Category Archives: American History

Is the Patriot Act Unpatriotic?

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.

What If Iran…

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As another “holiday” weekend draws to a close, Americans have again been bombarded with exhortations to thank the U.S. military establishment for their supposed freedom. This theme pervades all aspects of American culture. Uniformed military personnel are granted privileges on airlines, discounts at restaurants, hotels, and other business establishments. This past summer, I attended my daughter’s dance recital at the Tampa Performing Arts Center. At the midpoint of the performance, men in uniform were rolled out onto the stage and a long tribute follwed, including patriotic-sounding music and a special dance routine, with a pair of army boots spotlighted at the front of the stage. The militarization of American culture is inescapable. That no one seems to recognize the similarity between this cultural worship of the military and the same by another militarized society of not so long ago is truly horrifying.

It may not be fashionable to say so, but I am sick and tired of being told to thank the military. The idea that thanks is owed grows out of the inability of most Americans to recognize simple cause and effect relationships. As I’ve said before, Americans seem to be unwilling to ask themselves the most basic questions about precisely how U.S. wars have made them freer. What are the specific results that the U.S. military has either achieved or prevented in the past 70 years that have led to this supposed increase in freedom? How would we be less free if the U.S. government did not fight one or more of those wars? While I have dealt with this at length before, let me summarize briefly:

1. U.S. citizens are not freer because the U.S. military invaded Korea.

2. U.S. citizens are not freer because the U.S. military invaded Viet Nam.

3. U.S. citizens are not freer because the U.S. military invaded Grenada (does anyone really take this one seriously?).

4. U.S. citizens are not freer because the U.S. military invaded Somalia.

5. U.S. citizens are not freer because the U.S. military invaded Kuwait.

6. U.S. citizens are not freer because the U.S. military invaded Iraq.

7. U.S. citizens are not freer because the U.S. military invaded Afghanistan.

Now, I know that these statements are at odds with conventional wisdom and will be regarded as unpatriotic by conservatives and even most liberals. However, after completing the required ad hominem attack upon the author, I challenge anyone who disagrees to refute these statements logically, providing a reasonable argument that there is some cause-effect relationship between the cited wars and the relative freedom of U.S. citizens. It will be particularly difficult to make the argument in the case of Viet Nam, where the objective (to prevent North Viet Nam from taking over South Viet Nam) was not achieved. U.S. citizens should have been less free as a result. Were they? How?

Cause and effect. It is the first and most basic natural law of the universe. It is the first concept that human beings must master before they can begin to undertsand the world around them. This understanding is imperative when performing the simplest task, like crossing the street. An inability to understand the cause and effect relationships between drivers and pedestrians can get you killed. The danger is exponentially greater when considering spending hundreds of billions of dollars to send hundreds of thousands of armed men to some far-off land.

The so-called debate on Iran provides yet another example of the inability of most Americans to recognize cause and effect relationships. Assuming that the Iranian government is attempting to build a nuclear weapon, the government-media complex has presented a narrow range of options from which Americans are expected to choose, with all others off the table. They are 1. Bomb or invade Iran now, before they get a nuclear weapon or 2. Impose economic sanctions (i.e., a military blockade/act of war) and bomb or invade them later. All of this is predicated upon the assumption that Iran will immediately use this nuclear weapon the minute they build it. While even the most hawkish conservatives would probably concede that there is not much chance that Iran will develop an inter-continental ballistic missile capable of striking the U.S. anytime soon, they cite the possibility that Iran may use this weapon against Israel.

This is where Americans don’t seem to be able to call upon the most basic critical thinking skills. Let’s assume that the hawks are correct. Iran develops a nuclear weapon. Let’s assume that one sunny morning, they decide to fire it. What would happen next?

Israel has approximately 300 nuclear weapons in its arsenal and the most well-trained and equipped military establishment in the Middle East. Do the math. The idea that Iran would preemptively nuke Israel, resulting in its complete destruction, is preposterous. Yet, most American citizens either refuse or are incapable of engaging in this simple analysis and instead give their tacit or enthusiastic support to whatever destructive foreign policy decisions their leaders make.

There is the argument that Iran is led by a government that is not reasonable and therefore would not consider its inevitable destruction before attacking Israel with a nuclear weapon. Of course, “not reasonable” is a label that would fit any government like an old pair of shoes , but is Iran’s government less reasonable than any other? Let’s consider a few facts.

Iran has not invaded another country in over 200 years. The last overt aggressive action that the Iranian government has taken against another nation is the taking of hostages from the U.S. embassy in 1979 (the Iran-Iraq War was a defensive one for Iran). If asked why the Iranians did this, I’m sure most politicians would respond with the “they hate us for our freedom” mantra. Unfortunately, most Americans are willing to believe that the leaders of foreign nations have the same motivations as the villains in comic books.

Assuming that the hostages were taken because the Iranians “hate us for our freedom,” a few questions should immediately spring to mind. Why did they not take hostages from the German Embassy, or the French Embassy, or the Dutch Embassy? Were those countries so much less free than the United States that the Iranians would not have similar hatred toward them? Americans are asked to swallow this nonsense without question and ignore the Iranians’ stated reason for the kidnapping: the U.S.-led overthrow of the democratically-elected Iranian government and subsequent installation and decades-long support of the brutal Shah.

U.S. taxpayers are now being asked to once again abandon cause-effect reasoning in order to support the next steps on the path to war with Iran. They are asked to assume that somehow the results of a military conflict with Iran would be different from the results of the military conflicts in Iraq and Afganistan. After 10 years and trillions of dollars, not to mention lost American and civilian lives, absolutely nothing has been accomplished by either of those wars. Neither has America been rendered freer as a result of them. On the contrary, Americans now live in what any lucid person would describe as an Orwellian police state, complete with electronic surveillance, warrantless searches and seizures, and summary execution of U.S. citizens – without trial or even indictment – at the order of an American dictator. These have been the results of the “War on Terror.” No sane person should expect anything but more of the same if it is expanded further.

Ron Paul was far too polite in responding to the “What if Iran…” question. It is time for Americans to stop worshipping their military establishment and start thinking critically about these issues. Whether they develop a nuclear weapon or not (which is their right as much as any sovereign nation’s), Iran is never going to initiate war with it. What is certain is that if the U.S. government is allowed to lead its country into another destructive war, Americans will be less free, further in debt, and more hated around the world than they are now. The last ten years should be all the proof we need.

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

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.

[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

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

Road to Independence Sets the Record Straight (Movie Review)

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Today, we celebrate another 4^th of July holiday with less understanding of what we’re celebrating than ever. For most 21^st-century Americans, the 4^th is simply a day off from work and an excuse to drink beer, eat hot dogs, and watch fireworks. Of course, there is nothing inherently wrong with pursuing such happiness. However, an understanding of exactly what it’s all about could only add to the enjoyment of the festivities.

If you want to do something different this year and discover the true meaning of the 4^th, you would do well to watch Road to Independence – The Movie, directed by Sirius Radio personality Mike Church for Founding Father Films. This animated feature bills itself as a “Docudrama,” defined as a historically-accurate dramatic film. For the majority of Americans who have been taught an incomplete or distorted version of American history, this film is not only historically accurate but highly entertaining.

The film opens with a prologue focusing on 4^th of July speeches by President’s Lincoln and Reagan, with voiceover narration warning that many U.S. presidents attempting to evoke the meaning of the Declaration of Independence “have gotten it so wrong.” The film thus sets up its purpose – to get the story right and allow the viewer to recognize past, present, and future departures from the ideals of the American Revolution by those leaders supposedly charged to uphold them. It is noteworthy that Church, known primarily for his conservative talk show dominated by criticism of the left, picked two Republican presidents as examples, demonstrating how pervasive the misunderstanding or distortion of those ideals has become.

After a clever animated sequence in which the film’s credits are written in script upon the parchment version of the Declaration itself, the film moves to an 1821 interview with Thomas Jefferson. His narration will frame the rest of the story, with frequent cutbacks to the interview to remind us that we are getting the story from Jefferson. However, while Jefferson’s autobiography and other writings were apparently one source for the content, the producers have obviously researched the events depicted in the film far beyond Jefferson’s own recollections.

Within the framework of Jefferson’s narration, the film also makes frequent departures from strict chronology in order to show the viewer how events in the characters’ pasts affected or were relevant to events happening in the present. For example, the film depicts the sad state of Washington’s army at Cambridge in January, 1776. Washington discovered upon taking command that not only was his army poorly fed, clothed, and equipped, but that they were also outrageously undisciplined, frequently drunk and infrequently bathed. From that scene, the movie flashes back to John Adams’ nomination of Washington for the command. At that time, Washington expressed reservations due to his modest military skills. He now finds that not only might he be inadequate to the task, but that his entire army might similarly be found wanting.

One of the film’s outstanding successes is the bringing to life of these iconic, quasi-mythical personalities. For most Americans, Washington, Jefferson, Benjamin Franklin, and John Adams are larger-than-life epic heroes. Other, equally important founders like George Mason and Richard Henry Lee are all but forgotten. Road successfully puts the importance of these characters in perspective and brings their personalities to life – showing how the different characters and temperaments of these historical titans affected the course of history. Particularly successful is the depiction of John Adams, at once brilliant and boorish, obnoxious (by his own estimation) and charismatic. As the Jefferson character relates in his narration, he was also a “colossus for independence,” without whom it may not have been accomplished.

In terms of historical facts, the film is chock full of them, both crucial and trivial. Among the latter category, the viewer learns that the Declaration of Independence was not in fact signed on the 4^th of July by most of the Congress, but only by the president and secretary. Other members signed it in August. As to more important revelations, we are startled to learn that even upon the eve of the July 2^,1776 vote to declare the colonies independent states, there were still many colonies unwilling to take that step. Out of 13, only 9 were ready to declare independence. South Carolina and Pennsylvania were both against independence on July1, while Delaware was split and New York abstained. The film does an outstanding job of depicting the political wheeling and dealing at the zero hour, including Ben Franklin’s persuading John Dickinson to leave the Congress before the final vote on independence that led to its unanimous passage.

The reluctance of the colonies to take the final step of separation from Great Britain is part of a larger motif that runs throughout the film. As the film’s voiceover narrator explains at the very beginning, the struggle was about “life, liberty, and the pursuit of happiness.” In other words, the colonists were primarily concerned with securing their rights, with separation from England only one possible means of doing so. Throughout the film, we are reminded of the lengths to which the colonists were willing to go to obtain redress of their grievances without leaving the British Empire. The division at the end was really between those who believed that they had no other choice but to separate and those, led by John Dickinson in the Continental Congress, who believed that protection of their rights could still be restored without resorting to rebellion and war.

The viewer also learns that the Declaration of Independence itself was not a groundbreaking piece of philosophy born solely in the mind of Thomas Jefferson, but rather the culmination of a long philosophical tradition that took shape over centuries. Jefferson himself tells us that “Virginia led us to independence,” and one cannot help but note the similarity of the Virginia Declaration of Rights, written largely by George Mason, to Jefferson’s more famous Declaration of Independence. Indeed, we learn that it is inaccurate to attribute the Declaration solely to Jefferson, as it was heavily edited first by Adams and Franklin and then by the Continental Congress as a whole. Rather than the work of one brilliant mind, it was an expression of the general ideas about liberty shared by virtually all of the founders in 1776, put into words by one chosen for his brilliance with the pen.

The film sets out to set the record straight on the American Revolution in general and the Declaration of Independence in particular for Americans whose leaders have “got it so wrong.” It accomplishes its goal not with heavy handed pronouncements, but with the facts themselves. The viewer is left to ponder the questions, “What did President’s Lincoln and Reagan (and most other presidents) get so wrong? What have I learned here that corrects those errors?”

Assistance is provided by the young man interviewing Jefferson in 1821. He asks if the Declaration “defined America’s mission.” Jefferson responds emphatically to the contrary. The founders were not interested in founding an empire with a collective “mission.” Instead, they were men who sought to live in a state of liberty and who quite reluctantly, after exhausting all other alternatives, decided that leaving their country was the only way to do so. The film captures this brilliantly when depicting the grave expressions on the congressmen’s faces after passing the resolution to separate.

As the father of a five-year-old girl, the fact that the film is animated immediately piqued my curiosity as to whether it would be appropriate for young children. It probably is a bit beyond the early grammar school student, not because of any “mature content,” but because the ideas expressed are just too complex for that age group. However, this film would be a perfect supplement to any junior high or high school American history course or for homeschool students age 12 and older. Its entertaining style and rich factual content would provide a strong foundation in understanding this crucial period in American and world history.

Overall, Road to Independence is an overwhelming success. Despite Church’s reputation as a highly-opinionated conservative radio host, this film succeeds in teaching without preaching and letting the facts speak for themselves, leaving the viewer to draw his or her own conclusions. Resisting the temptation to embellish the facts or invent composite characters for dramatic effect, the film successfully tells a story that already has all of the drama that it needs. Rather than semi-legendary figures who live only in paintings or marble busts, the founders come alive in this docudrama as flesh and blood human beings, complete with strengths and weaknesses, individual quirks, and a wide range of personalities. We experience first-hand the real people, historical twist and turns, and evolution of ideas that culminated in the Declaration of Independence and founding of the united States of America. I would recommend this film to all students of American history, both young and old alike.

For more information about this film or to order your DVD copy, visit Mike Church’s Dude Gear Store here.

Check out Tom Mullen’s book, A Return to Common Sense: Reawakening Liberty in the Inhabitants of America. Right Here!