Category Archives: Natural Law

What Zuckerberg’s comments about FBI influence on suppressing Hunter Biden laptop story tell us (and don’t tell us)

In an interview with Joe Rogan that dropped August 25, Facebook CEO Mark Zuckerberg confirmed that not only did Facebook suppress the 2020 New York Post story concerning Hunter Biden’s laptop, but that it was done in response to a request from the FBI. It was the latest in a long line of official confirmations of facts previously excoriated as “conspiracy theories.”

Conservatives consider this a giant smoking gun to point to in their quest to treat social media companies as something other than purely private companies. Some libertarians are making the case Facebook and other social media companies were “coerced” into censoring information helpful to Republicans, including in 2020.

I don’t believe the officers at social media companies feel coerced, even after having been hauled in front of Congress. It’s more likely they took away from those hearings that they have to do better at something they believe is a legitimate duty: to prevent “misinformation.”

Either way, Zuckerberg’s comments provide both groups with proof that something must be done. What must be done is a thornier question.

First, it’s worthwhile to unpack Zuckerberg’s statements. There is much nuance there.

Rogan followed up Zuckerberg’s statement to ask whether the FBI requested Facebook censor the Hunter Biden story in particular. Zuckerberg replied, “No, I don’t remember if it was that specifically, but it was, it basically fit the pattern.”

Fit what pattern? The pattern of supposed Russian propaganda that damaged Donald Trump’s Democratic opponent in the 2016 election, Hillary Clinton and which again would damage Trump’s opponent in 2020. Because, you know, Putin puppet.

Zuckerberg goes on to say, “We just kind of thought, hey look, if the FBI, which I still view as a legitimate institution in this country, it’s a very professional law enforcement, they come to us and tell us we need to be on guard about something, then I want to take that seriously.”

Zuckerberg’s use of the word “still” is significant here, as the interview was recorded after the controversial FBI raid on Mar-a-Lago. It was obviously either a message to or at least an acknowledgement of the many people who no longer view the FBI as a legitimate institution, both because of the raid and its role in Russiagate fiasco over the first two years of Trump’s presidency.

It would be easy to point at some of Zuckerberg’s statements and conclude them as proof he is colluding with the government specifically to prevent Trump or anyone like him from getting elected again. I didn’t hear that. It sounded more like someone who firmly believes in the civic religion and wants to think about himself as doing the civic duty every “captain of industry” has. Or something.

That begs the question whether Zuckerberg would have suppressed a story damaging to Donald Trump under similar circumstances. It’s hard to imagine he would, but it’s possible. From his perspective, he might view it as a defending Nazis marching in Skokie sort of thing. But I wouldn’t bet my own money on it.

I walked away from the interview with the impression Zuckerberg is a typical business owner. He sounded like the vast majority of them when it comes to politics: trying his best to be as conventional and uncontroversial as possible. And like it or not, uncontroversial has meant a left-leaning centrism for at least the past one hundred years.

Blandly conventional is also the safest way to be when you’re looking to maximize revenue from sources across the political spectrum. Don’t forget Facebook also takes a lot of heat from the left for not censoring enough. That Zuckerberg’s and other Facebook officers’ personal biases are with the left make it even more likely that they would be able to view MAGA Republicans as “extremist” but Bernie Bros. as merely pushing the envelope a little.

Like all businessmen, Zuckerberg has to navigate through our grossly overregulated economy, with the threat of more regulation hanging over his head at all times. He has to consider a workforce that skews much younger and more liberal than that of the typical industry. And a majority of his customers lean left. The USA may be a federated republic, but Facebook’s customer base is not.

I am not even suggesting all of this is conscious on his part. When you spend 23 hours per day eating, drinking, and sleeping running a large company, you don’t have the bandwidth to develop complex political ideas, nor do you have the motivation to do so. When asked their political opinions, most business leaders want to sound smart and offend as few potential customers as possible.

Running a successful business means constantly overcoming distractions and stops. It’s a little like running a gauntlet. Someone complains about misinformation? Hire fact checkers. Others complain about equity issues? Make your employees go through equity training. Another group says you’re polluting the environment? Adopt ESG protocols.

Rather than part of a focused political agenda, these are all obstacles to be batted aside – or clubs to avoid being brained by – as you try to keep your head down and make it through the gauntlet to another profitable quarter.

You’re trying to make widgets and these distractions knock you off course. How do I make them go away as cheaply and quickly as possible? This is how business owners think. Take my word for it.

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The Gaping Hole in the Libertarian Immigration Debate

I watched with interest the debate on immigration between Dave Smith and Spike Cohen. I encourage everyone, libertarian or not, to watch it as well. Neither participant called the other a fake libertarian, a racist, a communist, or (insert pejorative here). On the contrary, Smith hurt himself by spending too much time praising Spike during his opening.

Instead of dumb name calling, the debate included thoughtful and thought-provoking arguments for both positions, which were “open borders” and “not open borders.” As to who won the debate, I’ll leave that to the judgment of the viewer. There were no knockdowns.

Like Dave, Spike, and host Marc Clair, I am an ancap. So, my ideal solution would be privatizing everything. And as for my personal feelings about all three, I can only say:

However, especially since it was largely representative of most libertarian discussions on immigration, I am compelled to point out a startling omission in the debate. That was the apparent false assumption by both Dave and Spike that the only options were between the federal government regulating immigration and open borders. Neither even mentioned the constitutional, historical argument: state regulation of immigration.

I was waiting for the conversation to get there until Spike made a statement (about the 43:43 mark), unrefuted by Dave, that since there was no Ellis Island or similar federal immigration enforcement operation for the republic’s first one hundred years, the United States had “straight up open borders” during that time.

No, they didn’t. It is true the federal government wasn’t regulating immigration because the states were regulating it. As I explained in more detail here, the federal government only got involved in immigration as a result of Supreme Court decisions dealing with state immigration enforcement, particularly Chy Lung vs. Freeman, arguably the most spurious decision the Court ever issued on the constitutionality of a federal power.

Without rehashing the linked article above, they didn’t really make an argument the power was delegated. Their decision was based solely on the reasoning that it would be disastrous if the federal government didn’t have the power to regulate immigration, so therefore it must have it. They explained why the federal government should be delegated the power, not that it had already been delegated the power.

It wasn’t the first time the federal government attempted this usurpation. Most people remember the Alien and Sedition Acts for their suppression of free speech, but that was only half the problem. The other half, emphatically argued by both Jefferson and Madison in the Kentucky and Virginia Resolutions in 1798, was that the Alien Act was unconstitutional because it exercised a power (regulating immigration) reserved to the states. Their argument for state nullification of the Alien Act amounted to the same argument made by “sanctuary cities,” only at the state level.

Conservatives often argue the power to regulate immigration is granted to the federal government because it is part and parcel of the power to regulate naturalization (becoming a citizen). This is ludicrous. The vast majority of people who cross the border have no intention of becoming citizens and the two powers are completely distinct.

Others point to the 1808 clause, which has slightly more superficial merit, but you can read my arguments against that in the linked article as well.

For the record, Jefferson addressed the 1808 clause in the Kentucky Resolution and Madison, who wrote the words of both the Naturalization and 1808 clauses, nevertheless stated regulating immigration was a power “no where delegated to the federal government.”

Since there hasn’t been an amendment to delegate this power since then, it must still reside with the states or the people.

The constitutional approach provides two alternative solutions to the immigration question that could work for both conservatives and liberals and be more tolerable to libertarians:

  1. Acknowledge the federal government does not posses this power and propose an amendment to delegate it to the feds.
  2. Acknowledge the federal government does not posses this power and allow the states to resume their authority as protected under the Tenth Amendment.

The amendment suggestion is more than just a formality. If an amendment were proposed, it would require a supermajority of states to ratify it. Out of the dogfight that would naturally follow, something agreeable to both sides might emerge.

If not, alternative #2 would be the default position. While that may appear unthinkable at first glance, allow me to point out that states are already availing themselves of this option right in front of our eyes.

Blue states are declaring “sanctuary cities,” meaning they won’t expend their own resources to enforce federal immigration laws. The governor of Texas says his state is building its own border wall. Florida governor Ron DeSantis wants $8 million from his legislature to “create a new program that would allow the state to contract with private companies to transport ‘unauthorized aliens’ out of Florida.”

Just like marijuana laws, states are beginning to nullify federal immigration laws and any honest proponent of strict construction of the Constitution should admit they have the right to do so.

It’s a far cry from a private property system, but it’s much closer than either federal enforcement of immigration laws or federal subsidization of immigration into the states. If we can’t have a libertarian solution, we can at least have a constitutional one.

Supporting this position checks all the boxes brought up by the participants in the debate. No libertarian candidate would have to support the disastrous federal immigration system. Instead, they could tell voters in each state they support their right to determine the rules themselves, without interference from Washington.

It would also be eminently more practical. It would not mean routine interstate travel would be disrupted by authorities attempting to physically stop people from crossing state lines. The federal government has already shown that to be futile.

State government immigration departments could focus on those people establishing residence within the state rather than attempting to prevent anyone from merely driving through. Those arriving at airports or ports from foreign countries could be processed the same way by state officials as they are now by federal officials, at each state’s discretion.

Not every state would regulate immigration the same way. Those states that wanted open borders could have them. Those that wanted border walls could build them. Those that wanted something in the middle could have that, too.

Nothing governments do can be truly called a market solution but allowing up to fifty different immigration policies would much more closely approximate one than the current one-size-fits-all approach. And it would allow a more scientific way to answer not only whether more or less immigration is good for the current state populations but how much or little regulation is optimal. There may be up to fifty answers to the latter question.

No, the constitutional approach is not perfect, just as neither solution proposed in the debate was perfect. But it beats a civil war between the very unlibertarian factions currently seeking control at the federal level. And it has the potential to evolve into something closer to a private property system than could ever emerge with Washington in charge.

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

Homeless in Ancapistan: Throw the bums out?

Ancapistan was rocked by controversy recently when one of its leading citizens, comic Dave Smith, suggested homeless people living in public parks designed for children should be removed by the police. His argument is based on the homeless people using drugs and engaging in lewd behavior in the presence of children, a situation virtually everyone agrees is undesirable. It’s what to do about it that is at issue.

The dilemma proceeds from the unfortunate reality that the ancap population is not living in its home country, but rather held captive, Babylonian Exile-style, in what purports to be a democratic republic – with the “democratic” part increasingly in the ascendant. That raises the question of how to try to apply libertarian principles in a decidedly unlibertarian world.

The argument against calling the cops goes like this: The parent taking his children to the park doesn’t own the park; it is “public property.” And in public spaces, the inalienable right to liberty trumps any individual’s preferences for rules of conduct. After all, the parent doesn’t own the park and one’s rights are limited to what one owns. So, he has no right to eject anyone from land he doesn’t own. The homeless person has as much right to be in the park as the parent, the children, or anyone else.

Not to mention it is decidedly unlibertarian to call the police, the domestic occupying force of the empire, for any reason.

Here is the problem with the argument against ejecting the homeless people. It is not true that the parent doesn’t own the park. He does. Like the public roads, he hasn’t consented to own it, but rather has been dragooned into ownership by the state. Depending upon how the park is funded – from property taxes, income taxes, sales taxes, etc. – he may or may not have contributed to the creation and maintenance of the park. As money is fungible, he has at least indirectly contributed if he has paid any taxes at all, which are mostly collected to provide benefits to people other than the taxpayer.

But contributing to the associated costs is not a condition of ownership of the park, which is just one of the reasons “public” anything doesn’t work. Public property is owned by every citizen of the polity in question (the town, the city, the state, or the nation) equally. Therefore, the homeless person is also an equal part owner in the park, no more voluntarily so than the parent, but an owner all the same.

It should not be assumed the homeless person has contributed zero funding. He likely has paid sales taxes on items he has purchased. That his contribution is probably miniscule compared to the average parent in the neighborhood reveals another defect of public property: ownership and voting rights over disposition and use are not proportional to the financial contribution made.

That said, doesn’t the homeless person have as much right to be there and do what he pleases in the park as the parent bringing his children to play on the swing set, even if statist rules against “loitering” or “vagrancy” might be employed by the state to remove him?

Of course not. He doesn’t have that right here in Democratica and he wouldn’t have it in Ancapistan, either. In an anarchist society, all property would be privately owned. While it is true that some property may be jointly owned by multiple parties, those cases would be governed in precisely the same way jointly owned private property is governed here in Democratica – by an agreement between all parties as to how the property would be used, what each partner was entitled or not entitled to do with the property, etc.

The only difference in Ancapistan would be that use of the park would be governed solely by the rules agreed to by the partners, without additional rules dictated by an outside force like the state. And the park would be entirely underwritten by the owners, with no outside parties forced to fund it.

Obviously, in such a scenario, no single owner or partnership would invest in the land and equipment necessary to create a park for children and allow homeless people to live in it or commit lewd acts in it in front of children, just as Disneyworld doesn’t allow these things here in Democratica.

Like the roads, the libertarian living in Democratica is not obligated to abstain from using the public park he has been forced to partially own. After all, he likely did pay for them, whether voluntarily or not. But how to settle the dispute between him and his partner in ownership of the park, the homeless heroin addict?

In Ancapistan, they would fall back upon the terms of their consensual agreement. In Democratica, they have no choice but to refer to the terms imposed upon them by their so-called elected representatives. These would be the laws or regulations imposed upon users of the park by the flawed, democratic system which created the park in the first place.

No, it is not a perfect solution, and neither would perfect solutions be available in every situation in Ancapistan. But it is the best solution available to the libertarian forced into a partnership with the homeless person by the state.

As to the libertarian revulsion with using the police, it is understandable but also flawed. Should libertarians ever be allowed to return from exile to Ancapistan, they would find it a similarly imperfect world, albeit a better one. There would still be crimes (violations of property rights) committed there and we would still need to use force to restore equity (there is a proper use of that word) to the victims.

You can call them something else if you want, but we would still need cops to go out and get perpetrators who refused to voluntarily show up for private arbitration hearings or whatever we’d call dispute settlement procedures. There would still be a need to physically remove the occasional trespasser who refuses to leave. And just like no libertarian believes he would be making his own shoes or drilling his own oil in Ancapistan, we would employ professionals to do this work.

Public property doesn’t work. From drilling oil on public land to what is taught in public schools to how fast one can drive on public roads, there is constant conflict and unhappiness with the way public property is governed. That’s why “public property” should be considered an oxymoron. If it’s owned by everyone, it’s really owned by no one for all practical purposes.

It is interesting that some libertarians are concerned about this particular situation. It seems unlikely they would similarly object to physically removing a person screaming in a public library every day or a rich person parking his Mercedes in the center lane of a public highway. Why the homeless guy masturbating in a public park is different is anyone’s guess.

The only just solution to this is to abolish public property and the state along with it. If and until that happens, libertarians should do their best to approximate Ancapistan within the rules dictated at gunpoint by the tyrannical state. If the state has forced them into a partnership with homeless people not following the rules of the partnership and prohibited them from “taking the law into their own hands” to settle the dispute, they should call the cops and ask them to throw the bums out.

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

What proof is there that Covid-19 lockdowns prevent more cases than they cause?

2013-updated_scientific-method-steps_v6_noheaderAs the economic pain from shelter in place orders manifests itself, protests are erupting in many states against what I previously called the absurd proposition of Covid-19 lockdowns. Indeed, as the knock-on effects of these severe disruptions begin to emerge, tensions are going to go much higher.

Supporters of reopening the economy make many arguments, including that the threat of Covid-19 is overstated and that the government “cure” will be worse than the disease. Their opponents smear them as “anti-science,” ignorant rubes. But that begs the question: where is the science supporting the theory these lockdowns have prevented more infections than they caused? I don’t see it; nor do I expect I will.

To be clear, the pro-lockdown crowd, which includes politicians, public health officials, and much of the media, have not necessarily said there will be less cases overall because of the lockdowns. They have said the lockdowns will “flatten the curve,” meaning not as many people will get a severe illness from the virus at the same time. This, they argue, will prevent hospitals being overwhelmed with more cases than there are beds at the peak of the infection cycle.

This is certainly a plausible theory, but that is all it is. One can also construct a plausible theory that the lockdowns have caused more cases during their durations than if they hadn’t been ordered at all or if they only applied to high risk people (elderly, people with underlying conditions, etc.).

How? Well, the CDC says that prolonged exposure to the virus increases one’s chance of contracting it. Therefore, anyone ordered to stay in their homes with people already infected had a much higher chance of being infected than if they or the people they were confined with went to work every day as usual.

We now know the virus was present in at least two people who died as far back as early February, long before the first shelter in place order in any state. We also have strong evidence that far more asymptomatic people have already been infected with the disease than previously thought.

A study by Stanford University concluded there may be as many as 81,000 cases  in that county, with only 1,094 reported. A separate study of 397 residents of a Boston, MA homeless shelter showed a similar result. 146 of the 397 tested positive for the virus. 100% of them were asymptomatic.

The pro-lockdown crowd has interpreted these facts predictably – lockdowns must remain in place because people who don’t even know they have the virus may spread it.

But there is another, glaringly obvious conclusion to be drawn from these studies and the knowledge the virus has been here since at least early February. Lockdowns are forcing uninfected people to have prolonged exposure to infected people.

That’s not to say the lockdowns don’t prevent more infections than they cause. There must be some number of people who have avoided infection by staying in their homes and not going to restaurants, bars, work, etc. But there is just as surely some number of people who became infected because of the lockdowns. Evaluating the lockdown policy depends at least in part upon which of those numbers is larger, as well as the damage done by secondary negative effects of the lockdowns.

Here is the problem. No politician or public health official is interested in that second number. They’ve made their decisions and there is zero incentive for them to have any intellectual curiosity about their validity. On the contrary, they would face public lynching, literally or figuratively, if it turned out their policies not only wrecked the economy but achieved the opposite public health results they intended.

Yet, anyone who believes in science should be demanding rigorous proof that these lockdowns didn’t cause more infections than they prevented while they were in place. And anyone who believes in individual liberty must put the burden of proof on those who would infringe upon it, not on those who merely seek to exercise their inalienable rights.

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

What We Should Remember on Memorial Day

Old-City-of-Mosul-Iraq-reduced-to-rubble-by-Iraq-U.S.bombing-and-shelling-of-ISIS-forces-in-spring-and-summer-2017-photo-by-ReutersMonday will be a sad day for far too many people who have lost sons, daughters, husbands, wives, brothers, sisters and friends to war. Unfortunately, the takeaway from this day – that they died for freedom or some other bromide – only helps ensure future parents, husbands, wives, siblings and friends will share their pain.

Here is the harsh reality we should be confronting every Memorial Day:

War is always a tragedy. It is humanity failing to keep the promise of civil society and abandoning reason to destroy vast amounts of life and property.

It turns responsible adult men back into children, with all accountability removed and license to do what male children love to do: smash and destroy things.

It releases young adult men (and now women) from all the pressures of real life, where one has to produce something someone else buys voluntarily to keep a roof over one’s head and food on the table, while room, board and other expenses are provided by taxpayers,  just like mommy and daddy provide them for children.

Yes, there is a risk of death, although far less risk than an oil rig worker or a logger takes, but that is something late teen or early twenties men are eager to embrace while they are in their wildest stage and before they have experienced enough of life to realize they’ve been had.

Let’s remember this weekend that everyone who ever died in a war died for nothing except the profits of a few connected financial interests and the expansion of government power.

War is government doing what it does best: destroying the natural inclination of people to trade with each other and replacing it with annihilation of peace and prosperity on a scale only a government could achieve. War is government freed from all restraint.

Extreme poverty has been cut in half over the past 29 years. That’s the market and free trade at work.

Cities reduced to rubble, families wandering homeless and graveyards full of people who died before their time – that’s government at work. What more proof does one need that government is the scourge of humanity?

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

Response to Elie Mystal’s ‘Libertarian Hero Meets The Justice Of The Streets (Err.. Suburbs)’

Rand_Paul,_official_portrait,_112th_Congress_alternateI read Elie Mystal’s article on Rand Paul’s assault, which suggests such violent encounters are the inevitable result of libertarianism in practice. He makes two errors. First, he contends Rand Paul ignores the rules of his HOA based on his libertarian philosophy. Second, he contends basing a legal framework on the libertarian non-aggression principle (NAP) is unworkable.

Regarding the first error, libertarianism is based on the sanctity of voluntary contracts. An HOA is a perfect example of what libertarians would replace zoning regulations with – an enforceable contract voluntarily entered into by every individual, instead of a set of rules imposed on the whole by a supposed majority. Mystal conflates voluntary contracts with regulations near the end of his piece, writing, “Rand Paul’s broken ribs are a goddamn case study in why we need regulations.” This begs the question, “Why do we need regulations, rather than just enforcement of the HOA?”

Neither Mystal nor I know the terms of Rand Paul’s HOA contract, but if they prohibit either pumpkin patches or compost heaps, then Rand Paul appears to be in violation of that contract. Libertarians would side with the HOA, not Rand Paul. However, the HOA contract also provides penalties for violation of the terms, which I’m fairly certain don’t include bum-rushing him and breaking his ribs.

This all assumes there is any truth to reports Senator Paul used his property in ways his neighbors found offensive, whether compliant with the letter of his HOA agreement or not. Several of his neighbors have come forward since Mystal’s piece was written to refute those reports.

Even in the absence of a written agreement, libertarians recognize longstanding local conditions as binding on new property owners. Thus, I cannot come into a quiet community and build an airport on my land, subjecting my neighbors to the noise and other inconveniences of having an airport border their land. By the same token, I cannot buy the land next to an existing airport and then demand the airport stop making noise or doing the other things an airport must do to conduct its business. This principle extends to all sorts of questions, including air pollution, zoning, etc. Murray Rothbard wrote about this concept many times. Here is an example.

Second, Mystal’s article includes this passage:

“You can do what you want and I can do what I want and, so long as we’re not hurting anybody, the government can do nothing.” It’s… cute, as theories of social interactions go. It’s not a workable basis for law and governance.”

I would refer the writer to this passage from Thomas Jefferson’s First Inaugural address:

“With all these blessings, 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. [emphasis added]

In fact, Jefferson reiterated the NAP as the basis for law and governance many times over the course of his life. Examples include this, this and this.

Rather than a “cute theory of social interaction,” the NAP was the guiding principle of American liberty for well over a century, until Woodrow Wilson specifically called it out as no longer adequate for what he considered too complex a society for the NAP to govern. Libertarians disagree with Wilson. Mystal may not. But it would be a much more valuable discussion if libertarianism would at least be represented correctly when criticized, rather than presented in the cartoonish fashion our sound bite media so often resorts to.

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

Newsweek: As Congress and Trump Grind to a Halt, the Government Rumbles On

gettyimages-642093036 Newsweek

Donald Trump in the East Room at the White House on February 16, 2017 in Washington, DC.MARIO TAMA/GETTY

President Trump spent the weekend embroiled in yet another Twitter skirmish, this time with retiring Republican Senator Bob Corker. Trump may even have suffered a rare defeat on his own turf, based on Corker’s hilarious rejoinder about someone missing their daycare shift at the White House. If Trump has a soul, even he laughed at that one.

But many blame this kind of drama as a major contributing reason to Trump “not getting anything done” so far during the first year of his presidency. Even those on the blood-in-their-eyes, Trump-hating left make this criticism. One would think they’d be glad he’s not getting anything done, but apparently, a government not doing anything is even worse for them than one doing things they don’t like.

If only “not getting anything done” were true. The Pentagon goes on waging war, uninterrupted by elections, supposed gridlock, or even “government shutdowns.” War has become the normal state, with “an act of Congress” required to stop it, rather than start it.

Domestically, all of Washington’s unconstitutional regulatory agencies have hummed along without pause. The FDA is still driving up prescription drug prices by keeping thousands of generics off the market. The TSA is still violating the 4th Amendment millions of times per day while virtually never discovering dangerous items brought on board, even during their own tests. And the Social Security Administration goes on cutting checks as if it didn’t have tens of trillions in unfunded liabilities.

Read the rest at Newsweek…

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

Spanish PM Pulls a Lincoln on Catalan Secession

rajoyIn the wake of Catalonia’s referendum on independence, Spanish Prime Minister Mariano Rajoy continued to argue, as he had in the weeks leading up to the vote, that any attempt by Catalans to become an independent state violates “the indissoluble unity of the Spanish nation, the common and indivisible homeland of all Spaniards.”

Americans watching with interest could hardly have missed the similarity to U.S. President Abraham Lincoln’s first inaugural speech, in which he declared, “It is safe to assert that no government proper ever had a provision in its organic law for its own termination.”

The difference is Lincoln was doing just what he said he was doing, “asserting.” His novel theory had no basis in the words of the U.S. Constitution itself and contradicted both the Declaration of Independence and the ratification statements made by three states, including Virginia, who all reserved the right to secede from the union as a condition of ratification.

The Catalonia Conundrum

Prime Minister Rajoy’s statement, on the other hand, was not based in theory. He was quoting directly Article 2 of the Spanish Constitution, which contains the provision Lincoln had to invent. But Rajoy wasn’t quoting the whole Article, which reads,

The Constitution is based on the indissoluble unity of the Spanish nation, the common and indivisible country of all Spaniards; it recognises and guarantees the right to autonomy of the nationalities and regions of which it is composed, and the solidarity amongst them all.

Jumbled together in that one paragraph are the same conflicting pressures which exploded into civil war in 19th century America and continue to smolder under the surface today. On one hand is the recognition that diverse cultures within the union have a natural right to govern themselves as they see fit, without having their political decisions overridden by politicians in a distant capitol who don’t share their values, have no local stake in the community and, in Catalonia’s case, don’t even speak the same language.

Read the rest at Foundation for Economic Education…

Newsweek: Can the US Survive the Pressures for Secession?

gettyimages-2030662Trump Derangement Syndrome rages on, the latest symptoms flaring equally based on causes both legitimate and ridiculous.

A key characteristic of the syndrome is its ability to evoke the same outrage over the president retweeting a harmless (and let’s admit it, funny) meme as threatening to destroy an entire nation. The breathless apoplexy over absolutely everything Trump-related, down to the shoes his wife wears while traveling, has desensitized Trump’s supporters to behavior even they should be concerned about.

It is true Trump has inspired new levels of hostility — even for politics — but Americans have been hating the president for this entire century, which is no longer in its infancy.

Bush may not have been “literally Hitler,” but he was Hitler nonetheless to the Democrats, just as Obama was “literally Mao” to conservatives.

But the proud American tradition of hurling invectives at the president isn’t nearly as ominous as the trend towards violence. Both the right and the left have mobilized armed groups, not just carrying signs but ready for violence. In fact, violent resistance is the far-left Antifa’s stated raison d’etre.

Read the rest at Newsweek…

How Long Can Americans Go on Hating the President and Each Other?

redandblueTrump Derangement Syndrome rages on, the latest symptoms flaring equally based on causes both legitimate and ridiculous. A key characteristic of the syndrome is its ability to evoke the same outrage over the president retweeting a harmless (and let’s admit it, funny) meme as threatening to destroy an entire nation. The breathless apoplexy over absolutely everything Trump-related, down to the shoes his wife wears while traveling, has desensitized Trump’s supporters to behavior even they should be concerned about.

It is true Trump has inspired new levels of hostility — even for politics — but Americans have been hating the president for this entire century, which is no longer in its infancy. Bush may not have been “literally Hitler,” but he was Hitler nonetheless to the Democrats, just as Obama was “literally Mao” to conservatives. But the proud American tradition of hurling invectives at the president isn’t nearly as ominous as the trend towards violence. Both the right and the left have mobilized armed groups, not just carrying signs but ready for violence. In fact, violent resistance is the far-left Antifa’s stated raison d’etre.

US Government Power Has Never Been Higher

It isn’t that the three men who have held the office since 2001 are monsters. Anyone who paid attention when Bush, Obama, or even Trump was caught in a quiet moment “off the record” would have to admit that they seem like reasonably likable people. That’s the rub. Government makes nice people do terrible things, things even they themselves would have considered barbarous before taking office.

Unfortunately, most Americans do not bat an eye at the worst offenses committed by the presidency, namely the killing of millions in undeclared wars of choice with nations who have never attacked the United States. But Americans on both the right and the left are increasingly feeling the effects of ceding power over domestic affairs to Washington and the executive branch in particular. The stakes of presidential elections are much higher now that Washington doesn’t just regulate interstate commerce, but regulates the minute details of how businesses are run, how crops are grown, what local public schools teach and even what signs they put on their restrooms.

Read the rest at Foundation for Economic Education…

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