidization of all areas of human activity – except for Ron Paul.

All of this is rooted in a fundamental difference between Ron Paul and any other candidate for president in 2012, Republican or Democrat. It concerns the role of government. Only Ron Paul actually uses the words “role of government” in speeches or debates. Why? Because only Ron Paul believes that the role of government in society is limited. You will hear the other Republicans use the terms “small government” or “smaller government,” but rarely, if ever, will you hear them say “limited government.” On this principle, there is no difference at all between Obama, Gingrich, Romney, or Santorum. Santorum has actually said this explicitly (about the 1:20 mark), while the others demonstrate it through their positions on the various issues. Only Ron Paul argues that there are limits on the power of the government. The rest merely argue about how that power should be exercised.

This concept of limited government is so absent from modern American political discourse that it is necessary to define it. If Americans still truly believe that certain rights are inalienable, then there are certain things that the government is simply not allowed to do, not even with the support of a majority vote. In other words, those inalienable rights cannot be voted away, because they do not belong to the majority. They belong to each individual. That is limited government. Only Ron Paul defends it.

Nothing illustrates this better than Ron Paul’s position on what is supposed to be the fundamental principle around which American society is organized, liberty. Ron Paul defends liberty unconditionally while his Republican opponents openly attack it, just as Obama does. Many of them use the term “individual liberty,” but once it comes to specifics they are in lockstep with Obama.

Liberty has a definition and it is not “the ability to do whatever you want.” There is a natural limit to liberty that precedes the government. It is not created by the government. The natural limit of liberty is the equal rights of others. In other words, an individual has the right to do whatever he pleases as long as he does not invade the person, liberty, or justly acquired possessions of others.

This means that the individual might do things that others don’t approve of, like use drugs, watch pornography, or practice a religion that is antithetical to their own. Others are free to disapprove of these activities, but they are not justified in using violence against the people who engage in them – and all laws are backed by the threat of violence. In fact, since these activities do not invade the person, liberty, or property of another person, individuals have an inalienable right to engage in them. Governments at all levels should be powerless to prohibit them. That is, if the society really is organized around liberty. “No man has a natural right to commit aggression against the equal rights of others ,and that is all from which the law ought to restrain him.” That was how the author of the Declaration of Independence defined liberty. You either agree with him or you don’t. There is no middle ground.

At the federal level, the defense of liberty is defined by the first 10 amendments of the U.S. Constitution, popularly called the Bill of Rights. If there is anything of substance that makes America freer – in the real world – than the average banana republic, it is these limits on government power. Yet even on these most basic principles, only Ron Paul takes a stand for liberty. The other Republican candidates agree with Obama that these protections can be sacrificed in the name of security.

Romney stated that he would have signed the NDAA bill which granted the government the power to detain U.S. citizens without due process. In explaining his position, Romney made the ludicrous, counterintuitive argument that Americans have a right to due process unless they commit acts of terrorism. Excuse me, Mitt, due process is the means by which we determine if the suspect committed the crime or not. That is the whole reason for due process – to determine guilt or innocence. Romney doesn’t undestand that or doesn’t care. This should horrify any lucid American.

Newt Gingrich made this same argument in a previous debate in defending the Patriot Act. In fact, he thinks that the powers granted to the federal government in that law should be expanded. Rick Santorum doesn’t substantively disagree. Make no mistake, these are not fine points of law that are being argued here. They are the fundamental constitutional principles that define America as a free country. They are under all-out assault by both the Obama Administration and every Republican presidential candidate except for Ron Paul. That the other candidates get loud cheers in debates when arguing to abolish these constitutional protections of liberty should send a shiver up the spine of every American. Recall the words of the Star Wars character, “So this is how liberty dies, with thunderous applause.” Without exaggerating, it has come to that.

Americans do have a choice in this election, but it is not between Obama and one of the other Republicans. There is no substantive difference there. The true choice is between Ron Paul and unlimited government, which is government under Obama, Romney, Gingrich, or Santorum. That means a government that can tax you for anything it wishes to, can detain and search you without warrant or probable cause, and can send soldiers to arrest you and imprison you indefinitely without legal representation, a hearing, or a trial. It is a government whose power knows no limits, that can forcefully control every area of your life and force you to pay for its domination of the entire globe. Whatever happens in the years ahead, Americans cannot say that they did not have an opportunity to choose liberty over tyranny. This may be their last chance.

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

 

Earth to Rick Santorum: Libertarians Founded the United States

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Andrew Napolitano recently showed a clip in which Rick Santorum explained his views on libertarianism. His comments are also instructive in understanding his animosity (politically) towards Ron Paul. Santorum said:

“One of the criticisms I make is to what I refer to as more of a Libertarianish right. They have this idea that people should be left alone, be able to do whatever they want to do, government should keep our taxes down and keep our regulations low, that we shouldn’t get involved in the bedroom, we shouldn’t get involved in cultural issues. That is not how traditional conservatives view the world. There is no such society that I am aware of, where we’ve had radical individualism and that it succeeds as a culture.”

As David Boaz pointed out in the interview with Napolitano, Santorum seems to oppose a basic American principle- the right to the pursuit of happiness. I agree with him on this, but there is something even more fundamental here than that. It has to do with the conservative philosophy itself. One of the statements that Santorum makes is true. “That is not how traditional conservatives view the world.”

There is a great disconnect between average Americans who refer to themselves as “conservatives” and the small group of politicians and politically-connected businessman who call themselves likewise. The members of the former group believe in the founding principles of the United States, including the inalienable rights to life, liberty, and the pursuit of happiness. They believe that these rights are endowed by their Creator. In other words, they preexist the government. They are not created by the government. It is the government’s one and only job to protect those rights and when the government fails to protect them and instead violates them, it is the duty of the people to alter or abolish the government.

These inalienable rights are also referred to as “natural rights,” meaning that man possesses them even in the state of nature (the state without government). For Jefferson, whose philosophy was inspired by Locke, the reason that men formed governments was to protect these rights better than they could be protected otherwise.

Locke viewed man as capable of both good and evil. For Locke, man’s natural state was a state of reason, which meant that he respected the rights of other men and observed the natural law of non-aggression. “The state of nature has a law of nature to govern it, which obliges every one: and reason, which is that law, teaches all mankind, who will but consult it, that being all equal and independent, no one ought to harm another in his life, health, liberty, or possessions.”

For Locke and his philosophical heir Jefferson, this natural law of non-aggression was the basis of government power. By prohibiting aggression by one person or group against another, the government would preserve the natural rights to life, liberty, and property. Importantly, repelling aggression was also the limit of government power, for when the government exercised power for any other reason it was committing aggression itself and invading the rights it was meant to protect.

That this was Jefferson’s guiding political principle is clear from his many statements to that effect. In his first inaugural, he argued for,

“…a wise and frugal Government, which shall restrain men from injuring one another, shall leave them otherwise free to regulate their own pursuits of industry and improvement, and shall not take from the mouth of labor the bread it has earned. This is the sum of good government, and this is necessary to close the circle of our felicities.”

In a letter to Francis Walker Gilmer in 1816, he wrote, “Our legislators are not sufficiently apprised of the rightful limits of their powers; that their true office is to declare and enforce only our natural rights and duties, and to take none of them from us. No man has a natural right to commit aggression on the equal rights of another; and this is all from which the laws ought to restrain him.”

Even on religious freedom, Jefferson based his position on the non-aggression principle. ““The legitimate powers of government extend to such acts only as are injurious to others. But it does me no injury for my neighbor to say there are twenty gods, or no god. It neither picks my pocket nor breaks my leg.”

The non-aggression principle defines liberty itself as Jefferson understood it. For him, as well as for the likeminded libertarians that led the secession from Great Britain, the word “liberty” as used in the Declaration of Independence had a specific definition. It meant the right to do what one pleases as long as one does not invade the life, liberty, or property of another human being. In other words, each individual was beyond the reach of government power so long as he committed no aggression against anyone else.

These are not conservative ideas. They are libertarian ideas. While Jefferson, Samuel Adams, and the others who espoused this theory may not have called themselves by that name, the basic tenets of their philosophy were the same. Today, the non-aggression axiom remains the fundamental basis for libertarian theory. Ron Paul bases his positions on it, as he said (about the 3:30 mark) when running for president on the Libertarian Party ticket in 1988.

Just as this non-aggression principle serves as the foundation and limit of government power between individuals within society, it is the foundation and limit of government power with respect to other nations. As all nations exist in a state of nature with each other, the natural law of non-aggression is the only one that governs them. As I’ve stated before, the non-aggression principle is the basis for the Declaration of War Power. The purpose of that power is for Congress to debate whether or not the nation in question has actually committed aggression against the United States. If it has, then a state of war exists and military action is justified. If it hasn’t, there is no state of war, no declaration, and no military action is justified. The use of military force in the absence of a state of war (previous aggression by another nation) violates the natural law.

The conservative philosophy rejects all of these ideas. There were conservatives in the 18th century just as there are today and their philosophy hasn’t fundamentally changed, either. The writer that most modern conservatives trace their philosophical ideas to was Edmund Burke. He has this to say about inalienable rights.

“Government is not made in virtue of natural rights, which may and do exist in total independence of it, and exist in much greater clearness and in a much greater degree of abstract perfection; but their abstract perfection is their practical defect. By having a right to everything they want everything. Government is a contrivance of human wisdom to provide for human wants. Men have a right that these wants should be provided for by this wisdom. Among these wants is to be reckoned the want, out of civil society, of a sufficient restraint upon their passions. Society requires not only that the passions of individuals should be subjected, but that even in the mass and body, as well as in the individuals, the inclinations of men should frequently be thwarted, their will controlled, and their passions brought into subjection. This can only be done by a power out of themselves, and not, in the exercise of its function, subject to that will and to those passions which it is its office to bridle and subdue. In this sense the restraints on men, as well as their liberties, are to be reckoned among their rights. But as the liberties and the restrictions vary with times and circumstances and admit to infinite modifications, they cannot be settled upon any abstract rule; and nothing is so foolish as to discuss them upon that principle.”

While modern conservatives like Russell Kirk have pointed to Burke as their philosophical inspiration, one can clearly see that Burke is here merely restating ideas from the true father of modern conservatism, Thomas Hobbes. Hobbes asserted that in the state of nature man had “a right to everything,” even a right to one another’s bodies. Hobbes asserted, as Burke implies here, that man’s passions would always overcome his reason and because of this the state of nature was a state of war of “everyone against everyone.” For Hobbes, as for true conservatives today, man has to give up his natural rights upon entering society and accept those privileges to liberty and property that the government grants him.

For Hobbes, not only did man give up his natural rights upon entering society, but he also had to grant the “sovereign” absolute and undivided power. This was necessary in order to completely dominate man’s natural impulses, which would always lead him to harm his neighbor if they were not checked. This power must literally keep each individual “in awe,” to make him fearful of committing any unlawful act. To secure this absolute power, the sovereign needed control over the economy, which he consolidated through a privileged, wealthy elite. He also needed control over education and even the religious beliefs of the people. No individual could ever be allowed to follow the dictates of his own will, as it would inevitably lead him to harm his neighbor or the commonwealth in general.

On foreign policy, Hobbes also viewed all nations as existing in a state of nature. However, since he viewed the state of nature as equivalent to the state of war, he viewed all nations not under control of the sovereign as de facto enemies. In reading Leviathan, one can almost hear George W. Bush’s famous remark, “You are either with us or with the terrorists.” This is why conservatives support the deployment of troops all over the world. Like Hobbes, they believe that we are in constant danger from any nation that we are not completely dominating with the threat of force.

The reason that conservatism seeks to “conserve” the status quo is because its adherents do not believe that natural rights are inalienable. Upon entering society, man has to give up all of his natural rights, so the only rights that man has in society are those he has been given by government in the past. Thus, if you get rid of the past, you get rid of the rights. While the status quo might not be optimal, the conservative believes that to get rid of the status quo means returning to the awful state of nature, and necessitates reconstructing man’s rights – via government – all over again. Conservatives are always fearful that rights can be lost and never regained – as opposed to libertarians who believe that rights are inalienable.

The conservative tradition in America does not trace back to Thomas Jefferson or the Declaration of Independence. Its tenets are completely incompatible with the basic libertarian philosophy that informed Jefferson and that document. The conservative tradition in America traces back to Alexander Hamilton and the Federalists, who were the conservatives of their day. Hamilton sought to preserve the status quo, which was a central government with absolute power, along with its mercantilist economic system. The only change he sought was that the system be run by Americans rather than the British.

Hamilton was a Hobbesian on every issue, which is why he clashed so stridently with Jefferson. Hamilton also believed that the power of the federal government had to be absolute. Otherwise, the separate states would be in the state of nature with each other and inevitably at war. He often spoke of the “want of power in Congress” leading to the states “being at each other’s throats.” Economically, he wanted a central bank, high protectionist tariffs to enrich domestic manufacturer’s at taxpayer expense, and “internal improvements,” which meant the government using taxpayer money to build what we would today call “infrastructure.” While all of these policies were anti-free market, they served the agenda of securing the loyalty of a wealthy elite to the government. Hamilton went so far as to call the national debt “a national blessing” for the same reason. On foreign policy, Hamilton was an unqualified militarist who sought to lead an army in conquering an American empire, starting with the Western Hemisphere possessions of Spain.

He felt justified in all of these invasions of individual rights and violations of non-aggresion because he believed that what he called “national greatness” (today conservatives call it “American Exceptionalism”) trumped the rights of individuals. For Hamilton, as for conservatives throughout human history, the individual lived to serve the commonwealth, as opposed to the libertarian belief that the commonwealth only existed to serve the individual.

This conservative tradition can be traced throughout American history from the Federalists to the Whigs to the Republican Pary. The Republican Party was born as the party of big government, centralized power, and a mercantilist economy. Ironically, all that history remembers of the Republican Party at its birth in the 1850’s is its opposition to slavery – its one libertarian position – while ignoring its Hobbesian conservatism on all other matters. However, with slavery abolished, the Republican Party retained the rest of its philosophy through the next century and right up to the present day. One can hear it rehashed in any 2012 Republican presidential primary debate.

Today, conservative American voters wonder why the Republican politicians that they elect never seem to make the government smaller or less intrusive. They refer to elected Republicans who consistently grow the size and power of the government as “RINOS” (Republicans In Name Only). They believe these politicians are not “true conservatives,” because while they may belong to the Republican Party, they do not adhere to the principles of an underlying conservative philosophy that they imagine to exist. They are wrong. Newt Gingrich, Rick Santorum, George Bush, and the rest of the establishment Republicans are the true conservatives. The American voters identifying themselves as conservatives are really libertarians  – they just don’t know it yet.

Go to any Tea Party rally. This is where you will supposedly find “radical conservatives,” but you won’t find them carrying any signs quoting Alexander Hamilton. You won’t find speakers extolling the virtues of government spending on infrastructure. Instead, you see signs quoting Thomas Jefferson and speakers mocking the many “bridges to nowhere” that have resulted from attempting to put Hamilton’s conservative ideas into practice.

The one inconsistency is the Tea Party’s support of the U.S. government’s military empire. This false note in the otherwise libertarian movement is the result of cultural confusion. These conservatives don’t yet realize that they aren’t really conservatives. They are libertarians, and the warfare state is inconsistent with the rest of their philosophy. They support it because they have been told all of their lives that it is the conservative position, which it is. However, limited government, inalienable rights, free markets, and individual liberty are not.

Contrary to Rick Santorum’s assertion that no society based upon radical individualism has ever succeeded, the libertarian, radically individualist principles upon which the United States was founded were precisely why it succeeded so spectacularly. It was libertarianism that made America different from any society before or since – what made it the “shining city on the hill” as Santorum calls it. It was the collectivist conservative philosophy that helped bring it down – with a lot of help from a third philosophical movement called Progressivism. Neither more conservatism nor more progressivism – nor any combination of the two – can solve the problems that America faces today. If Americans want to see liberty and prosperity restored in the United States, then restoring libertarianism is their only hope.

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

Free Excerpt – A Return to Common Sense: Reawakening Liberty in the Inhabitants of America

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Kindle edition now available here!

Paperback here!

Hello friends,

Americans are waking up to the reality that our once free republic is in serious trouble. They are searching for answers to what seem like unsolvable problems: economic depression, unending war, political corruption, and vanishing liberties. What if there were just one answer – freedom? The American republic was founded upon that principle, yet few suggest it is the solution to any of our problems,  much less all of them. But if freedom is the answer, we first must know what it is. Sadly, most Americans do not. That is why I wrote this book.

I hope you enjoy the Introduction and Chapter One: What is Freedom?, which I am making available for free below. The subsequent chapters discuss how freedom can solve the many challenges we face.

To read the rest of this book, you can get the Kindle Edition here.

I look forward to fighting with you to restore our liberty.  – Tom Mullen

Reviews

“Thomas Mullen is a knowledgeable and passionate libertarian and A Return to Common Sense is a valuable addition to the libertarian literature. Those new to the freedom movement will benefit from Tom’s introduction to both the practical and moral arguments for freedom. Long-time activists will benefit from Tom’s explanation of why strict adherence to principle is vital to the future success of the liberty movement.”

– Representative Ron Paul (TX-14)

Congressman and author of The Revolution: A Manifesto and End the Fed.

“A well written primer on economics, liberty, and government that even avid Austrians will enjoy. If you have been blinded by government and Wall Street propaganda, A Return to Common Sense will help open your eyes. I not only recommend that you add this book to your freedom library, but that you buy a few copies for your friends.”

– Peter Schiff, President of Euro Pacific Capital, Inc and author of Crash Proof: How to Profit from the Coming Economic Collapse.

Tom Mullen has written a thorough and useful book. Those for whom a discussion of liberty is a new experience will discover in A Return to Common Sense a clear, easy to understand guide to the nature of freedom, and why it is essential to our fondest hopes for a civil society of opportunity, peace, and prosperity. For those who already share these values, it’s a welcome resource for perfecting our own knowledge and advancing our cause.

– Charles Goyette, author of THE DOLLAR MELTDOWN: Surviving the Impending Currency Crisis with Gold, Oil, and Other Unconventional Investments and RED AND BLUE AND BROKE ALL OVER: Restoring America’s Free Economy

Chapter 1

What is Freedom?

“And what is this liberty, whose very name makes the heart beat faster and shakes the world?”

 – Frederic Bastiat1 (1850)

If there is one thing uniquely associated with America, it is freedom.  From the moment Cornwallis surrendered to Washington at Yorktown, America has been a symbol of liberty to the entire world.  Since the end of World War II, when the United States assumed a worldwide leadership role, it has been the leader of the “free world.”  At sporting events, standing crowds begin their ovation when the vocalist singing the national anthem gets to the words, “O’er the land of the free.”  Even in everyday conversations, scarcely a day goes by that one does not hear someone say, “Do what you like, it’s a free country.”

Although we all agree that America is the “land of the free,” there are questions about freedom that might be more difficult to answer.  What is freedom?  How is it defined?  What makes America the land of the free?  How would we know if we were to lose our freedom?  What is it that our soldiers die for and our politicians swear to defend?

We have been told a lot of things about what freedom is not.  From the end of World War II until 1991, most Americans understood that freedom was not communism.  For almost three generations, Americans lived in the “free world” during its cold war with the communist Eastern Bloc.  Without further thought or instruction, many children of the 20th century think of freedom merely as the antithesis of communism.  In some ways, this is not completely untrue, although it hardly provides a complete answer to our question.

Certainly, the mere absence of communism doesn’t necessarily guarantee freedom.  The 18th century British monarchy wasn’t communist, but the American colonists nevertheless considered it tyrannical enough to rebel against.  Likewise, the Royal House of Saud may be an ally of the U.S. government, but most Americans would not regard Saudi Arabia as a “free country.”

In addition to monarchies, there are plenty of dictatorships around the world that don’t enforce a communist system but are nevertheless oppressive.  While they also may be allies of the U.S. government, they certainly aren’t free countries, either.  So, a society is not free merely because it is not communist.

On the other hand, monarchy doesn’t seem to necessarily preclude freedom, either. Great Britain has been a relatively free country throughout much of its history, even when the monarchy was much more than a figurehead.  The American Revolution notwithstanding, Great Britain was at that time one of the freest societies in the world.  Therefore, rather than conclude that no freedom is possible under a monarchy, one might instead conclude that monarchies neither guarantee nor necessarily exclude freedom. Freedom or tyranny seems possible under almost any system of government.

Perhaps we can define freedom more easily by looking at its antithesis.  Merriam-Webster Dictionary lists slavery among antonyms for freedom.  Surely, we have found a start here.  Most people would agree that slavery is the complete absence of freedom.  Who can we imagine that is less free than the slave?  This is helpful in beginning to try to frame an answer, but freedom cannot be merely the absence of slavery.  Surely our founding fathers bled to give us a higher standard than this!

If we are told anything about what freedom is, it is that freedom is democracy.  If you ask most Americans, this is the answer you will get.  This is reinforced ad nauseum by politicians, media, and teachers in our public schools.  When Iraq held its first elections after the overthrow of Saddam Hussein, politicians and journalists universally celebrated the Iraqis’ “first taste of freedom.”

Certainly, democracy is a vast improvement over the autocratic rule of a dictator. But does democracy automatically mean freedom?  If democracy is rule by the majority, what about the minority?  What if 51 % of the people voted to oppress the other 49%?  Would that society truly be free?

Most Americans would be quite surprised to learn what our founding fathers thought about democracy.  Any objective analysis would conclude that their feelings lay somewhere between suspicion and contempt.

James Madison said, “Democracy is the most vile form of government … democracies have ever been spectacles of turbulence and contention: have ever been found incompatible with personal security or the rights of property: and have in general been as short in their lives as they have been violent in their deaths,”2

In a letter to James Monroe, he also said,

“There is no maxim, in my opinion, which is more liable to be misapplied, and which, therefore, more needs elucidation, than the current one, that the interest of the majority is the political standard of right and wrong.”3

While often extolling the virtue of majority rule, Thomas Jefferson nevertheless wrote,

“…that the majority, oppressing an individual, is guilty of a crime, abuses its strength, and by acting on the law of the strongest breaks up the foundations of society.”4

Can this be true?  The founding fathers were ambivalent about democracy?  For many people, this is tantamount to sacrilege.  More shocking still is what the Declaration of Independence and the U.S. Constitution say about democracy: nothing.  Nowhere in our founding documents will you find the word “democracy” or the assertion, implicit or explicit, that our government is a democracy.  How can this be?

Despite what we are taught virtually from birth, the United States of America has never been a democracy.  As only contrarians point out these days, it is a constitutional republic.  We choose our leaders using the democratic process of majority vote, but that is the extent to which the United States involves itself with democracy.

Like monarchy, democracy neither guarantees nor necessarily prohibits freedom.  Our founders actually feared that democracy poses a danger to freedom.  Apart from the pure heresy of the idea, it leaves us with a problem.  We are no closer to defining freedom.  If even democracy is not freedom, perhaps freedom doesn’t really exist!  If we are not to find freedom in democracy, where else can we look?

We certainly won’t learn what freedom is from our politicians.  While terrorism, healthcare, unemployment, gay marriage, and a host of other “major issues” dominate public debate, freedom is just too quaint, too academic, or too forgotten to get any airplay.  Yet, as we shall see as we explore the different subjects of this book, freedom is the fundamental issue.  In fact, despite what we perceive as a myriad of different problems facing the United States of America today, freedom is actually the only issue.  That may be hard to accept, given the decades of shoddy history, obfuscation, and plain old bad ideas we’ve been bombarded with.  Nevertheless, our greatest challenges and their solutions revolve around freedom.  If freedom is really that important, we’d better be absolutely sure we know what it is.

In order to answer the question posed by Bastiat at the beginning of this chapter, we will have to go back to the beginning.  Our founding fathers faced no such quandary about the definition of freedom. They knew exactly what it was.  They were children of the Enlightenment, and derived their ideas about freedom directly from its philosophers, especially John Locke.  While these philosophers were powerful thinkers and their ideas were (no pun intended) revolutionary at the time, the principles of liberty are relatively simple.  They are, as the namesake of this book concluded, common sense.  It was an understanding of these revolutionary ideas by average American colonists that inspired the revolution that gave birth to a nation.

The idea that opens the door to the true meaning of freedom is individual rights.  Despite the emphasis today on the “general welfare” and the “common good,” the American tradition of liberty has nothing to do with either.  Instead, the founders believed each individual was born with natural, inalienable rights.  The Declaration of Independence states,

“We hold these truths to be self evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights,” 5

This passage is quoted widely in popular culture.  Invariably, the words emphasized are “that all men are created equal.”  Certainly, these are fine words and worthy of veneration.  However, the rest of this passage is equally important.  Every human being, because of his equality with all other human beings, has rights no earthly power can take away.  These rights are “unalienable,” so that governments, even democratically elected governments, have no power to revoke them.  To the founding fathers this was self-evident.  It was true based purely upon man’s existence itself.

This idea is drawn directly from the philosophy of John Locke, who wrote,

“A state also of equality, wherein all the power and jurisdiction is reciprocal, no one having more than another; there being nothing more evident, than that creatures of the same species and rank, promiscuously born to all the same advantages of nature, and the use of the same faculties, should also be equal one amongst another without subordination or subjection,”6

While these rights are endowed by a Creator, the founders did not specify who the Creator was.  Too often, those arguing for the ideals of our republic make the fatal mistake of basing the natural rights upon belief not only in God, but specifically upon the Christian God.  While the founders were by no means opposed to Christianity, belief in it or even in God is not a prerequisite for the existence of the natural rights.  The beauty of this idea is that it transcends religion and thus welcomes members of all religions, and those with no religious beliefs at all.  Therefore, the first building block of freedom, individual, inalienable rights, can be claimed by Christians, Muslims, Jews, Buddhists, Hindus, atheists, by every person on earth.

So what are these inalienable rights, which cannot be taken away?  The Declaration goes on to say, “That among these are Life, Liberty, and the Pursuit of Happiness.”7

At first glance, this statement might be a bit deceiving, maybe even a little disappointing.  Life, Liberty, and the Pursuit of Happiness?  Is that all?  Surely we have more rights than these!  Of course, the Declaration says “among these,” so it does not limit the natural rights to these three.  But these three are important.  It is worthwhile to determine the meaning of each.

The right to life is pretty easy to understand.  Most civilized societies have laws against murder.  Each individual has a right not to be killed by another human being, except in self-defense.  So far, so good.  What about the other two?  We are in the midst of trying to define liberty, or freedom, so let us put that aside for the moment.  The third right listed is “the pursuit of happiness.”  What does that mean?  Does it mean nothing?  Or does it mean everything?  What if it makes me happy to steal cars or blow up buildings?  Surely, I don’t have a right to pursue happiness like that!

No. There is a natural limit on liberty and the pursuit of happiness. Again, we can find the answer in Locke,

“To understand political power right, and derive it from its original, we must consider, what state all men are naturally in, and that is, a state of perfect freedom to order their actions, and dispose of their possessions and persons, as they think fit, within the bounds of the law of nature, without asking leave, or depending upon the will of any other man.” 8

While people are free to do what they want, they must do so “within the bounds of the law of nature.”  What is the law of nature?  Locke goes on to tell us,

“The state of nature has a law of nature to govern it, which obliges every one: and Reason, which is that law, teaches all mankind, who will but consult it, that being all equal and independent, no one ought to harm another in his life, health, liberty, or possessions…” 9

Finally, we have some indication of what freedom is, rather than what it is not.  Liberty is not the unlimited ability to do whatever you want, nor is it confined to the arbitrary limits placed upon people by governments.  Contrary to the spurious argument that unfettered liberty would result in chaos, we see that the law of nature, Reason, very clearly and unambiguously prohibits some actions, even for people in a state of absolute liberty.  They are:

1.   Initiating the use of force or violence

2.   Infringing upon another person’s liberty

3.   Harming them in their possessions.

This last limit upon the actions of free individuals is important.  Locke spends an entire chapter of his Second Treatise talking about it.  It is related to property, which is arguably the most important right, while at the same time the least understood.  Property is important enough that we will spend the next chapter examining the subject.  To do this we will have to come to a clear definition of property, including how it is acquired, how it is exchanged, and what right the owner has to it.

More importantly, we have arrived at a definition of liberty.  It is the right of any person to do as they please, as long as they do not violate the equal rights of anyone else.  The latter half of this definition is generally referred to as the “non-aggression principle.”  Political activists associate this principle with libertarians, while intellectuals associate it with Ayn Rand’s philosophy of Objectivism.  Certainly both movements recognize and venerate it, but it is important to realize that neither is its source.  In fact, the non-aggression principle has been articulated with very little variation by all writers in the liberal tradition, including Locke, Jefferson, Paine, Bastiat, Mill, and later Rand and other 20th century writers and thinkers.

By applying this principle, the most complicated societal issues become astoundingly simple.  The ambiguous becomes unambiguous.  The answers become clear.  Virtually every problem facing America today can be solved by applying the principle of freedom.

There are a few points we should review for emphasis.  First, the rights mentioned in the Declaration of Independence and drawn out of Locke’s philosophy are inalienable.  They cannot be taken away by any power on earth, including a majority vote.  The reason the founders were suspicious of democracy was because of their fear that the majority would oppress the individual by voting away the individual’s rights, especially property rights.  This was the reason for the separation of powers and the limits on government authority.  Even a majority vote can be a threat to freedom.

The difference between a right and a privilege is a vital concept to understand.  A right is something you are born with, that you possess merely because you exist.  A privilege is something that is granted by another person, group, or a government.  Our country was founded upon the principle that all people have inalienable rights that cannot be taken away, not privileges granted by their government.  As John Adams so eloquently put it,

“I say RIGHTS, for such they have, undoubtedly, antecedent to all earthly government, — Rights, that cannot be repealed or restrained by human laws — Rights, derived from the great Legislator of the universe.”10

There is no need to be “thankful for the rights we have in America.”  All people have those rights and gratitude is neither necessary nor appropriate.  Rather, people are justified in demanding their rights, and any violation of them should be recognized as an act of aggression.

Second, in any conflict between individual liberty and the will of the majority, individual liberty prevails without compromise.  The majority has no right to violate the rights of the individual.   This is to some extent merely making the first point in reverse, but it is important enough to say in more than one way.  Society doesn’t have rights; individuals do.  Society is nothing more than a collection of individuals, so protecting each individual in society protects society.

Despite these seemingly undeniable truths, individual liberty is today under constant attack because of its perceived conflict with the common good or “the needs of society.”  While living together and agreeing not to initiate aggression against each other seems astoundingly simple, our politicians would have us believe there is something incredibly complicated about it.  They create a world in which civil society is a maze of moral dilemmas that only their astute guidance can lead us safely through.  Once liberty is properly understood and applied, all of these supposed dilemmas disappear.

End Notes

Introduction: The American Crisis

1 Paine, Thomas The American Crisis “The Crisis No. 1” December 19, 1776 from Paine Collected Writings edited by Eric Foner Literary Classics of the United States, Inc. New York, NY 1955 pg. 91

Chapter 1: What is Freedom?

1 Bastiat, Frederic The Law 1850 from The Bastiat Collection 2 Volumes Vol. 1 Ludwig Von Mises Institute Auburn, AL 2007 pg. 79

2 Madison,James Federalist #10    https://www.foundingfathers.info/federalistpapers/fedi.htm https://www.foundingfathers.info/federalistpapers/fed10.htm

3 Madison, James Letter to James Monroe October 5th, 1786 James Madison Center, The https://www.jmu.edu/madison/center/home.htm Phillip Bigler, Director, James Madison University Harrisonburg, VA https://www.jmu.edu/madison/center/main_pages/madison_archives/quotes/supremacy.htm

4 Jefferson, Thomas To Dupont de Nemours from Jefferson Writings edited by Merrill D. Peterson New York, NY: Literary Classics of the United States, 1984 pg. 1387

5 Declaration of Independence, United States 1776 National Archives and Records (website) https://www.archives.gov/exhibits/charters/declaration_transcript.html

6 John Locke Second Treatise on Civil Government from Two Treatises of Government C. and J. Rivington, 1824 (Harvard University Library Copy) pg. 132

7 Declaration of Independence, United States 1776 National Archives…

8 Locke Second Treatise pgs. 131-32

9 Locke Second Treatise pg. 133

10 Adams, John A Dissertation on the Canon and Feudal Law 1765 Ashland Center for Public Affairs (website) Ashland University  https://www.ashbrook.org/library/18/adams/canonlaw.html

Get the Kindle Edition here! Paperback here!

 

Is the Patriot Act Unpatriotic?

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Republican presidential hopefuls Newt Gingrich and Ron Paul had an interesting exchange at the National Security Debate hosted by CNN on November 22nd. Not surprisingly, Gingrich supported the Patriot Act, going so far as to say that it should be “strengthened.” Paul argued that “the Patriot Act is unpatriotic,” because the legislation undermines American liberties. He thinks it should be abolished. Both men did well making their points and each got enthusiastic applause from their supporters. But who was right?

At first glance, it might have seemed as if Paul had stumbled into a “gotcha” by bringing up Timothy McVeigh. In supporting his assertion that one must never give up liberty for security, Paul argued that Timothy McVeigh, the terrorist who blew up a federal building in Oklahoma City in 1995, was prosecuted, convicted, and executed under the existing laws, without the “tools” that the Patriot Act provides to law enforcers. Gingrich replied:

“Timothy McVeigh succeeded. That’s the whole point. Timothy McVeigh killed a lot of Americans. I don’t want a law that says after we lose a major American city, we’re sure going to come and find you. I want a law that says, you try to take out an American city, we’re going to stop you.”

Paul responded:

“This is like saying we want a policeman in every house, a camera in every house, because we want to prevent child beating and wife beating. You can prevent crimes by becoming a police state. So, if you advocate the police state, yes, you can have safety and security and you might prevent a crime, but the crime then will be against the American people and against our freedoms and we will throw out so much of what our revolution was fought for. So don’t do it so carelessly.”

It is likely that uncommitted observers – those not passionately for Paul or Gingrich – thought that both men made good points and that the right answer is “somewhere in the middle.” To be moderate is always viewed as being more reasonable. But is that really true? I believe that the question debated here between Paul and Gingrich is a fundamental question and compromise is impossible. To use a well-worn but appropriate cliche, Gingrich wants America to cross the Rubicon. Once we do, there is no going back.

The crux of the matter is preemptive government. Not just preemptive war, but the ability of the government to act preemptively in any situation. Paul takes the libertarian position that is based upon the non-aggression principle. Government force may never be employed against anyone until that person has invaded the person or property of another. Gingrich takes the more Hobbesian-conservative position: if the government is not all-powerful, we will all be killed.

If “patriotic” means the love of one’s country’s ideals, the highest being liberty for Americans, then you have to agree with Paul. That’s because not only is non-aggression the libertarian position, it’s the founding principle underlying the Declaration of Independence and Bill of Rights. The meaning of the word “liberty” is to be free from coercion, which is free from other people initiating force against you. Once the government or anyone else is legally empowered to do so, rather than limited to responding with force in defense against an aggression that you’ve already committed, then liberty as Thomas Jefferson understood it is gone.

Non-aggression is the concept expressed in the statement that “no person shall be…deprived of life, liberty, or property, without due process of law.” In other words, the government can’t use force against you until it is not only asserted but proven that you have committed an aggression against the person or property of someone else.

If you’re reading this to mean that the government is powerless against individuals until after they’ve committed a crime, then you’re correct. That is the price of liberty and there really is no way to compromise it. Force must always be initiated by someone. To be free means that it is never initiated against the innocent, at least not with the endorsement of the law. A person is innocent until they actually commit a crime. You cannot prosecute someone for what might be in his mind – at least not in a free country. As Paul argued, once you throw out the principle of liberty, you have invited the police state, complete with ubiquitous surveillance, unwarranted searches, curfews, and the rest. It is astounding how much of it is already in place in a nation that calls itself “the land of the free.”

The obvious concern with this line of reasoning is that it would seem that to be free, one must set oneself up as a sitting duck for criminals and terrorists, powerless to resist them until it is too late. Ed Meese cited the “42 terrorists attacks, amied at the United States…thwarted since 9/11,” and went on to say, “Tools like the Patriot Act have been instrumental in finding and stopping terrorists.”

I don’t know how Meese arrived at that number, but it doesn’t jibe with reality. I suspect that it includes all of the entrapment schemes that have been perpetrated by federal law enforcement officers, whereby an undercover agent poses as a terrorist and approaches a mentally unstable person for the purpose of convincing him to participate in a phoney terrorist plot. Once the hapless “terrorist” agrees, the undercover agent arrests him and charges him with a crime.

All of the attempted terrorist attacks that the American public know about since 9/11 have defeated the Patriot Act and other security “tools” insituted since that crime was committed. The shoe bomber and the underwear bomber were both overpowered by private citizens acting in their own defense, after the would be terrorists had defeated the security measures within the Patriot Act and the TSA. Even on 9/11, with the federal government already in charge of security, albeit without the “tools” of the Patriot Act, the only crime that was prevented was the one that would have been perpetrated using Flight 93. Again, it was private citizens acting in their own defense and defense of their neighbors that thwarted the attack. While they were unsuccessful in defending their own lives, they prevented the loss of many, many more.

This illustrates another fundamental element of liberty – the right of each person to be allowed to provide for their own defense. The right and duty of each individual to defend themselves to the best of their ability replaces absolute power in the hands of the government. Consistent with this idea, Paul has been a staunch advocate of the 2nd amendment, while Gingrich, although he supports the right to bear arms in rhetoric, also voted for the Lautenburg Gun Ban and the Criminal Safezones Act, sponsored by Nancy Pelosi.

Gingrich tries to qualify his position on the Patriot Act by drawing a conceptual line between criminal law enforcement and national security. He says that “criminal law – the government should be on defense and you should be innocent until proven guilty. National security – the government should have many more tools in order to save our lives.”

In other words, if the government decides that “national security” is threatened, you are  no longer innocent until proven guilty. He also says that Americans must “build an honest understanding that all of us will be in danger for the rest of our lives.”

Do the math.

This exchange between Paul and Gingrich represents a fundamental choice that the American people have to make. They can take personal responsibility for their security and take power back from the federal government or they can hand unchecked power to the federal government along with their liberty. There is no “centrist” or “moderate” position, because once the principle is conceded, liberty is gone.

As Benjamin Franklin warned, the choice between liberty and security is a false one. No, there were not nuclear weapons in 1755, but to think that the existence of nuclear weapons changes the principle is counterintuitive. Franklin spoke those words in 1755 because the same choice existed then as now. Those who sacrifice liberty in the hopes of greater security deserve neither and will get neither. The most immediate threat to one’s security is always the closest one – the government itself.

In deciding who was right in this debate, Americans are really deciding whether liberty is something they cherish or whether Franklin, Jefferson, Adams and the rest were wrong. If they were wrong or if we’ve decided that there is something fundamentally different today that trumps those timeless principles, let’s at least dispense with the notion that we live in the “land of the free.” At the next sporting event, let the singer end with “o’er the land of the secure, and the home of the safe.” It may not be pleasing to the ear, but neither is Gingrich’s plan for a “secure” America.

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

© Thomas Mullen 2011

Lord and Levin Welcome Ron Paul to the Top Tier

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Punctuated by his move past Michele Bachmann into third place in the race for the Republican nomination for president, Ron Paul has arrived in the “top tier.” While this is a significant positive for his supporters, it does not mean that opposition to Paul from within the party will diminish. On the contrary, now that it is undeniable that he really could win the nomination, Paul’s supporters should expect attacks from the opposition to intensify. They have.

Beginning with a piece in the American Spectator by Jeffrey Lord, conservative opponents of Paul have fired the first shots in what from here on out will probably be an all-out bombardment of Paul and his platform. I say “Paul and his platform” because along with substantive criticism of his positions, one should expect a generous amount of ad hominem directed at Paul himself. Judging from the Lord piece and Mark Levin’s replies in weighing in on the matter, one can expect even more mudslinging than usual.

That is not to single out Lord or Levin as particularly unique in this regard. Mudslinging or “muckraking” has been a part of American politics since the earliest days of the republic. Contrary to what many Americans seem to believe, there never was a “golden age” of American journalism where reporters objectively reported the facts and avoided all political bias. In fact, early American newspapers were not only unapologetically biased; they were unconcerned about even the veracity of the mud they slung. During the election of 1800, John Adams was reported to have “ordered Charles Cotesworth Pinckney to London to procure four pretty mistresses to divide between them.” [1] Adams laughed off this completely false accusation, saying that Pinckney must have kept them all to himself.

Indeed, Ron Paul is unique among politicians for his refusal to attack his opponents personally, even when he vehemently disagrees with their positions. After Rick Perry suggested that Ben Bernanke’s monetary policies might be treasonous, Ron Paul declined to join in even when invited to. Asked by Wolf Blitzer to respond to Perry’s comments, Paul refused to take the bait, saying “I try never to make it the individual as much as the philosophy.”

In the same spirit, I would like to take a look at Lord’s and Levin’s criticisms of Paul and respond to the substantive parts of them. Generally, both accuse Paul of not being a true conservative due to his foreign policy of non-interventionism. Lord claims that this policy is rooted in “neo-liberal” philosophy and that in Paul’s case, like many of the supposed neo-liberals that Lord cites, the policy is also motivated by racism (anti-Semitism being racism directed at Jewish people). Finally, Lord accuses Paul of being disingenuous in portraying the founding fathers as non-interventionist, citing Washington’s invasion of Canada during the Revolutionary War, John Adams’ prosecuting of the Quasi War, James Madison’s prosecution of the War of 1812, and James Monroe’s Monroe doctrine.

Taking these points in order, the first concerns “non-interventionism.” What is it and what is its motivation?

First, we have to recognize the actual definition of the word “intervene.” It certainly does not mean using force to defend oneself. If an individual is attacked by a mugger and uses force to defend himself, he is not “intervening.” Intervention is by definition the interposing of one party into the affairs of two or more others. Thus, if England and France go to war, and Russia enters the war on France’s side, then Russia is intervening. Likewise, if a revolution occurs in Albania, and Spain enters the war on the side of the rebels, Spain is intervening. However, if the United States were attacked by Russia and used military force to defend herself against the attack, the United States would not be intervening.

Ron Paul consistently states that the United States should have a strong national defense but should also be non-interventionist. Is this philosophy rooted in racism? In my own interview with him in July 2011, Paul confirmed that the underlying philosophy that informs all of his positions is the libertarian non-aggression axiom (this question and answer begins around the 11:50 mark). This axiom holds that no human being has the right to initiate force against another, including against their person, liberty, or justly acquired property. This is what makes Paul’s positions against the welfare state, the Patriot Act, and preemptive war consistent. All of these policies represent the initiation of force.

Mssrs. Lord and Levin do not distinguish the concept of non-aggression from pacifism. This is an error. Libertarians like Paul are fierce defenders of the right to bear arms precisely because they are not pacifists. They recognize the right, even the duty, to defend oneself with force against aggression. This applies both to the relationship between individuals within society and the relationship between nations. Paul does not champion pacifism if another nation attacks the United States. However, he opposes the United States initiating force against another nation, even if that nation’s policies are oppressive or otherwise objectionable.

Lest opponents of this libertarian philosophy tag it as “leftism” the reader should understand that it was the central principle that inspired Thomas Jefferson’s philosophy. In his own words,

“Our legislators are not sufficiently apprised of the rightful limits of their powers; that their true office is to declare and enforce only our natural rights and duties, and to take none of them from us. No man has a natural right to commit aggression on the equal rights of another; and this is all from which the laws ought to restrain him.”[2]

This was by no means the only time that Jefferson invoked the non-aggression principle. He invoked it in defending religious freedom, saying ““The legitimate powers of government extend to such acts only as are injurious to others. But it does me no injury for my neighbor to say there are twenty gods or no God. It neither picks my pocket nor breaks my leg.”[3]

In fact, on nearly every occasion where he had the opportunity to define the role of government, he invoked this principle. His first inaugural address was centered around it.

“What more is necessary to make us a happy and a prosperous people? Still one thing more, fellow-citizens — a wise and frugal Government, which shall restrain men from injuring one another, shall leave them otherwise free to regulate their own pursuits of industry and improvement, and shall not take from the mouth of labor the bread it has earned. This is the sum of good government, and this is necessary to close the circle of our felicities.”[4] [emphasis added]

That this founding principle is completely consistent with non-interventionism is reflected by Jefferson’s support for it in that same speech.

“Equal and exact justice to all men, of whatever state or persuasion, religious or political; peace, commerce, and honest friendship with all nations, entangling alliances with none;”[5]

Lord points to Jefferson’s war with the Barbary pirates as an example of interventionism, but this is absurd. Jefferson was not intervening in a dispute between two other nations or an internal dispute within one. He was defending the United States against acts of war that had been committed against them. On May 10, 1801, the pasha of Tripoli formally declared war against the United States. Jefferson’s military response was completely consistent with non-aggression and its sub-corollary, non-interventionism. Again, neither non-aggression nor non-interventionism are synonymous with pacifism.

As Tom Woods and Kevin Gutzman have pointed out, all of the early American wars cited by Lord as examples of the founders being ‘interventionists” were in fact similarly defensive. Lord’s citing of the Quasi War with France as “interventionist” is particularly confused. The whole reason that it was called a “quasi” war was Adams staunch refusal to ask for a declaration of full-out war, even against the wishes of many in his own party. As I have written before, Adams actually considered avoiding war with France the crowning achievement of his presidency.

As I argued regarding Obama’s war in Libya, taxing American citizens to defend people in other countries similarly violates the non-aggression principle. If conservatives actually believe that the U.S. government can tax Americans to provide freedom or security to people in other countries, then what is their objection to the liberal policy of taxing American citizens to provide healthcare or housing to other Americans? In either case, one person is taxed to provide benefits exclusively to another. Is this conservative? It certainly isn’t libertarian.

On the racism/anti-Semitism charge, there is nothing in any of Ron Paul’s public statements, voting record, or writing that can remotely support a charge of racism or anti-Semitism. In his own words,

“Racism is simply an ugly form of collectivism, the mindset that views humans only as members of groups and never as individuals. Racists believe that all individual who share superficial physical characteristics are alike; as collectivists, racists think only in terms of groups. By encouraging Americans to adopt a group mentality, the advocates of so-called “diversity” actually perpetuate racism. Their intense focus on race is inherently racist, because it views individuals only as members of racial groups.”

Lord and Levin accuse Paul of not being a true conservative and of espousing major tenets of the liberal philosophy. However, it is they who adopt the tactic that conservatives consistently accuse liberals of using: making an unfounded charge of racism in the hope that the mere association of the word with the position will evoke an emotional response in the minds of voters and persuade them to oppose the position, regardless of its merits. I agree with conservatives that this is a dishonest and reprehensible tactic.

They also accuse Paul and some of his supporters of not being conservative for criticizing Reagan. Reagan, who said in this interview that “the very heart and soul of conservatism is libertarianism,” invoked Jefferson’s first inaugural in stating that it was government’s role to keep us from harming each other, but should not try to keep us from harming ourselves. However, as the interview goes on, Reagan is able to put virtually the whole progressive regulatory state into the former category, with very little recognized as part of the latter. This lends insight into his presidency, where the size and the power of the federal government doubled, despite his libertarian rhetoric both before and after his election.

If the heart and soul of conservatism is truly libertarianism as Reagan argued, then true libertarians and conservatives would have to criticize Reagan’s presidency. He did not, as he promised he would, abolish the Department of Education, but expanded it. He did not, as he promised, reduce the size and influence of the federal establishment back within the limits imposed upon it by the Constitution. He did not lower taxes. He raised them. He did not cut government spending – it doubled on his watch, outpacing the spending increases of Carter and Clinton by large orders of magnitude. Both libertarians and conservatives should criticize these aspects of his presidency. Doing so doesn’t make them less libertarian or conservative. It merely confirms that they have a grip on reality.

Finally, the personal nature of Levin’s attacks on Mike Church and Jack Hunter belie their lack of substance. Levin calls Church a moron, accuses him of being intoxicated on the air, and even belittles Church’s supposedly insignificant radio audience. Most people are familiar with the ad hominem attack. While passion for one’s viewpoints is understandable, “attacking the man” rather than the man’s arguments amount to a capitulation that one has lost the debate. Don’t expect this to diminish as Ron Paul’s popularity continues to increase. Supporters of the establishment have good reason to fear a Paul presidency, and one can expect the attacks on him and his supporters to get uglier and uglier. And yes, expect supposed conservatives to act just like liberals in calling anyone who disagrees with them a racist. Welcome to the top tier, Congressman Paul.

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

© Thomas Mullen 2011

[1] McCullough, David John
Adams pg. 544
[2] Jefferson, Thomas Letter
to Francis Walker Gilmer June 7, 1816 from The Works of Thomas Jefferson edited
by Paul Leicester Ford G.P. Putnam‘s Sons New York and London The Knickerbocker
Press 1905 pg. 533-34
[3] Thomas Jefferson, Notes on
Virginia, Query XVII 1782
[4] https://avalon.law.yale.edu/19th_century/jefinau1.asp
[5] Ibid

The Tenth Amendment Run Amok?

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In between “gotcha questions” and the Pawlenty-Bachman slurfest, an interesting discussion actually occurred during the Fox News presidential debate staged in Iowa on Thursday night (8/11/2011). It concerned Tim Pawlenty’s quite valid criticism of Mitt Romney’s role in expanding government healthcare in Massachusetts. During Romney’s term as governor, he signed into law a state healthcare plan that served as the basis for what is popularly known today as “Obamacare.”

Romney replied with a defense based upon the Tenth Amendment to the US Constitution, saying Massachusetts passed a law that was right for Massachusetts, but President Obama forced a “one size fits all solution” on the entire nation, usurping the powers reserved to the states or the people.

Calling him a “constitutional expert,” panelist Chris Wallace asked Congressman Ron Paul whether the states “have a constitutional right to make someone buy a good or a service just because they are a resident.” Paul replied,

“No, the way I would understand the Constitution, the federal government can’t go in and prohibit the states from doing bad things and I would consider this a very bad thing. But you don’t send in a federal police force because they’re doing it and throw them into court.”

Rick Santorum replied that this argument represented “the Tenth Amendment run amok” and paraphrased Abraham Lincoln saying “the states don’t have the right to do wrong.” He argued that the United States is a nation built upon moral laws, implying that he would support the federal government overriding the state government if an action of the state violated those moral laws.

So, what moral law does “Romneycare” violate and should the federal government step in and intervene?

For libertarians, many aspects of both Romneycare and Obamacare violate the moral law of non-aggression. It initiates force against individuals who have not aggressed against others by forcing them to buy a product. It forcibly steals their money to buy healthcare for other people. It forces them to pay for a government-run “exchange” which distorts the market and privileges government-connected health insurers.

Whether most conservatives see it from this perspective is not clear – they rarely make arguments based upon rights, rather than results. But Rick Santorum believes Romneycare is immoral, by whatever moral standard he is using.

So, let’s assume Romneycare does violate an underlying moral law that precedes government and violates the rights of the individuals in Massachusetts. As a libertarian, I certainly agree that it does. I also agree (and I don’t get to say this much) with both Rick Santorum and Abraham Lincoln that “the states don’t have the right to do wrong.” Violation of the rights to life, liberty, and property are wrong regardless of whether they are perpetrated by federal, state, or local governments.

But that’s not what Congressman Paul said. Paul did not assert the state government had any rights. He said the federal government does not have the power to override the states on this issue. This is a crucial distinction to make if one wishes to understand the Tenth Amendment and why violating it has been the chief cause of the national crisis we find ourselves in today.

The Declaration of Independence states that governments derive their just powers from the consent of the governed. It doesn’t talk about government rights because they do not exist. Governments don’t have rights. Only people have rights. Governments are invested with specific, limited powers by the people who establish them. Those powers originate in the people and are delegated to the government for the purpose of securing their rights, as the Declaration also states. If a power is not specifically delegated to the government, the government cannot exercise it. To do so is to exercise power without the consent of the governed.

For the men who declared independence from Great Britain, the consent of the governed was the only way to reconcile government power with liberty. The government was only allowed to exercise power the people agreed to delegate to it. The powers enumerated in the Constitution are those which have this consent, given through the representatives who drafted and ratified it.

Many libertarians today reject the idea that a majority vote can substitute for the consent of the individual. Therefore, they reject all government as the exercise of arbitrary power. Even those who do not hold this view must recognize that calling ratification of the Constitution by majority votes in the state legislatures “consent of the governed” still requires an extremely elastic definition of the word consent. But at least there is some argument to be made that the powers delegated in that document were agreed to by the people.

There is no argument to be made that powers not delegated in the Constitution have the consent of the governed. That is why there is an amendment process; so new powers can be delegated to the federal government if a majority of the states truly wish to do so.

The powers delegated to the federal government deal primarily with issues outside the states. Power is delegated to create armies and navies to defend the republic against invasion. Power is delegated to regulate interstate commerce, which was intended merely to prevent protectionism between the states. There is no power delegated there allowing the federal government to regulate anything within the states. As Thomas Jefferson said, “I believe the States can best govern our home concerns, and the General Government our foreign ones.”[1]

What does all of this have to do with Romneycare? It means Ron Paul was right. The government doesn’t have the power to “prevent the states from doing bad things.” Why not? Because the people of those states never consented to give the federal government that power. The federal government exercising powers not delegated to it, even to repeal a bad law, is not substantively different from Russia or China interfering in the legislative process of a state. Exercising power without the consent of the governed is tyranny, regardless of who perpetrates it.

There is always desire to allow the federal government to exercise this power on those rare occasions when it is actually overriding a bad state law, instead of writing bad laws of its own. As Kevin Gutzman documents in his book, The Politically Incorrect Guide to the Constitution, the states originally had a lot of internal laws that people today might not necessarily agree with. Some of the states had state religions. The Massachusetts Constitution originally required people to attend religious instruction. While libertarians would vehemently disagree with those laws, allowing the federal government to interfere is not the answer. Once that Pandora’s Box is opened, you are on the road to a $3.8 trillion a year federal government with a $14 trillion debt and $100 trillion in unfunded liabilities. Exercising non-delegated powers was the train it rode in on.

As I’ve said before, the Constitution itself was an enormous expansion of government power at the time. But even its delegation to the federal government of vast new powers  had limits. Today, no limits are recognized. If the federal government can ever be fixed, those limits have to be restored. Individuals, local governments, and state governments all do bad things. But a federal government with unlimited power is not the answer. We’ve tried that for the past one hundred years. Not only is it time to start enforcing the Constitution’s limits on federal government power; it’s time to start imposing new ones.

[1] Jefferson, Thomas Letter to Justice William Johnson June 12, 1823 from Jefferson Writings Literary Classics of the United States  edited by Merrill D. Peterson pg. 1476

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

Tom Mullen: Disband the Army

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Adam vs Man 20010706RT’s Adam VS The Man – Tom Mullen Joins Adam Kokesh live in Washington DC to discuss the Constitution, founding fathers and what they meant by no standing armies.

Response to Letter from Senator Bill Nelson Concerning Independence Day

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I received a holiday message from one of my senators with the customary admonishment about how grateful I should be to the government and its soldiers for my supposed freedom. I felt compelled to remind the senator that freedom is an inherent, inalienable right, bestowed by my creator and not by any government, and to refute this preposterous claim that invading third world countries is somehow making me freer. As one forced to pay for all of this, I find the claim particularly distasteful on the 4th of July. So, in the spirit of the holiday, I reprint his letter and my response here, so that the facts can be submitted to a candid world.

July 3, 2011

Dear Thomas,

I gave my Fourth of July message in the Senate this past week, and would like to share it with you. 

Some 235 years ago this weekend, John Adams proclaimed that July 2 would mark the most memorable epoch in the history of America.  It was on that day the Continental Congress declared the 13 colonies free and independent of Great Britain’s crown.  It was two days after that when Thomas Jefferson’s Declaration of Independence was adopted.

And when did Americans first celebrate their independence?

Philadelphia is said to have thrown a big party on July 8, 1776, including a parade and the firing of guns.  George Washington, then camped near New York City, heard the news on July 9 and celebrated then.  But in 1781, Massachusetts became the first state to recognize July 4 as a state celebration.  Ten years later, the young nation’s celebration was dubbed Independence Day.

This Independence Day, I hope every American will stop and think for just a minute about our freedoms – and just how much we owe those who came here long before us and mutually pledged to each other their lives, their fortunes, and their sacred honor.   And let us also remember the young men and women who have died in defense of those freedoms.

We traditionally observe the Fourth with fireworks and fanfare, pomp and parade.  But today we remain engaged in far-away struggles to promote and protect the rights of others who, like us, value freedom and independence.  Many of our soldiers, sailors, airmen, Marines and Coast Guardsmen are spending their Fourth in Iraq and Afghanistan and other parts of world.

I recently was reminded of the commitment and selfless sacrifice demonstrated by one of America’s World War II veterans, who lives in my state of Florida.

U.S. Army Staff Sgt. Robert Rickel, of Boca Raton, served as a waist gunner on a B-17 Flying Fortress.  Sgt. Rickel survived the daring bombing campaign of Schweinfurt, Germany in October 1943, and was awarded the Distinguished Flying Cross for his heroism or extraordinary achievement.

Sgt. Rickel and all the military members and all their families knew the risks and sacrifices they were making were worth it.   As President Reagan once said, “Some things are worth dying for … democracy is worth dying for, because it’s the most deeply honorable form of government ever devised by man.”

Indeed, our democracy is something to celebrate.  I wish everyone a Happy Fourth of July.

Bill

July 4, 2011

Senator Nelson,

The founders of our republic considered democracy “the most vile form of government” (James Madison). They did everything they could to try to limit the power that the majority had over the individual. That’s why they founded “a republic, if you can keep it” (Benjamin Franklin). Obviously, we have failed.

They also objected to the existence of standing armies during peacetime and would likely be taking up arms again if they were taxed by their government for anything other than defense of their own property. While I respect the courage and sacrifice of the soldiers, it is apparent that they are grossly misinformed. There is no cause-effect relationship between the wars that the United States has been involved in, at least since WWII, and what freedom we have left, which diminishes every day. I challenge anyone advancing this sophism to explain exactly how Americans would be less free if we had not invaded Korea, Viet Nam, Somalia, Yugoslavia, Iraq, or Afghanistan. Of course any such explanation would be a list of non sequiturs and absurdities.

As a net taxpayer, I grow increasingly irritated by the ubiquitous exhortations by politicians and media figures to be “grateful to the troops for my freedom,” with the implicit accusation that I am not grateful enough. Even if one accepts the preposterous claim that these wars are making us freer, the gratitude should be directed at those who pay for all of this. I see no reason why I should be grateful to someone whose salary, expenses, education, and sometimes even retirement are all paid for by me – while I have to try to pay for all of those same expenses for myself and my family with what is left after the government’s rapacious taxation.

I for one will not be celebrating our democracy today. Rather, I will celebrate our lost republic in the hopes that it can one day be restored. I hope you will consider my thoughts on this matter and govern accordingly.

Best regards, 

Tom Mullen